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Precursor Control Regulations (SOR/2002-359)

Regulations are current to 2019-08-28 and last amended on 2019-05-15. Previous Versions

PART 2Class B Precursors (continued)

Registration (continued)

Revocation or Suspension

 The Minister shall revoke a registration and the corresponding registration certificate if the registered dealer so requests or notifies the Minister that the certificate has been lost or stolen.

  •  (1) Subject to subsection (2) and subsection 84(1), the Minister shall revoke a registration and the corresponding registration certificate if

    • (a) the registered dealer is no longer an eligible person under section 58;

    • (b) the registration was made on the basis of false or misleading information or false or falsified documents;

    • (c) the registered dealer has contravened the Act or any regulation under the Act, a condition of the registration or a provision of a registration certificate, a licence or an import or export permit issued under any regulation under the Act;

    • (d) it is discovered that the senior person in charge has been convicted, as an adult, within the previous 10 years of

      • (i) a designated drug offence,

      • (ii) a designated criminal offence, or

      • (iii) an offence committed outside of Canada that, if committed in Canada, would have constituted an offence referred to in subparagraph (i) or (ii);

    • (e) information received from a competent authority, the United Nations or a peace officer raises a reasonable belief that the registered dealer has been or will be involved in the diversion of a controlled substance or precursor to an illicit market or use;

    • (e.1) the continuation of the registration would likely create a risk to public health, safety or security, including the risk of a Class B precursor being diverted to an illicit market or use; or

    • (f) the registration would permit, having regard to an activity mentioned in a notice of change of information, an activity that would not be in compliance with an international obligation of Canada.

  • (2) The Minister is not required to revoke a registration and the corresponding certificate under paragraph (1)(b) or (c) if the registered dealer

    • (a) does not have a history of non-compliance with the Act and any regulation made or continued under the Act; and

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

  • (3) The Minister may revoke a registration and the corresponding certificate if the registered dealer fails to comply with the decision of the Minister to suspend the registration and certificate under section 68 or if the situation giving rise to the suspension is not rectified.

  • SOR/2005-365, s. 38

 The Minister shall suspend a registration and the corresponding certificate without prior notice if the Minister has reasonable grounds

  • (a) to believe that the suspension is necessary to protect public health, safety or security; or

  • (b) to suspect that the continuation of the registration and the certificate presents a risk of a Class B precursor being diverted to an illicit market or use.

  • SOR/2005-365, s. 39

Export

Application for Export Permit

  •  (1) An application for a Class B export permit shall be made by a registered dealer to the Minister in writing and contain the following information and statements:

    • (a) the registered dealer’s name and address and the number of their registration certificate;

    • (b) the business number assigned to the registered dealer by the Minister of National Revenue;

    • (c) for the Class B precursor sought to be exported

      • (i) its name or a description of its chemical composition, and its Harmonization System Code,

      • (ii) if it is a preparation or mixture, its brand name, if any, and the names of all precursors set out in Part 2 of Schedule VI to the Act that it contains,

      • (iii) the quantity sought to be exported, and in the case of a preparation or mixture, the quantity of all precursors set out in Part 2 of Schedule VI to the Act that it contains, and

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

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

    • (e) the proposed means of transportation;

    • (e.1) the name of any proposed country of transit or transhipment;

    • (f) the name of the carrier that is proposed to transport the precursor through the port of exit;

    • (g) the proposed port of exit from Canada;

    • (h) the proposed date of export;

    • (i) the name and address of the proposed customs broker for the registered dealer, if any;

    • (j) a statement by the registered dealer that to the best of their knowledge the shipment would not contravene the laws of the country of final destination or any country of transit or transhipment; and

    • (k) a statement that the registered dealer consents to the disclosure of information contained in the application to the INCB and the competent authority in the country of final destination for the purpose of verifying information contained in the application.

  • (2) The application must

    • (a) be signed by the senior person in charge; and

    • (b) include a statement that the information and statements provided in the application are correct and complete to the best of the knowledge of the signatory.

  • (3) The application may deal with more than one Class B precursor for the same shipment.

  • SOR/2005-365, s. 40

Issuance of Export Permit

  •  (1) Subject to section 71, if the requirements of section 69 are met, the Minister shall issue to the applicant a Class B export permit that indicates

    • (a) the permit number;

    • (b) the information referred to in paragraphs 69(1)(a) to (i);

    • (c) the effective date;

    • (d) the date of expiry, being the earliest of

      • (i) a date determined by the Minister that is not more than 180 days after the effective date,

      • (ii) the date of expiry of the registration of the applicant, and

      • (iii) the date of expiry for any import authorization issued by the competent authority in the country of final destination in respect of the importation of the Class B precursor; and

    • (e) any conditions that are necessary to

      • (i) ensure that the international obligations of Canada are respected,

      • (ii) ensure compliance with a requirement of the country of final destination or any country of transit or transhipment, or

      • (iii) ensure compliance with the Act and these Regulations, including reducing the risk of a Class B precursor being diverted to an illicit market or use.

  • (2) A Class B export permit is valid until the earliest of

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

    • (b) the suspension or revocation under section 66, 67 or 68 of the registration; or

    • (c) the suspension or revocation under section 73, 74 or 75 of the export permit.

Grounds for Refusal

 The Minister shall refuse to issue a Class B export permit if

  • (a) the applicant is not a registered dealer or is a registered dealer whose registration will expire prior to the proposed date of export;

  • (b) a circumstance described in any of paragraphs 63(1)(b) to (f) and (h), with any modifications that the circumstances require, exists with respect to the permit application;

  • (c) the Minister has reasonable grounds to believe that the export shipment to which the permit would apply would contravene the laws of the country of final destination or any country of transit or transhipment;

  • (d) within seven days after the Minister sends pre-export notification of the proposed export to the competent authority in the country of final destination, the Minister has received written notice from the authority that it has refused to authorize the proposed import or that it objects to the import; or

  • (e) the proposed shipment would not be in conformity with an import authorization or letter of non-objection issued by the competent authority in the country of final destination.

 
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