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

Regulations are current to 2019-08-15 and last amended on 2018-10-17. Previous Versions

PART 1Licensed Dealers (continued)

Revocation or Suspension of Dealer’s Licence

Marginal note:Revocation

 The Minister must revoke a dealer’s licence at the request of the licensed dealer or on being notified by the licensed dealer that the licence has been lost or stolen.

  • SOR/2014-260, s. 40(F)

Marginal note:Other revocation circumstances

  •  (1) Subject to subsection (2), the Minister must revoke a dealer’s licence in accordance with subsection 10(1) in the following circumstances:

    • (a) the licence was issued on the basis of false or misleading information or false or falsified documents submitted in or with the application;

    • (b) the licensed dealer has failed to comply with a provision of the Act or the regulations or a term or condition of the licence or of an import or export permit issued under these Regulations;

    • (c) the licensed dealer is no longer an eligible person under section 18; or

    • (d) it has been discovered that the individual in charge of the premises to which the licence applies, the qualified person in charge or, if applicable, the alternate qualified person in charge at those premises 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.

  • Marginal note:Exceptions

    (2) Unless it is necessary to protect security, public health or safety, including preventing the targeted substance from being diverted to an illicit market or use, the Minister must not revoke a dealer’s licence in the circumstances described in paragraph (1)(a) or (b) if

    • (a) the licensed dealer has no history of non-compliance with the Act and the regulations made or continued under it; and

    • (b) the licensed dealer has carried out, or signed an undertaking to carry out, corrective measures to ensure compliance with the Act and these Regulations.

  • SOR/2010-223, s. 10
  • SOR/2014-260, ss. 39(F), 40(F)

Marginal note:Suspension

 The Minister must suspend a dealer’s licence without prior notice if the Minister has reasonable grounds to believe that it is necessary to do so to protect security, public health or safety, including preventing the targeted substance from being diverted to an illicit market or use.

  • SOR/2010-223, s. 11

General Obligations of Licensed Dealers

Marginal note:Identification

 A licensed dealer must include its name, as set out in its dealer’s licence, on all the means by which it identifies itself in relation to the targeted substance, including advertising, product labels, orders, shipping documents and invoices.

  • SOR/2010-223, s. 12(E)

Marginal note:Safekeeping during transportation

 A licensed dealer must, when transporting an imported targeted substance between the port of entry and the premises set out in its licence, or when sending, delivering or transporting any targeted substance, including to a port of exit, take any steps that are necessary to ensure its safekeeping during transportation.

  • SOR/2010-223, s. 13

Marginal note:Qualified person present

 A licensed dealer must not complete a transaction involving a targeted substance unless the qualified person in charge or, if applicable, the alternate qualified person in charge is physically present at the premises set out in the dealer’s licence.

Marginal note:Destruction procedures

  •  (1) A licensed dealer may destroy a targeted substance that it produced, made, assembled, sold or provided or, where authorized by its dealer’s licence, any other targeted substance if

    • (a) before destroying the substance, the licensed dealer obtains the Minister’s approval for the destruction in accordance with subsection 34(3); and

    • (b) the substance is destroyed in the presence of at least two employees of the licensed dealer qualified to witness the destruction, one of whom must be the qualified person in charge or, if applicable, the alternate qualified person in charge at the premises specified in the dealer’s licence.

  • Marginal note:Witness to destruction

    (2) An employee of the licensed dealer is qualified to witness the destruction if the employee

    • (a) is the qualified person in charge or, if applicable, the alternate qualified person in charge at the premises specified in the dealer’s licence;

    • (b) has sufficient knowledge of chemistry or pharmacology and experience in those fields to be able to confirm that the targeted substance listed in the application for the Minister’s approval has been destroyed, and whose duties for the licensed dealer do not include the receiving, preparing or shipping of targeted substances; or

    • (c) is a senior management officer of the licensed dealer.

  • Marginal note:Transportation of the targeted substance

    (3) If the targeted substance is to be destroyed at a location other than the premises specified in the dealer’s licence, the qualified person in charge or, if applicable, the alternate qualified person in charge at the premises specified in the dealer’s licence must accompany the targeted substance to the location at which it is to be destroyed.

  • SOR/2014-260, s. 39(F)

Marginal note:Application for approval to destroy

  •  (1) To apply for the Minister’s approval to destroy a targeted substance, a licensed dealer must submit the following information to the Minister:

    • (a) the proposed date of destruction;

    • (b) the location of destruction;

    • (c) a brief outline of the method of destruction;

    • (d) the names and qualifications of the witnesses;

    • (e) a list of the targeted substances to be destroyed, including the specified name and, if applicable, the brand name;

    • (f) the strength per unit, form and quantity of each targeted substance to be destroyed, including, if applicable, the number of units per package and the number of packages; and

    • (g) the name, address and licence number of the licensed dealer.

  • Marginal note:Statement by signatory

    (2) An application for the Minister’s approval for the destruction of a targeted substance must

    • (a) be signed by the qualified person in charge or, if applicable, the alternate qualified person in charge at the premises specified in the dealer’s licence;

    • (b) include a statement indicating that the proposed method of destruction conforms with all applicable federal, provincial and municipal environmental legislation in the location where the targeted substance is to be destroyed; and

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

  • Marginal note:Approval by Minister

    (3) The Minister must approve the destruction of the targeted substance unless the Minister has reasonable grounds to believe that

    • (a) false or misleading information or false or falsified documents have been submitted in or with the application;

    • (b) a proposed witness is not qualified under subsection 33(2);

    • (c) the targeted substance or a portion of it is required for the purposes of a criminal or administrative investigation, or any preliminary inquiry, trial or other proceeding under any Act or regulations thereunder;

    • (d) approval for the destruction 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; or

    • (e) the targeted substance will not be destroyed within the meaning of subsection 1(2).

  • SOR/2010-223, ss. 14, 42(E)
  • SOR/2014-260, s. 39(F)

Records, Books, Electronic Data and Other Documents

Marginal note:Required information

 Every licensed dealer must keep, at the premises set out in the dealer’s licence, records, books, electronic data and other documents that contain the following information:

  • (a) for each targeted substance transaction, the date of the transaction, the specified name and the quantity of the targeted substance received, produced, made, assembled, imported, purchased, exported, sold, provided, sent, delivered, transported or destroyed, as the case may be;

  • (b) if the targeted substance is

    • (i) produced, made or assembled, the quantity produced, made or assembled and, if applicable, the strength per unit of the substance, the number of units per package and the number of packages,

    • (ii) received or purchased, the name and address of the provider or seller,

    • (iii) imported, the name and address of the exporter and the country of export and any country of transit or transhipment,

    • (iv) sold, provided, sent, delivered or transported, the name and address of the purchaser or recipient,

    • (v) exported, the name and address of the importer, the country of final destination and any country of transit or transhipment, or

    • (vi) destroyed, the name and address of the qualified person in charge or, if applicable, the alternate qualified person in charge who supervised the destruction and the names and addresses of the other witnesses who attended at the destruction; and

  • (c) a statement signed and dated by each witness stating that they have witnessed the destruction and that the targeted substances were destroyed in accordance with these Regulations and the Minister’s approval for the destruction.

  • SOR/2010-223, s. 15(E)
 
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