Precursor Control Regulations (SOR/2002-359)

• 87.1 (1) If a licence expires without being renewed or is revoked and the expiry or revocation occurs within the first three months of a calendar year, the former licensed dealer shall

  • (a) in respect of the portion of the three calendar months during which the licence was valid, make the report to the Minister referred to in section 87 within three months after the expiry or revocation; and

  • (b) in respect of the preceding calendar year, make the report to the Minister referred to in section 87 within three months after the end of that calendar year.

• (2) If a licence expires without being renewed or is revoked and the expiry or revocation occurs after the first three months of the calendar year, the licensed dealer shall, in respect of the portion of the calendar year during which the licence was valid, make the report, referred to in section 87, to the Minister within three months after the expiry or revocation.

• (3) For the purpose of paragraph (1)(a) and subsection (2), the information to be furnished is that pertaining to operations for the portion of the calendar year during which the licence was valid and pertaining to the quantity in physical inventory on the date of expiry or revocation.

Notice of Precursor Removal

87.2 If a licensed dealer or registered dealer intends to close a site at which one or more precursors are kept, or to remove all precursors from the site, the dealer shall, at least 30 days before the closure or removal, notify the Minister in writing of

• (a) the date of the intended closure or removal;

• (b) the site to which the precursors will be moved; and

• (c) the quantity of each precursor to be moved.

Unauthorized Changes

88 No one may add to, delete or obliterate from, or alter in any other way, a licence, a registration or authorization certificate, an import or export permit or a permit for transit or transhipment, issued under these Regulations.

Return of Documents

• 89 (1) If a licence or a registration or authorization certificate is renewed, the holder shall, as soon as possible after the effective date of the replacing document, return the replaced document to the Minister.

• (2) If a licence, a registration or authorization certificate, an import or export permit or a permit for transit or transhipment issued under these Regulations expires without being renewed or is revoked, the former holder shall, within 30 days after the expiry or revocation, return the document to the Minister.

Security and Reporting of Loss or Theft

• 90 (1) The holder of a licence, a registration or authorization certificate or an import or export permit issued under these Regulations shall take all reasonable measures to ensure the security of any precursor in their possession, as well as of the licence, certificate or permit.

• (2) If a licensed dealer or registered dealer experiences a theft of a precursor or an unusual waste or disappearance of a precursor that cannot be explained on the basis of normally accepted business activities, the licensed dealer or registered dealer

  • (a) shall provide notice of the occurrence to a member of a police force within 24 hours after becoming aware of the occurrence; and

  • (b) shall provide notice of the occurrence to the Minister, in writing, within 72 hours after becoming aware of the occurrence and confirm that the notice required under paragraph (a) has been provided.

• (3) If a licence, a registration or authorization certificate, an import or export permit or a permit for transit or transhipment issued under these Regulations is lost or stolen, the holder of the document shall provide notice of the occurrence to the Minister, in writing, within 24 hours after becoming aware of the occurrence.

Disclosure of Information by the Minister

• 91 (1) The Minister may, for the purpose of verifying whether an import or export of a Class A precursor or an export of a Class B precursor complies with an import or export permit issued under these Regulations, communicate the following information to a customs officer in Canada:

  • (a) the name and address of the holder of the permit and the number of the permit;

  • (b) the type of permit;

  • (c) the business registration number assigned to the holder of the permit by the Minister of National Revenue;

  • (d) in respect of the precursor that may be imported or exported under the permit

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

    • (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 name of all precursors set out in Parts 1 or 2 of Schedule VI to the Act that it contains,

    • (iv) the quantity sought to be imported or exported and, if the precursor is 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

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

  • (e) the duration of validity of the permit;

  • (f) the name and address of the importer in the country of final destination or of the exporter in the country of origin;

  • (g) the port of entry into or exit from Canada mentioned in the permit;

  • (h) the proposed date of import or export;

  • (i) the proposed means of transportation;

  • (j) the name of the proposed carrier that is to bring the precursor to the port of entry or the port of exit in Canada, whichever applies;

  • (k) the name and address of the proposed customs broker involved, if any;

  • (l) any conditions that apply to the permit; and

  • (m) whether the permit has been revoked or suspended.

• (2) The Minister may, for the purpose of the administration of these Regulations, communicate to a customs officer in Canada the name of an applicant who has been refused a permit to export a precursor, the precursor involved and the date of the refusal.

• (3) The Minister may, for the purpose of verifying whether the transportation of a Class A precursor in transit through Canada or the transhipment of a Class A precursor in Canada complies with a permit for transit or transhipment issued under these Regulations, communicate the following information to a customs officer in Canada:

  • (a) the number of the permit;

  • (b) the type of permit;

  • (c) the name and address of the exporter in the country of export;

  • (d) in respect of the Class A precursor that may be transported in transit or transhipped under the permit

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

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

    • (iii) if the precursor 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 transported in transit or transhipped and, if the precursor 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 duration of validity of the permit;

  • (f) 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;

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

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

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

  • (j) the name and address of the person who is responsible for the precursor while it is in Canada;

  • (k) in the case of a transhipment, for every place in Canada where the precursor will be stored during the transhipment, the address and the expected duration of storage; and

  • (l) whether the permit has been revoked or suspended.

