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

Marginal note:Refusal of permit

44. The Minister must refuse to issue an export permit if

• (a) with respect to the application for the permit, there exists a circumstance described in any of paragraphs 22(c) to (e) or (h), with any modifications that the circumstances require;

• (b) the applicant does not hold a dealer’s licence for the targeted substance to be exported or holds a dealer’s licence that will expire before the date of export;

• (c) the applicant has been notified in accordance with paragraph 10(1)(a) that one of the following applications submitted by the applicant with respect to the dealer’s licence under which the targeted substance would be exported is to be refused under section 22:

  • (i) an application made under section 20 for a dealer’s licence,

  • (ii) an application made under section 24 to renew a dealer’s licence, or

  • (iii) an application made under section 25 for the amendment of a dealer’s licence;

• (d) the Minister has reasonable grounds to believe that the shipment for which the permit is requested would contravene a requirement of the laws of the country of final destination or any country of transit or transhipment; or

• (e) the shipment would not be in conformity with the import permit issued by a competent authority of the country of final destination.

Marginal note:Copy of the permit

45. The holder of an export permit for a targeted substance must provide a copy of the permit to the customs office, sufferance warehouse or bonded warehouse, as the case may be, at the port of exit at the time of exportation.

Marginal note:Required information

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

• (a) the name of the licensed dealer and the numbers of the dealer’s licence and export permit with respect to the shipment;

• (b) the date of export;

• (c) the specified name or brand name of the exported targeted substance; and

• (d) the quantity and, if applicable, the strength per unit of the exported targeted substance.

Marginal note:Revocation

• 47. (1) The Minister must revoke an export permit at the request of the holder or if the holder informs the Minister that the permit has been lost or stolen.

• Marginal note:Other revocation circumstances

  (2) Subject to subsection (3), the Minister must revoke an export permit in accordance with subsection 10(1) in the following circumstances:

  • (a) there exists a circumstance described in any of paragraphs 28(1)(a) to (d) with respect to the dealer’s licence under which the targeted substance would be exported; or

  • (b) the export permit was issued on the basis of false or misleading information or false or falsified documents submitted in or with the application;

• Marginal note:Exceptions

  (3) Unless it is necessary to do so to protect security, public health or safety, including preventing the targeted substance from being diverted to an illicit market or use, the Minister must not revoke an export permit in the circumstances described in paragraph (2)(b), 28(1)(a) or 28(1)(b) if the holder of the permit meets the conditions referred to in paragraphs 28(2)(a) and (b) with any modifications that the circumstances require.

• Marginal note:Suspension without prior notice

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

  • (a) the permit holder’s dealer’s licence that applies to the targeted substance being exported has expired or has been suspended or revoked;

  • (b) the Minister has reasonable grounds to believe that it is necessary to do so to protect security, public health or safety including preventing the targeted substance from being diverted to an illicit market or use;

  • (c) the exportation is not in conformity with an import permit issued by a competent authority of the country of final destination; or

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