Application for Exemption for Preparations and Mixtures of Class A or Class B Precursors

1. Purpose

This document provides guidance to individuals applying for an exemption certificate under the Precursor Control Regulations (PCR), to exempt a Class A or Class B preparation or mixture.

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 Controlled Drugs and Substances Act (CDSA), which allowed for the control of precursors and the development of regulations for their import, export, production and distribution.

The PCR provides 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. The regulatory provisions governing the licence and permit requirements for import, export and production of Class A precursors came into force on January 9, 2003. The regulatory provisions governing Class B precursor registration and permit requirements for import, export and production came into effect on January 1, 2004.

Class A or Class B precursor preparations and mixtures may be exempted from the application of the PCR, if they meet the specified conditions. An exemption certificate will be issued once the Minister determines that the preparation or mixture, poses little risk of diversion to illegal markets or uses, and that the precursor cannot be easily extracted from the preparation or mixture.

3. Scope

This document was developed as a companion to the PCR to provide guidance in meeting the regulatory requirements of applying for a Class A or Class B precursor exemption certificate. It is not intended to replace the PCR. The PCR shall, under all circumstances, take precedence over these guidelines should any 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 at http://laws.justice.gc.ca.

Copies of guidance documents and application forms can be obtained from the OCS website at www.hc-sc.ca/ocs-bsc or by contacting that Office at (613) 957-1063.