Precursor Control Regulations (SOR/2002-359)

Conditions Applicable to Licensed Dealers

7 A licensed dealer may carry out an activity referred to in section 6 if

• (a) the licensed dealer is licensed to carry out the activity with respect to the Class A precursor;

• (b) the licensed dealer carries out the activity in accordance with all conditions set out in the licence;

• (c) in the case of import, the licensed dealer is the holder of a Class A import permit for the precursor and acts in accordance with all conditions set out in the permit; and

• (d) in the case of export, the licensed dealer is the holder of a Class A export permit for the precursor and acts in accordance with all conditions set out in the permit.

End-use Declaration

• 8 (1) A licensed dealer who intends to sell or provide, to a person who is not a licensed dealer, a Class A precursor set out in column 1 of the schedule in a quantity, per transaction, greater than the maximum quantity, expressed as an absolute quantity or per package, specified for the precursor in column 2 of the schedule shall, before entering into the transaction, obtain an end-use declaration signed and dated by the person acquiring the precursor.

• (1.1) The end-use declaration shall include

  • (a) the name of the licensed dealer, being, in the case of a corporation, its corporate name, as well as their address and telephone number and facsimile transmission number, if any;

  • (b) the name of the person acquiring the precursor, being, in the case of a corporation, its corporate name, as well as their address and telephone number and facsimile transmission number, if any;

  • (c) the name of all Class A precursors involved in the transactions mentioned in the end-use declaration;

  • (d) all uses for which the precursor is being acquired; and

  • (e) a certification by the signatory stating that the person is acquiring the precursor as the end user, for the uses mentioned in the end-use declaration.

• (2) If a licensed dealer intends to sell or provide, to a person who is not a licensed dealer, a Class A precursor that is a preparation or mixture containing a precursor set out in Part 1 of Schedule VI to the Act, an end-use declaration under subsection (1) is required if the quantity of the contained precursor, per transaction, is greater than the maximum quantity, expressed as an absolute quantity or per package, specified for the contained precursor in column 2 of the schedule.

• (3) An end-use declaration obtained under subsection (1) or (2) applies to any subsequent transaction between the licensed dealer and the signatory to the declaration that occurs in the same calendar year as the transaction mentioned in the declaration if the subsequent transaction involves the same Class A precursor and the same end-uses.

• (4) For greater certainty, another end-use declaration must be obtained in respect of a subsequent transaction between the licensed dealer and the signatory to the declaration that occurs in the same calendar year as the transaction mentioned in the declaration if the transaction involves a different Class A precursor or a different end-use.

• (5) A licensed dealer required to obtain an end-use declaration must take reasonable steps to verify the identity of the signatory to the declaration if that person or their signature is unfamiliar to the licensed dealer.

Limitation on Transportation

• 9 (1) No person may send, transport or deliver a Class A precursor, or possess the precursor for such a purpose, except

  • (a) a licensed dealer, to the extent necessary to conduct an activity permitted by the licence in respect of the precursor;

  • (b) an agent or mandatary of the licensed dealer;

  • (c) the end user of the precursor; or

  • (d) an agent or mandatary of the end user.

• (1.1) A person sending, transporting or delivering a Class A precursor set out in column 1 of the schedule in a quantity greater than the maximum quantity, expressed as an absolute quantity or per package, specified for the precursor in column 2 of the schedule, shall ensure that the precursor is accompanied by documentation indicating

  • (a) the name and quantity of the precursor;

  • (b) the name of the licensed dealer selling or providing the precursor;

  • (c) the name of the person to whom the precursor is being sent, transported or delivered; and

  • (d) the date the precursor was sent.

• (2) A licensed dealer must, when transporting an imported Class A precursor between the port of entry and the site set out in the licence, or when sending, delivering or transporting a Class A precursor to a destination, including the port of exit, take all steps necessary to ensure the safekeeping of the precursor during transportation or ensure that all steps are taken so as to prevent the diversion of the precursor to an illicit market or use.

9.1 If a rail car, reusable container, intermodal tank container or other container, having a capacity of 9,000 L or more, was used to provide or send red or white phosphorus and the rail car or container is returned to the person who produced the phosphorous with residual amounts that cannot be offloaded under normally accepted operating procedures in the chemical industry, the person returning the rail car or container in that state is exempt from the requirements of these Regulations in respect of that activity.

