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Precursor Control Regulations (SOR/2002-359)

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

PART 1Class A Precursors (continued)

Licence (continued)

Amendment of Application Information (continued)

  •  (1) A licensed dealer shall advise the Minister within 10 days if the senior person in charge, responsible person in charge or alternate responsible person in charge for the site ceases to act in that capacity.

  • (2) A licensed dealer shall advise the Minister not later than the next business day if the responsible person in charge for the site ceases to act in that capacity and there is no person designated to act in the capacity of alternate responsible person in charge for the site.

Revocation or Suspension of Licence

 The Minister shall revoke a licence at the request of the holder or if the holder informs the Minister that the licence has been lost or stolen.

  •  (1) Subject to subsection (2), the Minister shall revoke a licence in accordance with subsection 84(1) if

    • (a) the holder is no longer an eligible person under section 12;

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

    • (c) the licensed dealer has failed to comply with a provision of the Act or any regulation under the Act or a term or condition of a licence, a registration or an import or export permit issued under any regulation made or continued under the Act;

    • (d) it is discovered that the senior person in charge, the responsible person in charge or the alternate responsible 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); or

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

    • (f) the continuation of the licence would likely create a risk to public health, safety or security, including the risk of a Class A precursor being diverted to an illicit market or use.

  • (2) The Minister is not required to revoke a licence under paragraph (1)(b) or (c) if the licensed 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, specified corrective measures to ensure compliance with the Act and these Regulations.

  • (3) The Minister may revoke a licence if the licensed dealer fails to comply with the decision of the Minister to suspend the licence under section 24 or if the situation giving rise to the suspension is not rectified.

  • SOR/2005-365, s. 15

 The Minister shall suspend a licence 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 licence presents a risk of a Class A precursor being diverted to an illicit market or use.

  • SOR/2005-365, s. 16

Importation

Application for Import Permit

  •  (1) To apply for a Class A import permit, a licensed dealer shall make an application to the Minister that contains the following information and statement:

    • (a) the licensed dealer’s name and address and the number of their licence;

    • (b) the licensed dealer’s business registration number assigned by the Minister of National Revenue;

    • (c) for the Class A precursor sought to be imported

      • (i) its name or a description of its chemical composition, as stated in the licence, and Harmonized System Code,

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

      • (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,

      • (iv) the quantity sought to be imported, and, if it is a preparation or mixture, the quantity of all precursors set out in Part 1 of Schedule VI to the Act that it contains, and

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

    • (d) the name of the exporter from whom the precursor is being obtained and their address in the country of export;

    • (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 into Canada;

    • (g) the proposed port of entry into Canada;

    • (h) the proposed date of entry into Canada;

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

    • (j) a statement that the licensed dealer consents to the disclosure of information contained in the application to the INCB and the competent authority in the country of export for the purpose of verifying information contained in the application.

  • (2) The application must

    • (a) be signed by the responsible person in charge or the alternate responsible person in charge, if any, for the site to which the Class A precursor will be transported after being released under the Customs Act; 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.

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

  • SOR/2005-365, s. 17

Issuance of Import Permit

  •  (1) Subject to section 27, if the requirements of section 25 are met, the Minister shall issue to the licensed dealer a Class A import permit that indicates

    • (a) the permit number;

    • (b) the information referred to in paragraphs 25(1)(a) to (i);

    • (c) the effective date;

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

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

      • (ii) the expiry date set out in the applicant’s licence; and

    • (e) any conditions that are necessary to

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

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

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

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

    • (b) the suspension or revocation under section 22, 23 or 24 of the licence pertaining to the permit, and

    • (c) the suspension or revocation of the permit under section 29, 30 or 31.

Grounds for Refusal

 The Minister shall refuse to issue a Class A import permit if

  • (a) a circumstance described in any of paragraphs 17(1)(b) to (g) and (j), with any modifications that the circumstances require, exists with respect to the permit application;

  • (b) the applicant does not hold a licence that applies to the Class A precursor sought to be imported or the applicant’s licence will expire before the proposed date of entry to Canada;

  • (c) the applicant has been informed that one of the following applications made by the applicant with regard to the licence pertaining to the Class A precursor sought to be imported is to be refused under section 17, namely,

    • (i) an application under section 14 to issue or renew the licence, or

    • (ii) an application under section 19 to amend the licence; or

  • (d) the Minister has reasonable grounds to believe that the import shipment to which the permit would apply would contravene the laws of the country of export or any country of transit or transhipment.

 
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