Precursor Control Regulations (SOR/2002-359)

Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Controlled Drugs and Substances Act. (Loi)

Class A export permit

Class A export permit means a permit to export one or more Class A precursors, issued under section 33. (permis d’exportation de catégorie A)

Class A import permit

Class A import permit means a permit to import one or more Class A precursors, issued under section 26. (permis d’importation de catégorie A)

Class A precursor

Class A precursor means,

• (a) any substance set out in Part 1 of Schedule VI to the Act; and

• (b) any preparation or mixture referred to in Part 3 of Schedule VI to the Act that contains a substance referred to in paragraph (a). (précurseur de catégorie A)

Class B export permit

Class B export permit means a permit to export one or more Class B precursors, issued under section 70. (permis d’exportation de catégorie B)

Class B precursor

Class B precursor means,

• (a) any substance set out in Part 2 of Schedule VI to the Act; and

• (b) any preparation or mixture referred to in Part 3 of Schedule VI to the Act that contains a substance referred to in paragraph (a). (précurseur de catégorie B)

competent authority

competent authority means a public authority of a foreign country that is authorized under the laws of the country to approve the importation or exportation of precursors into or from the country. (autorité compétente)

customs officer

customs officer means an officer as defined in subsection 2(1) of the Customs Act. (agent des douanes)

designated criminal offence

designated criminal offence means

• (a) any offence involving the financing of terrorism against sections 83.02 to 83.04 of the Criminal Code;

• (b) any offence involving fraud against sections 380 to 382 of the Criminal Code;

• (c) the offence of laundering proceeds of crime against section 462.31 of the Criminal Code;

• (d) an offence involving organized crime against sections 467.11 to 467.13 of the Criminal Code; or

• (e) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraphs (a) to (e). (infraction désignée en matière criminelle)

designated drug offence

designated drug offence means

• (a) an offence against section 39, 44.2, 44.3, 48, 50.2 or 50.3 of the Food and Drugs Act, as those provisions read immediately before May 14, 1997;

• (b) an offence against section 4, 5, 6, 19.1 or 19.2 of the Narcotic Control Act, as those provisions read immediately before May 14, 1997;

• (c) an offence under Part I of the Act, except subsection 4(1), and an offence against section 46 of the Act; or

• (d) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraphs (a) to (c). (infraction désignée en matière de drogue)

drug in dosage form

drug in dosage form means a drug in a form that is ready for use by the consumer without requiring any further manufacturing. (drogue sous forme posologique)

extract

extract means, in respect of a precursor, to isolate the precursor from a preparation or mixture by any physical or chemical process including distillation. (extraire)

Harmonized System Code

Harmonized System Code means, in respect of goods, the numeric identifier set out for those goods in the Harmonized Commodity Description and Coding System published by the World Customs Organization. (numéro de code du système harmonisé)

hospital

hospital means a facility that

• (a) is licensed, approved or designated as a hospital by a province under the laws of the province to provide health care or treatment to persons or animals; and

• (b) is owned or operated by the Government of Canada or a province and that provides health services. (hôpital)

INCB

INCB means the International Narcotics Control Board. (OICS)

internal controls

internal controls means, in respect of an undertaking conducting activities pertaining to a precursor, the internal processes and procedures used by the undertaking to assist in achieving the objective that, to the extent practical, it has reliable information about its precursor activities governed by these Regulations. (contrôles internes)

international obligation

international obligation means an obligation in respect of a controlled substance or a precursor set out in a convention, treaty or other multilateral or bilateral instrument that Canada has ratified or to which Canada adheres. (obligation internationale)

licence

licence means a licence issued to a licensed dealer under section 16. (licence)

licensed dealer

licensed dealer means the holder of a licence. (distributeur autorisé)

peace officer

peace officer means a peace officer as defined in section 2 of the Criminal Code. (agent de la paix)

pharmacist

pharmacist means an individual who

• (a) is registered or otherwise authorized under the laws of a province to practise pharmacy; and

• (b) is practising pharmacy in that province. (pharmacien)

prescription

prescription means, in respect of a preparation or mixture containing a Class A precursor, an authorization from a practitioner stating that a specific amount of the preparation or mixture may be sold or provided for the individual or animal under the practitioner’s care named in the authorization. (ordonnance)

produce

produce means, in respect of a precursor, to obtain the precursor by any method or process, including

• (a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the precursor, or

• (b) cultivating, propagating or harvesting the precursor or any living thing from which the precursor may be isolated or otherwise obtained

and includes offer to produce. (production)

registered dealer

registered dealer means the holder of a registration certificate. (distributeur inscrit)

registration

registration means registration by the Minister under section 62. (inscription)

registration certificate

registration certificate means a certificate issued under section 62. (certificat d’inscription)

responsible person in charge

responsible person in charge means the individual designated under subsection 13(2) having responsibility for the supervision of activities carried out at the licensed site by the licensed dealer under their licence. (personne responsable)

retail

retail means a sale or provision of goods for the purpose of end-use but not resale. (au détail)

senior person in charge

senior person in charge means

• (a) in respect of a licensed dealer, the individual designated under subsection 13(1) to have overall responsibility for management of the licensed dealer’s Class A precursor activities at the licensed site; and

