Precursor Control Regulations (SOR/2002-359)

56. A person who uses a Class B precursor that is described in section 55 or is the subject of an authorization certificate under section 77, to produce another Class B precursor that is a preparation or mixture, is exempt from the requirements of these Regulations in respect of that production.

• 57. (1) No person other than a registered dealer may produce a Class B precursor for the purpose of sale or provision.

• (2) A registered dealer may import a Class B precursor.

• (3) Subject to subsection (4), a registered dealer may export a Class B precursor and may possess the precursor for the purpose of the export.

• (4) In the case of a country named in a table referred to in paragraph (a) or (b) and a Class B precursor identified in the table as one requiring notice of pre-exportation to that country, a registered dealer may only export the Class B precursor to the country if the registered dealer holds a Class B export permit in respect of the precursor and complies with the terms and conditions of the permit:

  • (a) the table entitled “Governments that have requested pre-export notifications pursuant to article 12, paragraph 10(a), of the 1988 Convention”, contained in the most recent INCB annual report concerning the implementation of article 12 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988; or

  • (b) the table entitled Supplementary Table of Countries Requiring Pre-Export Notification With Regard to Class B Precursors, published by the Department of Health, as amended from time to time, listing the countries that, according to notification from the INCB to the Minister since publication of the most recent annual report referred to in paragraph (a), have made a formal request to the United Nations to receive notice of pre-exportation in respect of the shipment to the country of Class B precursors.

57.1 Despite section 57, with respect to a Class B precursor that is a preparation or mixture, a person may import, export or possess for those purposes if

• (a) the preparation or mixture is the subject of an authorization certificate under section 77; and

• (b) no notice indicating that the certificate has been revoked or is under suspension appears on the following Health Canada Internet site:

  http://www.hc-sc.gc.ca/dhp-mps/substancontrol/index_e.html

58. To be eligible to apply for registration, a person must be

• (a) an individual who ordinarily resides in Canada; or

• (b) a corporation that has its head office or a branch office in Canada.

• 59. (1) A registered dealer must designate a senior person in charge, who may, if appropriate, be the registered dealer, to have overall responsibility for management of the registered dealer’s Class B precursor activities.

• (2) A registered dealer must designate a contact person, for each site where the registered dealer conducts Class B precursor activities, to work at the site, who may, if appropriate, be the senior person in charge, and who has good knowledge of the Class B precursor activities carried out at the site and the use and handling of the relevant precursors including the risk of those precursors being diverted to an illicit market or use.

• (3) The senior person in charge

  • (a) must be familiar with the provisions of the Act and these Regulations that apply to the registered dealer’s Class B precursor activities and have sufficient knowledge concerning the use and handling of the Class B precursors dealt with by the registered dealer to which the registration applies, including the risk of those precursors being diverted to an illicit market or use, to enable them to properly perform their responsibilities; and

  • (b) must not have 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 of Canada that, if committed in Canada, would have constituted an offence referred to in subparagraph (i) or (ii).