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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)

Preparations and Mixtures (continued)

[SOR/2005-365, s. 29]

Issuance of Authorization Certificate

[SOR/2005-365, s. 31]
  •  (1) Subject to section 50, if an application complies with the requirements of section 48, the Minister shall issue to the applicant an authorization certificate that indicates

    • (a) the certificate number;

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

    • (c) the name of the applicant or, if the applicant is a corporation, their corporate name;

    • (c.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;

    • (d) the effective date; and

    • (e) any conditions that are necessary to

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

      • (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) The holder of an authorization certificate shall, on request, provide a copy of the certificate to any person conducting an activity in relation to the preparation or mixture to which the certificate applies.

  • SOR/2005-365, s. 32

Grounds for Refusal

 The Minister shall refuse to issue an authorization certificate if, according to the information provided and scientific data or other information or evidence available, a precursor set out in Part 1 of Schedule VI to the Act can be readily extracted from the preparation or mixture that is the subject of the application, having regard to the complexity and cost of extraction, or the preparation or mixture can be used in the production of a controlled substance.

  • SOR/2005-365, s. 33

Document Accompanying Shipment

 A person who imports or exports a Class A precursor that is a preparation or mixture mentioned in an authorization certificate shall ensure that the shipment is accompanied by a document containing:

  • (a) a statement that the preparation or mixture is subject to an authorization certificate under section 49; and

  • (b) the certificate number for the preparation or mixture.

  • SOR/2005-365, s. 34

Revocation or Suspension of Certificate

 The Minister shall revoke an authorization certificate at the request of the holder.

  • SOR/2005-365, s. 34
  •  (1) The Minister shall, in accordance with subsection 84(1), revoke an authorization certificate if the certificate

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

    • (b) has been the subject of a suspension under paragraph 54(a) and subsection 84(2) and the suspension has not been complied with.

  • (2) The Minister may revoke an authorization certificate if the holder fails to comply with a decision of the Minister to suspend the certificate under section 54, or if the situation giving rise to the suspension is not rectified.

  • SOR/2005-365, s. 34

 The Minister shall, without prior notice, suspend an authorization certificate if

  • (a) new scientific evidence or other new information demonstrates that a precursor set out in Part 1 of Schedule VI to the Act can be readily extracted from the preparation or mixture mentioned in the certificate, having regard to the complexity and cost of extraction, or demonstrates that the preparation or mixture may be or has been used in the production of a controlled substance;

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

  • SOR/2005-365, s. 34

PART 2Class B Precursors

Exemption

 With respect to a Class B precursor that is a preparation or mixture, a person who conducts an activity mentioned in section 57 is exempt from the requirements of these Regulations, except requirements applying to production for the purpose of sale or provision, if the preparation or mixture contains a precursor set out in Part 2 of Schedule VI to the Act and the contained precursor, either alone or with any other precursor of the same type, does not constitute more than 30% of the preparation or mixture by weight or volume, in the case of a solid or liquid, respectively.

  • SOR/2005-365, s. 35

 A person who uses a Class B precursor that is described in section 55 or is the subject of an authorization certificate under section 77, to produce another Class B precursor that is a preparation or mixture, is exempt from the requirements of these Regulations in respect of that production.

  • SOR/2005-365, s. 35

Limitation on Activities

  •  (1) No person other than a registered dealer may produce a Class B precursor for the purpose of sale or provision.

  • (2) A registered dealer may import a Class B precursor.

  • (3) Subject to subsection (4), a registered dealer may export a Class B precursor and may possess the precursor for the purpose of the export.

  • (4) In the case of a country named in a table referred to in paragraph (a) or (b) and a Class B precursor identified in the table as one requiring notice of pre-exportation to that country, a registered dealer may only export the Class B precursor to the country if the registered dealer holds a Class B export permit in respect of the precursor and complies with the terms and conditions of the permit:

    • (a) the table entitled “Governments that have requested pre-export notifications pursuant to article 12, paragraph 10(a), of the 1988 Convention”, contained in the most recent INCB annual report concerning the implementation of article 12 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988; or

    • (b) the table entitled Supplementary Table of Countries Requiring Pre-Export Notification With Regard to Class B Precursors, published by the Department of Health, as amended from time to time, listing the countries that, according to notification from the INCB to the Minister since publication of the most recent annual report referred to in paragraph (a), have made a formal request to the United Nations to receive notice of pre-exportation in respect of the shipment to the country of Class B precursors.

Authorization Concerning Preparations and Mixtures

 Despite section 57, with respect to a Class B precursor that is a preparation or mixture, a person may import, export or possess for those purposes if

  • SOR/2005-365, s. 36

Registration

Eligibility

 To be eligible to apply for registration, a person must be

  • (a) an individual who ordinarily resides in Canada; or

  • (b) a corporation that has its head office or a branch office in Canada.

  •  (1) A registered dealer must designate a senior person in charge, who may, if appropriate, be the registered dealer, to have overall responsibility for management of the registered dealer’s Class B precursor activities.

  • (2) A registered dealer must designate a contact person, for each site where the registered dealer conducts Class B precursor activities, to work at the site, who may, if appropriate, be the senior person in charge, and who has good knowledge of the Class B precursor activities carried out at the site and the use and handling of the relevant precursors including the risk of those precursors being diverted to an illicit market or use.

  • (3) The senior person in charge

    • (a) must be familiar with the provisions of the Act and these Regulations that apply to the registered dealer’s Class B precursor activities and have sufficient knowledge concerning the use and handling of the Class B precursors dealt with by the registered dealer to which the registration applies, including the risk of those precursors being diverted to an illicit market or use, to enable them to properly perform their responsibilities; and

    • (b) must not have 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).

 
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