Precursor Control Regulations (SOR/2002-359)

Regulations are current to 2014-08-05 and last amended on 2013-12-19. Previous Versions

Grounds for Refusal

 The Minister shall refuse to issue a Class A import permit if

  • (a) a circumstance described in any of paragraphs 17(1)(b) to (g) and (j), with any modifications that the circumstances require, exists with respect to the permit application;

  • (b) the applicant does not hold a licence that applies to the Class A precursor sought to be imported or the applicant’s licence will expire before the proposed date of entry to Canada;

  • (c) the applicant has been informed that one of the following applications made by the applicant with regard to the licence pertaining to the Class A precursor sought to be imported is to be refused under section 17, namely,

    • (i) an application under section 14 to issue or renew the licence, or

    • (ii) an application under section 19 to amend the licence; or

  • (d) the Minister has reasonable grounds to believe that the import shipment to which the permit would apply would contravene the laws of the country of export or any country of transit or transhipment.

Surrender of Import Permit

 The holder of a Class A import permit shall ensure that an official copy of the permit is surrendered to a customs officer at the port of entry at the time of import.

Declaration

  •  (1) Within 15 days after a shipment containing a Class A precursor is released under the Customs Act, the holder of the Class A import 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 entry into Canada for the shipment;

    • (c) the date the shipment was released under the Customs Act;

    • (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 of the precursors set out in Part 1 of Schedule VI to the Act that it contains.

  • (2) The declaration must

    • (a) be signed by the responsible person in charge or the alternate responsible person in charge for the licensed site to which the shipment will be transported after being released under the Customs Act; 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. 18.

Revocation or Suspension of Permit

 The Minister shall revoke a Class A import 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 A import permit in accordance with subsection 84(1) if

    • (a) a circumstance described in any of paragraphs 23(1)(a) to (f) exists with respect to the licence pertaining to the Class A precursor to be imported; or

    • (b) the 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 A import permit under subsection (1) if the holder of the permit meets the conditions referred to in subsection 23(2).

  • (3) The Minister may revoke a Class A import permit if the holder fails to comply with the decision of the Minister to suspend the permit under section 31 or if the situation giving rise to the suspension is not rectified.

  • SOR/2005-365, s. 19.