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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)

Exportation

Application for an Export Permit

Marginal note:Required information and documents

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

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

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

      • (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 exported,

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

      • (vi) if applicable, its anhydrous content;

    • (c) the name and address of the importer in the country of final destination;

    • (d) the port of exit and, if applicable, any country of transit or transhipment;

    • (e) the address of the customs office, sufferance warehouse or bonded warehouse at which the shipment is to be presented for export;

    • (f) each mode of transportation used; and

    • (g) a statement that, to the best of their knowledge, the shipment does not contravene any requirement of the laws of the country of final destination or any country of transit or transhipment.

  • Marginal note:Accompanying document

    (2) An application for an export permit for a targeted substance must be accompanied by a copy of the import permit issued by a competent authority in the country of final destination that sets out the name and the address of the premises of the importer in the country of final destination.

  • Marginal note:Statement by signatory

    (3) An application for an export permit must

    • (a) be signed by the qualified person in charge or the alternate qualified person in charge at the premises from which the targeted substance will be sent to the port of exit; 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. 20, 42(E)

Issuance of an Export Permit

Marginal note:Content of permit

  •  (1) Subject to section 44, the Minister must, after examining the information and documents required under sections 11 and 42, issue an export permit to the licensed dealer that sets out the following particulars:

    • (a) the permit number;

    • (b) the information set out in paragraphs 42(1)(a) to (f);

    • (c) the date of issuance;

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

      • (i) 180 days after the permit is issued,

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

      • (iii) the expiry date of the import permit issued by a competent authority in the country of final destination; 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 export 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 47; and

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

  • SOR/2010-223, ss. 21, 43(F)

Marginal note:Refusal of permit

 The Minister must refuse to issue an export permit if

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

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

  • (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 exported is to be refused under section 22:

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

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

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

  • (d) the Minister has reasonable grounds to believe that the shipment for which the permit is requested would contravene a requirement of the laws of the country of final destination or any country of transit or transhipment; or

  • (e) the shipment would not be in conformity with the import permit issued by a competent authority of the country of final destination.

  • SOR/2010-223, s. 22

Provision of Copy

Marginal note:Copy of the permit

 The holder of an export 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 exit at the time of exportation.

Declaration

Marginal note:Required information

 The holder of an export permit must provide the Minister, within 15 days after the day of export 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 export permit with respect to the shipment;

  • (b) the date of export;

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

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

Revocation or Suspension of an Export Permit

Marginal note:Revocation

  •  (1) The Minister must revoke an export 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 export 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 exported; or

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

  • 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 export permit in the circumstances described in paragraph (2)(b), 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 export permit without prior notice if

    • (a) the permit holder’s dealer’s licence that applies to the targeted substance being exported 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;

    • (c) the exportation is not in conformity with an import permit issued by a competent authority of the country of final destination; or

    • (d) the exportation would contravene the laws of the country of final destination or any country of transit or transhipment.

  • SOR/2010-223, s. 23
  • SOR/2014-260, s. 33(F)
 
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