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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)

Export (continued)

Surrender of Export Permit

 The holder of a Class B export permit shall ensure that

  • (a) an official copy of the permit is attached to the Class B precursor shipment; and

  • (b) an official copy of the permit is surrendered to a customs officer at the customs office at the port of exit set out in the permit.

Declaration

  •  (1) Within 15 days after a shipment containing a Class B precursor is exported, the holder of a Class B export permit for the shipment shall provide the Minister with a declaration containing the following information:

    • (a) the name of the holder and permit number for the shipment;

    • (b) the port of exit from Canada for the shipment;

    • (c) the date of export;

    • (d) the name of the precursor being shipped or a description of its chemical composition, as stated in the permit; and

    • (e) the quantity of the precursor being shipped and, if it is a preparation or mixture, the quantity of all precursors set out in Part 2 of Schedule VI to the Act that it contains.

  • (2) The declaration must

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

    • (b) include a statement that all information set out in the declaration is correct and complete to the best of the knowledge of the signatory.

  • SOR/2005-365, s. 41

Revocation or Suspension of Permit

 The Minister shall revoke a Class B export permit at the request of the holder or if the holder informs the Minister that the permit has been lost or stolen.

  •  (1) Subject to subsection (2), the Minister shall revoke a Class B export permit in accordance with subsection 84(1) if

    • (a) a circumstance described in any of paragraphs 67(1)(a) to (f) exists with respect to the registration of the holder of the permit; or

    • (b) the export permit was issued on the basis of false or misleading information or false or falsified documents.

  • (2) The Minister is not required to revoke a Class B export permit under subsection (1) if the holder of the permit meets the conditions referred to in subsection 63(2).

  • (3) The Minister may revoke a Class B export permit if the holder fails to comply with the decision of the Minister to suspend the permit under section 75 or if the situation giving rise to the suspension is not rectified.

  • SOR/2005-365, s. 42

 The Minister shall suspend a Class B export permit without prior notice if

  • (a) the registration certificate of the holder of the permit has expired or has been suspended or revoked;

  • (b) the Minister has reasonable grounds to believe that the suspension is necessary to protect public health, safety or security;

  • (b.1) the Minister has reasonable grounds to suspect that the continuation of the permit presents a risk of a Class B precursor being diverted to an illicit market or use;

  • (c) the 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; or

  • (d) it is discovered that the export would contravene the laws of the country of final destination or a country of transit or transhipment.

  • SOR/2005-365, s. 43

Preparations and Mixtures

[SOR/2005-365, s. 44]

Application for Authorization Certificate

[SOR/2005-365, s. 44]
  •  (1) With respect to a Class B precursor that is a preparation or mixture, a person who produces for the purpose of sale or provision, or imports, or desires to do either, may apply for an authorization certificate for the preparation or mixture, by submitting an application to the Minister containing the following information and statements:

    • (a) the applicant’s name or, if the applicant is a corporation, their corporate name;

    • (b) if the applicant is a registered dealer, the number of their registration certificate;

    • (b.1) if the person is not the producer of the preparation or mixture, the name of the producer or, if the producer is a corporation, its corporate name;

    • (b.2) the address and the telephone number and facsimile transmission number, if any, of the producer of the preparation or mixture;

    • (c) in respect of the preparation or mixture for which the application is made

      • (i) its name, if any, otherwise a description of its chemical composition, and its brand name, if any,

      • (ii) its qualitative and quantitative composition including all chemical ingredients,

      • (iii) its physical and chemical properties and any difference between those properties and the physical and chemical properties of the chemical ingredients that are precursors set out in Part 2 of Schedule VI to the Act,

      • (iv) the type of analyses used to evaluate its purity and stability, and

      • (v) its intended use;

    • (d) a statement, by the producer of the preparation or mixture, that the preparation or mixture is made in such a way that no precursor set out in Part 2 of Schedule VI to the Act contained in it can be readily extracted, having regard to the complexity and cost of extraction, and that the preparation or mixture cannot be used in the production of a controlled substance; and

    • (e) a statement, by the producer of the preparation or mixture, justifying the application for the certificate, and identifying the scientific principles and any other information in support of the statement under paragraph (d).

  • (2) The application must

    • (a) be signed by

      • (i) a person working for the applicant having supervisory responsibilities pertaining to the preparation or mixture and sufficient knowledge to confirm the information set out in the application, or

      • (ii) the senior person in charge for the site, if the applicant is a registered dealer; and

    • (b) include a statement that all information set out in the application is correct and complete to the best of the knowledge of the signatory.

  • SOR/2005-365, s. 45

Issuance of Authorization Certificate

[SOR/2005-365, s. 46]
  •  (1) Subject to section 78, if an application complies with the requirements of section 76, the Minister shall issue to the applicant an authorization certificate that indicates

    • (a) the certificate number;

    • (b) the name, if any, of the preparation or mixture that is the subject of the certificate, otherwise a description of its chemical composition, and its brand name, if any;

    • (c) the name of the applicant or, if the applicant is a corporation, their corporate name;

    • (d) the effective date; and

    • (e) any conditions that are necessary to

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

      • (ii) 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) The holder of an authorization certificate shall, on request, provide a copy of the certificate to any person conducting an activity in relation to the preparation or mixture to which the certificate applies.

  • SOR/2005-365, s. 47

Grounds for Refusal

 The Minister shall refuse to issue an authorization certificate if, according to the information provided and scientific data or other information or evidence available, a precursor set out in Part 2 of Schedule VI to the Act can be readily extracted from the preparation or mixture that is the subject of the application, having regard to the complexity and cost of extraction, or the preparation or mixture can be used in the production of a controlled substance.

  • SOR/2005-365, s. 48

Document Accompanying Shipment

 A person who exports a preparation or mixture mentioned in an authorization certificate shall ensure that the shipment is accompanied by a document containing:

  • (a) a statement that the preparation or mixture is subject to an authorization certificate under section 77; and

  • (b) the certificate number for the preparation or mixture.

  • SOR/2005-365, s. 49
 
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