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Benzodiazepines and Other Targeted Substances Regulations (SOR/2000-217)

Regulations are current to 2020-05-04 and last amended on 2019-12-09. Previous Versions

Minister (continued)

Marginal note:Prohibition of sale — notice of retraction

 The Minister must provide the persons and authorities who were sent a notice under subsection 79(1) with a notice of retraction of that notice if

  • (a) in the circumstance described in paragraph 79(2)(a), the requirements set out in subparagraphs (b)(i) and (ii) have been met and one year has elapsed since the notice was sent by the Minister; or

  • (b) in the circumstance described in any of paragraphs 79(2)(b) and (c) and (4)(a) to (d), the pharmacist or the practitioner named in the notice has

    • (i) requested in writing that a retraction of the notice be sent, and

    • (ii) provided a letter from the provincial professional licensing authority of the province in which the pharmacist or practitioner is registered and entitled to practise in which the authority consents to the retraction of the notice.

  • SOR/2010-223, s. 40
  • SOR/2019-170, s. 16

Marginal note:Communication of information by Minister to licensing authority

  •  (1) The Minister must provide in writing any factual information about a pharmacist, practitioner or nurse that has been obtained under the Act or these Regulations to the provincial professional licensing authority that is responsible for the registration and authorization of the person to practise their profession

    • (a) in the province in which the person is or was registered and entitled to practise if

      • (i) the authority submits a written request that sets out the name and address of the person, a description of the information being requested and a statement that the information is required for the purpose of assisting a lawful investigation by the authority, or

      • (ii) the Minister has reasonable grounds to believe that the person has

        • (A) contravened a rule of conduct established by the authority,

        • (B) been convicted of a designated substance offence, or

        • (C) contravened these Regulations; or

    • (b) in a province in which the person is not registered and entitled to practise, if the authority submits to the Minister

      • (i) a written request that sets out the person’s name and address and a description of the information being requested, and

      • (ii) a document that shows that

        • (A) the person has applied to that authority to practise in that province, or

        • (B) the authority has reasonable grounds to believe that the person is practising in that province without being authorized to do so.

  • Marginal note:Definition of nurse

    (2) For the purpose of subsection (1), nurse does not include a nurse practitioner.

  • SOR/2010-223, s. 41
  • SOR/2019-170, s. 16

Notification of Application for Order of Restoration

Marginal note:Written notification

  •  (1) For the purpose of subsection 24(1) of the Act, notification of an application for an order of restoration must be given in writing to the Attorney General by registered mail and must be mailed not less than 15 days before the date on which the application is to be made to a justice.

  • Marginal note:Content of notification

    (2) The notification must specify

    • (a) the name of the justice to whom the application is to be made;

    • (b) the time and place at which the application is to be heard;

    • (c) details concerning the targeted substance or other thing in respect of which the application is to be made; and

    • (d) the evidence on which the applicant intends to rely to establish that they are entitled to possession of the targeted substance or other thing referred to in paragraph (c).

  • SOR/2019-170, s. 16

Permit for Transit or Transhipment

Marginal note:Application

  •  (1) If a targeted substance is to be shipped from a country of export to a foreign country by a route that requires it to be in transit through Canada or to be transhipped in Canada, the exporter in the country of export or their agent or mandatary in Canada must obtain a permit for the transit or transhipment of the targeted substance by submitting to the Minister an application that contains the following information:

    • (a) the name, municipal address and telephone number of the exporter in the country of export;

    • (b) the name, municipal address and telephone number of the person who will be responsible for the targeted substance while it is in Canada;

    • (c) with respect to the targeted substance,

      • (i) its specified name and, if applicable, its brand name,

      • (ii) if it is a salt, the name of the salt,

      • (iii) its quantity, and

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

    • (d) the expected date of transit or transhipment in Canada;

    • (e) the name of the customs office where the importation or exportation is anticipated;

    • (f) each proposed mode of transportation in Canada; and

    • (g) in the case of a transhipment, the municipal address of every place in Canada at which the targeted substance will be stored during the transhipment and the expected duration of the storage at each place.

  • Marginal note:Documents

    (2) The application must be accompanied by

    • (a) a copy of the export permit issued by the competent authority in the country of export; and

    • (b) a copy of the import permit issued by the competent authority in the country of final destination.

  • Marginal note:Signature and attestation

    (3) The application must

    • (a) be signed and dated by a person who is authorized for that purpose by the exporter, including an agent or mandatary in Canada of that exporter; and

    • (b) include an attestation by that person that all of the information submitted in support of the application is correct and complete to the best of their knowledge.

  • Marginal note:Additional information and documents

    (4) The applicant must, not later than the date specified in the Minister’s written request to that effect, provide the Minister with any information or document that the Minister determines is necessary to complete the review of the application.

  • SOR/2019-170, s. 16

Marginal note:Issuance

  •  (1) Subject to subsection (2), on completion of the review of the application for a permit for transit or transhipment, the Minister must issue to the applicant a permit for transit or transhipment that contains

    • (a) the name, municipal address and telephone number of the exporter in the country of export;

    • (b) the name, municipal address and telephone number of the person who is responsible for the targeted substance while it is in Canada;

    • (c) the specified name of the targeted substance, its quantity, its purity and, if applicable, its strength per unit, the number of units per package and the number of packages;

    • (d) the countries of export and final destination and the numbers and expiry dates of the export and import permits issued by the competent authority in each of those countries;

    • (e) the expected date of the transit or transhipment in Canada;

    • (f) the name of the customs office where the importation or exportation is anticipated;

    • (g) each proposed mode of transportation in Canada;

    • (h) in the case of a transhipment, the municipal address of every place in Canada at which the targeted substance will be stored during the transhipment and the expected duration of the storage at each place; and

    • (i) the dates of issuance and expiry of the permit.

  • Marginal note:Refusal

    (2) The Minister must refuse to issue a permit for transit or transhipment if the Minister has reasonable grounds to believe that

    • (a) the issuance of the permit

      • (i) would contravene an international obligation,

      • (ii) would contravene the Act, the regulations or another Act of Parliament or a law of the country of export, of the country of final destination or of a country of transit or transhipment, or

      • (iii) would likely create a risk to public health or safety, including the risk of the targeted substance being diverted to an illicit market or use; or

    • (b) the import permit issued by the competent authority in the country of final destination has expired or has been suspended or revoked.

  • SOR/2019-170, s. 16
 
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