Precursor Control Regulations

Contents

Whereas a provision of the annexed Regulations deals with the communication of information obtained under the Regulations to certain classes of persons, and in the opinion of the Governor in Council, pursuant to paragraph 55(1)(s) of the Controlled Drugs and Substances Act, it is necessary to communicate the information to those classes of persons for the proper administration of the Act and the Regulations;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 55(1) of the Controlled Drugs and Substances Act, hereby makes the annexed Precursor Control Regulations.^note

Interpretation

1 #

The following definitions apply in these Regulations.

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

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

Class A precursor means any of the following precursors:

(a)a precursor included in Table 1 of Part 2 of Schedule V to the Act;

(b)a preparation or mixture included in Table 3 of Part 2 of Schedule V to the Act that contains a precursor included in Table 1 of Part 2 of that Schedule;

(c)a precursor included in Part 1 of Schedule VI to the Act;

(d)a preparation or mixture included in Part 3 of Schedule VI to the Act that contains a precursor included in Part 1 of that Schedule. (précurseur de catégorie A)

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 means any of the following precursors:

(a)a precursor included in Table 2 of Part 2 of Schedule V to the Act;

(b)a preparation or mixture included in Table 3 of Part 2 of Schedule V to the Act that contains a precursor included in Table 2 of Part 2 of that Schedule;

(c)a precursor included in Part 2 of Schedule VI to the Act;

(d)a preparation or mixture included in Part 3 of Schedule VI to the Act that contains a precursor included in Part 2 of that Schedule. (précurseur de catégorie B)

combination product containing ephedrine or pseudoephedrine means

(a)a natural health product that contains ephedrine or any of its salts or pseudoephedrine or any of its salts, or any combination of those ingredients, in combination with one or more other substances set out in Schedule 1 to the Natural Health Products Regulations; or

(b)a drug for human use that

(i)contains ephedrine or any of its salts or pseudoephedrine or any of its salts, or any combination of those ingredients, in combination with one or more other drugs,

(ii)is not required under the Food and Drugs Act or the Act to be sold under a prescription,

(iii)is not a natural health product,

(iv)does not contain a drug that is listed in Schedule C or D to the Food and Drugs Act,

(v)does not contain a controlled substance, and

(vi)is not intended to be administered by injection via needle or by intravenous infusion. (produit combiné contenant de l’éphédrine ou de la pseudoéphédrine)

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

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

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 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 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 means the International Narcotics Control Board. (OICS)

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

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

natural health product means a natural health product within the meaning of the Natural Health Products Regulations. (produit de santé naturel)

non-combination product containing ephedrine or pseudoephedrine means a natural health product that contains — as its only medicinal ingredients — ephedrine or any of its salts or pseudoephedrine or any of its salts, or any combination of those ingredients. (produit non combiné contenant de l’éphédrine ou de la pseudoéphédrine)

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

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

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

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

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

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 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 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 1 · Class 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.

^note

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.

^note

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 #

A person who only sells or provides, or possesses only for the purpose of sale or provision, a Class A precursor — other than a combination product containing ephedrine or pseudoephedrine or a non-combination product containing ephedrine or pseudoephedrine — 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, 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 amount or per package, specified for the contained precursor in column 2.

^note

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 dealer’s licence issued under subsection 12(1) of the Controlled Substances Regulations to produce, as defined in subsection 2(1) of the Act, the controlled substance; or

(b)an exemption granted under subsection 56(1) of the Act.

^note

Conditions Applicable to Licensed Dealers

7 #

A licensed dealer may carry out an activity referred to in section 6 if

(a)the licensed dealer is licensed to carry out the activity with respect to the Class A precursor;

(b)the licensed dealer carries out the activity in accordance with all conditions set out in the licence;

(c)in the case of import, the licensed dealer is the holder of a Class A import permit for the precursor and acts in accordance with all conditions set out in the permit;

(d)in the case of export, the licensed dealer is the holder of a Class A export permit for the precursor and acts in accordance with all conditions set out in the permit; and

(e)in the case of the sale or provision of a combination product containing ephedrine or pseudoephedrine or a non-combination product containing ephedrine or pseudoephedrine, the sale or provision is only to

(i)another licensed dealer,

(ii)a pharmacist,

(iii)a practitioner,

(iv)a hospital, or

(v)an individual working in a retail location where a pharmacist provides services.

^note

End-use Declaration

8 #

(1)A licensed dealer who intends to sell or provide, to a person who is not a licensed dealer, a Class A precursor set out in column 1 of the schedule in a quantity, per transaction, greater than the maximum quantity, expressed as an absolute amount or per package, specified for the precursor in column 2 shall, before entering into the transaction, obtain an end-use declaration signed and dated by the person acquiring the precursor.

(1.1)The end-use declaration shall include

(a)the name of the licensed dealer, being, in the case of a corporation, its corporate name, as well as their address and telephone number and facsimile transmission number, if any;

(b)the name of the person acquiring the precursor, being, in the case of a corporation, its corporate name, as well as their address and telephone number and facsimile transmission number, if any;

(c)the name of all Class A precursors involved in the transactions mentioned in the end-use declaration;

(d)all uses for which the precursor is being acquired; and

(e)a certification by the signatory stating that the person is acquiring the precursor as the end user, for the uses mentioned in the end-use declaration.

(2)If a licensed dealer intends to sell or provide, to a person who is not a licensed dealer, a Class A precursor that is a preparation or mixture containing a precursor set out in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI to the Act, an end-use declaration under subsection (1) is required if the quantity of the contained precursor, per transaction, is greater than the maximum quantity, expressed as an absolute amount or per package, specified for the contained precursor in column 2 of the schedule to the Regulations.

(3)An end-use declaration obtained under subsection (1) or (2) applies to any subsequent transaction between the licensed dealer and the signatory to the declaration that occurs in the same calendar year as the transaction mentioned in the declaration if the subsequent transaction involves the same Class A precursor and the same end-uses.

(4)For greater certainty, another end-use declaration must be obtained in respect of a subsequent transaction between the licensed dealer and the signatory to the declaration that occurs in the same calendar year as the transaction mentioned in the declaration if the transaction involves a different Class A precursor or a different end-use.

(5)A licensed dealer required to obtain an end-use declaration must take all reasonable measures to verify the identity of the signatory to the declaration if that person or their signature is unfamiliar to the licensed dealer.

Limitation on Transportation

9.1 #

If a rail car, reusable container, intermodal tank container or other container, having a capacity of 9,000 L or more, was used to provide or send red or white phosphorus and the rail car or container is returned to the person who produced the phosphorous with residual amounts that cannot be offloaded under normally accepted operating procedures in the chemical industry, the person returning the rail car or container in that state is exempt from the requirements of these Regulations in respect of that activity.^note

10 #

A person shall not transport a Class A precursor in transit through Canada or tranship a Class A precursor in Canada that is coming from one country and going to another or possess a Class A precursor for either of those purposes except in accordance with a permit issued under section 40.

Authorization Concerning Preparations and Mixtures

10.1 #

Despite sections 6 to 10 and 47, with respect to a Class A precursor that is a preparation or mixture, a person may sell, provide, send, transport, deliver, import, export, transport in transit through Canada, tranship in Canada, destroy or possess for those purposes if

(a)the preparation or mixture is the subject of an authorization certificate under section 49; and

(b)no notice indicating that the certificate has been revoked or is under suspension appears on a Government of Canada website.

^note

Individuals

11 #

(1)An individual entering or returning to Canada and having in their possession a Class A precursor that is a preparation or mixture may import the preparation or mixture if

(a)the preparation or mixture is intended to treat a medical condition of the individual or an accompanying person for whom the individual is responsible;

(b)in the case of a preparation or mixture containing ephedra, ephedrine or pseudoephedrine, the preparation or mixture is packaged and labelled as a consumer product and the total quantity imported of the precursor contained in the preparation or mixture does not exceed

(i)in the case of ephedra, 20 g,

(ii)in the case of ephedrine, 0.4 g, and

(iii)in the case of pseudoephedrine, 3 g; and

(c)in the case of a preparation or mixture containing ergometrine or ergotamine, the preparation or mixture is packaged in a container with a label showing that it was dispensed under prescription in a pharmacy or hospital or by a physician and the total quantity imported of the precursor contained in the preparation or mixture does not exceed the lesser of

(i)a single prescribed course of treatment, and

(ii)a 90-day supply, based on the normal daily dose for the precursor.

(2)An individual leaving Canada and having in their possession a Class A precursor that is a preparation or mixture may export the preparation or mixture if the requirements of subsection (1) are met, with any modifications that the circumstances require.

Licence

Eligibility for a Licence

12 #

To be eligible to apply for a licence, 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.

Senior Person in Charge and Responsible Person in Charge

13 #

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

(2)A licensed dealer must designate a responsible person in charge, who may, if appropriate, be the senior person in charge, to work at the site set out in the licence and have responsibility for supervising, on behalf of the licensed dealer, the licensed dealer’s Class A precursor activities at the site and for ensuring that the activities comply with these Regulations.

(3)A licensed dealer may designate an alternate responsible person in charge to work at the site set out in the licence and have authority to replace the responsible person in charge when that person is absent.

