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Precursor Control Regulations (SOR/2002-359)

Regulations are current to 2019-07-01 and last amended on 2019-05-15. Previous Versions

PART 2Class B Precursors (continued)

Preparations and Mixtures (continued)

[SOR/2005-365, s. 44]

Revocation and Suspension

 The Minister shall revoke an authorization certificate at the request of the holder.

  • SOR/2005-365, s. 49
  •  (1) The Minister shall, in accordance with subsection 84(1), revoke an authorization certificate if the certificate

    • (a) was issued on the basis of false or misleading information, or false or falsified documents; or

    • (b) has been the subject of a suspension under paragraph 82(a) and subsection 84(2) and the suspension has not been complied with.

  • (2) The Minister may revoke an authorization certificate if the holder fails to comply with a decision of the Minister to suspend the certificate under section 82, or if the situation giving rise to the suspension is not rectified.

  • SOR/2005-365, s. 49

 The Minister shall, without prior notice, suspend an authorization certificate if

  • (a) new scientific evidence or other new information demonstrates that a precursor set out in Part 2 of Schedule VI to the Act can be readily extracted from the preparation or mixture mentioned in the certificate, having regard to the complexity and cost of extraction, or demonstrates that the preparation or mixture may be or has been used in the production of a controlled substance;

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

  • (c) the Minister has reasonable grounds to suspect that the continuation of the authorization certificate presents a risk of a Class B precursor being diverted to an illicit market or use.

  • SOR/2005-365, s. 49

PART 3General Provisions

Restricted Access to Class A Precursors

 Every licensed dealer shall restrict access to locations at the licensed site where Class A precursors are kept to persons whose presence is required by their work responsibilities.

Notice of Refusal, Revocation or Suspension

  •  (1) If the Minister proposes to refuse to issue, amend or renew, or proposes to revoke, a licence, a registration and the corresponding registration certificate, an authorization certificate, an import or export permit or a permit for transit or transhipment, issued under these Regulations, the Minister shall provide the applicant or the holder with

    • (a) a notice of the intended action and a written report that sets out the reasons for the proposed refusal or revocation; and

    • (b) an opportunity to be heard within a reasonable time in respect of the proposed refusal or revocation.

  • (2) A decision of the Minister to suspend a licence, a registration and the corresponding registration certificate, an authorization certificate, an import or export permit or a permit for transit or transhipment, issued under these Regulations, takes effect as soon as the Minister notifies the holder of the decision and provides a written report of the reasons for the suspension.

  • (3) A person who receives a notice of suspension referred to in subsection (2) may, within 10 days after receiving the notice, provide the Minister with reasons why the suspension is unfounded.

  • SOR/2005-365, s. 50

Books, Registers, Electronic Data and Other Records

  •  (1) A licensed dealer shall keep at the licensed site books, registers, electronic data and other records pertaining to each Class A precursor brought to the site, produced or packaged at the site, used at the site for their own purposes, destroyed at the site or removed from the site, showing

    • (a) in respect of the precursor

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

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

      • (iii) if it is a preparation or mixture, its brand name, if any, and the names of all precursors set out in Part 1 of Schedule VI to the Act that it contains;

    • (b) the type of activity pertaining to the precursor, whether purchase, receipt, production, packaging, use for their own purposes, sale, provision, sending, delivering, transporting, importation, exportation or destruction;

    • (c) the quantity of precursor and, in the case of a preparation or mixture, the quantity of all precursors set out in Part 1 of Schedule VI to the Act that it contains;

    • (d) the date the activity occurred; and

    • (e) in the case of a precursor

      • (i) purchased or otherwise acquired, the name, address and telephone number of the person from whom the precursor was purchased or acquired,

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

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

      • (iv) that is exported, the name and address of the importer in the country of final destination and the name of any country of transit or transhipment.

  • (2) A licensed dealer shall keep in their books and registers all end-use declarations obtained under section 8.

