J.01.007.8. (1) Subject to subsection (2), the Minister shall revoke a dealer’s licence in accordance with section J.01.007.91 if
(a) the licence was issued on the basis of false or misleading information or false or falsified documents submitted in or with the application;
(b) the licensed dealer has failed to comply with a provision of the Act, a regulation under it or a term or condition of the licence or of an import or export permit issued under this Part;
(c) the licensed dealer is no longer an eligible person under section J.01.003.1;
(d) it is discovered that the individual in charge of the premises to which the licence applies, the qualified person in charge or, if applicable, the alternate qualified person in charge at those premises, 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 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 or the United Nations raises a reasonable belief that the licensed dealer has been involved in the diversion of a restricted drug to an illicit market or use.
(2) Unless it is necessary to do so to protect public health, safety, or security, including preventing a restricted drug from being diverted to an illicit market or use, the Minister shall not revoke a dealer’s licence under paragraph (1)(a) or (b) if the licensed dealer
(a) has no history of non-compliance with the Act and the regulations made or continued under it; and
(b) has carried out, or signed an undertaking to carry out, the necessary corrective measures to ensure compliance with the Act and these Regulations.
- SOR/2004-238, s. 33;
- SOR/2010-222, ss. 29, 35(F).
J.01.007.9. The Minister shall suspend a dealer’s licence without prior notice if it is necessary to do so to protect security, public health or safety, including preventing a restricted drug from being diverted to an illicit market or use.
- SOR/2004-238, s. 33;
- SOR/2010-222, s. 35(F).
J.01.007.91. (1) If the Minister proposes to refuse to issue, amend or renew, or proposes to revoke, a licence under this Part, the Minister shall
(a) send a notice to the applicant or to the holder of the licence, together with a written report that sets out the reasons for the proposed refusal or revocation; and
(b) give the applicant or holder an opportunity to be heard in respect of the proposed refusal or revocation.
(2) The suspension of a licence under this Part takes effect as soon as the Minister informs the holder of the licence of the decision to suspend and provides a written report that sets out the reasons for the suspension.
(3) A person who receives a notice of suspension referred to in subsection (2) may, in the 10 days following the receipt of the notice, provide the Minister with reasons why the suspension of the licence is unfounded.
- SOR/2004-238, s. 33.
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