Precursor Control Regulations (SOR/2002-359)

12. To be eligible to apply for a licence, 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.

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

• (2) A licensed dealer must designate a responsible person in charge, who may, if appropriate, be the senior person in charge, to work at the site set out in the licence and have responsibility for supervising, on behalf of the licensed dealer, the licensed dealer’s Class A precursor activities at the site and for ensuring that the activities comply with these Regulations.

• (3) A licensed dealer may designate an alternate responsible person in charge to work at the site set out in the licence and have authority to replace the responsible person in charge when that person is absent.

• (4) The senior person in charge, responsible person in charge and the alternate responsible person in charge

  • (a) must be familiar with the provisions of the Act and these Regulations that apply to the licence held by the licensed dealer by whom they are designated; 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).

• (5) The responsible person in charge and the alternate responsible person in charge must have sufficient knowledge concerning the use and handling of Class A precursors to which the licence applies, including the risk of those precursors being diverted to an illicit market or use, to enable them to properly perform their responsibilities.

• 14. (1) An application for a licence or to renew a licence pertaining to a Class A precursor shall be made to the Minister and contain the following information

  • (a) the applicant’s name or, if the applicant is a corporation, its corporate name, any other registered name with a province and any other trade name under which the applicant intends to carry out the activities set out in the licence or intends to identify itself;

  • (a.1) a description of the nature of the business conducted or intended to be conducted by the applicant;

  • (a.2) the length of time, if any, the applicant has been in business;

  • (b) for each Class A precursor sought to be licensed,

    • (i) its name, if any, otherwise a description of its chemical composition,

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

    • (iii) if it is a preparation or mixture, its brand name, if any, and the names of all precursors set out in Part 1 of Schedule VI to the Act that it contains;

    • (iv) if it is a drug containing a precursor for which a drug identification number has been assigned under section C.01.014.2 of the Food and Drug Regulations, the drug identification number, and

    • (v) if it is a natural health product containing a precursor for which a product number has been assigned under section 8 of the Natural Health Products Regulations, the product number;

  • (c) for each precursor mentioned in the application,

    • (i) the Class A precursor activity referred to in section 6 that is sought to be licensed and that would be conducted at the site to which the licence would apply,

    • (ii) the names of the persons from whom the applicant intends to obtain the precursor, if applicable, and

    • (iii) the type of clientele to whom the applicant intends to supply the precursor;

  • (c.1) if an establishment licence under section C.01A.008 of the Food and Drug Regulations has been issued to the applicant in respect of a Class A precursor, the number of the licence;

  • (c.2) if a site licence under section 29 or 36 of the Natural Health Products Regulations has been issued to the applicant in respect of a Class A precursor, the number of the licence;

  • (d) the address, telephone number, facsimile transmission number and e-mail address of the site sought to be licensed and each building within the site where the activity sought to be licensed is to be carried out;

  • (e) the postal address for the site and each building referred to in paragraph (d), if different from the address provided under that paragraph;

  • (f) the name, date of birth, gender, position with the applicant, telephone number, facsimile transmission number and e-mail address of the senior person in charge for the site;

  • (g) the name, date of birth and gender of the responsible person in charge for the site and the alternate responsible person in charge, if any;

  • (h) a description of the proposed security measures to be used at the site and when a precursor is transported, sent or delivered, including the measures required under subsection 9(2), section 83 and subsection 85(3);

  • (i) a description of the internal controls proposed with respect to precursor activities at the site; and

  • (j) in the case of an application to renew, the number of the licence sought to be renewed.

• (2) If the applicant intends to engage in an activity referred to in section 6 respecting Class A precursors at more than one site, a separate application must be made for each site.

• (3) The application for a licence or its renewal must

  • (a) be signed by the senior person in charge for the site mentioned in the application; and

  • (b) include a statement that

    • (i) the information and documents provided in the application are correct and complete to the best of the knowledge of the signatory, and

    • (ii) the signatory has the authority to bind the applicant.

• (4) An application for a licence or its renewal must be accompanied by

  • (a) declarations signed by the senior person in charge, the responsible person in charge and the alternate responsible person in charge, if any, stating that they have not, as an adult, been convicted 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);

  • (b) a document issued by a Canadian police force with respect to each of the persons referred to in paragraph (a), setting out the person’s criminal record for the previous 10 years, as an adult, in respect of designated drug offences and designated criminal offences, or indicating that the person has no such record;

  • (c) if any of the persons mentioned in paragraph (a) has ordinarily resided in a country other than Canada in the preceding 10 years, a document issued by a police force of that country setting out the person’s criminal record for the previous 10 years, as an adult, in respect of an offence that would have constituted a designated criminal offence or a designated drug offence if committed in Canada, or indicating that the person has no such record; and

  • (d) if applicable, a copy of

    • (i) the certificate of incorporation or other constituting instrument for the applicant, and

    • (ii) any document filed with the province in which the site sought to be licensed is located that states the applicant’s corporate name and any other name registered with the province under which the applicant will carry out the activities set out in the licence or will identify itself.

• (5) The documents referred to in paragraphs (4)(b) and (c) are not required if the persons referred to in those paragraphs consent in writing

  • (a) to having a criminal record check carried out for them, as an adult, in respect of the offences mentioned in those paragraphs during the preceding 10 years;

  • (b) to provide all information and to submit to any means of identification required to obtain the criminal record check; and

  • (c) to pay the fee established by the Royal Canadian Mounted Police, Criminal Record Verification for Civil Purposes Fee Regulations.