  • (3) A licensed dealer shall keep, at the licensed site, a record showing, for each day on which a person has access to a place at the site where a Class A precursor is kept, the person’s name and the date of access.

  • (4) With respect to each Class B precursor brought to a site following import, produced at the site or removed from the site for export, a registered dealer shall keep at the site books, registers, electronic data and other records showing

    • (a) in respect of the precursor,

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

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

    • (b) the type of activity pertaining to the precursor, whether production for sale or provision, import or export;

    • (c) the date the activity occurred; and

    • (d) in the case of a precursor

      • (i) that is imported, the name and address of the exporter in the country of export and the name of any country of transit or transhipment, or

      • (ii) that is exported, the name and address of the importer in the country of final destination and the name of any country of transit or transhipment.

  • (5) Information referred to in subsections (1) to (4) and a record referred to in section 86 shall be retained for at least two years after the information was recorded or the record was made, except that an end-use declaration shall be kept for at least two years after the calendar year in which it was obtained.

  • (6) A licensed dealer and a registered dealer shall make the records and documents required to be kept under this Part available for inspection by an inspector.

  • (7) A licensed dealer and a registered dealer, if requested by the Minister in writing, shall provide to the Minister a copy of any record or document required to be kept under this Part.

  • SOR/2005-365, s. 51(F)

 If a licence expires without being renewed or is revoked the former licensed dealer shall,

  • (a) retain the records and information that they were required to keep or make under sections 85 and 86 for at least two years after the expiry or revocation; and

  • (b) at the written request of the Minister, provide the Minister with a copy of any record or document required to be kept under paragraph (a).

  • SOR/2005-365, s. 52

Suspicious Transactions

  •  (1) A licensed dealer and a registered dealer shall, on becoming aware of the transaction, make a record of every transaction occurring in the course of their activities in respect of which there are reasonable grounds to suspect that the transaction is related to the diversion of a precursor to an illicit market or use.

  • (2) For the purpose of subsection (1), the factors to be considered in assessing if a transaction or group of transactions give rise to reasonable grounds to suspect that the transaction or group of transactions is related to the diversion of a precursor to an illicit market or use include

    • (a) the composition and chemical properties of the precursor involved, the illicit use that may be made of it and the risk of its diversion to an illicit market or use having regard to those factors;

    • (b) the quantity of the precursor involved and, in the case of a preparation or mixture, the quantity of all precursors set out in Parts 1 or 2 of Schedule VI to the Act that it contains;

    • (c) the intended use of the precursor stated by the other party to the transaction;

    • (d) the proposed means of transportation, route of delivery, place of origin or place of destination;

    • (e) the method of payment involved; and

    • (f) in the case of prior dealings between the dealer and the other party to the transaction, any suspicious departure from the pattern of the prior dealings.

  • (3) A suspicious transaction record shall include

    • (a) the name, address, telephone number and position with the dealer of the individual making the record;

    • (b) the identification of the other party to the transaction;

    • (c) details of the transaction involved, including

      • (i) the date and time of the transaction,

      • (ii) the type of transaction, and

      • (iii) the name and quantity of the precursor and, in the case of a preparation or mixture, the quantity of all precursors set out in Parts 1 or 2 of Schedule VI to the Act that it contains; and

    • (d) a detailed description of the reasons for suspecting that the transaction is related to the diversion of a precursor to an illicit market or use.

  • (4) No licensed dealer or registered dealer shall disclose that they have made a suspicious transaction record under this section or disclose the contents of the record, with the intent to prejudice a criminal investigation, whether or not a criminal investigation has begun.

  • (5) No criminal or civil proceedings lie against a licensed dealer or registered dealer for making a suspicious transaction record under this section in good faith.

  • (6) The Minister is authorized to receive information that is provided voluntarily by a dealer referred to in subsection (1) in respect of a transaction mentioned in that subsection.

 
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