Controlled Substances Regulations (SOR/2025-242)

Marginal note:Application

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  34 (1) A licensed dealer must submit to the Minister, before each importation of a controlled substance, an application for an import permit that contains the following information:

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    (a) their name and, if applicable, title, as well as their municipal address;

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

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

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    (d) the name of the customs office where the importation is anticipated and the proposed date of importation;

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    (e) the name and municipal address, in the country of export, of the exporter from whom the controlled substance is being obtained;

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    (f) the name of the carrier that is proposed to transport the controlled substance to the customs office where the importation is anticipated;

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    (g) each proposed mode of transportation and any proposed country of transit or transhipment;

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    (h) in the case of a controlled substance set out in any of Schedules 1 to 4,

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

    • (ii) its CAS registry number, if any,

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

    • (iv) its form,

    • (v) its purity and anhydrous content, and

    • (vi) its quantity; and

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    (i) in the case of a mixture or finished product,

    • (i) its name or, if applicable, brand name, as well as the name of the controlled substance it contains,

    • (ii) its form, its strength, the number of containers and, if applicable, the number of units per container, and

    • (iii) its drug identification number, if any.

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  Marginal note:Signature and attestation

  (2) The application must

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    (a) be signed and dated by the qualified person in charge or an alternate qualified person in charge; and

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    (b) include an attestation by that person that, to the best of their knowledge,

    • (i) the importation does not contravene the laws of the country of exportation or any country of transit or transhipment, and

    • (ii) all of the information and documents submitted in support of the application are correct and complete.

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  Marginal note:Additional information and documents

  (3) The licensed dealer must, not later than the date specified in the Minister’s written request to that effect, provide the Minister with any information or document that the Minister determines is necessary to complete the review of the application.

Marginal note:Issuance

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  35 (1) Subject to section 37, on completion of the review of the import permit application, the Minister must issue to the licensed dealer an import permit that contains

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    (a) the permit number;

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    (b) the information set out in subsection 34(1);

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    (c) the effective date of the permit;

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

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

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

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    (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 that a controlled substance could be diverted to an illicit market or use.

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  Marginal note:Permit integrity

  (2) A person must not alter or deface in any manner an import permit.

Marginal note:Validity

36 An import permit is valid until the earliest of

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

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  (b) the date of the suspension or revocation of the permit under section 40 or 41,

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  (c) the date of the suspension or revocation of the dealer’s licence under section 32 or 33, and

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  (d) the date of the expiry, suspension or revocation of the export authorization that applies to the controlled substance to be imported and that is issued by the competent authority in the country of export.

Marginal note:Refusal

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  37 (1) The Minister must refuse to issue an import permit if

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

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

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    (c) the licensed dealer does not have in place at the site the security measures set out in the Security Directive in respect of the importation;

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    (d) the licensed dealer has not provided the Minister with the information or documents required under subsection 34(3) or before the date specified in the written request referred to in that subsection, or the information or documents that the dealer has provided before that date are not sufficient to complete the review of the permit application;

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    (e) 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;

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    (f) the Minister has reasonable grounds to believe that the importation would contravene the laws of the country of export or any country of transit or transhipment; or

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    (g) 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 that a controlled substance could be diverted to an illicit market or use.

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  Marginal note:Prior notice

  (2) Before refusing to issue an import permit, the Minister must

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    (a) provide the licensed dealer with a prior written notice that sets out the Minister’s reasons and gives the dealer an opportunity to be heard; and

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    (b) consider the licensed dealer’s submissions, if applicable.

Marginal note:Providing copy of permit

38 The holder of an import permit must provide a copy of the permit to the customs office at the time of importation.

Marginal note:Declaration

39 The holder of an import permit must provide the Minister, within 15 days after the day of release of the controlled substance specified in the permit in accordance with the Customs Act, with a declaration that contains the following information:

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  (a) their name and, if applicable, title;

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  (b) their dealer’s licence number and the number of the import permit;

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  (c) the name of the customs office from which the controlled substance was released and the date of the release;

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  (d) in the case of a controlled substance set out in any of Schedules 1 to 4,

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

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

  • (iii) its form, and

  • (iv) its quantity; and

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  (e) in the case of a mixture or finished product,

  • (i) its name or, if applicable, brand name, as well as the name of the controlled substance it contains,

  • (ii) its form, its strength, the number of containers and, if applicable, the number of units per container, and

  • (iii) its drug identification number, if any.

Marginal note:Suspension

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  40 (1) Subject to subsection (2), the Minister must immediately suspend an import permit if

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    (a) the dealer’s licence is suspended;

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

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    (c) the Minister has reasonable grounds to believe that the importation would contravene the laws of the country of export or any country of transit or transhipment.

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  Marginal note:Notice

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

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    (a) sets out the reasons for the suspension;

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

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

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  Marginal note:Reinstatement of permit

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

Marginal note:Revocation

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  41 (1) The Minister must revoke an import permit if

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    (a) the dealer’s licence has been revoked;

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    (b) 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;

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    (c) the licensed dealer does not carry out the corrective measures specified by the Minister under paragraph 40(2)(c) by the specified date; or

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

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  Marginal note:Prior notice

  (2) Before revoking an import permit, the Minister must

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    (a) provide the licensed dealer with a prior written notice that sets out the Minister’s reasons and gives the dealer an opportunity to be heard; and

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    (b) consider the licensed dealer’s submissions, if applicable.

Marginal note:Application

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  42 (1) A licensed dealer must submit to the Minister, before each exportation of a controlled substance, an application for an export permit that contains the following information and document:

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    (a) their name and, if applicable, title, as well as their municipal address;

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

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

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    (d) the name of the customs office where the exportation is anticipated and the proposed date of exportation;

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    (e) the name and municipal address of the importer in the country of final destination;

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    (f) the name of the carrier that is proposed to transport the controlled substance from the customs office where the exportation is anticipated;

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    (g) each proposed mode of transportation and any proposed country of transit or transhipment;

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    (h) in the case of a controlled substance set out in any of Schedules 1 to 4,

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

    • (ii) its CAS registry number, if any,

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

    • (iv) its form,

    • (v) its purity and anhydrous content, and

    • (vi) its quantity;

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    (i) in the case of a mixture or finished product,

    • (i) its name or, if applicable, brand name, as well as the name of the controlled substance it contains,

    • (ii) its form, its strength, the number of containers and, if applicable, the number of units per container, and

    • (iii) its drug identification number, if any; and

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    (j) a copy of the import authorization issued by the competent authority in the country of final destination that sets out the name of the importer and the municipal address of their site in that country.

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  Marginal note:Signature and attestation

  (2) The application must

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    (a) be signed and dated by the qualified person in charge or an alternate qualified person in charge; and

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    (b) include an attestation by that person that, to the best of their knowledge,

    • (i) the exportation does not contravene the laws of the country of final destination or any country of transit or transhipment, and

    • (ii) all of the information and documents submitted in support of the application are correct and complete.

• The following provision is not in force.

  Marginal note:Additional information and documents

  (3) The licensed dealer must, not later than the date specified in the Minister’s written request to that effect, provide the Minister with any information or document that the Minister determines is necessary to complete the review of the application.