SOR-2011-79 Fees in Respect of Dealer’s Licences Regulations

The purpose of these Regulations is to prescribe the fees for the examination of an application for, or the renewal of, a dealer’s licence under Part G of the Food and Drug Regulations or under the Narcotic Control Regulations.

The purpose of these Regulations is also to remit, in whole or in part, certain of those fees.

The following definitions apply in sections 30, 31 and 33.

Unless the context otherwise requires, all other words and expressions used in sections 30, 31 and 33 have the meaning assigned to them by the Controlled Drugs and Substances Act, Part G of the Food and Drug Regulations or the Narcotic Control Regulations.

These Regulations do not apply to

These Regulations do not apply to a drug that is for veterinary use only.

The fee payable by an applicant for the examination of an application for either a dealer’s licence or the renewal of a dealer’s licence is $4,510 for each of the premises at which activities are to be conducted under the licence.

Subject to subsection 33(2), if the fee is greater than an amount equal to 1% of the applicant’s actual gross revenue from activities conducted under a dealer’s licence during the previous calendar year, remission is granted of the difference between those amounts if the applicant provides with their application a statement signed by the individual responsible for the applicant’s financial affairs that sets out the actual gross revenue.

Subject to subsection (4), the fee is payable at the time of submitting the application for a dealer’s licence or for the renewal of a dealer’s licence under section 10 or 11 of the Narcotic Control Regulations or section G.02.006 or G.02.010 of the Food and Drug Regulations.

If the applicant has not completed their first calendar year of conducting activities under the licence, the payment of the fee is deferred until the end of that year.

If the Minister determines, on the basis of any information available to the Minister, that the statement provided under subsection 31(2) is not adequate to determine the applicant’s actual gross revenue referred to in that subsection, the Minister may require, for the purpose of determining the fee payable or the amount of the remission, the applicant to provide sales records that have been audited by a qualified independent auditor.

If, within 60 days after the day of the Minister’s request for the audited sales records, the applicant has not provided the Minister with them, the difference between the fee payable under subsection 31(1) and the amount already paid is immediately payable.

If the audited sales records establish that the amount already paid is less than the amount payable under section 31, the difference between those amounts is immediately payable.

If the audited sales records establish that the amount already paid is greater than the amount payable under section 31, remission is granted of an amount equal to the difference between those amounts, which the Minister must repay to the applicant.