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Benzodiazepines and Other Targeted Substances Regulations (SOR/2000-217)

Regulations are current to 2022-11-16 and last amended on 2019-12-09. Previous Versions

Licensed Dealers (continued)

Export Permits (continued)

Marginal note:Issuance

 Subject to section 28.4, on completion of the review of the export permit application, the Minister must issue to the licensed dealer an export permit that contains

  • (a) the permit number;

  • (b) the information set out in paragraphs 28(1)(a) to (f);

  • (c) the effective date of the permit;

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

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

    • (ii) the expiry date of the dealer’s licence, and

    • (iii) the expiry date of the import permit issued by the competent authority in the country of final destination; and

  • (e) any terms and conditions that the Minister has reasonable grounds to believe are necessary to

    • (i) ensure that an international obligation is respected, or

    • (ii) reduce a risk to public health or safety, including the risk of a targeted substance being diverted to an illicit market or use.

Marginal note:Validity

 An export permit is valid until the earliest of

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

  • (b) the date of the suspension or revocation of the permit under section 29 or 30,

  • (c) the date of the suspension or revocation of the dealer’s licence under section 23 or 24, and

  • (d) the date of the expiry, suspension or revocation of the import permit that applies to the targeted substance to be exported and that is issued by the competent authority in the country of final destination.

Marginal note:Return of permit

 If an export permit expires, the licensed dealer must return the original of the permit to the Minister within 15 days after its expiry.

Marginal note:Refusal

  •  (1) The Minister must refuse to issue an export permit if

    • (a) the licensed dealer is not authorized by their dealer’s licence to export the relevant targeted substance or their dealer’s licence will expire before the date of export;

    • (b) the Minister has reasonable grounds to believe that the exportation would contravene an international obligation;

    • (c) the licensed dealer has not complied with the requirements of subsection 28(3) or the information or documents that they have provided are not sufficient to complete the review of the permit application;

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

    • (e) the licensed dealer has been notified that their application to renew or amend their licence will be refused;

    • (f) the Minister has reasonable grounds to believe that the exportation would not be in conformity with the import permit issued by the competent authority of the country of final destination;

    • (g) the Minister has reasonable grounds to believe that the exportation would contravene the laws of the country of final destination or any country of transit or transhipment; or

    • (h) the Minister has reasonable grounds to believe that the issuance of the permit would likely create a risk to public health or safety, including the risk of a targeted substance being diverted to an illicit market or use.

  • Marginal note:Notice

    (2) Before refusing to issue the export permit, 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.

Marginal note:Providing copy of permit

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

Marginal note:Declaration

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

  • (a) their name and the numbers of their dealer’s licence and the export permit that applies to the targeted substance;

  • (b) with respect to the targeted substance,

    • (i) its specified name, as set out in the dealer’s licence,

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

    • (iii) its quantity;

  • (c) if the targeted substance is contained in a product that they have exported,

    • (i) the brand name of the product,

    • (ii) the drug identification number that has been assigned to the product under section C.01.014.2 of the Food and Drug Regulations, if any, and

    • (iii) the strength per unit of the targeted substance in the product, the number of units per package and the number of packages; and

  • (d) the name of the customs office from which the targeted substance was exported and the date of export.

Marginal note:Suspension

  •  (1) The Minister must suspend an export permit without prior notice if

    • (a) the dealer’s licence is suspended;

    • (b) the Minister has reasonable grounds to believe that the suspension is necessary to protect public health or safety, including to prevent a targeted substance from being diverted to an illicit market or use; or

    • (c) the exportation would contravene the laws of the country of final destination, or any country of transit or transhipment.

  • 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 permit

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

Marginal note:Revocation

  •  (1) Subject to subsection (2), the Minister must revoke an export permit if

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

    • (b) the licensed dealer does not carry out the corrective measures specified by the Minister under paragraph 29(2)(c) by the specified date;

    • (c) the licensed dealer has contravened a term or condition of the permit;

    • (d) 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 the application for the permit;

    • (e) 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 targeted substance to an illicit market or use; or

    • (f) the dealer’s licence has been revoked.