10 A person shall not transport a Class A precursor in transit through Canada or tranship a Class A precursor in Canada that is coming from one country and going to another or possess a Class A precursor for either of those purposes except in accordance with a permit issued under section 40.

Authorization Concerning Preparations and Mixtures

10.1 Despite sections 6 to 10 and 47, with respect to a Class A precursor that is a preparation or mixture, a person may sell, provide, send, transport, deliver, import, export, transport in transit through Canada, tranship in Canada, destroy or possess for those purposes if

• (a) the preparation or mixture is the subject of an authorization certificate under section 49; and

• (b) no notice indicating that the certificate has been revoked or is under suspension appears on a Government of Canada website.

Individuals

• 11 (1) An individual entering or returning to Canada and having in their possession a Class A precursor that is a preparation or mixture may import the preparation or mixture if

  • (a) the preparation or mixture is intended to treat a medical condition of the individual or an accompanying person for whom the individual is responsible;

  • (b) in the case of a preparation or mixture containing ephedra, ephedrine or pseudoephedrine, the preparation or mixture is packaged and labelled as a consumer product and the total quantity imported of the precursor contained in the preparation or mixture does not exceed

    • (i) in the case of ephedra, 20 g,

    • (ii) in the case of ephedrine, 0.4 g, and

    • (iii) in the case of pseudoephedrine, 3 g; and

  • (c) in the case of a preparation or mixture containing ergometrine or ergotamine, the preparation or mixture is packaged in a container with a label showing that it was dispensed under prescription in a pharmacy or hospital or by a physician and the total quantity imported of the precursor contained in the preparation or mixture does not exceed the lesser of

    • (i) a single prescribed course of treatment, and

    • (ii) a 90-day supply, based on the normal daily dose for the precursor.

• (2) An individual leaving Canada and having in their possession a Class A precursor that is a preparation or mixture may export the preparation or mixture if the requirements of subsection (1) are met, with any modifications that the circumstances require.

Licence

Eligibility for a Licence

12 To be eligible to apply for a licence, a person must be

• (a) an individual who ordinarily resides in Canada; or

• (b) a corporation that has its head office or a branch office in Canada.

Senior Person in Charge and Responsible Person in Charge

• 13 (1) A licensed dealer must designate a senior person in charge, who may, if appropriate, be the licensed dealer, to have overall responsibility for management of the licensed dealer’s Class A precursor activities at the licensed site.

• (2) A licensed dealer must designate a responsible person in charge, who may, if appropriate, be the senior person in charge, to work at the site set out in the licence and have responsibility for supervising, on behalf of the licensed dealer, the licensed dealer’s Class A precursor activities at the site and for ensuring that the activities comply with these Regulations.

• (3) A licensed dealer may designate an alternate responsible person in charge to work at the site set out in the licence and have authority to replace the responsible person in charge when that person is absent.

• (4) The senior person in charge, responsible person in charge and the alternate responsible person in charge

  • (a) must be familiar with the provisions of the Act and these Regulations that apply to the licence held by the licensed dealer by whom they are designated; and

  • (b) must not have been convicted, as an adult, within the previous 10 years, of

    • (i) a designated drug offence,

    • (ii) a designated criminal offence, or

    • (iii) an offence committed outside of Canada that, if committed in Canada, would have constituted an offence referred to in subparagraph (i) or (ii).

• (5) The responsible person in charge and the alternate responsible person in charge must have sufficient knowledge concerning the use and handling of Class A precursors to which the licence applies, including the risk of those precursors being diverted to an illicit market or use, to enable them to properly perform their responsibilities.

