Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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)

In Transit and Transhipment (continued)

Revocation or Suspension of Permit (continued)

  •  (1) Subject to subsection (2), the Minister shall revoke a permit for transit or transhipment in accordance with subsection 84(1) if

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

    • (b) the holder of the permit has failed to comply with a provision of the Act or any regulation under the Act or a term or condition of a permit for transit or transhipment issued under these Regulations;

    • (c) 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

    • (d) the continuation of the permit 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 permit under paragraph (1)(a) or (b) if the holder of the permit

    • (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 permit if the holder fails to comply with the decision of the Minister to suspend the permit under section 46 or if the situation giving rise to the suspension is not rectified.

  • SOR/2005-365, s. 26

 The Minister shall suspend a permit for transit or transhipment without prior notice if

  • (a) there has been an expiration, suspension or revocation of

    • (i) the export permit issued by the competent authority in the country of origin, or

    • (ii) the import permit issued by the country of final destination;

  • (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 permit presents a risk of a Class A precursor being diverted to an illicit market or use.

  • SOR/2005-365, s. 27

Destruction

  •  (1) No licensed dealer may destroy a Class A precursor except in accordance with subsections (2) to (4).

  • (2) A licensed dealer may destroy, at the site set out in their licence, a Class A precursor named in it if

    • (a) prior to the destruction, the licensed dealer makes a record showing;

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

      • (ii) the quantity of the precursor to be destroyed 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;

    • (b) the destruction is conducted in accordance with a method that complies with all federal, provincial and municipal environmental protection legislation applicable to the place of destruction;

    • (c) the licensed dealer makes a record of the date and method of destruction;

    • (d) the destruction occurs in the presence of at least two qualified witnesses who work for the licensed dealer, one of whom is the responsible person in charge or the alternate responsible person in charge, if any, for the licensed site; and

    • (e) once the destruction is completed, the person carrying out the destruction and each person mentioned in paragraph (d) sign and date a joint declaration certifying that the precursor was completely destroyed, to which each signatory shall add their name in printed letters.

  • (3) A person is qualified to witness the destruction of a Class A precursor if

    • (a) the person is the responsible person in charge for the site or, if applicable, the alternate responsible person in charge for the site set out in the licence; or

    • (b) the person works for or provides services to the licensed dealer and acts in a senior position.

  • (4) If a Class A precursor is to be destroyed elsewhere than at the licensed site, the licensed dealer must ensure that

    • (a) appropriate measures are taken to ensure security of the precursor during transit in order to prevent the diversion of a Class A precursor to an illicit market or use;

    • (b) the destruction is carried out by a business that specializes in the destruction of dangerous goods;

    • (c) the destruction is conducted in accordance with a method that complies with all federal, provincial and municipal environmental protection legislation applicable to the place of destruction; and

    • (d) once the destruction is completed, the individual within the business carrying out the destruction provides the licensed dealer with a declaration attesting to the complete destruction of the precursor, showing

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

      • (ii) the quantity of the precursor destroyed 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;

      • (iii) the date of destruction,

      • (iv) the method of destruction, and

      • (v) their name and signature as well as the name and signature of another person within the business who witnessed the destruction.

  • SOR/2005-365, s. 28

Preparations and Mixtures

[SOR/2005-365, s. 29]

Application for Authorization Certificate

[SOR/2005-365, s. 29]
  •  (1) With respect to a Class A precursor that is a preparation or mixture, a person who produces or imports, or desires to do so, may apply for an authorization certificate with respect to 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 licensed dealer, the number of their licence;

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

    • (b.2) the address, telephone number and facsimile transmission number, if any, of the person who produced 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 1 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 person who produced the preparation or mixture, that the preparation or mixture is made in such a way that no precursors set out in Part 1 of Schedule VI to the Act 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 person who produced 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 licensed 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. 30
 
Date modified: