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

Marginal note:Return of permit

27.1 If an import permit is revoked, the licensed dealer must return the original of the permit to the Minister within 15 days after the effective date of the revocation.

Export Permits

Marginal note:Application

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

  • (a) their name, municipal address and dealer’s licence number;

  • (b) with respect to the targeted substance to be exported,

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

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

    • (iii) its quantity, and

    • (iv) in the case of a raw material, its purity and its anhydrous content;

  • (c) if the targeted substance is contained in a product to be exported,

    • (i) the brand name of the product,

    • (ii) the drug identification number that has been assigned to the product under section C.01.014.2 of the Food and Drug Regulations, if any, and

    • (iii) the strength per unit of the targeted substance in the product, the number of units per package and the number of packages; and

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

  • (e) the name of the customs office where the exportation is anticipated;

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

  • (g) a copy of the import permit 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.

• Marginal note:Signature and attestation

  (2) The application must

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

  • (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.

• 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

28.1 Subject to section 28.4, on completion of the review of the export permit application, the Minister must issue to the licensed dealer an export permit that contains

• (a) the permit number;

• (b) the information set out in paragraphs 28(1)(a) to (f);

• (c) the effective date of the permit;

• (d) the expiry date of the permit, being the earliest of

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

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

  • (iii) the expiry date of the import permit issued by the competent authority in the country of final destination; and

• (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 of a targeted substance being diverted to an illicit market or use.

Marginal note:Validity

28.2 An export permit is valid until the earliest of

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

• (b) the date of the suspension or revocation of the permit under section 29 or 30,

• (c) the date of the suspension or revocation of the dealer’s licence under section 23 or 24, and

• (d) the date of the expiry, suspension or revocation of the import permit that applies to the targeted substance to be exported and that is issued by the competent authority in the country of final destination.

Marginal note:Return of permit

28.3 If an export permit expires, the licensed dealer must return the original of the permit to the Minister within 15 days after its expiry.

Marginal note:Refusal

• 28.4 (1) The Minister must refuse to issue an export permit if

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

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

  • (c) the licensed dealer has not complied with the requirements of subsection 28(3) or the information or documents that they have provided are not sufficient to complete the review of the permit application;

  • (d) 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;

  • (e) the licensed dealer has been notified that their application to renew or amend their licence will be refused;

  • (f) the Minister has reasonable grounds to believe that the exportation would not be in conformity with the import permit issued by the competent authority of the country of final destination;

  • (g) the Minister has reasonable grounds to believe that the exportation would contravene the laws of the country of final destination or any country of transit or transhipment; or

  • (h) 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 of a targeted substance being diverted to an illicit market or use.

• Marginal note:Notice

  (2) Before refusing to issue the export permit, the Minister must send the licensed dealer a notice that sets out the Minister’s reasons and gives the dealer an opportunity to be heard.

Marginal note:Providing copy of permit

28.5 The holder of an export permit must provide a copy of the permit to the customs office at the time of exportation.

Marginal note:Declaration

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

• (a) their name and the numbers of their dealer’s licence and the export permit that applies to the targeted substance;

• (b) with respect to the targeted substance,

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

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

  • (iii) its quantity;

• (c) if the targeted substance is contained in a product that they have exported,

  • (i) the brand name of the product,

  • (ii) the drug identification number that has been assigned to the product under section C.01.014.2 of the Food and Drug Regulations, if any, and

  • (iii) the strength per unit of the targeted substance in the product, the number of units per package and the number of packages; and

• (d) the name of the customs office from which the targeted substance was exported and the date of export.

Marginal note:Suspension

• 29 (1) The Minister must suspend an export permit without prior notice if

  • (a) the dealer’s licence is suspended;

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

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

• Marginal note:Notice

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

  • (a) sets out the reasons for the suspension;

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

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

• Marginal note:Reinstatement of permit

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

Marginal note:Revocation

• 30 (1) Subject to subsection (2), the Minister must revoke an export permit if

  • (a) 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;

  • (b) the licensed dealer does not carry out the corrective measures specified by the Minister under paragraph 29(2)(c) by the specified date;

  • (c) the licensed dealer has contravened a term or condition of the permit;

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

  • (e) information received from a competent authority or the United Nations gives the Minister reasonable grounds to believe that the licensed dealer has been involved in the diversion of a targeted substance to an illicit market or use; or

  • (f) the dealer’s licence has been revoked.

• Marginal note:Exceptions

  (2) The Minister must not revoke an export permit for a ground set out in paragraph (1)(d) or 24(1)(e) or (g) if the licensed dealer meets the following conditions, unless the Minister has reasonable grounds to believe that it is necessary to do so to protect public health or safety, including to prevent a targeted substance from being diverted to an illicit market or use:

  • (a) the licensed dealer does not have a history of non-compliance with the Act, the Cannabis Act or their regulations; and

  • (b) the licensed dealer has carried out, or signed an undertaking to carry out, the necessary corrective measures to ensure compliance with the Act, the Cannabis Act and their regulations.

• Marginal note:Notice

  (3) Before revoking an export permit, the Minister must send the licensed dealer a notice that sets out the Minister’s reasons and gives the dealer an opportunity to be heard.