(4)The senior person in charge, responsible person in charge and the alternate responsible person in charge

(a)must be familiar with the provisions of the Act and these Regulations that apply to the licence held by the licensed dealer by whom they are designated; 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).

(5)The responsible person in charge and the alternate responsible person in charge must have sufficient knowledge concerning the use and handling of Class A precursors to which the licence applies, including the risk of those precursors being diverted to an illicit market or use, to enable them to properly perform their responsibilities.

Application for a Licence

14 #

(1)An application for a licence or to renew a licence pertaining to a Class A precursor shall be made to the Minister and contain the following information

(a)the applicant’s name or, if the applicant is a corporation, its corporate name, any other registered name with a province and any other trade name under which the applicant intends to carry out the activities set out in the licence or intends to identify itself;

(a.1)a description of the nature of the business conducted or intended to be conducted by the applicant;

(a.2)the length of time, if any, the applicant has been in business;

(b)for each Class A precursor sought to be licensed,

(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 names of all precursors set out in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI to the Act that it contains;

(iv)if it is a drug containing a precursor for which a drug identification number has been assigned under section C.01.014.2 of the Food and Drug Regulations, the drug identification number, and

(v)if it is a natural health product containing a precursor for which a product number has been assigned under section 8 of the Natural Health Products Regulations, the product number;

(c)for each precursor mentioned in the application,

(i)the Class A precursor activity referred to in section 6 that is sought to be licensed and that would be conducted at the site to which the licence would apply,

(ii)the names of the persons from whom the applicant intends to obtain the precursor, if applicable, and

(iii)the type of clientele to whom the applicant intends to supply the precursor;

(c.1)if an establishment licence under section C.01A.008 of the Food and Drug Regulations has been issued to the applicant in respect of a Class A precursor, the number of the licence;

(c.2)if a site licence under section 29 or 36 of the Natural Health Products Regulations has been issued to the applicant in respect of a Class A precursor, the number of the licence;

(d)the address, telephone number, facsimile transmission number and e-mail address of the site sought to be licensed and each building within the site where the activity sought to be licensed is to be carried out;

(e)the postal address for the site and each building referred to in paragraph (d), if different from the address provided under that paragraph;

(f)the name, date of birth, gender, position with the applicant, telephone number, facsimile transmission number and e-mail address of the senior person in charge for the site;

(g)the name, date of birth and gender of the responsible person in charge for the site and the alternate responsible person in charge, if any;

(h)a description of the proposed security measures to be used at the site and when a precursor is transported, sent or delivered, including the measures required under subsection 9(2), section 83 and subsection 85(3);

(i)a description of the internal controls proposed with respect to precursor activities at the site; and

(j)in the case of an application to renew, the number of the licence sought to be renewed.

(2)If the applicant intends to engage in an activity referred to in section 6 respecting Class A precursors at more than one site, a separate application must be made for each site.

(3)The application for a licence or its renewal must

(a)be signed by the senior person in charge for the site mentioned in the application; and

(b)include a statement that

(i)the information and documents provided in the application are correct and complete to the best of the knowledge of the signatory,

(ii)the signatory has the authority to bind the applicant, and

(iii)the applicant has taken all reasonable measures to ensure that their employees do not contribute to the risk of a precursor being diverted to an illicit market or use.

(4)An application for a licence or its renewal must be accompanied by

(a)declarations signed by the senior person in charge, the responsible person in charge and the alternate responsible person in charge, if any, stating that they have not, as an adult, been convicted 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);

(b)for each person referred to in paragraph (a), a document issued by a Canadian police force or by a business that is accredited by the Royal Canadian Mounted Police indicating whether, during the 10 years before the day on which the application is submitted, the person was convicted, as an adult, of an offence mentioned in subparagraphs (a)(i) or (ii);

(c)if any of the persons mentioned in paragraph (a) has ordinarily resided in a country other than Canada during the 10 years before the day on which the application is submitted, a document issued by a police force of that country indicating whether in that period that person was convicted, as an adult, of an offence mentioned in subparagraph (a)(iii); and

(d)if applicable, a copy of

(i)the certificate of incorporation or other constituting instrument for the applicant, and

(ii)any document filed with the province in which the site sought to be licensed is located that states the applicant’s corporate name and any other name registered with the province under which the applicant will carry out the activities set out in the licence or will identify itself.

(5)[Repealed, SOR/2025-246, s. 16] (repealed)

Additional Information

15 #

The Minister may, on receiving an application made under this Part, require the submission of any additional information that pertains to the information contained in the application and that is necessary for the Minister to process the application.

Pre-licence Inspection

15.1 #

The Minister may, in respect of an applicant or a licensed dealer, at any reasonable time,

(a)require the inspection of the site used or intended to be used in producing, packaging, selling or providing a Class A precursor or to or from which a Class A precursor has been or is to be imported or exported;

(b)examine, as part of the inspection, the security measures used or put in place at the site and in respect of the sending, transportation or delivery of precursors;

(c)examine, as part of the inspection, the internal controls used or put in place at the site with respect to precursor activities; and

(d)examine, as part of the inspection, the books, registers, electronic data and other records kept in accordance with section 85.

^note

Issuance of Licence

16 #

Subject to section 17, if the requirements of section 14 are met, the Minister shall issue or renew a licence that indicates

(a)the licence number;

(b)the name of the licensed dealer or, if the applicant is a corporation, their corporate name;

(c)the names of all Class A precursors to which the licence applies;

(d)for each precursor to which the licence applies, the Class A precursor activities authorized by the licence;

(e)the address of the licensed site where the authorized activities are to be conducted;

(f)the effective date of the licence;

(g)the date of expiry of the licence, which may not be later than three years after the effective date; and

(h)any conditions that are necessary to

(i)ensure that the international obligations of Canada are respected, or

(ii)ensure compliance with the Act and these Regulations, including by reducing the risk of a Class A precursor being diverted to an illicit market or use.

^note

Grounds for Refusal

17 #

(1)Subject to subsection (2), the Minister shall refuse to issue, renew or amend a licence if

(a)the applicant is not eligible under section 12;

(b)the Minister has reasonable grounds to believe that any information or document included in the application is false or misleading;

(c)additional information required under section 15 has not been provided or is insufficient to enable the Minister to process the application;

(d)the issuance, renewal or amendment of the licence would permit an activity that would not be in compliance with an international obligation of Canada;

(e)information received from a competent authority, the United Nations or a peace officer raises a reasonable belief that the applicant has been or will be involved in the diversion of a controlled substance or precursor to an illicit market or use;

(f)the applicant does not have in place the security measures required under subsection 9(2), section 83 and subsection 85(3) with respect to the precursors sought to be licensed;

(g)the applicant is not, or within the previous 10 years has not been, in compliance with

(i)a provision of the Act or any regulation made or continued under the Act, or

(ii)a condition of a licence, registration or import or export permit issued to the applicant under any regulation made or continued under the Act;

(h)the senior person in charge for the site, the responsible person in charge or the alternate responsible person in charge, if any, has 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);

(i)the proposed internal controls referred to in paragraph 14(1)(i) are not sufficient to

(i)support a reliable system of record-keeping in respect of Class A precursor activities and Class A precursor inventory at the site, or

(ii)permit the Minister to audit these precursor activities; or

(j)the issuance, renewal or amendment of the licence would likely create a risk to public health, safety or security, including the risk of a Class A precursor being diverted to an illicit market or use.

(2)The Minister is not required to refuse to issue, renew or amend a licence under paragraph (1)(b) or (g) if the applicant

(a)does not have a history of non-compliance with the Act and any regulation made or continued under the Act; and

(b)has carried out, or signed an undertaking to carry out, specified corrective measures to ensure compliance with the Act and these Regulations.

Expiration

18 #

A licence is valid until the earlier of

(a)the expiry date set out in the licence, and

(b)the day on which the licence is revoked or suspended under section 22 or 23 or subsection 24(1).

^note

Amendment of Licence

19 #

(1)A licensed dealer proposing to amend the information on their licence shall provide the following documents to the Minister

(a)an application in writing describing the proposed amendment, accompanied by any supporting documents mentioned in section 14 that are relevant to the proposed amendment; and

(b)the original licence.

(2)The application must

(a)be signed by the senior person in charge for the site; and

(b)include a statement that the information and documents provided in the application are correct and complete to the best of the knowledge of the signatory.

(3)Subject to section 17, if the application complies with subsections (1) and (2), the Minister shall amend the licence accordingly and may add any condition necessary to ensure

(a)that the international obligations of Canada are respected, or

(b)compliance with the Act and these Regulations, including by reducing the risk of a Class A precursor being diverted to an illicit market or use.

Amendment of Application Information

20 #

(1)A licensed dealer must obtain the Minister’s approval before

(a)designating a replacement for the senior person in charge;

(b)designating a replacement for either the responsible person in charge or the alternate responsible person in charge, or designating an individual to be the alternate responsible person in charge;

(b.1)making a change to the security measures used at the site with respect to Class A precursors kept there or described in the licence application under paragraph 14(1)(h) or in a request for approval under this section; or

(c)making a change to the internal controls applicable to the Class A precursor activities conducted at the site, as described in the licence application or a request approved under this section.

(2)With a request for approval under paragraph (1)(a) or (b), the licensed dealer must provide the Minister with the following information and documents with respect to the proposed designation:

(a)in the case of a replacement designation for the senior person in charge,

(i)the information specified in paragraph 14(1)(f), and

(ii)the declaration specified in paragraph 14(4)(a) and the documents specified in paragraphs 14(4)(b) and (c); and

(b)in the case of a replacement designation for either the responsible person in charge or the alternate responsible person in charge, or the designation of an individual to be the alternate responsible person in charge,

(i)the information specified in paragraph 14(1)(g), and

(ii)the declaration specified in paragraph 14(4)(a) and the documents specified in paragraphs 14(4)(b) and (c).

(3)When requesting an approval under paragraph (1)(b.1) or (c), the licensed dealer must provide the Minister with the information that permits the Minister to make an evaluation required under paragraphs 17(1)(f) and (i).

(4)If a senior person in charge ceases to act in that capacity due to death or other unforseen circumstance, the licensed dealer may authorize another person who satisfies the requirements of subsection 13(4) to act as the interim senior person in charge until approval is granted by the Minister pursuant to paragraph (1)(a) concerning the designation of a replacement for the senior person in charge.

21 #

(1)A licensed dealer shall advise the Minister within 10 days if the senior person in charge, responsible person in charge or alternate responsible person in charge for the site ceases to act in that capacity.

(2)A licensed dealer shall advise the Minister not later than the next business day if the responsible person in charge for the site ceases to act in that capacity and there is no person designated to act in the capacity of alternate responsible person in charge for the site.

Revocation or Suspension of Licence

22 #

The Minister shall revoke a licence at the request of the holder or if the holder informs the Minister that the licence has been lost or stolen.

23 #

(1)Subject to subsection (2), the Minister shall revoke a licence if

(a)the holder is no longer an eligible person under section 12;

(b)the licence was issued on the basis of false or misleading information or false or falsified documents;

(c)the licensed dealer has failed to comply with a provision of the Act or any regulation under the Act or a condition of a licence, a registration or an import or export permit issued under any regulation made or continued under the Act;

(d)it is discovered that the senior person in charge, the responsible person in charge or the alternate responsible person in charge has 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); or

(e)information received from a competent authority, the United Nations or a peace officer raises a reasonable belief that the licensed dealer has been or will be involved in the diversion of a controlled substance or precursor to an illicit market or use; or

(f)the continuation of the licence would likely create a risk to public health, safety or security, including the risk of a Class A precursor being diverted to an illicit market or use.

(2)The Minister is not required to revoke a licence under paragraph (1)(b) or (c) if the licensed dealer

(a)does not have a history of non-compliance with the Act and any regulation made or continued under the Act; and

(b)has carried out, or signed an undertaking to carry out, specified corrective measures to ensure compliance with the Act and these Regulations.

(3)The Minister may revoke a licence if the licensed dealer fails to comply with a decision of the Minister to suspend the licence under subsection 24(1) or if the situation giving rise to the suspension is not rectified.

24 #

(1)The Minister shall, without prior notice, suspend a licence in respect of any authorized activities in relation to any Class A precursor if the Minister has reasonable grounds

(a)to believe that the suspension is necessary to protect public health, safety or security; or

(b)to suspect that the continuation of the activities presents a risk of a Class A precursor being diverted to an illicit market or use.

(2)The Minister shall reinstate the licence in respect of any activities affected by the suspension if the reasons for the suspension no longer exist or the holder demonstrates that the suspension is unfounded.

Importation

Application for Import Permit

25 #

(1)To apply for a Class A import permit, a licensed dealer shall make an application to the Minister that contains the following information and statement:

(a)the licensed dealer’s name and address and the number of their licence;

(b)the licensed dealer’s business registration number assigned by the Minister of National Revenue;

(c)for the Class A precursor sought to be imported

(i)its name or a description of its chemical composition, as stated in the licence, and Harmonized System Code,

(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 names of all precursors set out in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI to the Act that it contains,

(iv)the quantity sought to be imported, and, if it is a preparation or mixture, the quantity of all precursors set out in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI to the Act that it contains, and

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

(d)the name of the exporter from whom the precursor is being obtained and their address in the country of export;

(e)the proposed means of transportation;

(e.1)the name of any proposed country of transit or transhipment;

(f)the name of the carrier that is proposed to transport the precursor into Canada;

(g)the proposed port of entry into Canada;

(h)the proposed date of entry into Canada; and

(i)the name and address of the proposed customs broker for the licensed dealer, if any.

(j)[Repealed, SOR/2025-246, s. 18] (repealed)

(2)The application must

(a)be signed by the responsible person in charge or the alternate responsible person in charge, if any, for the site to which the Class A precursor will be transported after being released under the Customs Act; and

(b)include a statement that all information set out in the application is correct and complete to the best of the knowledge of the signatory.

(3)The application may deal with more than one Class A precursor for the same shipment.

Issuance of Import Permit

26 #

(1)Subject to section 27, if the requirements of section 25 are met, the Minister shall issue to the licensed dealer a Class A import permit that indicates

(a)the permit number;

(b)the information referred to in paragraphs 25(1)(a) to (i);

(c)the effective date;

(d)the date of expiry, being the earlier of

(i)a date determined by the Minister that is not more than 180 days after the effective date, and

(ii)the expiry date set out in the applicant’s licence; and

(e)any conditions that are necessary to

(i)ensure that the international obligations of Canada are respected, or

(ii)ensure compliance with the Act and these Regulations, including by reducing the risk of a Class A precursor being diverted to an illicit market or use.

(2)A Class A import permit is valid until the earliest of

(a)the expiry date set out in the permit,

(b)the day on which the licence pertaining to the permit is revoked or suspended under section 22 or 23 or subsection 24(1), and

(c)the day on which the permit is revoked or suspended under section 29 or 30 or subsection 31(1).

Grounds for Refusal

27 #

The Minister shall refuse to issue a Class A import permit if

(a)a circumstance described in any of paragraphs 17(1)(b) to (g) and (j), with any modifications that the circumstances require, exists with respect to the permit application;

(b)the applicant does not hold a licence that applies to the Class A precursor sought to be imported or the applicant’s licence will expire before the proposed date of entry to Canada;

(c)the applicant has been informed that one of the following applications made by the applicant with regard to the licence pertaining to the Class A precursor sought to be imported is to be refused under section 17, namely,

(i)an application under section 14 to issue or renew the licence, or

(ii)an application under section 19 to amend the licence; or

(d)the Minister has reasonable grounds to believe that the import shipment to which the permit would apply would contravene the laws of the country of export or any country of transit or transhipment.

Surrender of Import Permit

28 #

The holder of a Class A import permit shall ensure that an official copy of the permit is surrendered to a customs officer at the port of entry at the time of import.

Declaration

28.1 #

(1)Within 15 days after a shipment containing a Class A precursor is released under the Customs Act, the holder of the Class A import permit for the shipment shall provide the Minister with a declaration containing the following information:

(a)the name of the holder and permit number for the shipment;

(b)the port of entry into Canada for the shipment;

(c)the date the shipment was released under the Customs Act;

(d)the name of the precursor being shipped or a description of its chemical composition, as stated in the permit; and

(e)the quantity of the precursor being shipped and, if it is a preparation or mixture, the quantity of all of the precursors set out in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI to the Act that it contains.

(2)The declaration must

(a)be signed by the responsible person in charge or the alternate responsible person in charge for the licensed site to which the shipment will be transported after being released under the Customs Act; and

(b)include a statement that all information set out in the declaration is correct and complete to the best of the knowledge of the signatory.

^note

Revocation or Suspension of Permit

29 #

The Minister shall revoke a Class A import permit at the request of the holder or if the holder informs the Minister that the permit has been lost or stolen.

30 #

(1)Subject to subsection (2), the Minister shall revoke a Class A import permit if

(a)a circumstance described in any of paragraphs 23(1)(a) to (f) exists with respect to the licence pertaining to the Class A precursor to be imported; or

(b)the permit was issued on the basis of false or misleading information or false or falsified documents.

(2)The Minister is not required to revoke a Class A import permit under subsection (1) if the holder of the permit meets the conditions referred to in subsection 23(2).

(3)The Minister may revoke a Class A import permit if the holder fails to comply with a decision of the Minister to suspend the permit under subsection 31(1) or if the situation giving rise to the suspension is not rectified.

^note

31 #

(1)The Minister shall suspend a Class A import permit without prior notice if

(a)the licence pertaining to the Class A precursor sought to be imported has expired or has been suspended or revoked;

(b)the Minister has reasonable grounds to believe that the suspension is necessary to protect public health, safety or security;

(b.1)the Minister has reasonable grounds to suspect that the continuation of the permit presents a risk of a Class A precursor being diverted to an illicit market or use; or

(c)it is discovered that the import would contravene the laws of the country of export or a country of transit or transhipment.

(2)The Minister shall reinstate the Class A import permit if the reasons for the suspension no longer exist or the holder demonstrates that the suspension is unfounded.