• (4) The Minister may, for the purpose of verifying whether a precursor that is a preparation or mixture is the subject of an authorization certificate under these Regulations and may be imported, exported, transported in transit through Canada or transhipped in Canada without the appropriate permit under these Regulations, communicate the following information to a customs officer in Canada:

  • (a) the number of the certificate;

  • (b) the name of the preparation or mixture, if any, otherwise a description of its chemical composition, and its brand name, if any;

  • (c) the name of the person who applied for the authorization certificate, or, if the applicant is a corporation, its corporate name;

  • (d) the effective date of the certificate;

  • (e) any conditions that apply to the certificate; and

  • (f) whether the certificate has been revoked or suspended.

• (5) The Minister may, for the purpose of enabling Canada to fulfil its international obligations under section 12 of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, communicate the following information to the INCB or a competent authority for the administration of these Regulations:

  • (a) information pertaining to an activity authorized by a licence, registration or authorization certificate or permit issued to a person under these Regulations, including the person’s name, the nature of the authorized activity and any applicable conditions; and

  • (b) information in respect of precursor activities pertaining to a precursor obtained under the Act or these Regulations, including

    • (i) information contained in the records mentioned in subsections 85(1) to (4),

    • (ii) information provided in an annual report made under section 87, and

    • (iii) information obtained by an inspector under section 31 of the Act.

• (6) The Minister is authorized to receive, for the purpose of the administration of these Regulations, information provided by the INCB, a competent authority, the United Nations or a peace officer.

PART 4Pharmacists, Practitioners and Hospitals

Non-application

• 91.1 (1) The prohibitions set out in paragraph 6(1)(c) and subsection 6(2) on the sale or provision of a Class A precursor and on the possession of a Class A precursor for the purpose of sale or provision do not apply to

  • (a) a practitioner or hospital that sells or provides, only on a retail basis, preparations or mixtures containing Class A precursors;

  • (b) a pharmacist who sells or provides, only on a retail basis, preparations or mixtures containing Class A precursors, other than combination products containing ephedrine or pseudoephedrine or non-combination products containing ephedrine or pseudoephedrine;

  • (c) a pharmacist who sells or provides, only on a retail basis, non-combination products containing ephedrine or pseudoephedrine, if those products are not accessible to the public for self-selection; or

  • (d) in the case of combination products containing ephedrine or pseudoephedrine that are sold or provided, only on a retail basis,

    • (i) a pharmacist who sells or provides the products, if those products are accessible to the public for self-selection and a pharmacist is available at the request of a purchaser or consumer to discuss the products prior to purchase,

    • (ii) a pharmacist who sells or provides the products, if those products are not accessible to the public for self-selection, or

    • (iii) an individual working in a retail location where a pharmacist provides services, if

      • (A) those products are accessible to the public for self-selection and a pharmacist is available at the request of a purchaser or consumer to discuss the products prior to purchase, and

      • (B) the quantity, per transaction, of each precursor contained in the product and set out in column 1 of the schedule does not exceed the maximum quantity, expressed as an absolute amount or per package, specified for the precursor in column 2.

• (2) The prohibitions set out in subsection 9(1) on transporting a Class A precursor and possessing a Class A precursor for the purpose of transport do not apply to a practitioner or hospital referred to in paragraph (1)(a) or a pharmacist referred to in any of paragraphs (1)(b) to (d).

Pharmacists

Activities Authorized Under a Prescription

91.2 A pharmacist may, pursuant to a prescription, compound a preparation or mixture using a precursor.

• 91.3 (1) A pharmacist may sell or provide a preparation or mixture that contains a Class A precursor set out in column 1 of the schedule, in a quantity, per transaction, exceeding the maximum quantity, expressed as an absolute amount or per package, specified for the contained precursor in column 2, if the pharmacist sells or provides preparations or mixtures containing Class A precursors exclusively on a retail basis and the transaction is made under a prescription.

• (2) The prescription must be

  • (a) written, dated and signed by the practitioner who issued it;

  • (b) provided verbally by a practitioner; or

  • (c) transferred to the pharmacist in accordance with the requirements of section 91.7.

Information to Be Recorded

• 91.4 (1) A pharmacist who receives a verbal prescription for a preparation or mixture containing a Class A precursor must, before filling it, record the following information:

  • (a) the name and address of the individual or owner of the animal for whose benefit the prescription is provided;

  • (b) the date on which the prescription was provided;

  • (c) the name and quantity of the preparation or mixture specified in the prescription;

  • (d) the name of the recording pharmacist and the name of the practitioner who issued the prescription;

  • (e) the directions for use specified by the practitioner; and

  • (f) if the prescription is to be refilled, the number of times it may be refilled and, if applicable, the interval between refills.

• (2) The pharmacist must retain, in accordance with section 91.95, a hard copy of the prescription or a written record of it.

• 91.5 (1) Subject to section 91.6, a pharmacist who fills a written or verbal prescription for a preparation or mixture containing a Class A precursor must record the following information:

  • (a) the date the prescription was filled;

  • (b) the quantity of the preparation or mixture provided when the prescription was filled;

  • (c) the pharmacist’s name or initials; and

  • (d) the number assigned to the prescription.

• (2) A pharmacist who fills a written prescription shall retain the prescription in accordance with section 91.95.