Controlled Substances Regulations (SOR/2025-242)

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Regulations are current to 2026-10-19 and last amended on 2026-10-01. Previous Versions

Government Laboratories (continued)

Import and Export (continued)

Import Permit (continued)

Marginal note:Validity

207 An import permit is valid until the earliest of

(a) the expiry date set out in the permit,
(b) the date of the suspension or revocation of the permit under section 211 or 212, and
(c) the date of the expiry, suspension or revocation of the export authorization that applies to the controlled substance to be imported and that is issued by the competent authority in the country of export.

Marginal note:Refusal

208 (1) The Minister must refuse to issue an import permit if
- (a) the Minister has reasonable grounds to believe that the importation would contravene an international obligation;
- (b) the government laboratory has not provided the Minister with the information or documents required under subsection 205(3) or before the date specified in the written request referred to in that subsection, or the information or documents that it has provided before that date are not sufficient to complete the review of the permit application;
- (c) the Minister has reasonable grounds to believe that the government laboratory has submitted false or misleading information or false or falsified documents in or in support of the permit application;
- (d) the Minister has reasonable grounds to believe that the importation would contravene the laws of the country of export or any country of transit or transhipment; or
- (e) the Minister has reasonable grounds to believe that the issuance of the permit would likely create a risk to public health or safety, including the risk that a controlled substance could be diverted to an illicit market or use.
Marginal note:Prior notice
(2) Before refusing to issue an import permit, the Minister must
- (a) provide the government laboratory with a prior written notice that sets out the Minister’s reasons and gives the government laboratory an opportunity to be heard; and
- (b) consider the government laboratory’s submissions, if applicable.

Marginal note:Providing copy of permit

209 The holder of an import permit must provide a copy of the permit to the customs office at the time of importation.

Marginal note:Declaration

210 The holder of an import permit must provide the Minister, within 15 days after the day of release of the controlled substance specified in the permit in accordance with the Customs Act, with a declaration that contains the following information:

(a) the permit holder’s name;
(b) the number of the import permit;
(c) the name of the customs office from which the controlled substance was released and the date of the release;
(d) in the case of a controlled substance set out in any of Schedules 1 to 4,
- (i) its name,
- (ii) if it is a salt, the name of the salt,
- (iii) its form, and
- (iv) its quantity; and
(e) in the case of a mixture or finished product,
- (i) its name or, if applicable, brand name, as well as the name of the controlled substance it contains,
- (ii) its form, its strength, the number of containers and, if applicable, the number of units per container, and
- (iii) its drug identification number, if any.

Marginal note:Suspension

211 (1) Subject to subsection (2), the Minister must immediately suspend an import permit if
- (a) the Minister has reasonable grounds to believe that the suspension is necessary to protect public health or safety, including to prevent a controlled substance from being diverted to an illicit market or use; or
- (b) the Minister has reasonable grounds to believe that the importation would contravene the laws of the country of export or any country of transit or transhipment.
Marginal note:Notice
(2) The suspension takes effect as soon as the Minister provides the government laboratory with a written notice that
- (a) sets out the reasons for the suspension;
- (b) gives the government laboratory an opportunity to be heard; and
- (c) if applicable, specifies the corrective measures that must be carried out and the date by which they must be carried out.
Marginal note:Reinstatement of permit
(3) The Minister must reinstate the import permit if the Minister has reasonable grounds to believe that the suspension is no longer necessary.

Marginal note:Revocation

212 (1) The Minister must revoke an import permit if
- (a) the government laboratory requests the Minister to do so or informs the Minister of the loss or theft of the permit or the actual or potential unauthorized use of the permit;
- (b) the government laboratory does not carry out the corrective measures specified by the Minister under paragraph 211(2)(c) by the specified date; or
- (c) the Minister has reasonable grounds to believe that the government laboratory submitted misleading information or falsified documents in or in support of the application for the permit.
Marginal note:Prior notice
(2) Before revoking an import permit, the Minister must
- (a) provide the government laboratory with a prior written notice that sets out the Minister’s reasons and gives the government laboratory an opportunity to be heard; and
- (b) consider the government laboratory’s submissions, if applicable.

