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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 1Class A Precursors

Exemption

 With respect to a drug in dosage form, a person who sells or provides or possesses for the purpose of sale or provision, or who conducts an activity mentioned in section 9 or 47, is exempt from the requirements of these Regulations in respect of that activity if the drug contains

  • (a) a Class A precursor that is a prescription drug as defined in section A.01.010 of the Food and Drug Regulations; or

  • (b) a Class A precursor and one or more controlled substances listed in Schedule I, III or IV to the Act.

  • SOR/2005-365, s. 2
  • SOR/2013-122, s. 19

 With respect to a Class A precursor that is a preparation or mixture, a person who conducts an activity mentioned in section 6, 9, 10 or 47 is exempt from the requirements of these Regulations, except requirements in respect of the production of the preparation or mixture or the possession of a precursor for the purpose of producing the preparation or mixture, if

  • (a) the preparation or mixture is a fragrance or flavouring

    • (i) containing anthranilic acid, N-anthranilic acid, gamma butyrolactone, phenylacetic acid, piperonal or piperidine in a total concentration equal to or less than 20% by weight or volume in the case of a solid or liquid, respectively, and

    • (ii) intended to be used in a food, drug, cosmetic or household product;

  • (b) it is a silicone product that is a sealant, adhesive or coating containing acetic anhydride in a concentration equal to or less than 1% by weight or volume in the case of a solid or liquid, respectively; or

  • (c) it contains gamma butyrolactone or 1,4-butanediol in a total concentration equal to or less than 20% by weight or volume in the case of a solid or liquid respectively, and is intended to be used in the following products or processes:

    • (i) a control product as defined in the Pest Control Products Act, R.S., c. P-9, before the coming into force of subsection 2(1) of the Pest Control Products Act, S.C. 2002, c. 28,

    • (ii) a pest control product as defined in the Pest Control Products Act, S.C. 2002, c. 28, after the coming into force of subsection 2(1) of that Act,

    • (iii) cleaning or etching preparations for electronic devices, components and parts,

    • (iv) biofermentation for polyester production,

    • (v) melamine coatings,

    • (vi) automotive coatings, or

    • (vii) resin systems for manufacturing polyurethane.

  • SOR/2005-365, s. 3
  •  (1) A person who uses a Class A precursor that is described in section 3 or is the subject of an authorization certificate under section 49, to produce another Class A precursor that is a preparation or mixture, is exempt from the requirements of these Regulations in respect of that production.

  • (2) With respect to a preparation or mixture produced under subsection (1), a person who conducts any activity mentioned in section 6, 9, 10 or 47 is exempt from the requirements of these Regulations in respect of the activity.

  • SOR/2005-365, s. 4

 With respect to any Class A precursor, a person who only sells, provides or possesses for the purpose of sale or provision is exempt from the requirements of these Regulations in respect of the activity if the person

  • (a) sells or provides a selection of goods that is not limited to chemicals or chemicals and equipment used in the chemical industry for the production, processing or storage of chemicals; and

  • (b) sells or provides Class A precursors

    • (i) only on a retail basis,

    • (ii) in the case of a precursor set out in column 1 of the schedule, only in a quantity, per transaction, that does not exceed the maximum quantity, expressed as an absolute amount or per package, specified for the precursor in column 2 of the schedule, and

    • (iii) in the case of a preparation or mixture containing a precursor set out in column 1 of the schedule, only in a quantity, per transaction, that does not exceed the maximum quantity, expressed as an absolute quantity or per package, specified for the contained precursor in column 2 of the schedule.

  • SOR/2003-153, s. 1
  • SOR/2005-365, s. 4

Limitation on Activities

  •  (1) No person other than a licensed dealer may

    • (a) produce a Class A precursor;

    • (b) package a Class A precursor; or

    • (c) sell or provide a Class A precursor.

  • (2) No person may possess a Class A precursor for the purpose of an activity mentioned in subsection (1), except to the extent necessary to conduct the activity in relation to the precursor, as authorized by the person’s licence.

  • (3) A licensed dealer may import or export a Class A precursor or possess a Class A precursor for the purpose of export if the dealer complies with the conditions set out in section 7.

 No person may possess a Class A precursor for the purpose of producing a controlled substance unless the person is the holder of

  • SOR/2005-365, s. 5

Conditions Applicable to Licensed Dealers

 A licensed dealer may carry out an activity referred to in section 6 if

  • (a) the licensed dealer is licensed to carry out the activity with respect to the Class A precursor;

  • (b) the licensed dealer carries out the activity in accordance with all conditions set out in the licence;

  • (c) in the case of import, the licensed dealer is the holder of a Class A import permit for the precursor and acts in accordance with all conditions set out in the permit; and

  • (d) in the case of export, the licensed dealer is the holder of a Class A export permit for the precursor and acts in accordance with all conditions set out in the permit.

End-use Declaration

  •  (1) A licensed dealer who intends to sell or provide, to a person who is not a licensed dealer, a Class A precursor set out in column 1 of the schedule in a quantity, per transaction, greater than the maximum quantity, expressed as an absolute quantity or per package, specified for the precursor in column 2 of the schedule shall, before entering into the transaction, obtain an end-use declaration signed and dated by the person acquiring the precursor.

  • (1.1) The end-use declaration shall include

    • (a) the name of the licensed dealer, being, in the case of a corporation, its corporate name, as well as their address and telephone number and facsimile transmission number, if any;

    • (b) the name of the person acquiring the precursor, being, in the case of a corporation, its corporate name, as well as their address and telephone number and facsimile transmission number, if any;

    • (c) the name of all Class A precursors involved in the transactions mentioned in the end-use declaration;

    • (d) all uses for which the precursor is being acquired; and

    • (e) a certification by the signatory stating that the person is acquiring the precursor as the end user, for the uses mentioned in the end-use declaration.

  • (2) If a licensed dealer intends to sell or provide, to a person who is not a licensed dealer, a Class A precursor that is a preparation or mixture containing a precursor set out in Part 1 of Schedule VI to the Act, an end-use declaration under subsection (1) is required if the quantity of the contained precursor, per transaction, is greater than the maximum quantity, expressed as an absolute quantity or per package, specified for the contained precursor in column 2 of the schedule.

  • (3) An end-use declaration obtained under subsection (1) or (2) applies to any subsequent transaction between the licensed dealer and the signatory to the declaration that occurs in the same calendar year as the transaction mentioned in the declaration if the subsequent transaction involves the same Class A precursor and the same end-uses.

  • (4) For greater certainty, another end-use declaration must be obtained in respect of a subsequent transaction between the licensed dealer and the signatory to the declaration that occurs in the same calendar year as the transaction mentioned in the declaration if the transaction involves a different Class A precursor or a different end-use.

  • (5) A licensed dealer required to obtain an end-use declaration must take reasonable steps to verify the identity of the signatory to the declaration if that person or their signature is unfamiliar to the licensed dealer.

  • SOR/2005-365, s. 6
 
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