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Benzodiazepines and Other Targeted Substances Regulations

Version of section 34 from 2014-11-07 to 2019-12-08:

Marginal note:Application for approval to destroy

  •  (1) To apply for the Minister’s approval to destroy a targeted substance, a licensed dealer must submit the following information to the Minister:

    • (a) the proposed date of destruction;

    • (b) the location of destruction;

    • (c) a brief outline of the method of destruction;

    • (d) the names and qualifications of the witnesses;

    • (e) a list of the targeted substances to be destroyed, including the specified name and, if applicable, the brand name;

    • (f) the strength per unit, form and quantity of each targeted substance to be destroyed, including, if applicable, the number of units per package and the number of packages; and

    • (g) the name, address and licence number of the licensed dealer.

  • Marginal note:Statement by signatory

    (2) An application for the Minister’s approval for the destruction of a targeted substance must

    • (a) be signed by the qualified person in charge or, if applicable, the alternate qualified person in charge at the premises specified in the dealer’s licence;

    • (b) include a statement indicating that the proposed method of destruction conforms with all applicable federal, provincial and municipal environmental legislation in the location where the targeted substance is to be destroyed; and

    • (c) indicate that all information submitted in support of the application is correct and complete to the best of the signatory’s knowledge.

  • Marginal note:Approval by Minister

    (3) The Minister must approve the destruction of the targeted substance unless the Minister has reasonable grounds to believe that

    • (a) false or misleading information or false or falsified documents have been submitted in or with the application;

    • (b) a proposed witness is not qualified under subsection 33(2);

    • (c) the targeted substance or a portion of it is required for the purposes of a criminal or administrative investigation, or any preliminary inquiry, trial or other proceeding under any Act or regulations thereunder;

    • (d) approval for the destruction would likely create a risk to security, public health or safety, including the risk of the targeted substance being diverted to an illicit market or use; or

    • (e) the targeted substance will not be destroyed within the meaning of subsection 1(2).

  • SOR/2010-223, ss. 14, 42(E)
  • SOR/2014-260, s. 39(F)

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