Licensed Dealers for Controlled Drugs and Narcotics (Veterinary Use) Fees Regulations

SOR/98-5

FINANCIAL ADMINISTRATION ACT

Registration 1997-12-17

Licensed Dealers for Controlled Drugs and Narcotics (Veterinary Use) Fees Regulations

P.C. 1997-1897  1997-12-17

His Excellency the Governor General in Council, on the recommendation of the Minister of Health and the Treasury Board, pursuant to paragraph 19.1(a)Footnote a of the Financial Administration Act and, considering that it is in the public interest to remit certain debts, pursuant to subsection 23(2.1)Footnote b of that Act, hereby makes the annexed Licensed Dealers for Controlled Drugs and Narcotics Fees Regulations (1056).

Interpretation

Marginal note:Definitions

 The definitions in this section apply in these Regulations.

controlled drug

drogue contrôlée

controlled drug has the same meaning as in subsection G.01.001(1) of the Food and Drug Regulations. (drogue contrôlée)

dealer’s licence

licence de distributeur autorisé

dealer’s licence means

dealer’s licence for controlled drugs

dealer’s licence for controlled drugs[Repealed, SOR/2011-83, s. 2]

dealer’s licence for narcotics

dealer’s licence for narcotics[Repealed, SOR/2011-83, s. 2]

narcotic

stupéfiant 

narcotic has the same meaning as in section 2 of the Narcotic Control Regulations. (stupéfiant )

package/label

emballer-étiqueter

package/label means to put a controlled drug or narcotic in its immediate container or to affix the inner or outer label to the controlled drug or narcotic. (emballer-étiqueter)

sell

vente

sell includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration. (vente)

site

site

site means

  • (a) a building specified in a dealer’s licence for controlled drugs or a dealer’s licence for narcotics and located more than one kilometre from any other building specified in the licence; or

  • (b) more than one building specified in a dealer’s licence for controlled drugs or a dealer’s licence for narcotics, all of which are located within one kilometre of each other. (site)

  • SOR/2011-83, s. 2.

Application

Marginal note:Application

 These Regulations apply only to applicants for dealer’s licences that relate only to controlled drugs for veterinary use or to narcotics for veterinary use.

  • SOR/2011-83, s. 3.
Marginal note:Non-application

 These Regulations do not apply to

  • (a) [Repealed, SOR/2011-83, s. 4]

  • (b) any branch or agency of the Government of Canada or of the government of a province; or

  • (c) any person or organization engaged only in scientific investigation.

  • SOR/2011-83, s. 4.

Fees

Marginal note:Dealer’s licence
  •  (1) The fee for a dealer’s licence is $1,750 for each site at which the licensed activities are to be conducted.

  • Marginal note:First year of activities

    (2) If the applicant has not completed their first calendar year of conducting activities under the licence, the fee for a dealer’s licence is $875 for each site at which the licensed activities are to be conducted.

  • SOR/2011-83, s. 5.
Marginal note:Remission
  •  (1) Subject to subsection 6(2), if the fee is greater than an amount equal to 1.5% of the applicant’s actual gross revenue from the sale, testing and packaging/labelling of controlled drugs and narcotics for the previous calendar year, remission is granted of the difference between those amounts if the applicant provides with their application for the renewal of their licence a statement signed by the individual responsible for the applicant’s financial affairs that sets out the actual gross revenue.

  • Marginal note:Statement — first year of activities

    (2) If the applicant has not completed their first calendar year of conducting activities under a dealer’s licence, the applicant must provide the statement within 90 days after the day on which that year ends in order to be eligible for the remission.

  • SOR/2011-83, s. 5.
Marginal note:Timing of payment
  •  (1) Subject to subsection (2), the fee is payable on the day on which the relevant licence is issued.

  • Marginal note:Timing of deferred payment

    (2) In the case of an applicant referred to in subsection 4(2), the fee is payable on the expiry of the 90–day period if the renewed dealer’s licence is issued.

  • SOR/2011-83, s. 5.
Marginal note:Audited sales records
  •  (1) If the Minister of Health determines, on the basis of any information available to the Minister, that the statement provided under subsection 4(1) is not adequate to determine the actual gross revenue referred to in that subsection, the Minister may require, for the purpose of determining the fee payable or the amount of the remission, the applicant to provide sales records that have been audited by a qualified independent auditor.

  • Marginal note:Omission

    (2) If the applicant fails to provide the Minister with the audited sales records within 90 days after the day on which the Minister requested those records, the difference between the fee and the amount already paid is immediately payable.

  • Marginal note:Difference payable

    (3) If the audited sales records establish that the amount already paid is less than the amount payable, the difference between those amounts is immediately payable.

  • Marginal note:Difference remitted

    (4) If the audited sales records establish that the amount already paid is greater than the amount payable, remission is granted of an amount equal to the difference between those amounts, which the Minister must repay to the applicant.

  • SOR/2011-83, s. 5.
Marginal note:Exception

 An applicant for a dealer’s licence is not entitled to a remission under subsection 4(1) if, in order to conduct an activity referred to in the application, the applicant must also hold an establishment licence under Division 1A of Part C of the Food and Drug Regulations.

  • SOR/2011-83, s. 5.

 [Repealed, SOR/2011-83, s. 5]

 [Repealed, SOR/2011-83, s. 5]

 [Repealed, SOR/2011-83, s. 5]

 [Repealed, SOR/2011-83, s. 5]

Transitional Provisions

Marginal note:Licence issued before coming into force

 Despite section 6, the fees determined in accordance with sections 3 to 5 and subsection 8(2) are payable on January 1, 1998, if the relevant licences are issued before that date.

Marginal note:Application for a reduction
  •  (1) Despite subsection 7(2), if an application for a dealer’s licence for controlled drugs or a dealer’s licence for narcotics is submitted before January 1, 1998, an application for a fee reduction may be submitted, no later than 60 days after the day of the coming into force of these Regulations.

  • Marginal note:Remission

    (2) If a person has paid the total fee referred to in section 3, 4 or 5 at the time an application for a fee reduction is submitted and the application is submitted within the period referred to in subsection (1), the Minister of Health shall grant a remission to the person of an amount equal to the difference between

    • (a) in the case of an application under section 8, an amount equal to the difference between:

      • (i) the total fee paid pursuant to section 3, 4 or 5, and

      • (ii) the total fee payable pursuant to subsection 8(2), and

    • (b) in the case of an application under section 9, an amount equal to the difference between the following:

      • (i) the total fee paid pursuant to section 3, 4 or 5, and

      • (ii) the fee payable pursuant to paragraph 9(3)(a).

 
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