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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 (continued)

Exportation (continued)

Surrender of Export Permit

 The holder of a Class A export permit shall ensure that

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

  • (b) an official copy of the permit is surrendered to a customs officer at the port of exit at the time of export.

Declaration

  •  (1) Within 15 days after a shipment containing a Class A precursor is exported, the holder of a Class A 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 1 of Schedule VI to the Act that it contains.

  • (2) The declaration must

    • (a) be signed by the responsible person in charge or the alternate responsible person in charge for the licensed site from which the shipment will be transported to the port of exit; 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. 22

Revocation or Suspension of Permit

 The Minister shall revoke a Class A 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 A export permit in accordance with subsection 84(1) if

    • (a) a circumstance described in any of paragraphs 23(1)(a) to (f) exists with respect to the licence pertaining to the Class A precursor to be exported; 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 A export permit under subsection (1) if the holder of the permit meets the conditions referred to in subsection 23(2).

  • (3) The Minister may revoke a Class A export permit if the holder fails to comply with the decision of the Minister to suspend the permit under section 38 or if the situation giving rise to the suspension is not rectified.

  • SOR/2005-365, s. 23

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

  • (a) the licence pertaining to the Class A precursor sought to be exported 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 A 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. 24

In Transit and Transhipment

Application for a Permit for Transit or Transhipment

  •  (1) If a Class A precursor is to be shipped from one country to another country by a route that requires it to be in transit through Canada or to be transhipped in Canada, the exporter in the country of export or an agent or mandatary in Canada of that exporter must apply to the Minister for a permit for transit or transhipment by providing the following information:

    • (a) the name of the exporter and their address and telephone number in the country of export;

    • (b) the name of the importer and their address and telephone number in the country of final destination;

    • (c) the name, address and telephone number of the person who will be responsible for the precursor while it is in Canada;

    • (d) with respect to the Class A precursor for which the permit is requested,

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

    • (e) the expected date of transit or transhipment in Canada;

    • (f) the proposed ports of entry into and exit from Canada;

    • (g) each proposed means of transportation that is to be used in Canada for the precursor; and

    • (h) in the case of a transhipment, the address, if applicable, of every place in Canada at which the precursor will be stored during the transhipment and the expected duration of each storage.

  • (2) The application must be accompanied by

    • (a) a copy of the export authorization issued by the competent authority in the country of export, if applicable; and

    • (b) a copy of the import authorization issued by the competent authority in the country of final destination, if applicable.

  • (3) The application must

    • (a) be signed by a person who is authorized for that purpose by the exporter, who may be an agent or mandatary in Canada of the exporter; and

    • (b) state that all the information submitted in support of the application is correct and complete to the best of the knowledge of the signatory.

  • SOR/2005-365, s. 25
  • SOR/2018-69, s. 80(E)

Issuance of a Permit for Transit or Transhipment

 Subject to section 41, if the requirements of section 39 are met, the Minister shall issue to the applicant a permit for transit or transhipment that contains the following information:

  • (a) the permit number;

  • (b) the information referred to in paragraphs 39(1)(a) to (h);

  • (c) the countries of export and final destination and the numbers and expiry dates of the export and import authorizations issued by a competent authority in each of those countries, if applicable; and

  • (d) the effective date and the expiry date of the permit.

Grounds for Refusal

 The Minister shall refuse to issue a permit for transit or transhipment if the Minister has reasonable grounds to believe that

  • (a) the issuance of the permit

    • (i) would not be in conformity with an international obligation of Canada,

    • (ii) would not be in compliance with the Act, any regulation under the Act, or a law of the country of export, of the country of final destination or of a country of transit or transhipment, or

    • (iii) 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; or

  • (b) the import authorization issued by a competent authority in the country of final destination has expired or has been suspended or revoked.

Surrender of Permit

 The holder of a permit for transit or transhipment shall surrender an official copy of the permit to a customs officer at the port of entry set out in the permit.

Notice of Transit or Transhipment

 Within 15 days after a shipment departs from Canada, the holder of a permit for transit or transhipment that applies the shipment must notify the Minister in writing of the departure date.

Revocation or Suspension of Permit

 The Minister shall revoke a permit for transit or transhipment at the request of the holder or if the holder informs the Minister that the permit has been lost or stolen.

 
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