Application for a Licence

• 14 (1) An application for a licence or to renew a licence pertaining to a Class A precursor shall be made to the Minister and contain the following information

  • (a) the applicant’s name or, if the applicant is a corporation, its corporate name, any other registered name with a province and any other trade name under which the applicant intends to carry out the activities set out in the licence or intends to identify itself;

  • (a.1) a description of the nature of the business conducted or intended to be conducted by the applicant;

  • (a.2) the length of time, if any, the applicant has been in business;

  • (b) for each Class A precursor sought to be licensed,

    • (i) its name, if any, otherwise a description of its chemical composition,

    • (ii) if it is a salt, the name of the salt,

    • (iii) if it is a preparation or mixture, its brand name, if any, and the names of all precursors set out in Part 1 of Schedule VI to the Act that it contains;

    • (iv) if it is a drug containing a precursor for which a drug identification number has been assigned under section C.01.014.2 of the Food and Drug Regulations, the drug identification number, and

    • (v) if it is a natural health product containing a precursor for which a product number has been assigned under section 8 of the Natural Health Products Regulations, the product number;

  • (c) for each precursor mentioned in the application,

    • (i) the Class A precursor activity referred to in section 6 that is sought to be licensed and that would be conducted at the site to which the licence would apply,

    • (ii) the names of the persons from whom the applicant intends to obtain the precursor, if applicable, and

    • (iii) the type of clientele to whom the applicant intends to supply the precursor;

  • (c.1) if an establishment licence under section C.01A.008 of the Food and Drug Regulations has been issued to the applicant in respect of a Class A precursor, the number of the licence;

  • (c.2) if a site licence under section 29 or 36 of the Natural Health Products Regulations has been issued to the applicant in respect of a Class A precursor, the number of the licence;

  • (d) the address, telephone number, facsimile transmission number and e-mail address of the site sought to be licensed and each building within the site where the activity sought to be licensed is to be carried out;

  • (e) the postal address for the site and each building referred to in paragraph (d), if different from the address provided under that paragraph;

  • (f) the name, date of birth, gender, position with the applicant, telephone number, facsimile transmission number and e-mail address of the senior person in charge for the site;

  • (g) the name, date of birth and gender of the responsible person in charge for the site and the alternate responsible person in charge, if any;

  • (h) a description of the proposed security measures to be used at the site and when a precursor is transported, sent or delivered, including the measures required under subsection 9(2), section 83 and subsection 85(3);

  • (i) a description of the internal controls proposed with respect to precursor activities at the site; and

  • (j) in the case of an application to renew, the number of the licence sought to be renewed.

• (2) If the applicant intends to engage in an activity referred to in section 6 respecting Class A precursors at more than one site, a separate application must be made for each site.

• (3) The application for a licence or its renewal must

  • (a) be signed by the senior person in charge for the site mentioned in the application; and

  • (b) include a statement that

    • (i) the information and documents provided in the application are correct and complete to the best of the knowledge of the signatory, and

    • (ii) the signatory has the authority to bind the applicant.

• (4) An application for a licence or its renewal must be accompanied by

  • (a) declarations signed by the senior person in charge, the responsible person in charge and the alternate responsible person in charge, if any, stating that they have not, as an adult, been convicted within the previous 10 years of

    • (i) a designated drug offence,

    • (ii) a designated criminal offence, or

    • (iii) an offence committed outside of Canada that, if committed in Canada, would have constituted an offence referred to in subparagraph (i) or (ii);

  • (b) a document issued by a Canadian police force with respect to each of the persons referred to in paragraph (a), setting out the person’s criminal record for the previous 10 years, as an adult, in respect of designated drug offences and designated criminal offences, or indicating that the person has no such record;

  • (c) if any of the persons mentioned in paragraph (a) has ordinarily resided in a country other than Canada in the preceding 10 years, a document issued by a police force of that country setting out the person’s criminal record for the previous 10 years, as an adult, in respect of an offence that would have constituted a designated criminal offence or a designated drug offence if committed in Canada, or indicating that the person has no such record; and

  • (d) if applicable, a copy of

    • (i) the certificate of incorporation or other constituting instrument for the applicant, and

    • (ii) any document filed with the province in which the site sought to be licensed is located that states the applicant’s corporate name and any other name registered with the province under which the applicant will carry out the activities set out in the licence or will identify itself.

• (5) The documents referred to in paragraphs (4)(b) and (c) are not required if the persons referred to in those paragraphs consent in writing

  • (a) to having a criminal record check carried out for them, as an adult, in respect of the offences mentioned in those paragraphs during the preceding 10 years;

  • (b) to provide all information and to submit to any means of identification required to obtain the criminal record check; and

  • (c) to pay the fee established by the Royal Canadian Mounted Police, Criminal Record Verification for Civil Purposes Fee Regulations.