2. These Regulations do not apply to a controlled substance if
(a) the controlled substance is produced incidentally in the manufacture of substances other than controlled substances; or
(b) the controlled substance is incidentally present in a mixture, a product or equipment.
2.1. Subject to section 2.2, these Regulations do not apply where a controlled substance is in transit through Canada from a place outside Canada to another place outside Canada, or where the controlled substance is in transit through another country from a place in Canada to another place in Canada, where
(a) the address of the destination is known at the time of import into or export from Canada, as applicable; and
(b) while in transit, the controlled substance is not stored other than in the normal course of transport, re-packaged, sorted or otherwise changed in condition or sold.
- SOR/2001-2, s. 2.
2.2 (1) A person who proposes, for the purpose of transit, to import into or export from Canada a controlled substance shall provide a notice to the Minister, in the form approved by the Minister, at least 15 days prior to the import or export, as applicable.
(2) The Minister shall acknowledge receipt of the notice in writing.
- SOR/2001-2, s. 2;
- SOR/2004-315, s. 2.
3. This Part applies to
(a) a controlled substance within the meaning of the definition in paragraph 4 of Article 1 of the Protocol, as clarified by Decision I/12A, as amended from time to time; and
(b) methyl bromide, whether or not contained in a manufactured product.
4. No person shall import or export a controlled substance from or to a State that is not a Party.
- SOR/2001-2, s. 3;
- SOR/2004-315, s. 3.
5. (1) No person shall import, without a permit issued under paragraph 33(1)(a) or (a.1), a controlled substance that is recovered, recycled, reclaimed, used or for destruction.
(2) A person who imports for reclamation a recovered, recycled, reclaimed or used controlled substance, other than methyl bromide, an HCFC, a bromofluorocarbon or bromochlorodifluoromethane, shall within six months after its importation export it back to the country of origin.
(3) No person shall import a recovered, recycled, reclaimed or used bromofluorocarbon or bromochlorodifluoromethane except if
(a) the bromofluorocarbon or bromochlorodifluoromethane will be used for an essential purpose in another country; and
(b) the bromofluorocarbon or bromochlorodifluoromethane will be exported to its country of destination within six months after its importation.
(4) Any person who fails to comply with subsection (2) or (3), despite being subject to the applicable subsection, shall destroy the controlled substance at a destruction facility that is operated in accordance with the Regulatory Standards for Destruction Facilities set out in the Handbook for the International Treaties for the Protection of the Ozone Layer, as amended from time to time, published by the Ozone Secretariat, United Nations Environment Programme, or export it for destruction no later than three months after the end of the six-month period referred to in the applicable subsection.
- SOR/2001-2, s. 4;
- SOR/2004-315, s. 4;
- SOR/2007-129, s. 2.
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