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• 8 (1) A licensed dealer who intends to sell or provide, to a person who is not a licensed dealer, a Class A precursor set out in column 1 of the schedule in a quantity, per transaction, greater than the maximum quantity, expressed as an absolute quantity or per package, specified for the precursor in column 2 of the schedule shall, before entering into the transaction, obtain an end-use declaration signed and dated by the person acquiring the precursor.

• (1.1) The end-use declaration shall include

  • (a) the name of the licensed dealer, being, in the case of a corporation, its corporate name, as well as their address and telephone number and facsimile transmission number, if any;

  • (b) the name of the person acquiring the precursor, being, in the case of a corporation, its corporate name, as well as their address and telephone number and facsimile transmission number, if any;

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  • (e) a certification by the signatory stating that the person is acquiring the precursor as the end user, for the uses mentioned in the end-use declaration.

• (2) If a licensed dealer intends to sell or provide, to a person who is not a licensed dealer, a Class A precursor that is a preparation or mixture containing a precursor set out in Part 1 of Schedule VI to the Act, an end-use declaration under subsection (1) is required if the quantity of the contained precursor, per transaction, is greater than the maximum quantity, expressed as an absolute quantity or per package, specified for the contained precursor in column 2 of the schedule.

• (3) An end-use declaration obtained under subsection (1) or (2) applies to any subsequent transaction between the licensed dealer and the signatory to the declaration that occurs in the same calendar year as the transaction mentioned in the declaration if the subsequent transaction involves the same Class A precursor and the same end-uses.

• (4) For greater certainty, another end-use declaration must be obtained in respect of a subsequent transaction between the licensed dealer and the signatory to the declaration that occurs in the same calendar year as the transaction mentioned in the declaration if the transaction involves a different Class A precursor or a different end-use.

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1 The following definitions apply in these Regulations.

customs officer

customs officer means an officer as defined in subsection 2(1) of the Customs Act. (agent des douanes)

designated drug offence

designated drug offence means

• (a) an offence against section 39, 44.2, 44.3, 48, 50.2 or 50.3 of the Food and Drugs Act, as those provisions read immediately before May 14, 1997;

• (b) an offence against section 4, 5, 6, 19.1 or 19.2 of the Narcotic Control Act, as those provisions read immediately before May 14, 1997;

hospital

hospital means a facility that

• (a) is licensed, approved or designated as a hospital by a province under the laws of the province to provide health care or treatment to persons or animals; and

peace officer

peace officer means a peace officer as defined in section 2 of the Criminal Code. (agent de la paix)

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• (4) An application for a licence or its renewal must be accompanied by

  • (a) declarations signed by the senior person in charge, the responsible person in charge and the alternate responsible person in charge, if any, stating that they have not, as an adult, been convicted within the previous 10 years of

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  • (b) a document issued by a Canadian police force with respect to each of the persons referred to in paragraph (a), setting out the person’s criminal record for the previous 10 years, as an adult, in respect of designated drug offences and designated criminal offences, or indicating that the person has no such record;

  • (c) if any of the persons mentioned in paragraph (a) has ordinarily resided in a country other than Canada in the preceding 10 years, a document issued by a police force of that country setting out the person’s criminal record for the previous 10 years, as an adult, in respect of an offence that would have constituted a designated criminal offence or a designated drug offence if committed in Canada, or indicating that the person has no such record; and

• (5) The documents referred to in paragraphs (4)(b) and (c) are not required if the persons referred to in those paragraphs consent in writing

  • (a) to having a criminal record check carried out for them, as an adult, in respect of the offences mentioned in those paragraphs during the preceding 10 years;

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15.1 The Minister may, in respect of an applicant or a licensed dealer, at any reasonable time,

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• (b) examine, as part of the inspection, the security measures used or put in place at the site and in respect of the sending, transportation or delivery of precursors;

• (c) examine, as part of the inspection, the internal controls used or put in place at the site with respect to precursor activities; and

• (d) examine, as part of the inspection, the books, registers, electronic data and other records held or put in place in accordance with section 85.

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• 91.92 (1) The person in charge of a hospital shall not permit a preparation or mixture containing a Class A precursor set out in column 1 of the schedule to be sold or provided to a patient or for the benefit of an animal under treatment as an in-patient or an out-patient of the hospital in a quantity, per transaction, that exceeds the maximum quantity, expressed as an absolute quantity or per package, specified for the contained precursor in column 2 of the schedule, unless the transaction is made under a prescription or another authorization of a practitioner practising in the hospital.

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