Exportation

Application for Export Permit

32 #

(1)To apply for a Class A export permit, a licensed dealer shall make an application to the Minister that contains the following information and statements:

(a)the licensed dealer’s name and address and the number of their licence;

(b)the licensed dealer’s business number assigned by the Minister of National Revenue;

(c)for the Class A precursor sought to be exported

(i)its name or a description of its chemical composition, as stated in the licence, and Harmonized System Code,

(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 names of all precursors set out in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI to the Act that it contains,

(iv)the quantity sought to be exported, and, if it is a preparation or mixture, the quantity of all precursors set out in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI to the Act that it contains, and

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

(d)the name of the importer and their address in the country of final destination;

(e)the proposed means of transportation;

(e.1)the name of any proposed country of transit or transhipment;

(f)the name of the carrier that is proposed to transport the precursor through the port of exit;

(g)the proposed port of exit from Canada;

(h)the proposed date of export;

(i)the name and address of the proposed customs broker for the licensed dealer, if any; and

(j)a statement by the licensed dealer that to the best of their knowledge the export would not contravene the laws of the country of final destination or any country of transit or transhipment.

(k)[Repealed, SOR/2025-246, s. 19] (repealed)

(2)The application must

(a)be signed by the responsible person in charge or the alternate responsible person in charge, if any, for the site from which the Class A precursor will be transported to the port of exit; and

(b)include a statement that all information set out in the application is correct and complete to the best of the knowledge of the signatory.

(3)The application may deal with more than one Class A precursor for the same shipment.

Issuance of Export Permit

33 #

(1)Subject to section 34, if the requirements of section 32 are met, the Minister shall issue to the licensed dealer a Class A export permit that indicates

(a)the permit number;

(b)the information referred to in paragraphs 32(1)(a) to (i);

(c)the effective date;

(d)the date of expiry, being the earliest of

(i)a date determined by the Minister that is not more than 180 days after the effective date,

(ii)the expiry date set out in the applicant’s licence, and

(iii)the expiry date of any import authorization pertaining to the Class A precursor shipment that has been issued by the competent authority in the country of final destination; and

(e)any conditions that are necessary to

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

(ii)ensure compliance with any requirement of the country of final destination or any country of transit or transhipment, or

(iii)ensure compliance with the Act and these Regulations, including by reducing the risk of a Class A precursor being diverted to an illicit market or use.

(2)A Class A export permit is valid until the earliest of

(a)the expiry date set out in the permit,

(b)the day on which the licence pertaining to the permit is revoked or suspended under section 22 or 23 or subsection 24(1), and

(c)the day on which the permit is revoked or suspended under section 36 or 37 or subsection 38(1).

Grounds for Refusal

34 #

The Minister shall refuse to issue a Class A export permit if

(a)a circumstance described in any of paragraphs 17(1)(b) to (g) and (j), with any modifications that the circumstances require, exists with respect to the permit application;

(b)the applicant does not hold a licence that applies to the Class A precursor sought to be exported or the applicant’s licence will expire before the proposed date of export;

(c)the applicant has been informed that one of the following applications made by the applicant with regard to the licence pertaining to the Class A precursor sought to be exported is to be refused under section 17, namely,

(i)the application under section 14 to issue or renew the licence, or

(ii)an application under section 19 to amend the licence;

(d)the Minister has reasonable grounds to believe that the export shipment to which the permit would apply would contravene the laws of the country of final destination or any country of transit or transhipment;

(e)within seven days after the Minister sends pre-export notification of the proposed export to the competent authority in the country of final destination, the Minister receives written notice from the authority that it has refused to authorize the proposed import or that it objects to the import; or

(f)the shipment would not be in conformity with the import authorization or letter of non-objection issued by the competent authority in the proposed country of final destination.

Surrender of Export Permit

35 #

The holder of a Class A export permit shall ensure that

(a)an official copy of the permit is attached to the Class A precursor shipment; and

(b)an official copy of the permit is surrendered to a customs officer at the port of exit at the time of export.

Declaration

35.1 #

(1)Within 15 days after a shipment containing a Class A precursor is exported, the holder of a Class A export permit for the shipment shall provide the Minister with a declaration containing the following information:

(a)the name of the holder and permit number for the shipment;

(b)the port of exit from Canada for the shipment;

(c)the date of export;

(d)the name of the precursor being shipped or a description of its chemical composition, as stated in the permit; and

(e)the quantity of the precursor being shipped and, if it is a preparation or mixture, the quantity of all precursors set out in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI to the Act that it contains.

(2)The declaration must

(a)be signed by the responsible person in charge or the alternate responsible person in charge for the licensed site from which the shipment will be transported to the port of exit; and

(b)include a statement that all information set out in the declaration is correct and complete to the best of the knowledge of the signatory.

^note

Revocation or Suspension of Permit

36 #

The Minister shall revoke a Class A export permit at the request of the holder or if the holder informs the Minister that the permit has been lost or stolen.

37 #

(1)Subject to subsection (2), the Minister shall revoke a Class A export permit if

(a)a circumstance described in any of paragraphs 23(1)(a) to (f) exists with respect to the licence pertaining to the Class A precursor to be exported; or

(b)the export permit was issued on the basis of false or misleading information or false or falsified documents.

(2)The Minister is not required to revoke a Class A export permit under subsection (1) if the holder of the permit meets the conditions referred to in subsection 23(2).

(3)The Minister may revoke a Class A export permit if the holder fails to comply with a decision of the Minister to suspend the permit under subsection 38(1) or if the situation giving rise to the suspension is not rectified.

^note

38 #

(1)The Minister shall suspend a Class A export permit without prior notice if

(a)the licence pertaining to the Class A precursor sought to be exported has expired or has been suspended or revoked;

(b)the Minister has reasonable grounds to believe that the suspension is necessary to protect public health, safety or security;

(b.1)the Minister has reasonable grounds to suspect that the continuation of the permit presents a risk of a Class A precursor being diverted to an illicit market or use;

(c)the shipment would not be in conformity with an import authorization or letter of non-objection issued by the competent authority in the country of final destination; or

(d)it is discovered that the export would contravene the laws of the country of final destination or a country of transit or transhipment.

(2)The Minister shall reinstate the Class A export permit if the reasons for the suspension no longer exist or the holder demonstrates that the suspension is unfounded.

In Transit and Transhipment

Issuance of a Permit for Transit or Transhipment

40 #

Subject to section 41, if the requirements of section 39 are met, the Minister shall issue to the applicant a permit for transit or transhipment that contains the following information:

(a)the permit number;

(b)the information referred to in paragraphs 39(1)(a) to (h);

(c)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;

(d)the effective date and the expiry date of the permit; and

(e)any conditions that are necessary to

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

(ii)ensure compliance with any requirement of the country of final destination or any country of transit or transhipment, or

(iii)ensure compliance with the Act and these Regulations, including by reducing the risk of a Class A precursor being diverted to an illicit market or use.

^note

Grounds for Refusal

41 #

The Minister shall refuse to issue a permit for transit or transhipment if the Minister has reasonable grounds to believe that

(a)the issuance of the permit

(i)would not be in conformity with an international obligation of Canada,

(ii)would not be in compliance with the Act, any regulation under the Act, or a law of the country of export, of the country of final destination or of a country of transit or transhipment, or

(iii)would likely create a risk to public health, safety or security, including the risk of a Class A precursor being diverted to an illicit market or use; or

(b)the import authorization issued by a competent authority in the country of final destination has expired or has been suspended or revoked.

Surrender of Permit

42 #

The holder of a permit for transit or transhipment shall surrender an official copy of the permit to a customs officer at the port of entry set out in the permit.

Notice of Transit or Transhipment

43 #

Within 15 days after a shipment departs from Canada, the holder of a permit for transit or transhipment that applies the shipment must notify the Minister in writing of the departure date.

Revocation or Suspension of Permit

44 #

The Minister shall revoke a permit for transit or transhipment at the request of the holder or if the holder informs the Minister that the permit has been lost or stolen.

45 #

(1)Subject to subsection (2), the Minister shall revoke a permit for transit or transhipment if

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

(b)the holder of the permit has failed to comply with a provision of the Act or any regulation under the Act or a condition of a permit for transit or transhipment issued under these Regulations;

(c)information received from a competent authority, the United Nations or a peace officer raises a reasonable belief that the licensed dealer has been or will be involved in the diversion of a controlled substance or precursor to an illicit market or use; or

(d)the continuation of the permit would likely create a risk to public health, safety or security, including the risk of a Class A precursor being diverted to an illicit market or use.

(2)The Minister is not required to revoke a permit under paragraph (1)(a) or (b) if the holder of the permit

(a)does not have a history of non-compliance with the Act and any regulation made or continued under the Act; and

(b)has carried out, or signed an undertaking to carry out, specified corrective measures to ensure compliance with the Act and these Regulations.

(3)The Minister may revoke a permit if the holder fails to comply with a decision of the Minister to suspend the permit under subsection 46(1) or if the situation giving rise to the suspension is not rectified.

46 #

(1)The Minister shall suspend a permit for transit or transhipment without prior notice if

(a)there has been an expiration, suspension or revocation of

(i)the export permit issued by the competent authority in the country of origin, or

(ii)the import permit issued by the country of final destination;

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

(2)The Minister shall reinstate the permit for transit or transhipment if the reasons for the suspension no longer exist or the holder demonstrates that the suspension is unfounded.

Destruction

47 #

(1)No licensed dealer may destroy a Class A precursor except in accordance with subsections (2) to (4).

(2)A licensed dealer may destroy, at the site set out in their licence, a Class A precursor named in it if

(a)prior to the destruction, the licensed dealer makes a record showing;

(i)the name of the precursor, if any, otherwise a description of its chemical composition, and

(ii)the quantity of the precursor to be destroyed and, in the case of a preparation or mixture, the quantity of all precursors set out in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI to the Act that it contains;

(b)the destruction is conducted in accordance with a method that complies with all federal, provincial and municipal environmental protection legislation applicable to the place of destruction;

(c)the licensed dealer makes a record of the date and method of destruction;

(d)the destruction occurs in the presence of at least two qualified witnesses who work for the licensed dealer, one of whom is the responsible person in charge or the alternate responsible person in charge, if any, for the licensed site; and

(e)once the destruction is completed, the person carrying out the destruction and each person mentioned in paragraph (d) sign and date a joint declaration certifying that the precursor was completely destroyed, to which each signatory shall add their name in printed letters.

(3)A person is qualified to witness the destruction of a Class A precursor if

(a)the person is the responsible person in charge for the site or, if applicable, the alternate responsible person in charge for the site set out in the licence; or

(b)the person works for or provides services to the licensed dealer and acts in a senior position.

(4)If a Class A precursor is to be destroyed elsewhere than at the licensed site, the licensed dealer must ensure that

(a)all reasonable measures are taken to ensure the security of the precursor during transit in order to prevent its diversion to an illicit market or use;

(b)the destruction is carried out by a business that specializes in the destruction of dangerous goods;

(c)the destruction is conducted in accordance with a method that complies with all federal, provincial and municipal environmental protection legislation applicable to the place of destruction; and

(d)once the destruction is completed, the individual within the business carrying out the destruction provides the licensed dealer with a declaration attesting to the complete destruction of the precursor, showing

(i)the name of the precursor, if any, otherwise a description of its chemical composition, and

(ii)the quantity of the precursor destroyed and, in the case of a preparation or mixture, the quantity of all precursors set out in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI to the Act that it contains;

(iii)the date of destruction,

(iv)the method of destruction, and

(v)their name and signature as well as the name and signature of another person within the business who witnessed the destruction.

Preparations and Mixtures

Application for Authorization Certificate

48 #

(1)With respect to a Class A precursor that is a preparation or mixture, a person who produces or imports, or desires to do so, may apply for an authorization certificate with respect to the preparation or mixture by submitting an application to the Minister containing the following information and statements:

(a)the applicant’s name or, if the applicant is a corporation, their corporate name;

(b)if the applicant is a licensed dealer, the number of their licence;

(b.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;

(b.2)the address, telephone number and facsimile transmission number, if any, of the person who produced the preparation or mixture;

(c)in respect of the preparation or mixture for which the application is made

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

(ii)its qualitative and quantitative composition including all chemical ingredients,

(iii)its physical and chemical properties and any difference between those properties and the physical and chemical properties of the chemical ingredients that are precursors set out in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI to the Act,

(iv)the type of analyses used to evaluate its purity and stability, and

(v)its intended use;

(d)a statement, by the person who produced the preparation or mixture, that the preparation or mixture is made in such a way that no precursors set out in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI to the Act can be readily extracted, having regard to the complexity and cost of extraction, and that the preparation or mixture cannot be used in the production of a controlled substance; and

(e)a statement, by the person who produced the preparation or mixture, justifying the application for the certificate, and identifying the scientific principles and any other information in support of the statement under paragraph (d).

(2)The application must

(a)be signed by

(i)a person working for the applicant having supervisory responsibilities pertaining to the preparation or mixture and sufficient knowledge to confirm the information set out in the application, or

(ii)the senior person in charge for the site, if the applicant is a licensed dealer; and

(b)include a statement that all information set out in the application is correct and complete to the best of the knowledge of the signatory.

Issuance of Authorization Certificate

49 #

(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 by 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.

^note

Document Accompanying Shipment

51 #

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.

^note

Revocation or Suspension of Certificate

52 #

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

54 #

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 Table 1 of Part 2 of Schedule V or 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.

^note

Part 2 · Class B Precursors

Exemption

56 #

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.^note

Limitation on Activities

57 #

(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 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

57.1 #

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

(a)the preparation or mixture is the subject of an authorization certificate under section 77; and

(b)no notice indicating that the certificate has been revoked or is under suspension appears on a Government of Canada website.

^note

Registration

Eligibility

58 #

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.

59 #

(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).

^note

Application

60 #

(1)An application for registration or to renew a registration shall be made to the Minister and contain the following information and statement:

(a)the applicant’s name or, if the applicant is a corporation, their corporate name and any other name registered with a province, under which the applicant will carry out the activities set out in the application or will identify itself;

(b)the applicant’s address or, if the applicant is a corporation, their head office address in Canada, if applicable;

(c)the applicant’s precursor activity profile concerning Class B precursors, being

(i)the name, if any, of each Class B precursor that the applicant intends to produce for sale or provision, import, export or have in possession for export, otherwise a description of its chemical composition,

(ii)if a Class B precursor referred to in subparagraph (i) is a preparation or mixture, its product classification having regard to its intended use and the names of all precursors set out in Table 2 of Part 2 of Schedule V or in Part 2 of Schedule VI to the Act that it contains;

(iii)the Class B precursor activity mentioned in section 57 that the applicant intends to carry out in respect of each precursor identified under subparagraphs (i),

(iv)the address of each site where the applicant intends to conduct Class B precursor activities, and

(v)the postal address of each site to which subparagraph (iv) applies, if different,

(d)the name, date of birth and gender of the senior person in charge and their telephone number, facsimile transmission number and e-mail address;

(e)for each site referred to in subparagraph (c)(iv), the name, telephone number, facsimile transmission number and e-mail address of the contact person to be reached to obtain information concerning precursor activity at the site;

(f)in the case of an application to renew a registration, the number of the registration to be renewed; and

(g)a statement that the internal controls pertaining to Class B precursors are sufficient to support a reliable system of record-keeping in respect of the precursor activities and precursor inventory applicable to the registered dealer’s precursor activity profile and to permit the Minister to verify those activities.

(2)The application must

(a)be signed by the senior person in charge for the applicant; and

(b)include a statement by the signatory that

(i)the information and documents provided in the application are correct and complete to the best of the knowledge of the signatory, and

(ii)the senior person in charge has the authority to bind the applicant.

(3)The application must be accompanied by

(a)a statement signed by the senior person in charge stating that they have not, as an adult, been convicted 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);

(b)a document issued by a Canadian police force or by a business that is accredited by the Royal Canadian Mounted Police, indicating whether, during the 10 years before the day on which the application is submitted, the senior person in charge was convicted, as an adult, of an offence mentioned in subparagraph (a)(i) or (ii);

(b.1)if the senior person in charge has ordinarily resided in a country other than Canada during the 10 years before the day on which the application is submitted, a document issued by a police force of that country indicating whether in that period that person was convicted, as an adult, of an offence mentioned in subparagraph (a)(iii); and

(c)if applicable, a copy of

(i)the certificate of incorporation or other constituting instrument for the applicant, and

(ii)any document filed with a province in which there is a site referred to in subparagraph (1)(c)(iv) that states the applicant’s corporate name and any other name registered with the province under which the applicant will carry out activities in respect of precursors or will identify itself.

Additional Information

61 #

Registration and Certificate

62 #

Subject to section 63, if the requirements of section 60 are met, the Minister shall register the applicant or renew the applicant’s registration, and issue a registration certificate indicating

(a)the registration number;

(b)the name of the registered dealer or, if the registered dealer is a corporation, its corporate name;

(c)the applicant’s address or, if the applicant is a corporation, its head office address in Canada, if applicable;

(d)the effective date of the certificate;

(e)the date of expiry of the certificate; and

(f)any conditions that are necessary to

(i)ensure that the international obligations of Canada are respected, or

(ii)ensure compliance with the Act and these Regulations, including by reducing the risk of a Class B precursor being diverted to an illicit market or use.

^note

Grounds for Refusal

63 #

(1)Subject to subsection (2), the Minister shall refuse to register an applicant or renew an applicant’s registration if

(a)the applicant is not eligible under section 58;

(b)the Minister has reasonable grounds to believe that any information or document included in the application is false or misleading;

(c)additional information required under section 61 has not been provided or is insufficient to process the application;

(d)the registration would permit an activity that would not be in compliance with an international obligation of Canada;

(f)the applicant is not, or within the previous 10 years has not been, in compliance with

(i)a provision of the Act or a regulation made or continued under the Act, or

(ii)a condition of a licence, registration certificate or permit issued to it under any regulation made or continued under the Act;

(g)the senior person in charge mentioned in the application has 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); or

(h)the registration would likely create a risk to public health, safety or security, including the risk of a Class B precursor being diverted to an illicit market or use.

(2)The Minister is not required to refuse to register an applicant or renew an applicant’s registration under paragraph (1)(b) or (f) if the applicant

(a)does not have a history of non-compliance with the Act and any regulation made or continued under the Act; and

(b)has carried out, or signed an undertaking to carry out, specified corrective measures to ensure compliance with the Act and these Regulations.

Length of Validity

64 #

A registration is valid for a maximum of five years from the effective date of the registration.

Notice of Change of Information

65 #

(1)A registered dealer shall give notice to the Minister in writing of any change of information provided in the application for registration or any subsequent notice of change given under this subsection.

(2)Subject to subsection (5), the notice shall be given not later than 10 days after the change takes effect.

(3)If the change deals with information shown on the registration certificate, the registered dealer shall include the original certificate with the notice given under subsection (1).

(4)Subject to section 67, if the requirements of subsections (1) to (3) are met, the Minister shall amend the registration certificate accordingly and may add any condition necessary to

(a)ensure that the international obligations of Canada are respected; or

(b)ensure compliance with the Act and these Regulations, including by reducing the risk of a Class B precursor being diverted to an illicit market or use.

(5)If the change deals with the designation of a replacement for the senior person in charge, the registered dealer shall

(a)apply for the approval of the Minister before making the change; and

(b)include with the application the information mentioned in paragraph 60(1)(d) and the statements mentioned in paragraphs 60(3)(a) and (b).

(6)If the senior person in charge ceases to act in that capacity due to death or an unforseen circumstance, the registered dealer may authorize another person who satisfies the requirements of subsection 59(3) to act as the interim senior person in charge until approval is granted by the Minister concerning the designation of a replacement for the senior person in charge.

(7)A registered dealer shall advise the Minister within 10 days if the senior person in charge for the site ceases to act in that capacity.

^note

Revocation or Suspension

67 #

(1)Subject to subsection (2), the Minister shall revoke a registration if

(a)the registered dealer is no longer an eligible person under section 58;

(b)the registration was made on the basis of false or misleading information or false or falsified documents;

(c)the registered dealer has failed to comply with a provision of the Act or any regulation made under the Act or with a condition of a registration certificate, licence or import or export permit issued under any regulation made or continued under the Act;

(d)it is discovered that the senior person in charge has 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);

(e)information received from a competent authority, the United Nations or a peace officer raises a reasonable belief that the registered dealer has been or will be involved in the diversion of a controlled substance or precursor to an illicit market or use;

(e.1)the continuation of the registration would likely create a risk to public health, safety or security, including the risk of a Class B precursor being diverted to an illicit market or use; or

(f)the registration would permit, having regard to an activity mentioned in a notice of change of information, an activity that would not be in compliance with an international obligation of Canada.

(2)The Minister is not required to revoke a registration under paragraph (1)(b) or (c) if the registered dealer

(a)does not have a history of non-compliance with the Act and any regulation made or continued under the Act; and

(b)has carried out, or signed an undertaking to carry out, corrective measures to ensure compliance with the Act and these Regulations.

(3)The Minister may revoke a registration if the registered dealer fails to comply with a decision of the Minister to suspend the registration under subsection 68(1) or if the situation giving rise to the suspension is not rectified.

^note

68 #

(1)The Minister shall, without prior notice, suspend a registration in respect of any authorized activities in relation to any Class B precursor if the Minister has reasonable grounds

(a)to believe that the suspension is necessary to protect public health, safety or security; or

(b)to suspect that the continuation of the activities presents a risk of a Class B precursor being diverted to an illicit market or use.

(2)The Minister shall reinstate the registration in respect of any activities affected by the suspension if the reasons for the suspension no longer exist or the holder demonstrates that the suspension is unfounded.

^note

Export

Application for Export Permit

69 #

(1)An application for a Class B export permit shall be made by a registered dealer to the Minister in writing and contain the following information and statements:

(a)the registered dealer’s name and address and the number of their registration certificate;

(b)the business number assigned to the registered dealer by the Minister of National Revenue;

(c)for the Class B precursor sought to be exported

(i)its name or a description of its chemical composition, and its Harmonization System Code,

(ii)if it is a preparation or mixture, its brand name, if any, and the names of all precursors set out in Table 2 of Part 2 of Schedule V or in Part 2 of Schedule VI to the Act that it contains,

(iii)the quantity sought to be exported, and in the case of a preparation or mixture, the quantity of all precursors set out in Table 2 of Part 2 of Schedule V or in Part 2 of Schedule VI to the Act that it contains, and

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

(d)the name of the importer and their address in the country of final destination;

(e)the proposed means of transportation;

(e.1)the name of any proposed country of transit or transhipment;

(f)the name of the carrier that is proposed to transport the precursor through the port of exit;

(g)the proposed port of exit from Canada;

(h)the proposed date of export;

(i)the name and address of the proposed customs broker for the registered dealer, if any; and

(j)a statement by the registered dealer that to the best of their knowledge the shipment would not contravene the laws of the country of final destination or any country of transit or transhipment.

(k)[Repealed, SOR/2025-246, s. 21] (repealed)

(2)The application must

(a)be signed by the senior person in charge; and

(b)include a statement that the information and statements provided in the application are correct and complete to the best of the knowledge of the signatory.

(3)The application may deal with more than one Class B precursor for the same shipment.

Issuance of Export Permit

70 #

(1)Subject to section 71, if the requirements of section 69 are met, the Minister shall issue to the applicant a Class B export permit that indicates

(a)the permit number;

(b)the information referred to in paragraphs 69(1)(a) to (i);

(c)the effective date;

(d)the date of expiry, being the earliest of

(i)a date determined by the Minister that is not more than 180 days after the effective date,

(ii)the date of expiry of the registration certificate of the applicant, and

(iii)the date of expiry for any import authorization issued by the competent authority in the country of final destination in respect of the importation of the Class B precursor; and

(e)any conditions that are necessary to

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

(ii)ensure compliance with a requirement of the country of final destination or any country of transit or transhipment, or

(iii)ensure compliance with the Act and these Regulations, including by reducing the risk of a Class B precursor being diverted to an illicit market or use.

(2)A Class B export permit is valid until the earliest of

(a)the expiry date set out in the permit;

(b)the day on which the registration is revoked or suspended under section 66 or 67 or subsection 68(1); and

(c)the day on which the export permit is revoked or suspended under section 73 or 74 or subsection 75(1).

Grounds for Refusal

71 #

The Minister shall refuse to issue a Class B export permit if

(a)the applicant is not a registered dealer or is a registered dealer whose registration certificate will expire prior to the proposed date of export;

(b)a circumstance described in any of paragraphs 63(1)(b) to (f) and (h), with any modifications that the circumstances require, exists with respect to the permit application;

(c)the Minister has reasonable grounds to believe that the export shipment to which the permit would apply would contravene the laws of the country of final destination or any country of transit or transhipment;

(d)within seven days after the Minister sends pre-export notification of the proposed export to the competent authority in the country of final destination, the Minister has received written notice from the authority that it has refused to authorize the proposed import or that it objects to the import; or

(e)the proposed shipment would not be in conformity with an import authorization or letter of non-objection issued by the competent authority in the country of final destination.

^note

Surrender of Export Permit

72 #

The holder of a Class B export permit shall ensure that

(a)an official copy of the permit is attached to the Class B precursor shipment; and

(b)an official copy of the permit is surrendered to a customs officer at the customs office at the port of exit set out in the permit.

Declaration

72.1 #

(1)Within 15 days after a shipment containing a Class B precursor is exported, the holder of a Class B export permit for the shipment shall provide the Minister with a declaration containing the following information:

(a)the name of the holder and permit number for the shipment;

(b)the port of exit from Canada for the shipment;

(c)the date of export;

(d)the name of the precursor being shipped or a description of its chemical composition, as stated in the permit; and

(e)the quantity of the precursor being shipped and, if it is a preparation or mixture, the quantity of all precursors set out in Table 2 of Part 2 of Schedule V or in Part 2 of Schedule VI to the Act that it contains.

(2)The declaration must

(a)be signed by the senior person in charge designated by the registered dealer; and

(b)include a statement that all information set out in the declaration is correct and complete to the best of the knowledge of the signatory.

^note

Revocation or Suspension of Permit

73 #

The Minister shall revoke a Class B export permit at the request of the holder or if the holder informs the Minister that the permit has been lost or stolen.

74 #

(1)Subject to subsection (2), the Minister shall revoke a Class B export permit if

(a)a circumstance described in any of paragraphs 67(1)(a) to (f) exists with respect to the registration of the holder of the permit; or

(b)the export permit was issued on the basis of false or misleading information or false or falsified documents.

(2)The Minister is not required to revoke a Class B export permit under subsection (1) if the holder of the permit meets the conditions referred to in subsection 63(2).

(3)The Minister may revoke a Class B export permit if the holder fails to comply with the decision of the Minister to suspend a permit under subsection 75(1) or if the situation giving rise to the suspension is not rectified.

Preparations and Mixtures

Application for Authorization Certificate

76 #

(1)With respect to a Class B precursor that is a preparation or mixture, a person who produces for the purpose of sale or provision, or imports, or desires to do either, may apply for an authorization certificate for the preparation or mixture, by submitting an application to the Minister containing the following information and statements:

(a)the applicant’s name or, if the applicant is a corporation, their corporate name;

(b)if the applicant is a registered dealer, the number of their registration certificate;

(b.1)if the person is not the producer of the preparation or mixture, the name of the producer or, if the producer is a corporation, its corporate name;

(b.2)the address and the telephone number and facsimile transmission number, if any, of the producer of the preparation or mixture;

(c)in respect of the preparation or mixture for which the application is made

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

(ii)its qualitative and quantitative composition including all chemical ingredients,

(iii)its physical and chemical properties and any difference between those properties and the physical and chemical properties of the chemical ingredients that are precursors set out in Table 2 of Part 2 of Schedule V or in Part 2 of Schedule VI to the Act,

(iv)the type of analyses used to evaluate its purity and stability, and

(v)its intended use;

(d)a statement, by the producer of the preparation or mixture, that the preparation or mixture is made in such a way that no precursor set out in Table 2 of Part 2 of Schedule V or in Part 2 of Schedule VI to the Act contained in it can be readily extracted, having regard to the complexity and cost of extraction, and that the preparation or mixture cannot be used in the production of a controlled substance; and

(e)a statement, by the producer of the preparation or mixture, justifying the application for the certificate, and identifying the scientific principles and any other information in support of the statement under paragraph (d).

(2)The application must

(a)be signed by

(i)a person working for the applicant having supervisory responsibilities pertaining to the preparation or mixture and sufficient knowledge to confirm the information set out in the application, or

(ii)the senior person in charge for the site, if the applicant is a registered dealer; and

(b)include a statement that all information set out in the application is correct and complete to the best of the knowledge of the signatory.

Issuance of Authorization Certificate

77 #

(1)Subject to section 78, if an application complies with the requirements of section 76, 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;

(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 by reducing the risk of a Class B precursor being diverted to an illicit market or use.

Document Accompanying Shipment

79 #

A person who exports 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 77; and

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

^note

Revocation and Suspension

80 #

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

82 #

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 Table 2 of Part 2 of Schedule V or in Part 2 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 authorization certificate presents a risk of a Class B precursor being diverted to an illicit market or use.

^note

Part 3 · General Provisions

Restricted Access to Class A Precursors

83 #

Every licensed dealer shall restrict access to locations at the licensed site where Class A precursors are kept to persons whose presence is required by their work responsibilities.

Books, Registers, Electronic Data and Other Records

85 #

(1)A licensed dealer shall keep at the licensed site books, registers, electronic data and other records pertaining to each Class A precursor brought to the site, produced or packaged at the site, used at the site for their own purposes, destroyed at the site or removed from the site, showing

(a)in respect of the precursor

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

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

(iii)if it is a preparation or mixture, its brand name, if any, and the names of all precursors set out in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI to the Act that it contains;

(b)the type of activity pertaining to the precursor, whether purchase, receipt, production, packaging, use for their own purposes, sale, provision, sending, delivering, transporting, importation, exportation or destruction;

(c)the quantity of precursor and, in the case of a preparation or mixture, the quantity of all precursors set out in Table 1 of Part 2 of Schedule V or in Part 1 of Schedule VI to the Act that it contains;

(d)the date the activity occurred; and

(e)in the case of a precursor

(i)purchased or otherwise acquired, the name, address and telephone number of the person from whom the precursor was purchased or acquired,

(ii)sold or provided, sent, delivered or transported, the name and address of the purchaser or recipient,

(iii)that is imported, the name and address of the exporter in the country of export and the name of any country of transit or transhipment, or

(iv)that is exported, the name and address of the importer in the country of final destination and the name of any country of transit or transhipment.

(2)A licensed dealer shall keep in their books and registers all end-use declarations obtained under section 8.

(3)A licensed dealer shall keep, at the licensed site, a record showing, for each day on which a person has access to a place at the site where a Class A precursor is kept, the person’s name and the date of access.

(4)With respect to each Class B precursor brought to a site following import, produced at the site or removed from the site for export, a registered dealer shall keep at the site books, registers, electronic data and other records showing

(a)in respect of the precursor,

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

(ii)if it is a preparation or mixture, its brand name, if any, and the name of all precursors set out in Table 2 of Part 2 of Schedule V or in Part 2 of Schedule VI to the Act that it contains;

(b)the type of activity pertaining to the precursor, whether production for sale or provision, import or export;

(c)the date the activity occurred; and

(d)in the case of a precursor

(i)that is imported, the name and address of the exporter in the country of export and the name of any country of transit or transhipment, or

(ii)that is exported, the name and address of the importer in the country of final destination and the name of any country of transit or transhipment.

(4.1)The licensed dealer shall keep at their site all documents showing the measures taken under section 90.1 and shall keep them for at least two years after the day on which the documents were made.

(5)The licensed dealer shall

(a)keep any record referred to in subsections (1) and (3) for at least two years after the day on which information was last recorded in the record; and

(b)keep an end-use declaration for at least two years after the end of the calendar year for which it was obtained.

(6)The registered dealer shall keep any record referred to in subsection (4) for at least two years after the day on which information was last recorded in the record.

(7)The licensed dealer and registered dealer shall

(a)keep the report referred to in section 86.1 for at least two years after the day on which it is made to the Minister; and

(b)keep any report referred to in section 90 for at least two years after the day on which it is provided.

(c)[Repealed, SOR/2025-246, s. 22] (repealed)

(d)[Repealed, SOR/2025-246, s. 22] (repealed)

(8)The licensed dealer and registered dealer shall make the records that they are required to keep under this Part available for examination by the Minister.

(9)The licensed dealer and registered dealer, if requested by the Minister in writing, shall provide to the Minister a copy of any record that they are required to keep under this Part.

Suspicious Transactions

86 #

(1)A licensed dealer and a registered dealer shall, on becoming aware of the transaction, make a record of every transaction occurring in the course of their activities in respect of which there are reasonable grounds to suspect that the transaction is related to the diversion of a precursor to an illicit market or use.

(2)For the purpose of subsection (1), the factors to be considered in assessing if a transaction or group of transactions give rise to reasonable grounds to suspect that the transaction or group of transactions is related to the diversion of a precursor to an illicit market or use include

(a)the composition and chemical properties of the precursor involved, the illicit use that may be made of it and the risk of its diversion to an illicit market or use having regard to those factors;

(b)the quantity of the precursor involved and, in the case of a preparation or mixture, the quantity of all precursors set out in Table 1 or 2 of Part 2 of Schedule V or in Part 1 or 2 of Schedule VI to the Act that it contains;

(c)the intended use of the precursor stated by the other party to the transaction;

(d)the proposed means of transportation, route of delivery, place of origin or place of destination;

(e)the method of payment involved; and

(f)in the case of prior dealings between the dealer and the other party to the transaction, any suspicious departure from the pattern of the prior dealings.

(3)A suspicious transaction record shall include

(a)the name, address, telephone number and position with the dealer of the individual making the record;

(b)the identification of the other party to the transaction;

(c)details of the transaction involved, including

(i)the date and time of the transaction,

(ii)the type of transaction, and

(iii)the name and quantity of the precursor and, in the case of a preparation or mixture, the quantity of all precursors set out in Table 1 or 2 of Part 2 of Schedule V or in Part 1 or 2 of Schedule VI to the Act that it contains; and

(d)a detailed description of the reasons for suspecting that the transaction is related to the diversion of a precursor to an illicit market or use.

(4)No licensed dealer or registered dealer shall disclose that they have made a suspicious transaction record under this section or disclose the contents of the record, with the intent to prejudice a criminal investigation, whether or not a criminal investigation has begun.

(5)No criminal or civil proceedings lie against a licensed dealer or registered dealer for making a suspicious transaction record under this section in good faith.

(6)The Minister is authorized to receive information that is provided voluntarily by a dealer referred to in subsection (1) in respect of a transaction mentioned in that subsection.

(7)This section ceases to have effect on the day on which this subsection comes into force.

^note

Annual Report

87 #

A licensed dealer shall make a written report to the Minister, within three months after the end of each calendar year, showing

(a)the name and total quantity of each Class A precursor purchased, received, produced, used for their own purposes, sold, provided, imported, exported or destroyed during the calendar year;

(b)the quantity of each Class A precursor in physical inventory taken at the site at the end of the calendar year; and

(c)the name and quantity of any Class A precursor that has been lost or wasted in the course of conducting authorized activities during the calendar year.

^note

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.

^note

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.

^note

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.^note

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.

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 Table 1 or 2 of Part 2 of Schedule V or in Part 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 Table 1 or 2 of Part 2 of Schedule V or in Part 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 Table 1 of Part 2 of Schedule V or 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 Table 1 of Part 2 of Schedule V or 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 4 · Pharmacists, Practitioners and Hospitals

Pharmacists

Activities Authorized Under a Prescription

91.2 #

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

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.

^note

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.

^note

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.

^note

Refill of Prescription

91.6 #

A pharmacist may only refill a prescription for a preparation or mixture containing a Class A precursor if

(a)the practitioner who issued the prescription expressly directs that it may be refilled and specifies the number of refills;

(b)the pharmacist makes a record of each refill in accordance with subsection 91.5(1), with any modifications that the circumstances require;

(c)at least one refill remains on the prescription; and

(d)if an interval between refills has been specified by the practitioner, the interval has expired.

^note

Transfer of Prescription

91.7 #

(1)A pharmacist may transfer a prescription for a preparation or mixture containing a Class A precursor to another pharmacist or to a hospital.

(2)Before a pharmacist sells or provides a preparation or mixture containing a Class A precursor to an individual under a prescription that is transferred under subsection (1), the pharmacist shall

(a)in the case of a verbal transfer, record the information required by subsection 91.4(1);

(b)in the case of a written transfer, obtain from the transferring pharmacist a copy of

(i)the prescription written by the practitioner, or

(ii)the written record, made in accordance with subsection 91.4(2), of the practitioner’s verbal prescription; and

(c)in all cases, record

(i)the name and address of the transferring pharmacist,

(ii)the number of authorized refills remaining and, if applicable, the specified interval between refills, and

(iii)the date of the last refill.

^note

Practitioners

91.8 #

A practitioner may, with respect to a preparation or mixture containing a Class A precursor, prescribe it for or administer it to an individual or animal, or sell or provide it to or for an individual or for the benefit of an animal, only if

(a)the individual or animal is being treated by the practitioner in their professional capacity; and

(b)the preparation or mixture is required to treat the individual’s or animal’s medical condition.

^note

91.9 #

A practitioner who sells or provides a preparation or mixture containing a Class A precursor set out in column 1 of the schedule to an individual for self-administration or administration to an animal in a quantity that exceeds the maximum quantity, expressed as an absolute amount or per package, specified for the contained precursor in column 2, may do so only if the transaction is made under a prescription and shall make a record of the following information:

(a)the name and quantity of the preparation or mixture;

(b)the name and address of the person to whom the preparation or mixture was provided; and

(c)the date on which the preparation or mixture was provided.

^note

Hospitals

91.91 #

A hospital that sells or provides a preparation or mixture containing a Class A precursor exclusively on a retail basis may do so subject to sections 91.92 to 91.94.^note

91.92 #

(1)The person in charge of a hospital shall not permit a preparation or mixture containing a Class A precursor set out in column 1 of the schedule to be sold or provided to a patient or for the benefit of an animal under treatment as an in-patient or an out-patient of the hospital in a quantity, per transaction, that exceeds the maximum quantity, expressed as an absolute amount or per package, specified for the contained precursor in column 2, unless the transaction is made under a prescription or another authorization of a practitioner practising in the hospital.

(2)The person in charge of the hospital shall keep the following information or ensure that it is kept:

(a)the name and quantity of the preparation or mixture provided when the prescription was filled;

(b)the name and address of the person for whom the prescription was issued;

(c)the date on which the prescription was filled; and

(d)the number assigned to the prescription.

^note

91.93 #

The person in charge of a hospital shall not permit a prescription for a preparation or mixture containing a Class A precursor to be refilled at the hospital unless the requirements of section 91.6 are satisfied, with any modifications that the circumstances require.^note

91.94 #

The person in charge of a hospital shall not permit a preparation or mixture containing a Class A precursor to be sold or provided pursuant to a prescription that has been transferred to the hospital, unless the requirements of subsection 91.7(2) are satisfied, with any modifications that the circumstances require.^note

91.95 #

Information to be recorded and records to be kept under this Part shall be retained for at least two years after the date the information was obtained or the record was made.^note

Transitional and Coming into Force

Transitional

92 #

During the year following the day these Regulations are published in the Canada Gazette, Part II, the maximum package size set out in column 2 of the schedule for the precursors listed in column 1 for items 4, 5 and 17 does not apply to the sale or provision of any of these precursors, or any preparation or mixture containing any of them, if the precursor or the preparation or mixture was produced and packaged before the day these Regulations are published in the Canada Gazette, Part II and, in respect of the sale of provision, the person who makes the sale or provision

(a)is deemed to conform with paragraph 5(1)(c) regardless of the package size; and

(b)does not require an end-use declaration under section 8.

Coming into Force

93 #

(1)Subject to subsections (2) to (4), these Regulations come into force on the later of January 1, 2003 and the expiry of 90 days after the day on which these Regulations are published in the Canada Gazette, Part II.

(2)Subsections 6(1) and (2) and sections 7, 9, 12 to 24 and 47 come into force

(a)in respect of a person who produces, packages, imports or exports a Class A precursor, on the later of January 1, 2003 and the expiry of 90 days after the day on which these Regulations are published in the Canada Gazette, Part II; and

(b)in respect of a person who carries out any other activity pertaining to a Class A precursor, on July 7, 2003.

(3)Section 8 comes into force on July 7, 2003.

(4)Sections 55 to 82 come into force on January 1, 2004.

(Paragraph 5(b), section 8, subsections 9(1.1), clause 91.1(1)(d)(iii)(B), subsection 91.3(1), section 91.9, subsection 91.92(1), paragraph 91.96(2)(b) and section 92)

| Column 1 | Column 2Item | Substance | Maximum Quantity (expressed as an absolute amount or per package)1 | Acetic anhydride | 1000 kg2 | N-Acetylanthranilic acid (2-acetamidobenzoic acid) | 1 kg3 | Anthranilic acid (2-aminobenzoic acid) | 1 kg4 | Ephedra | 20 g per package5 | Ephedrine (erythro-2-(methylamino)-1-phenyl-propan-1-ol) | 0.4 g per package6 | Ergometrine (9,10-didehydro-N-(2-hydroxy-1-methylethyl)-6-methylergoline-8-carboxamide) | 07 | Ergotamine (12′-hydroxy-2′-methyl-5′-(phenylmethyl)ergotaman-3′,6′,18-trione) | 08 | Isosafrole (5-(1-propenyl)-1,3-benzodioxole) | 0.5 kg9 | Lysergic acid (9,10-didehydro-6-methylergoline-8-carboxylic acid) | 010 | 3,4-Methylenedioxyphenyl-2- propanone (1-(1,3- benzodioxole)-2-propanone), its derivatives and analogues and salts of derivatives and analogues, including:(1)methyl 3-(1,3-benzodioxol-5-yl)-2-methyloxirane-2-carboxylate (MMDMG) | 011 | Norephedrine (Phenylpropanolamine) | 012 | Phenylacetic acid | 1 kg13 | 1-Phenyl-2-propanone, its derivatives and analogues and salts of derivatives and analogues, including:(1)methyl 2-methyl-3-phenyloxirane-2-carboxylate (BMK methyl glycidate)(2)3-oxo-2-phenylbutanamide (alpha-phenylacetoacetamide-APAA) | 014 | Piperidine | 0.5 kg15 | Piperonal (1,3-benzodioxole-5-carboxaldehyde) | 0.5 kg16 | Potassium permanganate | 50 kg17 | Pseudoephedrine (threo-2-(methylamino)-1-phenyl-propan-1-ol) | 3 g per package18 | Safrole (5-(2-propenyl)-1,3-benzodioxole) | 0.25 kg19 | Gamma-butyrolactone (dihydro-2(3H)- furanone) | 020 | 1,4-butanediol | 021 | Red Phosphorus | 022 | White Phosphorus | 023 | Hypophosphorous acid, its salts and derivatives | 024 | Hydriodic acid | 025 | Alpha-phenylacetoacetonitrile and its salts, isomers and salts of isomers | 026 | Propionyl chloride | 027 | 1-Phenethyl-4-piperidone and its salts | 028 | 4-Piperidone (piperidin-4-one), its salts, derivatives and analogues and salts of derivatives and analogues, including:(1)1-boc-4-piperidone (tert-butyl 4-oxopiperidine-1-carboxylate)(2)3-methyl-4-piperidone (3-methylpiperidin-4-one)(3)1-benzyl-4-piperidone (1-benzylpiperidin-4-one) | 029 | Norfentanyl (N-phenyl-N-piperidin- 4-ylpropanamide), its salts, derivatives and analogues and salts of derivatives and analogues | 030 | 1-Phenethylpiperidin-4-ylidenephenylamine and its salts | 031 | N-Phenyl-4-piperidinamine (N-phenylpiperidin-4-amine), its salts, derivatives and analogues and salts of derivatives and analogues, including:(1)4-anilino-1-boc-piperidine (tert-butyl 4-(phenylamino)piperidine-1-carboxylate)(2)4-fluoro anilino-1-boc-piperidine (tert-butyl 4-((4-fluorophenyl)amino)piperidine-1-carboxylate)(3)N-(4-fluorophenyl)-4-piperidinamine (N-(4-fluorophenyl)piperidin-4-amine)(4)4-bromo anilino-1-boc-piperidine (tert-butyl 4-((4-bromophenyl)amino)piperidine-1-carboxylate) | 032 | N1,N1,N2-trimethylcyclohexane-1,2-diamine and its salts | 033 | Benzylfentanyl (N-(1-benzylpiperidin-4-yl)-N-phenylpropionamide), its salts, derivatives and analogues and salts of derivatives and analogues | 034 | Phenethyl bromide ((2-bromoethyl)benzene) | 035 | Propionic anhydride (propanoic anhydride) | 036 | Phenethyl iodide ((2-iodoethyl)benzene) | 037 | Phenethyl chloride ((2-chloroethyl)benzene) | 038 | R 29676 (5-chloro-1-(piperidin-4-yl)-1,3-dihydro-2H-benzo[d]imidazol-2-one) and its salts | 0

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.