Precursor Control Regulations (SOR/2002-359)

Regulations are current to 2014-04-02 and last amended on 2013-12-19. Previous Versions

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.