Precursor Control Regulations (SOR/2002-359)

Regulations are current to 2013-05-26

End-use Declaration

  •  (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.

  • SOR/2005-365, s. 6.

Limitation on Transportation

  •  (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) a representative of the licensed dealer;

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

    • (d) a representative 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.

  • SOR/2005-365, s. 7.