• (b) in respect of a registered dealer, the individual designated under subsection 59(1) to have overall responsibility for management of the registered dealer’s Class B precursor activities (responsable principal)

site

site means, in respect of a licensed dealer or a registered dealer carrying on one or more activities mentioned in section 6 or 57, respectively,

• (a) a building or place in a building used by the licensed dealer or registered dealer; or

• (b) an area occupied exclusively by buildings used by the licensed dealer or registered dealer. (installation)

transhipment

transhipment means, in respect of a Class A precursor that has been unloaded or in any way removed from the means of transportation by which it came into Canada, its loading or placing on board or within or on the same or any other means of transportation used for its departure from Canada. (transbordement)

PART 1Class A Precursors

Exemption

2 With respect to a drug in dosage form, a person who sells or provides or possesses for the purpose of sale or provision, or who conducts an activity mentioned in section 9 or 47, is exempt from the requirements of these Regulations in respect of that activity if the drug contains

• (a) a Class A precursor that is a prescription drug as defined in section A.01.010 of the Food and Drug Regulations; or

• (b) a Class A precursor and one or more controlled substances listed in Schedule I, III or IV to the Act.

3 With respect to a Class A precursor that is a preparation or mixture, a person who conducts an activity mentioned in section 6, 9, 10 or 47 is exempt from the requirements of these Regulations, except requirements in respect of the production of the preparation or mixture or the possession of a precursor for the purpose of producing the preparation or mixture, if

• (a) the preparation or mixture is a fragrance or flavouring

  • (i) containing anthranilic acid, N-anthranilic acid, gamma butyrolactone, phenylacetic acid, piperonal or piperidine in a total concentration equal to or less than 20% by weight or volume in the case of a solid or liquid, respectively, and

  • (ii) intended to be used in a food, drug, cosmetic or household product;

• (b) it is a silicone product that is a sealant, adhesive or coating containing acetic anhydride in a concentration equal to or less than 1% by weight or volume in the case of a solid or liquid, respectively; or

• (c) it contains gamma butyrolactone or 1,4-butanediol in a total concentration equal to or less than 20% by weight or volume in the case of a solid or liquid respectively, and is intended to be used in the following products or processes:

  • (i) a control product as defined in the Pest Control Products Act, R.S., c. P-9, before the coming into force of subsection 2(1) of the Pest Control Products Act, S.C. 2002, c. 28,

  • (ii) a pest control product as defined in the Pest Control Products Act, S.C. 2002, c. 28, after the coming into force of subsection 2(1) of that Act,

  • (iii) cleaning or etching preparations for electronic devices, components and parts,

  • (iv) biofermentation for polyester production,

  • (v) melamine coatings,

  • (vi) automotive coatings, or

  • (vii) resin systems for manufacturing polyurethane.

• 4 (1) A person who uses a Class A precursor that is described in section 3 or is the subject of an authorization certificate under section 49, to produce another Class A precursor that is a preparation or mixture, is exempt from the requirements of these Regulations in respect of that production.

• (2) With respect to a preparation or mixture produced under subsection (1), a person who conducts any activity mentioned in section 6, 9, 10 or 47 is exempt from the requirements of these Regulations in respect of the activity.

5 With respect to any Class A precursor, a person who only sells, provides or possesses for the purpose of sale or provision is exempt from the requirements of these Regulations in respect of the activity if the person

• (a) sells or provides a selection of goods that is not limited to chemicals or chemicals and equipment used in the chemical industry for the production, processing or storage of chemicals; and

• (b) sells or provides Class A precursors

  • (i) only on a retail basis,

  • (ii) in the case of a precursor set out in column 1 of the schedule, only in a quantity, per transaction, that does not exceed the maximum quantity, expressed as an absolute amount or per package, specified for the precursor in column 2 of the schedule, and

  • (iii) in the case of a preparation or mixture containing a precursor set out in column 1 of the schedule, only in a quantity, per transaction, that does not exceed the maximum quantity, expressed as an absolute quantity or per package, specified for the contained precursor in column 2 of the schedule.

Limitation on Activities

• 6 (1) No person other than a licensed dealer may

  • (a) produce a Class A precursor;

  • (b) package a Class A precursor; or

  • (c) sell or provide a Class A precursor.

• (2) No person may possess a Class A precursor for the purpose of an activity mentioned in subsection (1), except to the extent necessary to conduct the activity in relation to the precursor, as authorized by the person’s licence.

• (3) A licensed dealer may import or export a Class A precursor or possess a Class A precursor for the purpose of export if the dealer complies with the conditions set out in section 7.

6.1 No person may possess a Class A precursor for the purpose of producing a controlled substance unless the person is the holder of

• (a) a licence issued under section G.02.007 or J.01.015 of the Food and Drug Regulations, section 17.1 of the Benzodiazepines and Other Targeted Substances Regulations or section 10.1 of the Narcotic Control Regulations that authorizes the production of the substance; or

• (b) an exemption issued under section 56 of the Act.