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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)

Importation

Application for an Import Permit

Marginal note:Required information and documents

  •  (1) To apply for a permit to import a targeted substance, a licensed dealer must submit the following information to the Minister:

    • (a) their name, address and dealer’s licence number;

    • (b) with respect to the targeted substance to be imported,

      • (i) its specified name,

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

      • (iii) if applicable, its brand name,

      • (iv) the quantity to be imported,

      • (v) in the case of a raw material, its purity, and

      • (vi) if applicable, its anhydrous content;

    • (c) the name and address of the exporter in the country of export from whom the targeted substance is being obtained;

    • (d) the port of entry;

    • (e) the address of the customs office, sufferance warehouse or bonded warehouse to which the shipment is to be delivered; and

    • (f) each mode of transportation used, the country of export and, if applicable, any country of transit or transhipment.

  • Marginal note:Statement by signatory

    (2) An application for an import permit must

    • (a) be signed by the qualified person in charge or, if applicable, the alternate qualified person in charge at the premises to which the targeted substance will be transported directly after clearing customs; and

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

  • SOR/2010-223, ss. 16, 42(E)

Issuance of an Import Permit

Marginal note:Content of permit

  •  (1) Subject to section 38, the Minister must, after examining the information and documents required under sections 11 and 36, issue to the licensed dealer an import permit that sets out the following particulars:

    • (a) the permit number;

    • (b) the information set out in paragraphs 36(1)(a) to (f);

    • (c) the date of issuance;

    • (d) the date of expiry, which shall be the earliest of

      • (i) 120 days after the permit is issued, and

      • (ii) December 31 of the year in which the permit is issued; and

    • (e) any conditions that are necessary to

      • (i) comply with an international obligation, or

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

  • Marginal note:Duration of permit

    (2) An import permit is valid until the earliest of:

    • (a) the expiry date set out in the permit;

    • (b) the expiry of the dealer’s licence that pertains to the permit;

    • (c) the suspension or revocation under section 27, 28 or 29 of the dealer’s licence that pertains to the permit;

    • (d) the suspension or revocation of the permit under section 41; and

    • (e) the expiry, suspension or revocation of the export permit that applies to the targeted substance to be imported and that is issued by a competent authority in the country of export.

  • SOR/2010-223, ss. 17, 43(F)

Marginal note:Refusal of permit

 The Minister must refuse to issue an import permit if

  • (a) with respect to the application for the permit, there exists a circumstance described in any of paragraphs 22(c) to (f) or (h), with any modifications that the circumstances require;

  • (b) the applicant does not hold a dealer’s licence for the targeted substance that is to be imported or holds a dealer’s licence that will expire before the date of importation;

  • (c) the applicant has been notified in accordance with paragraph 10(1)(a) that one of the following applications submitted by the applicant with respect to the dealer’s licence under which the targeted substance would be imported is to be refused under section 22:

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

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

    • (iii) an application under section 25 for the amendment of a dealer’s licence; or

  • (d) the Minister has reasonable grounds to believe that

    • (i) the shipment for which the permit is requested would contravene the laws of the country of export or any country of transit or transhipment, or

    • (ii) the importation is for the purpose of re-exporting the targeted substance without having added any economic value to it in Canada.

  • SOR/2010-223, s. 18

Provision of Copy

Marginal note:Copy of the permit

 The holder of an import permit for a targeted substance must provide a copy of the permit to the customs office, sufferance warehouse or bonded warehouse, as the case may be, at the port of entry at the time of importation.

Declaration

Marginal note:Required information

 The holder of an import permit must provide the Minister, within 15 days after the day of release, in accordance with the Customs Act, in Canada of a shipment that contains a targeted substance, with a declaration that contains the following information:

  • (a) the name of the licensed dealer and the numbers of the dealer’s licence and import permit with respect to the shipment;

  • (b) the date of release of the shipment;

  • (c) the specified name or brand name of the targeted substance received; and

  • (d) the quantity and, if applicable, the strength per unit of the targeted substance received.

Revocation or Suspension of an Import Permit

Marginal note:Revocation

  •  (1) The Minister must revoke an import permit at the request of the holder or if the holder informs the Minister that the permit has been lost or stolen.

  • Marginal note:Other revocation circumstances

    (2) Subject to subsection (3), the Minister must revoke an import permit in accordance with subsection 10(1) in the following circumstances:

    • (a) there exists a circumstance described in any of paragraphs 28(1)(a) to (d) with respect to the dealer’s licence under which the targeted substance would be imported; or

    • (a.1) the import permit was issued on the basis of false or misleading information or false or falsified documents submitted in or with the application for the permit;

    • (b) the importation is for the purpose of re-exporting the targeted substance without having added any economic value to it in Canada.

  • Marginal note:Exceptions

    (3) Unless 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, the Minister must not revoke an import permit in the circumstances described in paragraph (2)(a.1), 28(1)(a) or 28(1)(b) if the holder of the permit meets the conditions referred to in paragraphs 28(2)(a) and (b), with any modifications that the circumstances require.

  • Marginal note:Suspension without prior notice

    (4) The Minister must suspend an import permit without prior notice if

    • (a) the permit holder’s dealer’s licence that applies to the targeted substance being imported has expired or has been suspended or revoked;

    • (b) 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; or

    • (c) the importation would contravene the laws of any country or transit or transhipment.

  • SOR/2010-223, s. 19
 
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