GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Controlled Substances Regulations — 20
Amendment 20 (1) Subject to section 22 , on completion of the review of the amendment application, the Minister must amend the dealer’s licence. Terms or conditions (2) When amending a dealer’s licence, the Minister may, if the Minister has reasonable grounds to believe that it is necessary to do so, add a term or condition to it or modify or delete a term or condition 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 the new level required as a result of the amendment; or (c) reduce a risk to public health or safety, including the risk that a controlled substance could be diverted to an illicit market or use.
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Validity 21 An amended dealer’s licence is valid until the expiry date set out in the licence or, if it is earlier, the date of the suspension or revocation of the licence under section 32 or 33 .
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Refusal 22 (1) The Minister must refuse to amend a dealer’s licence if (a) the licensed dealer no longer meets the requirement set out in subsection 7 (2); (b) during the 10 years before the day on which the amendment application is submitted, the senior person in charge or qualified person in charge or any alternate qualified person in charge was convicted as specified in subparagraph 10 (1)(a)(i) or (b)(i) or received a sentence as specified in subparagraph 10 (1)(a)(ii) or (b)(ii); (c) an activity for which the amendment is requested would contravene an international obligation; (d) in the case of a narcotic, an activity for which the amendment is requested is the cultivation, propagation or harvesting of opium poppy other than for scientific purposes; (e) 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; (f) the method referred to in paragraph 11 (1)(j) does not permit the recording of information as required under section 86 ; (g) the licensed dealer has not provided the Minister with the information or documents required under subsection 19 (3) or before the date specified in the written request referred to in that subsection, or the information or documents that the dealer has provided before that date are not sufficient to complete the review of the amendment application; (h) 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 (i) 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 that a controlled substance could be diverted to an illicit market or use. Exceptions (2) The Minister must not refuse to amend a licence under paragraph (1)(h) 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 controlled substance from being diverted to an illicit market or use: (a) the licensed dealer does not have a history of non-compliance with the provisions of 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 provisions of the Act, the Cannabis Act and their regulations. Prior notice (3) Before refusing to amend a licence, the Minister must (a) provide the licensed dealer with a prior written notice that sets out the Minister’s reasons and gives the dealer an opportunity to be heard; and (b) consider the licensed dealer’s submissions, if applicable.
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Application 23 (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) a change affecting the method of recording information referred to in paragraph 11 (1)(j); (c) the replacement of the senior person in charge; (d) the replacement of the qualified person in charge; or (e) 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 or the method of recording information referred to in paragraph 11 (1)(j), details of the change; (b) in the case of a replacement of the senior person in charge, (i) the information specified in paragraph 11 (1)(c), and (ii) the documents specified in paragraphs 11 (2)(b) to (e); and (c) in the case of a replacement of the qualified person in charge or a replacement or addition of an alternate qualified person in charge, (i) the information specified in paragraph 11 (1)(d), and (ii) the documents specified in paragraphs 11 (2)(b) to (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.
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Approval 24 (1) Subject to section 25 , on completion of the review of the application for approval of the change, the Minister must approve the change. Terms or conditions (2) When approving a change, the Minister may, if the Minister has reasonable grounds to believe that it is necessary to do so, add a term or condition to the licence or modify or delete a term or condition 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 that a controlled substance could be diverted to an illicit market or use.
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Refusal 25 (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 10 (1)(a)(i) or (b)(i) or received a sentence as specified in subparagraph 10 (1)(a)(ii) or (b)(ii); (b) the licensed dealer has not provided the Minister with the information or documents required under subsection 23 (3) or before the date specified in the written request referred to in that subsection, or the information or documents that the dealer has provided before that date 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 that a controlled substance could be 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 provisions of 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 controlled substance from being diverted to an illicit market or use. Prior notice (3) Before refusing to approve a change, the Minister must (a) provide the licensed dealer with a prior written notice that sets out the Minister’s reasons and gives the dealer an opportunity to be heard; and (b) consider the licensed dealer’s submissions, if applicable.
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Prior notice 26 (1) A licensed dealer must notify the Minister in writing before (a) producing or packaging a mixture or finished product that is not set out in the most recent update of the information and label referred to in paragraph 11 (1)(g); or (b) making a change to a mixture or finished product that is set out in that most recent update, if the change affects any of the information or label that has previously been submitted. Information and document (2) The notice must contain the information that is necessary to update the information or label referred to in paragraph 11 (1)(g) and must be accompanied by a document containing all the information referred to in that paragraph, including those updates, and a copy of the label referred to in that paragraph or, if applicable, a copy of the updated label.
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Notice — five days 27 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.
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Notice — 10 days 28 (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 produce or package a mixture or finished product that is set out in the most recent update of the information and label referred to in paragraph 11 (1)(g). Information and document (2) A notice concerning a change referred to in paragraph (1)(b) must contain the information that is necessary to update the information referred to in paragraph 11 (1)(g) and must be accompanied by a document containing all the information referred to in that paragraph, including those updates, and a copy of the label for any other controlled substance.
