GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Benzodiazepines and Other Targeted Substances Regulations — 21.3
Notice of cessation of activities 21.3 (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 targeted 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, 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/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 22
Addition of or modification to term or condition 22 (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 targeted substance 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 targeted 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 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/2010-223, s. 7 SOR/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 22.1
Deletion of term or condition 22.1 (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/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 23
Suspension 23 (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 targeted substance 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/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 24
Revocation 24 (1) Subject to subsection (2), the Minister must revoke a dealer’s licence if (a) the licensed dealer may no longer apply for a licence under section 13; (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 16(a)(i) or (b)(i) or received a sentence as specified in subparagraph 16(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 targeted substance 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 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. 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/2010-223, s. 42(E) SOR/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 24.1
Return of licence 24.1 The licensed dealer must return the original of the licence to the Minister within 15 days after the effective date of the revocation. SOR/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 25
Application 25 (1) A licensed dealer must submit to the Minister, before each importation of a targeted substance, 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 targeted substance to be imported, (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 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 targeted substance in the product, the number of units per package and the number of packages; (d) the name and municipal address, in the country of export, of the exporter from whom the targeted substance 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/2010-223, ss. 8, 42(E), 43(F) SOR/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 25.1
Issuance 25.1 Subject to section 25.4, 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 25(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 targeted substance being diverted to an illicit market or use. SOR/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 25.2
Validity 25.2 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 26 or 27, (c) the date of the suspension or revocation of the dealer’s licence under section 23 or 24, and (d) the date of the suspension or revocation of the export permit that applies to the targeted substance to be imported and that is issued by the competent authority in the country of export. SOR/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 25.3
Return of permit 25.3 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/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 25.4
Refusal 25.4 (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 targeted 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 complied with the requirements of subsection 25(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 targeted substance 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/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 25.5
Providing copy of permit 25.5 The holder of an import permit must provide a copy of the permit to the customs office at the time of importation. SOR/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 25.6
Declaration 25.6 The holder of an import permit must provide the Minister, within 15 days after the day of release of the targeted substance 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 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 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 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 released and the date of the release. SOR/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 26
Suspension 26 (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 targeted substance 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/2010-223, s. 9(F); SOR/2014-260, s. 39(F) SOR/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 27
Revocation 27 (1) Subject to subsection (2), the Minister must revoke an import 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 26(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. Exceptions (2) The Minister must not revoke an import 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. Notice (3) Before revoking an 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/2014-260, s. 40(F) SOR/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 27.1
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. SOR/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 28
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. 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. 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/2010-223, s. 10; SOR/2014-260, ss. 39(F), 40(F) SOR/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 28.1
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. SOR/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 28.2
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. SOR/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 28.3
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. SOR/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 28.4
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. 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. SOR/2019-170, s. 2
Benzodiazepines and Other Targeted Substances Regulations — 28.5
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. SOR/2019-170, s. 2