  • Marginal note:Exceptions

    (2) The Minister must not revoke an export permit for a ground set out in paragraph (1)(d) or 24(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 targeted substance 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 an export permit, 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.

Marginal note:Return of permit

 If an export permit is revoked, the licensed dealer must return the original of the permit to the Minister within 15 days after the effective date of the revocation.

Identification

Marginal note:Name

 A licensed dealer must include their name, as set out in their dealer’s licence, on all the means by which they identify themself in regard to their activities in relation to targeted substances, including labels, orders, shipping documents, invoices and advertising.

Sale of Targeted Substances

Marginal note:Specified persons

  •  (1) Subject to subsection (2), a licensed dealer may sell or provide a targeted substance to

    • (a) another licensed dealer;

    • (b) a pharmacist;

    • (c) a practitioner;

    • (d) a hospital;

    • (e) a person to whom an exemption relating to the substance has been granted under section 56 of the Act; or

    • (f) the Minister.

  • Marginal note:Exception — pharmacist or practitioner named in notice

    (2) The licensed dealer must not sell or provide a targeted substance to a pharmacist or practitioner named in a notice issued under section 79, unless the dealer has received a notice of retraction issued under section 80.

Marginal note:Order required

  •  (1) A licensed dealer may sell or provide a targeted substance in accordance with section 32 if the dealer has received from one of the following persons a written or verbal order indicating the specified name and the quantity of the substance and, in the case of a written order, the conditions specified in subsection (2) are met:

    • (a) in the case of a licensed dealer, a person who is authorized to place an order for the substance on their behalf;

    • (b) in the case of a hospital, the pharmacist in charge of the hospital’s pharmacy or a practitioner authorized by the person in charge of the hospital to sign the order; or

    • (c) in any other case, the person to whom the substance is to be sold or provided.

  • Marginal note:Conditions

    (2) The following conditions apply to a written order:

    • (a) it must be signed and dated by one of the persons referred to in subsection (1); and

    • (b) the licensed dealer must verify the signature if it is unknown to them.

Marginal note:Anticipated multiple sales

  •  (1) A licensed dealer may sell or provide a targeted substance more than once in respect of one order if the order indicates

    • (a) the number of sales or provisions, not exceeding four;

    • (b) the specific quantity for each sale or provision; and

    • (c) the intervals between each sale and provision.

  • Marginal note:Multiple sales — insufficient stock

    (2) A licensed dealer may sell or provide a targeted substance more than once in respect of one order if, at the time of receipt of the order, the dealer temporarily does not have in stock the quantity of the substance ordered, in which case the dealer may sell or provide against the order the quantity of the substance that the dealer has available and deliver the balance later.

Packaging and Transportation

Marginal note:Packaging — sale and provision

  •  (1) A licensed dealer that sells or provides a targeted substance must securely package it in its immediate container, which must be sealed in such a manner that the container cannot be opened without breaking the seal.

  • Marginal note:Packaging — transport and export

    (2) A licensed dealer that transports or exports a targeted substance must ensure that its package is sealed in such a manner that the package cannot be opened without breaking the seal.

  • Marginal note:Exception

    (3) Subsection (1) does not apply to a test kit that contains a targeted substance and that has a registration number.

Marginal note:Transport

 A licensed dealer must, in taking delivery of a targeted substance that they have imported or in making delivery of a targeted substance,

  • (a) take any measures that are necessary to ensure the security of the targeted substance while it is being transported;

  • (b) in the case of an imported targeted substance, transport it directly to the site specified in their licence after it is released under the Customs Act; and

  • (c) in the case of a targeted substance that is to be exported, transport it directly from the site specified in their licence to the customs office where it will be exported.

 
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