Precursor Control Regulations (SOR/2002-359)

Regulations are current to 2016-08-15 and last amended on 2016-02-05. Previous Versions

Export

Application for Export Permit

  •  (1) An application for a Class B export permit shall be made by a registered dealer to the Minister in writing and contain the following information and statements:

    • (a) the registered dealer’s name and address and the number of their registration certificate;

    • (b) the business number assigned to the registered dealer by the Minister of National Revenue;

    • (c) for the Class B precursor sought to be exported

      • (i) its name or a description of its chemical composition, and its Harmonization System Code,

      • (ii) if it is a preparation or mixture, its brand name, if any, and the names of all precursors set out in Part 2 of Schedule VI to the Act that it contains,

      • (iii) the quantity sought to be exported, and in the case of a preparation or mixture, the quantity of all precursors set out in Part 2 of Schedule VI to the Act that it contains, and

      • (iv) in the case of a raw material, its purity;

    • (d) the name of the importer and their address in the country of final destination;

    • (e) the proposed means of transportation;

    • (e.1) the name of any proposed country of transit or transhipment;

    • (f) the name of the carrier that is proposed to transport the precursor through the port of exit;

    • (g) the proposed port of exit from Canada;

    • (h) the proposed date of export;

    • (i) the name and address of the proposed customs broker for the registered dealer, if any;

    • (j) a statement by the registered dealer that to the best of their knowledge the shipment would not contravene the laws of the country of final destination or any country of transit or transhipment; and

    • (k) a statement that the registered dealer consents to the disclosure of information contained in the application to the INCB and the competent authority in the country of final destination for the purpose of verifying information contained in the application.

  • (2) The application must

    • (a) be signed by the senior person in charge; and

    • (b) include a statement that the information and statements provided in the application are correct and complete to the best of the knowledge of the signatory.

  • (3) The application may deal with more than one Class B precursor for the same shipment.

  • SOR/2005-365, s. 40.

Issuance of Export Permit

  •  (1) Subject to section 71, if the requirements of section 69 are met, the Minister shall issue to the applicant a Class B export permit that indicates

    • (a) the permit number;

    • (b) the information referred to in paragraphs 69(1)(a) to (i);

    • (c) the effective date;

    • (d) the date of expiry, being the earliest of

      • (i) a date determined by the Minister that is not more than 180 days after the effective date,

      • (ii) the date of expiry of the registration of the applicant, and

      • (iii) the date of expiry for any import authorization issued by the competent authority in the country of final destination in respect of the importation of the Class B precursor; and

    • (e) any conditions that are necessary to

      • (i) ensure that the international obligations of Canada are respected,

      • (ii) ensure compliance with a requirement of the country of final destination or any country of transit or transhipment, or

      • (iii) ensure compliance with the Act and these Regulations, including reducing the risk of a Class B precursor being diverted to an illicit market or use.

  • (2) A Class B export permit is valid until the earliest of

    • (a) the expiry date set out in the permit;

    • (b) the suspension or revocation under section 66, 67 or 68 of the registration; or

    • (c) the suspension or revocation under section 73, 74 or 75 of the export permit.

Grounds for Refusal

 The Minister shall refuse to issue a Class B export permit if

  • (a) the applicant is not a registered dealer or is a registered dealer whose registration will expire prior to the proposed date of export;

  • (b) a circumstance described in any of paragraphs 63(1)(b) to (f) and (h), with any modifications that the circumstances require, exists with respect to the permit application;

  • (c) the Minister has reasonable grounds to believe that the export shipment to which the permit would apply would contravene the laws of the country of final destination or any country of transit or transhipment;

  • (d) within seven days after the Minister sends pre-export notification of the proposed export to the competent authority in the country of final destination, the Minister has received written notice from the authority that it has refused to authorize the proposed import or that it objects to the import; or

  • (e) the proposed shipment would not be in conformity with an import authorization or letter of non-objection issued by the competent authority in the country of final destination.

Surrender of Export Permit

 The holder of a Class B export permit shall ensure that

  • (a) an official copy of the permit is attached to the Class B precursor shipment; and

  • (b) an official copy of the permit is surrendered to a customs officer at the customs office at the port of exit set out in the permit.

Declaration

  •  (1) Within 15 days after a shipment containing a Class B precursor is exported, the holder of a Class B export permit for the shipment shall provide the Minister with a declaration containing the following information:

    • (a) the name of the holder and permit number for the shipment;

    • (b) the port of exit from Canada for the shipment;

    • (c) the date of export;

    • (d) the name of the precursor being shipped or a description of its chemical composition, as stated in the permit; and

    • (e) the quantity of the precursor being shipped and, if it is a preparation or mixture, the quantity of all precursors set out in Part 2 of Schedule VI to the Act that it contains.

  • (2) The declaration must

    • (a) be signed by the senior person in charge designated by the registered dealer; and

    • (b) include a statement that all information set out in the declaration is correct and complete to the best of the knowledge of the signatory.

  • SOR/2005-365, s. 41.

Revocation or Suspension of Permit

 The Minister shall revoke a Class B export permit at the request of the holder or if the holder informs the Minister that the permit has been lost or stolen.

  •  (1) Subject to subsection (2), the Minister shall revoke a Class B export permit in accordance with subsection 84(1) if

    • (a) a circumstance described in any of paragraphs 67(1)(a) to (f) exists with respect to the registration of the holder of the permit; or

    • (b) the export permit was issued on the basis of false or misleading information or false or falsified documents.

  • (2) The Minister is not required to revoke a Class B export permit under subsection (1) if the holder of the permit meets the conditions referred to in subsection 63(2).

  • (3) The Minister may revoke a Class B export permit if the holder fails to comply with the decision of the Minister to suspend the permit under section 75 or if the situation giving rise to the suspension is not rectified.

  • SOR/2005-365, s. 42.

 The Minister shall suspend a Class B export permit without prior notice if

  • (a) the registration certificate of the holder of the permit has expired or has been suspended or revoked;

  • (b) the Minister has reasonable grounds to believe that the suspension is necessary to protect public health, safety or security;

  • (b.1) the Minister has reasonable grounds to suspect that the continuation of the permit presents a risk of a Class B precursor being diverted to an illicit market or use;

  • (c) the shipment would not be in conformity with an import authorization or letter of non-objection issued by the competent authority in the country of final destination; or

  • (d) it is discovered that the export would contravene the laws of the country of final destination or a country of transit or transhipment.

  • SOR/2005-365, s. 43.
 
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