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

Regulations are current to 2019-08-28 and last amended on 2018-10-17. Previous Versions

PART 1Licensed Dealers (continued)

Grounds for Refusal

Marginal note:Refusal of the Minister

 The Minister must refuse to issue, renew or amend a dealer’s licence in the following cases:

  • (a) the applicant is not an eligible person described in section 18;

  • (b) an inspector, who has requested an inspection, has not been given the opportunity by the applicant to conduct an inspection under section 12;

  • (c) false or misleading information or false or falsified documents were submitted in or with the application;

  • (d) an activity for which the licence is requested would contravene an international obligation;

  • (e) information received from a competent authority of a country other than Canada or the United Nations raises a reasonable belief that the applicant has contravened an international obligation;

  • (f) the applicant does not have in place the security measures set out in the Security Directive in respect of an activity for which the licence is requested;

  • (g) the applicant is in contravention of or has contravened in the past 10 years

    • (i) a provision of the Act or any regulations made or continued under the Act, or

    • (ii) a term or condition of another dealer’s licence or an import or export permit issued to it under any regulations made or continued under the Act;

  • (h) the issuance, renewal or amendment of the licence would likely create a risk to security, public health or safety, including the risk of the targeted substance being diverted to an illicit market or use;

  • (i) the individual in charge of the premises, the qualified person in charge or, if applicable, the alternate qualified person in charge has been convicted, as an adult, in the previous 10 years, of

    • (i) in Canada, a designated drug offence, or

    • (ii) in a country other than Canada, an offence that, if committed in Canada, would have constituted a designated drug offence;

  • (j) the proposed method of record keeping referred to in paragraph 20(1)(i) is not capable of accounting for the applicant’s targeted substance transactions as required under section 35 or permitting the Minister to audit the applicant’s activities with respect to targeted substances in a timely manner; or

  • (k) the information required under section 11 has not been provided or is insufficient to process the application.

  • SOR/2010-223, s. 7

Expiration

Marginal note:Duration of dealer’s licence

 A dealer’s licence expires on December 31 of the calendar year for which it is issued.

Application for Renewal

Marginal note:Renewal of dealer’s licence

  •  (1) To apply to renew a dealer’s licence, the licensed dealer must submit to the Minister

    • (a) the information set out in paragraphs 20(1)(a) to (j); and

    • (b) the following documents:

      • (i) the documents referred to in paragraphs 20(3)(a), (b) and (d),

      • (ii) if applicable and if not previously submitted in respect of the dealer’s licence that is being renewed, the document referred to in paragraph 20(3)(e), and

      • (iii) the original dealer’s licence that is to be renewed.

  • Marginal note:Statement by signatory

    (2) An application for renewal must

    • (a) be signed by the individual in charge of the premises to which the renewed dealer’s licence would apply; and

    • (b) include a statement signed by the individual in charge indicating that

      • (i) all information and documents submitted in support of the application are correct and complete to the best of their knowledge, and

      • (ii) the individual in charge has the authority to bind the applicant.

  • Marginal note:Issuance of renewal

    (3) Subject to section 22, the Minister must, after examining the information and documents required under subsections (1) and (2) and section 11, issue a renewed dealer’s licence that contains the information set out in paragraphs 21(a) to (k).

  • SOR/2010-223, s. 42(E)

Amendment of Dealer’s Licence

Marginal note:Application for amendment

  •  (1) To have the content of its dealer’s licence amended, a licensed dealer must submit to the Minister

    • (a) a written application setting out the amendment sought and, if applicable, the documents that support the amendment; and

    • (b) the original dealer’s licence that the licensed dealer seeks to have amended.

  • Marginal note:Statement by signatory

    (2) An application for amendment must

    • (a) be signed by the qualified person in charge or, if applicable, the alternate qualified person in charge of the premises to which the amended dealer’s licence would apply; and

    • (b) indicate that all information and documents submitted in support of the application are correct and complete to the best of the signatory’s knowledge.

  • Marginal note:Issuance

    (3) The Minister

    • (a) must, after examining the application for amendment and the supporting documentation, amend the dealer’s licence in accordance with the application, unless there exists a circumstance described in section 22; and

    • (b) may add any conditions that are necessary to

      • (i) comply with an international obligation,

      • (ii) provide for the level of security referred to in paragraph 21(f) or the new level applicable as a result of the amendment being implemented, or

      • (iii) reduce the potential security, public health or safety hazard, including the risk of the targeted substance being diverted to an illicit market or use.

  • SOR/2010-223, ss. 8, 42(E), 43(F)

Changes in Information Provided

Marginal note:Prior approval or notice

  •  (1) A licensed dealer must

    • (a) obtain the Minister’s approval before making any of the following changes:

      • (i) a change relating to the security at the premises referred to in the dealer’s licence, or

      • (ii) the replacement or the addition of

        • (A) an individual in charge of the premises to which the dealer’s licence applies,

        • (B) a qualified person in charge and, if applicable, an alternate qualified person in charge at the premises to which the dealer’s licence applies, and

        • (C) a person authorized to place an order for a targeted substance on behalf of the licensed dealer;

    • (b) notify the Minister, not later than 10 days after the event, when a person referred to in any of clause (a)(ii)(A) or (C) ceases to carry out their duties as set out in

      • (i) the application for a dealer’s licence under section 20,

      • (ii) the application to renew a dealer’s licence under section 24, or

      • (iii) the request for approval under paragraph (a); and

    • (c) notify the Minister, not later than the next business day after the event, when a person referred to in clause (a)(ii)(B) ceases to carry out their duties as set out in

      • (i) the application for a dealer’s licence under section 20,

      • (ii) the application to renew a dealer’s licence under section 24, or

      • (iii) the request for approval under paragraph (a).

  • Marginal note:New personnel

    (2) The licensed dealer must, with the request for approval referred to in subparagraph (1)(a)(ii), provide the Minister with the following information and documents with respect to the new person:

    • (a) in the case of the replacement of the individual in charge of the premises to which the dealer’s licence applies,

      • (i) the information specified in paragraph 20(1)(b), and

      • (ii) the documents specified in paragraphs 20(3)(a) to (c);

    • (b) in the case of the replacement of the qualified person in charge or the replacement or addition of an alternate qualified person in charge at the premises to which the dealer’s licence applies,

      • (i) the information specified in paragraph 20(1)(c), and

      • (ii) the documents specified in paragraphs 20(3)(a) to (e); and

    • (c) in the case of the replacement or addition of an individual who is authorized to place an order for a targeted substance on behalf of the licensed dealer, the individual’s name.

  • SOR/2010-223, s. 9(F)
  • SOR/2014-260, s. 39(F)
 
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