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Notice of cessation of activities 29 (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 controlled substances 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, their name and, if applicable, title, (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, their name and, if applicable, title, as well as the municipal address of their site, and (iii) if some or all of them will be destroyed, the anticipated date of destruction and the municipal address of the place at which the destruction is to be carried out; (c) the municipal address of the place 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 whom 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.
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Addition or modification 30 (1) The Minister may, at any time other than at the issuance, renewal or amendment of a dealer’s licence, add or modify a term or condition if the Minister has reasonable grounds to believe that it is necessary to do so to (a) ensure conformity with the provisions of the Act, the Cannabis Act and their regulations; (b) ensure that an international obligation is respected; (c) ensure conformity with the requirements associated with the security level specified in the licence; or (d) reduce a risk to public health or safety, including the risk that a controlled substance could be diverted to an illicit market or use. Prior notice (2) Before adding a term or condition to, or modifying a term or condition of, a licence, the Minister must (a) provide the licensed dealer with a prior written notice that sets out the Minister’s reasons and gives the dealer an opportunity to be heard; and (b) consider the licensed dealer’s submissions, if applicable. Urgent circumstances (3) Despite subsection (2), the Minister may immediately add a term or condition to, or modify a term or condition of, a licence, subject to subsection (4), 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 controlled substance 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 provides the licensed dealer with a written 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.
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Deletion of term or condition 31 (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 provides the licensed dealer with a written notice to that effect.
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Suspension 32 (1) Subject to subsection (2), the Minister must immediately suspend a dealer’s licence in respect of any activities in relation to any controlled substance 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 controlled substance from being diverted to an illicit market or use. Notice (2) The suspension takes effect as soon as the Minister provides the licensed dealer with a written notice that (a) sets out the authorized activity and controlled substance that are the subject of the suspension, as well as 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.
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Revocation 33 (1) Subject to subsection (2), the Minister must revoke a dealer’s licence if (a) the licensed dealer no longer meets the requirement set out in subsection 7 (2); (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 licence is revoked, the senior person in charge, the qualified person in charge or any alternate qualified person in charge was convicted as specified in subparagraph 10 (1)(a)(i) or (b)(i) or received a sentence as specified in subparagraph 10 (1)(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 peace officer, 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 controlled substance to an illicit market or use or has been involved in an activity that contravened an international obligation. 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 controlled substance from being diverted to an illicit market or use: (a) the licensed dealer does not have a history of non-compliance with the provisions of 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 provisions of the Act, the Cannabis Act and their regulations. Prior notice (3) Before revoking a licence, the Minister must (a) provide the licensed dealer with a prior written notice that sets out the Minister’s reasons and gives the dealer an opportunity to be heard; and (b) consider the licensed dealer’s submissions, if applicable.
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Application 34 (1) A licensed dealer must submit to the Minister, before each importation of a controlled substance, an application for an import permit that contains the following information: (a) their name and, if applicable, title, as well as their municipal address; (b) their dealer’s licence number and their business registration number assigned by the Minister of National Revenue; (c) the name and municipal address of the proposed customs broker for the licensed dealer, if any; (d) the name of the customs office where the importation is anticipated and the proposed date of importation; (e) the name and municipal address, in the country of export, of the exporter from whom the controlled substance is being obtained; (f) the name of the carrier that is proposed to transport the controlled substance to the customs office where the importation is anticipated; (g) each proposed mode of transportation and any proposed country of transit or transhipment; (h) in the case of a controlled substance set out in any of Schedules 1 to 4, (i) its name as set out in the dealer’s licence, (ii) its CAS registry number, if any, (iii) if it is a salt, the name of the salt, (iv) its form, (v) its purity and anhydrous content, and (vi) its quantity; and (i) in the case of a mixture or finished product, (i) its name or, if applicable, brand name, as well as the name of the controlled substance it contains, (ii) its form, its strength, the number of containers and, if applicable, the number of units per container, and (iii) its drug identification number, if any. 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 importation does not contravene the laws of the country of exportation 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. 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.
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Issuance 35 (1) Subject to section 37 , 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 34 (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 that a controlled substance could be diverted to an illicit market or use. Permit integrity (2) A person must not alter or deface in any manner an import permit.
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Validity 36 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 40 or 41 , (c) the date of the suspension or revocation of the dealer’s licence under section 32 or 33 , and (d) the date of the expiry, suspension or revocation of the export authorization that applies to the controlled substance to be imported and that is issued by the competent authority in the country of export.
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Refusal 37 (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 controlled substance 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 provided the Minister with the information or documents required under subsection 34 (3) or before the date specified in the written request referred to in that subsection, or the information or documents that the dealer has provided before that date 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 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 (g) 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 that a controlled substance could be diverted to an illicit market or use. Prior notice (2) Before refusing to issue an import permit, the Minister must (a) provide the licensed dealer with a prior written notice that sets out the Minister’s reasons and gives the dealer an opportunity to be heard; and (b) consider the licensed dealer’s submissions, if applicable.
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Providing copy of permit 38 The holder of an import permit must provide a copy of the permit to the customs office at the time of importation.