Export Permit

Marginal note:Application

213 (1) A government laboratory must submit to the Minister, before each exportation of a controlled substance, an application for an export permit that contains the following information and document:
- (a) the government laboratory’s name and municipal address;
- (b) the name and municipal address of the proposed customs broker for the government laboratory, if any;
- (c) the name of the customs office where the exportation is anticipated and the proposed date of exportation;
- (d) the name and municipal address of the importer in the country of final destination;
- (e) the name of the carrier that is proposed to transport the controlled substance from the customs office where the exportation is anticipated;
- (f) each proposed mode of transportation and any proposed country of transit or transhipment;
- (g) in the case of a controlled substance set out in any of Schedules 1 to 4,
  - (i) its name,
  - (ii) its CAS registry number, if any,
  - (iii) if it is a salt, the name of the salt,
  - (iv) its form,
  - (v) its purity and anhydrous content, and
  - (vi) its quantity;
- (h) in the case of a mixture or finished product,
  - (i) its name or, if applicable, brand name, as well as the name of the controlled substance it contains,
  - (ii) its form, its strength, the number of containers and, if applicable, the number of units per container, and
  - (iii) its drug identification number, if any; and
- (i) a copy of the import authorization issued by the competent authority in the country of final destination that sets out the name of the importer and the municipal address of their site in that country.
Marginal note:Signature and attestation
(2) The application must
- (a) be signed and dated by the person in charge of the government laboratory; and
- (b) include an attestation by that person that, to the best of their knowledge,
  - (i) the exportation does not contravene the laws of the country of final destination or any country of transit or transhipment, and
  - (ii) all of the information and documents submitted in support of the application are correct and complete.
Marginal note:Additional information and documents
(3) The government laboratory must, not later than the date specified in the Minister’s written request to that effect, provide the Minister with any information or document that the Minister determines is necessary to complete the review of the application.

Marginal note:Issuance

214 (1) Subject to section 216, on completion of the review of the export permit application, the Minister must issue to the government laboratory an export permit that contains
- (a) the permit number;
- (b) the information set out in paragraphs 213(1)(a) to (h) and the number of the import authorization referred to in paragraph 213(1)(i);
- (c) the effective date of the permit;
- (d) the expiry date of the permit, being the earliest of
  - (i) a date specified by the Minister that is not more than 180 days after its effective date, and
  - (ii) the expiry date of the import authorization issued by the competent authority in the country of final destination; and
- (e) any terms and conditions that the Minister has reasonable grounds to believe are necessary to
  - (i) ensure that an international obligation is respected, or
  - (ii) reduce a risk to public health or safety, including the risk that a controlled substance could be diverted to an illicit market or use.
Marginal note:Permit integrity
(2) A person must not alter or deface in any manner an export permit.

Marginal note:Validity

215 An export permit is valid until the earliest of

(a) the expiry date set out in the permit,
(b) the date of the suspension or revocation of the permit under section 219 or 220, and
(c) the date of the expiry, suspension or revocation of the import authorization that applies to the controlled substance to be exported and that is issued by the competent authority in the country of final destination.

Marginal note:Refusal

216 (1) The Minister must refuse to issue an export permit if
- (a) the Minister has reasonable grounds to believe that the exportation would contravene an international obligation;
- (b) the government laboratory has not provided the Minister with the information or documents required under subsection 213(3) or before the date specified in the written request referred to in that subsection, or the information or documents that it has provided before that date are not sufficient to complete the review of the permit application;
- (c) the Minister has reasonable grounds to believe that the government laboratory has submitted false or misleading information or false or falsified documents in or in support of the permit application;
- (d) the Minister has reasonable grounds to believe that the exportation would not be in conformity with the import authorization issued by the competent authority of the country of final destination;
- (e) the Minister has reasonable grounds to believe that the exportation would contravene the laws of the country of final destination or any country of transit or transhipment; or
- (g) the Minister has reasonable grounds to believe that the issuance of the permit would likely create a risk to public health or safety, including the risk that a controlled substance could be diverted to an illicit market or use.
Marginal note:Prior notice
(2) Before refusing to issue an export permit, the Minister must
- (a) provide the government laboratory with a prior written notice that sets out the Minister’s reasons and gives the government laboratory an opportunity to be heard; and
- (b) consider the government laboratory’s submissions, if applicable.

Marginal note:Providing copy of permit

217 The holder of an export permit must provide a copy of the permit to the customs office at the time of exportation.

Marginal note:Declaration

218 The holder of an export permit must provide the Minister, within 15 days after the day of export of the controlled substance specified in the permit, with a declaration that contains the following information:

(a) the permit holder’s name;
(b) the number of the export permit;
(c) the name of the customs office from which the controlled substance was exported and the date of export;
(d) in the case of a controlled substance set out in any of Schedules 1 to 4,
- (i) its name,
- (ii) if it is a salt, the name of the salt,
- (iii) its form, and
- (iv) its quantity; and
(e) in the case of a mixture or finished product,
- (i) its name or, if applicable, brand name, as well as the name of the controlled substance it contains,
- (ii) its form, its strength, the number of containers and, if applicable, the number of units per container, and
- (iii) its drug identification number, if any.