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Fees in Respect of Dealer’s Licences Regulations (SOR/2011-79)

Regulations are current to 2020-12-28 and last amended on 2020-04-01. Previous Versions

Fees in Respect of Dealer’s Licences Regulations

SOR/2011-79

FINANCIAL ADMINISTRATION ACT

Registration 2011-03-25

Fees in Respect of Dealer’s Licences Regulations

P.C. 2011-441 2011-03-25

Whereas the requirements of section 4 of the User Fees ActFootnote a have been complied with in respect of the fees fixed in the annexed Regulations;

Therefore His Excellency the Governor General in Council, on the recommendation of the Treasury Board and the Minister of Health, pursuant to subsection 19(1)Footnote b and section 19.1Footnote b of the Financial Administration ActFootnote c and, considering that it is otherwise in the public interest, subsection 23(2.1)Footnote d of that Act, hereby makes the annexed Fees in Respect of Drugs and Medical Devices Regulations.

 [Repealed, SOR/2019-134, s. 2]

Marginal note:Purpose — fees

  •  (1) The purpose of these Regulations is to prescribe the fees for the examination of an application for, or the renewal of, a dealer’s licence under Part G of the Food and Drug Regulations or under the Narcotic Control Regulations.

  • Marginal note:Purpose — remission

    (2) The purpose of these Regulations is also to remit, in whole or in part, certain of those fees.

  • SOR/2019-134, s. 4

 [Repealed, SOR/2019-134, s. 5]

Marginal note:Adjustment of fees

 Every fee set out in these Regulations is to be increased annually by 2%, rounded up to the nearest dollar, beginning on April 1, 2012.

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

 [Repealed, SOR/2019-134, s. 7]

Marginal note:Definitions

  •  (1) The following definitions apply in sections 30, 31 and 33.

    controlled drug

    controlled drug[Repealed, SOR/2013-122, s. 21]

    dealer’s licence

    dealer’s licence means

    health care facility

    health care facility means a facility that provides diagnostic or therapeutic services to patients. It includes a group of such facilities that report to one common management that has responsibility for the activities carried out in those facilities. (établissement de santé)

    narcotic

    narcotic[Repealed, SOR/2013-122, s. 21]

  • Marginal note:Words and expressions

    (2) Unless the context otherwise requires, all other words and expressions used in sections 30, 31 and 33 have the meaning assigned to them by the Controlled Drugs and Substances Act, Part G of the Food and Drug Regulations or the Narcotic Control Regulations.

  • SOR/2013-122, s. 21
  • SOR/2019-134, s. 9
  • SOR/2019-172, s. 3

Marginal note:Non-application — applicants

  •  (1) These Regulations do not apply to

    • (a) any publicly funded health care facility;

    • (b) any branch or agency of the Government of Canada or of the government of a province; or

    • (c) any person or organization engaged only in scientific investigation.

  • Marginal note:Non-application — drug for veterinary use only

    (2) These Regulations do not apply to a drug that is for veterinary use only.

  • SOR/2019-134, s. 11

Marginal note:Fee — Dealer’s licence

  •  (1) The fee payable by an applicant for the examination of an application for either a dealer’s licence or the renewal of a dealer’s licence is $4,510 for each of the premises at which activities are to be conducted under the licence.

  • Marginal note:Remission

    (2) Subject to subsection 33(2), if the fee is greater than an amount equal to 1% of the applicant’s actual gross revenue from activities conducted under a dealer’s licence during the previous calendar year, remission is granted of the difference between those amounts if the applicant provides with their application a statement signed by the individual responsible for the applicant’s financial affairs that sets out the actual gross revenue.

  • Marginal note:Timing of payment

    (3) Subject to subsection (4), the fee is payable at the time of submitting the application for a dealer’s licence or for the renewal of a dealer’s licence under section 10 or 11 of the Narcotic Control Regulations or section G.02.006 or G.02.010 of the Food and Drug Regulations.

  • Marginal note:First year of activities

    (4) If the applicant has not completed their first calendar year of conducting activities under the licence, the payment of the fee is deferred until the end of that year.

  • SOR/2019-134, s. 13
  • SOR/2019-172, s. 4

 [Repealed, SOR/2019-134, s. 14]

Marginal note:Audited sales records

  •  (1) If the Minister determines, on the basis of any information available to the Minister, that the statement provided under subsection 31(2) is not adequate to determine the applicant’s actual gross revenue referred to in that subsection, the Minister may require, for the purpose of determining the fee payable or the amount of the remission, the applicant to provide sales records that have been audited by a qualified independent auditor.

  • Marginal note:Omission

    (2) If, within 60 days after the day of the Minister’s request for the audited sales records, the applicant has not provided the Minister with them, the difference between the fee payable under subsection 31(1) and the amount already paid is immediately payable.

  • Marginal note:Difference payable

    (3) If the audited sales records establish that the amount already paid is less than the amount payable under section 31, the difference between those amounts is immediately payable.

  • Marginal note:Difference remitted

    (4) If the audited sales records establish that the amount already paid is greater than the amount payable under section 31, remission is granted of an amount equal to the difference between those amounts, which the Minister must repay to the applicant.

 
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