Guidance Document for the Application for Import, Export and Transit/Transhipment Permits

Table of Contents

1. Purpose
2. Background
3. Scope
4. Definitions
5. General Information
   Section A: Import / Export Permit
6. Applying for an Import or Export Permit
   • 6.1 Who Requires a Permit
   • 6.2 Who is Eligible for a Permit
   • 6.3 Permit Limitation
7. Application Submission
8. Issuance of an Import or Export Permit
   • 8.1 Import Permit
   • 8.2 Export Permit
     Section B: Transit / Transhipment Permit
9. Applying for a Transit or Transhipment Permit
   • 9.1 Who Requires a Permit
   • 9.2 Who is Eligible for a Permit
10. Application Submission
11. Issuance of a Transit or Transhipment Permit
    • 11.1 Transit or Transhipment Permit
12. Address

Appendix

1. Purpose

This document helps licensed or registered dealers and other individuals apply for permits to import, export, transit and/or tranship, under the Precursor Control Regulations (PCR), a Class A precursor set out in Schedule VI of the Controlled Drugs and Substances Act (CDSA), or to export a Class B precursor set out in the attached appendix.

2. Background

Precursors are chemicals that are frequently diverted from legitimate activities to the illegal manufacture of drugs. In 1988, the United Nations addressed the problem of the diversion of precursors to illegal markets or uses, by adopting provisions within the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Canada signed this convention in 1990, committing itself to controlling the movement of precursors into, out of, and within Canada.

In 1997, Canada enacted the CDSA, which allowed for the control of precursors and the development of regulations for their import, export, production and distribution.

The PCR provide a regulatory framework that allows Canada to fulfill its international obligations with respect to the monitoring and control of precursors and other chemicals used in the production of illegal drugs.

Under these regulations, only licensed dealers may apply for a permit to import or export Class A precursors. Exports of certain Class B precursors to the destinations set out in the appendix must be authorized by the Minister. Permits must be obtained for any transit/transhipment of Class A precursors.

3. Scope

This document was developed as a companion to the PCR to help applicants meet the regulatory requirements of applying for import, export and transit/transhipment permits for Class A precursors and/or export of Class B precursors. It is not intended to replace the PCR. The PCR shall, under all circumstances, take precedence over these guidelines should any apparent confusion or inconsistencies arise.

4. Definitions

Many terms used in this document are defined in the CDSA and in the PCR. Please refer to Section 2 of the CDSA and Section 1 of the PCR.

5. General Information

Copies of the CDSA and the PCR can be obtained by visiting the  Justice Canada website.

Copies of guidance documents and application forms can be obtained at the Health Canada website at www.healthcanada.gc.ca/precursors or by contacting that Office at precursors@hc-sc.gc.ca.

Section A: Import/Export Permit

6. Applying for an Import or Export Permit (Sections 7 and 69 of PCR)

6.1 Who Requires a Permit

1. A licensed dealer who wishes to import or export a Class A precursor must apply for a permit.
2. A registered dealer who wishes to export a Class B precursor to a country listed in the appendix of this guidance document.
3. No permit is required to import Class B precursors.

6.2 Who is Eligible for a Permit

1. Only a licensed dealer is eligible to apply for a Class A import or export permit.
2. Only a registered dealer is eligible to apply for a Class B export permit.

6.3 Permit Limitation

The permit is valid for a single shipment only. However, more than one precursor in that shipment can be authorized under the same permit.

7. Application Submission (Sections 25, 32 and 69 of PCR)

A submission includes the following documents:

1. A complete permit application form;
   1. to be considered complete, the application form must include all the required information and be signed by:
      • the Responsible Person in Charge (RPIC) or Alternate Responsible Person in Charge (A/RPIC), for import and export of Class A precursors, and
      • the Senior Person in Charge (SPIC) of the registered dealer, for export of Class B precursors;
2. In the case of export, the original import authorization, if applicable, must be attached to the application form.

The application package must be sent to the address stated in Section 12 of this document.

8. Issuance of an Import or Export Permit (Sections 26, 33 and 70 of PCR)

When the requirements in Sections 25, 32 or 69 are met, Health Canada will issue a permit to authorize the licensed or registered dealer to import or export precursors.

1. The permit is normally valid for 180 days. If the permit is valid for less than that period it is due to the expiry date of the licence or registration certificate.
2. Under the circumstances defined in Sections 27, 29-31, 34, 36-38, 71 and 73-75 of the PCR, Health Canada can refuse to issue a permit, or can suspend or revoke an existing permit.

8.1 Import Permit (Section 28 of PCR)

The licensed dealer receives three official embossed copies of the import permit.

• Copy 1: must be surrendered to a customs officer at the port of entry;
• Copy 2: must be forwarded to the exporter by the licensed dealer for submission to the proper authority of the country of export; and
• Copy 3: must be kept by the licensed dealer for at least two years.

8.2 Export Permit (Sections 35 and 72 of PCR)

The licensed or registered dealer receives three official embossed copies of the export permit.

• Copy 1: must be surrendered to a customs officer at the port of exit;
• Copy 2: must be attached to the shipment; and
• Copy 3: must be kept by the licensed or registered dealer for at least two years.

Section B: Transit/Transhipment Permit

9. Applying for a Transit or Transhipment Permit (Section 39 of PCR)

9.1 Who Requires a Permit

All individuals or corporations whose shipment, containing precursors, will be transported through Canada or transhipped in Canada.

9.2 Who is Eligible for a Permit

1. The exporter in the country of export; or
2. That exporter's Canadian agent.

10. Application Submission

A submission requires the following documents:

1. A complete permit application form;
   1. to be considered complete, the application form must have all the required information, including the name of the person responsible for the precursor(s) while in Canada, and be signed by:
      • The exporter in the country of export; or
      • That exporter's Canadian agent;
2. a copy of the export authorization issued by the competent authority in the country of export, if applicable;
3. a copy of the import authorization issued by the competent authority in the country of final destination, if applicable; and
4. in the case of a transhipment, the address of every place in Canada where the precursor will be stored during the transhipment and the expected duration for each storage.

The application package must be sent to the address stated in Section 12 of this document.

11. Issuance of a Transit or Transhipment Permit
(Sections 40 and 42 of PCR)

1. When the requirements in Section 39 are met, Health Canada will issue a permit to authorize the transit or transhipment.
2. Under the circumstances defined in Sections 41, 44 to 46 of the PCR, Health Canada can refuse to issue a permit, or can suspend or revoke an existing permit.

11.1 Transit or Transhipment Permit
(Sections 42,43 of PCR)

1. The applicant receives two official embossed copies of the permit.
   • Copy 1: must be surrendered to a customs officer at the port of entry; and
   • Copy 2: must remain with the permit holder for at least two years.
2. The holder of a transit or transhipment permit must notify the Office of Controlled Substances, in writing of the departure date, within 15 days of the shipment leaving Canada. The address is listed in Section 12 of this document.

12. Address

Chemical Precursors Section
Office of Controlled Substances
Health Canada
A.L. 0300B
Ottawa ON K1A 0K9

Appendix