GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Narcotic Control Regulations — 12.3
Refusal 12.3 (1) The Minister must refuse to amend a dealer’s licence if (a) an activity for which the amendment is requested would contravene an international obligation; (b) an activity for which the licence is requested is the cultivation, propagation or harvesting of opium poppy other than for scientific purposes; (c) the licensed dealer does not have in place at the site the security measures set out in the Security Directive in respect of an activity for which the amendment is requested; (d) the method referred to in paragraph 10(1)(j) does not permit the recording of information as required by section 28; (e) the licensed dealer has not complied with the requirements of subsection 12(3) or the information or documents that they have provided are not sufficient to complete the review of the amendment application; (f) 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 amendment application; or (g) the Minister has reasonable grounds to believe that the amendment of the licence would likely create a risk to public health or safety, including the risk of a narcotic being diverted to an illicit market or use. Exceptions (2) The Minister must not refuse to amend a licence under paragraph (1)(f) 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 narcotic 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. Notice (3) Before refusing to amend a licence, 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. SOR/2019-169, s. 3
Narcotic Control Regulations — 13
Application 13 (1) A licensed dealer must obtain the Minister’s approval before making any of the following changes by submitting a written application to the Minister: (a) a change affecting the security measures in place at the site specified in the dealer’s licence; (b) the replacement of the senior person in charge; (c) the replacement of the qualified person in charge; or (d) the replacement or addition of an alternate qualified person in charge. Information and documents (2) The licensed dealer must provide the Minister with the following with respect to a change referred to in subsection (1): (a) in the case of a change affecting the security measures in place at the site specified in the dealer’s licence, details of the change; (b) in the case of the senior person in charge, (i) the information specified in paragraph 10(1)(c), and (ii) the declaration specified in paragraph 10(2)(b) and the documents specified in paragraphs 10(2)(c) and (d); and (c) in the case of the qualified person in charge or an alternate qualified person in charge, (i) the information specified in paragraph 10(1)(d), and (ii) the declarations specified in paragraphs 10(2)(b) and (e) and the documents specified in paragraphs 10(2)(c), (d) and (f). 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. SOR/2004-237, s. 6; SOR/2010-221, s. 8 SOR/2019-169, s. 3
Narcotic Control Regulations — 13.1
Approval 13.1 (1) Subject to section 13.2, on completion of the review of the application for approval of the change, the Minister must approve the change. Terms and conditions (2) When approving a change, the Minister may, if he or she has reasonable grounds to believe that it is necessary to do so, add a term or condition to the licence or modify or delete one in order to (a) ensure that an international obligation is respected; (b) ensure conformity with the requirements associated with the security level specified in the licence; or (c) reduce a risk to public health or safety, including the risk of a narcotic being diverted to an illicit market or use. SOR/2010-221, s. 8; SOR/2014-260, s. 21 SOR/2019-169, s. 3
Narcotic Control Regulations — 13.2
Refusal 13.2 (1) The Minister must refuse to approve the change if (a) during the 10 years before the day on which the application for approval of the change is submitted, the proposed senior person in charge or qualified person in charge or any proposed alternate qualified person in charge was convicted as specified in subparagraph 9.3(a)(i) or (b)(i) or received a sentence as specified in subparagraph 9.3(a)(ii) or (b)(ii); (b) the licensed dealer has not complied with the requirements of subsection 13(3) or the information or documents that they have provided are not sufficient to complete the review of the application for approval of the change; (c) 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 application for approval of the change; or (d) the Minister has reasonable grounds to believe that the change would likely create a risk to public health or safety, including the risk of a narcotic being diverted to an illicit market or use. Exceptions (2) The Minister must not refuse to approve a change under paragraph (1)(c) if 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, 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 narcotic from being diverted to an illicit market or use. Notice (3) Before refusing to approve a change, 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 in respect of them. SOR/2010-221, s. 8 SOR/2019-169, s. 3
Narcotic Control Regulations — 14
Prior notice 14 (1) A licensed dealer must notify the Minister in writing before (a) manufacturing or assembling a product or compound that is not set out in the most recent version of the list referred to in paragraph 10(1)(f) that has been submitted to the Minister; or (b) making a change to a product or compound that is set out in the list, if the change affects any of the information that has previously been submitted. Information and list (2) The notice must contain the information referred to in paragraph 10(1)(f) that is necessary to update the list and be accompanied by the revised version of the list. SOR/2004-237, s. 7 SOR/2019-169, s. 3
Narcotic Control Regulations — 14.1
Notice — five days 14.1 A licensed dealer must notify the Minister in writing within five days after a person ceases to act as the qualified person in charge or an alternate qualified person in charge. SOR/2019-169, s. 3
Narcotic Control Regulations — 14.2
Notice — 10 days 14.2 (1) A licensed dealer must notify the Minister in writing within 10 days after one of the following changes occurs: (a) a person ceases to act as the senior person in charge; or (b) the licensed dealer ceases to manufacture or assemble a product or compound that is set out in the most recent version of the list referred to in paragraph 10(1)(f) that has been submitted to the Minister. Information and list (2) A notice submitted under paragraph (1)(b) must specify which information referred to in paragraph 10(1)(f) is being changed and be accompanied by the revised version of the list. SOR/2019-169, s. 3
Narcotic Control Regulations — 14.3
Notice of cessation of activities 14.3 (1) A licensed dealer that intends to cease conducting activities at their site — whether on or before the expiry of their licence — must notify the Minister in writing to that effect at least 30 days before ceasing those activities. Content of notice (2) The notice must be signed and dated by the senior person in charge and contain the following information: (a) the expected date of the cessation of activities at the site; (b) a description of the manner in which any remaining narcotics on the site as of that date will be disposed of by the licensed dealer, including (i) if some or all of them will be sold or provided to another licensed dealer that will be conducting activities at the same site, the name of that dealer, (ii) if some or all of them will be sold or provided to another licensed dealer that will not be conducting activities at the same site, the name of that dealer and the municipal address of their site, and (iii) if some or all of them will be destroyed, the date on which and the municipal address of the location at which the destruction is to take place; (c) the municipal address of the location at which the licensed dealer’s documents will be kept after activities have ceased; and (d) the name, municipal address, telephone number and, if applicable, the email address of a person who the Minister may contact for further information after activities have ceased. Update (3) After having ceased to conduct the activities, the licensed dealer must submit to the Minister a detailed update of the information referred to in subsection (2) if it differs from what was set out in the notice. The update must be signed and dated by the senior person in charge. SOR/2019-169, s. 3
Narcotic Control Regulations — 15
Addition of or modification to term or condition 15 (1) The Minister may, at any time other than at the issuance, renewal or amendment of a dealer’s licence, add a term or condition to it or modify one if the Minister has reasonable grounds to believe that it is necessary to do so to (a) ensure that an international obligation is respected; (b) ensure conformity with the requirements associated with the security level specified in the licence; or (c) reduce a risk to public health or safety, including the risk of a narcotic being diverted to an illicit market or use. Notice (2) Before adding a term or condition to a licence or modifying one, 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. Urgent circumstances (3) Despite subsection (2), the Minister may add a term or condition to a licence or modify one without prior notice if the Minister has reasonable grounds to believe that it is necessary to do so to protect public health or safety, including to prevent a narcotic from being diverted to an illicit market or use. Urgent circumstances — notice (4) The addition or modification of a term or condition that is made under subsection (3) takes effect as soon as the Minister sends the licensed dealer a notice that (a) sets out the reasons for the addition or modification; (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. SOR/2004-237, s. 8 SOR/2019-169, s. 3
Narcotic Control Regulations — 15.1
Deletion of term or condition 15.1 (1) The Minister may delete a term or condition of a dealer’s licence that the Minister determines is no longer necessary. Notice (2) The deletion takes effect as soon as the Minister sends the licensed dealer a notice to that effect. SOR/2019-169, s. 3
Narcotic Control Regulations — 16
Suspension 16 (1) The Minister must suspend a dealer’s licence without prior notice if the Minister has reasonable grounds to believe that it is necessary to do so to protect public health or safety, including to prevent a narcotic from being diverted to an illicit market or use. 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. Reinstatement of licence (3) The Minister must reinstate the licence if the Minister has reasonable grounds to believe that the suspension is no longer necessary. SOR/2004-237, s. 9; SOR/2010-221, s. 9 SOR/2019-169, s. 3
Narcotic Control Regulations — 17
Revocation 17 (1) Subject to subsection (2), the Minister must revoke a dealer’s licence if (a) the licensed dealer is no longer eligible to apply for a licence under section 9; (b) the licensed dealer requests the Minister to do so or informs the Minister of the loss or theft of the licence or the actual or potential unauthorized use of the licence; (c) the licensed dealer ceases to conduct activities at their site before the expiry of their licence; (d) the licensed dealer does not take the corrective measures specified in an undertaking or notice; (e) the licensed dealer has contravened (i) a provision of the Act, the Cannabis Act or their regulations, or (ii) a term or condition of a licence or permit issued to the dealer under a regulation made under the Act or issued to the dealer under the Cannabis Act or its regulations; (f) during the 10 years before the day on which the application is submitted, the senior person in charge, the qualified person in charge or any alternate qualified person in charge was convicted as specified in subparagraph 9.3(a)(i) or (b)(i) or received a sentence as specified in subparagraph 9.3(a)(ii) or (b)(ii); (g) 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 an application relating to the licence; or (h) 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 narcotic to an illicit market or use. Exceptions (2) The Minister must not revoke a dealer’s licence for a ground set out in paragraph (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 narcotic 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. Notice (3) Before revoking a licence, 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. SOR/2019-169, s. 3
