85.1 If a licence expires without being renewed or is revoked the former licensed dealer shall,
(a) retain the records and information that they were required to keep or make under sections 85 and 86 for at least two years after the expiry or revocation; and
(b) at the written request of the Minister, provide the Minister with a copy of any record or document required to be kept under paragraph (a).
- SOR/2005-365, s. 52.
86. (1) A licensed dealer and a registered dealer shall, on becoming aware of the transaction, make a record of every transaction occurring in the course of their activities in respect of which there are reasonable grounds to suspect that the transaction is related to the diversion of a precursor to an illicit market or use.
(2) For the purpose of subsection (1), the factors to be considered in assessing if a transaction or group of transactions give rise to reasonable grounds to suspect that the transaction or group of transactions is related to the diversion of a precursor to an illicit market or use include
(a) the composition and chemical properties of the precursor involved, the illicit use that may be made of it and the risk of its diversion to an illicit market or use having regard to those factors;
(b) the quantity of the precursor involved and, in the case of a preparation or mixture, the quantity of all precursors set out in Parts 1 or 2 of Schedule VI to the Act that it contains;
(c) the intended use of the precursor stated by the other party to the transaction;
(d) the proposed means of transportation, route of delivery, place of origin or place of destination;
(e) the method of payment involved; and
(f) in the case of prior dealings between the dealer and the other party to the transaction, any suspicious departure from the pattern of the prior dealings.
(3) A suspicious transaction record shall include
(a) the name, address, telephone number and position with the dealer of the individual making the record;
(b) the identification of the other party to the transaction;
(c) details of the transaction involved, including
(i) the date and time of the transaction,
(ii) the type of transaction, and
(iii) the name and quantity of the precursor and, in the case of a preparation or mixture, the quantity of all precursors set out in Parts 1 or 2 of Schedule VI to the Act that it contains; and
(d) a detailed description of the reasons for suspecting that the transaction is related to the diversion of a precursor to an illicit market or use.
(4) No licensed dealer or registered dealer shall disclose that they have made a suspicious transaction record under this section or disclose the contents of the record, with the intent to prejudice a criminal investigation, whether or not a criminal investigation has begun.
(5) No criminal or civil proceedings lie against a licensed dealer or registered dealer for making a suspicious transaction record under this section in good faith.
(6) The Minister is authorized to receive information that is provided voluntarily by a dealer referred to in subsection (1) in respect of a transaction mentioned in that subsection.
- Date modified: