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Food and Drug Regulations (C.R.C., c. 870)

Regulations are current to 2020-07-28 and last amended on 2015-06-13. Previous Versions

Test Kits Containing Restricted Drugs

 [Repealed, SOR/2019-171, s. 22]

 [Repealed, SOR/2019-171, s. 22]

 [Repealed, SOR/2019-171, s. 22]

 [Repealed, SOR/2019-171, s. 22]

Prescribed Manner of Notice of Application for an Order of Restoration

Marginal note:Suspension

  •  (1) The Minister must suspend a dealer’s licence without prior notice if the Minister has reasonable grounds to believe that it is necessary to do so to protect public health or safety, including to prevent a restricted drug from being diverted to an illicit market or use.

  • Marginal note:Notice

    (2) The suspension takes effect as soon as the Minister sends the licensed dealer a notice that

    • (a) sets out the reasons for the suspension;

    • (b) gives the dealer an opportunity to be heard; and

    • (c) if applicable, specifies the corrective measures that must be carried out and the date by which they must be carried out.

  • Marginal note:Reinstatement of licence

    (3) The Minister must reinstate the licence if the Minister has reasonable grounds to believe that the suspension is no longer necessary.

  • SOR/97-228, s. 24
  • SOR/2019-171, s. 22

Marginal note:Revocation

  •  (1) Subject to subsection (2), the Minister must revoke a dealer’s licence if

    • (a) the licensed dealer may no longer apply for a licence under section J.01.010;

    • (b) the licensed dealer requests the Minister to do so or informs the Minister of the loss or theft of the licence or the actual or potential unauthorized use of the licence;

    • (c) the licensed dealer ceases to conduct activities at their site before the expiry of their licence;

    • (d) the licensed dealer does not take the corrective measures specified in an undertaking or notice;

    • (e) the licensed dealer has contravened

      • (i) a provision of the Act, the Cannabis Act or their regulations, or

      • (ii) a term or condition of a licence or permit issued to the dealer under a regulation made under the Act or issued to the dealer under the Cannabis Act or its regulations;

    • (f) during the 10 years before the day on which the licence is revoked, the senior person in charge, the qualified person in charge or any alternate qualified person in charge was convicted as specified in subparagraph J.01.013(a)(i) or (b)(i) or received a sentence as specified in subparagraph J.01.013(a)(ii) or (b)(ii);

    • (g) the Minister has reasonable grounds to believe that the licensed dealer submitted false or misleading information or false or falsified documents in or in support of an application relating to the licence; or

    • (h) information received from a competent authority or the United Nations gives the Minister reasonable grounds to believe that the licensed dealer has been involved in the diversion of a restricted drug to an illicit market or use.

  • Marginal note:Exceptions

    (2) The Minister must not revoke a dealer’s licence for a ground set out in paragraph (1)(e) or (g) if the licensed dealer meets the following conditions, unless the Minister has reasonable grounds to believe that it is necessary to do so to protect public health or safety, including to prevent a restricted drug from being diverted to an illicit market or use:

    • (a) the licensed dealer does not have a history of non-compliance with the Act, the Cannabis Act or their regulations; and

    • (b) the licensed dealer has carried out, or signed an undertaking to carry out, the necessary corrective measures to ensure compliance with the Act, the Cannabis Act and their regulations.

  • Marginal note:Notice

    (3) Before revoking a licence, the Minister must send the licensed dealer a notice that sets out the Minister’s reasons and gives the dealer an opportunity to be heard.

  • SOR/97-228, s. 25
  • SOR/2019-171, s. 22
 
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