Narcotic Control Regulations — 17.1
Return of licence 17.1 The licensed dealer must return the original of the licence to the Minister within 15 days after the effective date of the revocation. SOR/2019-169, s. 3
Narcotic Control Regulations — 18
Application 18 (1) A licensed dealer must submit to the Minister, before each importation of a narcotic, an application for an import permit that contains the following information: (a) their name, municipal address and dealer’s licence number; (b) with respect to the narcotic to be imported, (i) its name, as specified 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 narcotic is contained in a product to be imported, (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 narcotic in the product, the number of units per package and the number of packages; (d) the name and municipal address of the exporter in the country of export from whom the narcotic is being obtained; (e) the name of the customs office where the importation is anticipated; and (f) each proposed mode of transportation and any proposed country of transit or transhipment. 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 all of the information submitted in support of the application is correct and complete to the best of their knowledge. 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. SOR/2019-169, s. 3
Narcotic Control Regulations — 18.1
Issuance 18.1 Subject to section 18.4, on completion of the review of the import permit application, the Minister must issue to the licensed dealer an import permit that contains (a) the permit number; (b) the information set out in subsection 18(1); (c) the effective date of the permit; (d) the expiry date of the permit, being the earlier of (i) a date specified by the Minister that is not more than 180 days after its effective date, and (ii) the expiry date of the dealer’s licence; 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 narcotic being diverted to an illicit market or use. SOR/2019-169, s. 3
Narcotic Control Regulations — 18.2
Validity 18.2 An import 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 19 or 20, (c) the date of the suspension or revocation of the dealer’s licence under section 16 or 17, and (d) the date of the suspension or revocation of the export permit that applies to the narcotic to be imported and that is issued by the competent authority in the country of export. SOR/2019-169, s. 3
Narcotic Control Regulations — 18.3
Return of permit 18.3 If an import permit expires, the licensed dealer must return the original of the permit to the Minister within 15 days after its expiry. SOR/2019-169, s. 3
Narcotic Control Regulations — 18.4
Refusal 18.4 (1) The Minister must refuse to issue an import permit if (a) the licensed dealer is not authorized by their dealer’s licence to import the relevant narcotic or their licence will expire before the date of importation; (b) the Minister has reasonable grounds to believe that the importation would contravene an international obligation; (c) the licensed dealer does not have in place at the site the security measures set out in the Security Directive in respect of the importation; (d) the licensed dealer has not complied with the requirements of subsection 18(3) or the information or documents that they have provided are not sufficient to complete the review of the permit application; (e) 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; (f) the licensed dealer has been notified that their application to renew or amend their licence will be refused; (g) the Minister has reasonable grounds to believe that the importation would contravene the laws of the country of export 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 narcotic being diverted to an illicit market or use. Notice (2) Before refusing to issue the import 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. SOR/2019-169, s. 3
Narcotic Control Regulations — 18.5
Providing copy of permit 18.5 The holder of an import permit must provide a copy of the permit to the customs office at the time of importation. SOR/2019-169, s. 3
Narcotic Control Regulations — 18.6
Declaration 18.6 The holder of an import permit must provide the Minister, within 15 days after the day of release of the narcotic specified in the permit in accordance with the Customs Act , with a declaration that contains the following information: (a) their name and the numbers of their dealer’s licence and the import permit that applies to the narcotic; (b) with respect to the narcotic, (i) its 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 narcotic is contained in a product that they have imported, (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 narcotic 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 narcotic was released and the date of the release. SOR/2019-169, s. 3
Narcotic Control Regulations — 19
Suspension 19 (1) The Minister must suspend an import 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 narcotic from being diverted to an illicit market or use; or (c) the importation would contravene the laws of the country of export or any country of transit or transhipment. 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. Reinstatement of permit (3) The Minister must reinstate the import permit if the Minister has reasonable grounds to believe that the suspension is no longer necessary. SOR/2004-237, s. 10; SOR/2010-221, s. 10 SOR/2019-169, s. 3