Pill press registered seller
Although a seller of Controlled Equipment is called an “Authorized Seller” under the Act, the term “Registered Seller” has been chosen for ease of reference and operational purposes. All businesses located in BC are required to obtain a Registration certificate before selling any Controlled Equipment, either inside or outside of BC. The Registered Seller Owner Category is a term used to describe a business that has applied to the Registrar and received a Registration certificate under the Act to sell Controlled Equipment.
For the purposes of the Act, a business that wishes to sell Controlled Equipment must be able to establish that they are authorized to do so. A business that does not meet the criteria for either of the Authorized Owner or Registered Seller Owner Category must apply for a Waiver to comply with the Act.
A business must apply for the Registered Seller Owner Category through the Pill Press Online Registry and all Registered Seller applications will be processed using the Pill Press Online Registry.
A business must provide the requisite information respecting their Owners and Managers during the Registered Seller application process.
After the business’ Registered Seller application is approved by the Registrar, a Registration certificate will be issued to the business. The Registration certificate is evidence that the business is authorized under section 4 (1) of the Act to sell Controlled Equipment. The following policies provide details on the Registration certificate.
Upon approval of the application, the Registrar will issue a Registration certificate and a pdf version of the certificate will be available on the Client Dashboard, which the business can print. The Registration certificate will contain the name of the business that is the Registered Seller, issued date, and a unique Registration number.
Generally, Registrations expire 5 years after the issued date. However, in accordance with section 8(3)(b) of the Act, the Registrar has the discretion to set an earlier expiry date. The expiry date will be shown on the Registration certificate.
The business may be requested to provide evidence that they are allowed to sell Controlled Equipment. Therefore, it is recommended that the business to whom a Registration certificate has been issued print it and keep it at the location where their Controlled Equipment is ordinarily stored.
When a business purchases a new piece of Controlled Equipment from a BC seller, they will be required to provide the seller with prescribed information regarding the purchaser’s identity and authority to own Controlled Equipment. Similarly, the BC seller will be required to provide the purchaser with prescribed information, including the seller’s Registration number, which is shown on their Registration certificate.
In accordance with s. 8 (1) of the Act, the Registrar may grant a Registration with limits and conditions. These limits and conditions can be standard on any Registration certificate or specific to a particular registration. Any specific limits and conditions will appear on the face of the Registration certificate.
Registrations granted by the Registrar authorize a seller to sell Controlled Equipment. Accordingly:
- Registered Sellers are not permitted to manufacture a product with Controlled Equipment
- Registered Sellers are permitted demonstrations of Controlled Equipment for operation purposes only
- All sales of Controlled Equipment must be reported within 10 days (see Reporting Sales)
- See also Registered Sellers’ Responsibilities and Obligations for additional standard limits and conditions pertaining to Registrations.
In accordance with section 8(4) of the Act, Registrations are not transferable.
Section 8(2) of the Act provides authority for the Registrar to grant a Registration to sell Controlled Equipment if the Registrar is satisfied that: (a) the applicant will not use Controlled Equipment for unlawful purposes; (b) nothing in the applicant’s conduct, character, or repute would make it undesirable for the applicant to perform a controlled activity; and (c) it is not contrary to the public interest that the applicant be permitted to perform a controlled activity.
Where an applicant is not an individual, the conduct, character or repute of the business must be assessed through that of its principals. Accordingly, in that case, section 8 (2)(b) of the Act requires that the conduct, character or repute of any Owner or Manager of the applicant be examined. Section 7(4) of the Act requires a Registered Seller application to include the applicant’s authorization, or if the applicant is not an individual, the authorization of each Owner and Manager, for the Registrar to carry out Prescribed Checks and use fingerprints to verify results if necessary. Section 14 of the Regulation defines Prescribed Checks.
All Owners and Managers of the Registered Seller applicant will be asked to consent to Prescribed Checks, meaning: (a) a criminal record check; (b) a police information check; and (c) a correctional service information check, as part of the application process.
Determination of who will be considered an Owner or Manager depends on the legal structure of the business. If the business is not a private or public company, registered society, partnership, limited liability partnership, or sole proprietorship, the business should contact SPD for further direction.
Owners include the following:
- If a public company or private company, then all directors and officers;
- If a registered society, then all directors and senior managers;
- If a partnership, then all partners;
- If a limited liability partnership, then the general partner;
- If a sole proprietorship, then the sole proprietor.
a) Any positions responsible for overseeing the day-to-day operation of the business.
b) In large businesses, the Manager is the position that oversees the manufacturing operations that includes the Controlled Equipment. Determination regarding whether an applicant has a “large business” rests with the Registrar.
In accordance with the Act and Regulation, Registered Sellers have a number of ongoing obligations and responsibilities, including:
- Adding or Removing Owners and Managers
- Reporting Charges or Convictions
- Notification of (existing) Controlled Equipment
- Acquisition of Controlled Equipment
- Changes to Controlled Equipment
- Recording of Sales
- Reporting of Sales
By virtue of Section 7(4) of the Act, an application for a Registration must include, as applicable, a list of the applicant’s Owners and Managers as well as their respective authorization to submit to Prescribed Checks. The granting of a Registration is conditional upon the Registrar being satisfied of the criteria set out at Section 8(2) of the Act, including the suitability of the applicant or that of any of its Owners or Managers. Suitability is assessed through the conduct of Prescribed Checks and must be maintained throughout the duration of a Registration, failing which the Registrar may suspend or cancel a Registration pursuant to Section 10(2) of the Act.
It is a continuous requirement that Owners and Managers are suitable for the purposes of the Act, and as a result, if there are changes in the ownership or management structure of a Registered Seller’s business that arise during the course of a Registration, the Registrar will inquire into the suitability of current Owners and Managers if and when they change. Accordingly, it is a standard limit and condition of any Registration granted that the current Owners and Managers of the Registered Seller undergo applicable security screening checks, e.g. Prescribed Checks.
To remove an Owner or Manager, the Registered Seller is required to inform SPD via email to PillPressLicensing@gov.bc.ca. To add a new Owner to their business, a Registered Seller is required to submit a new Registered Seller application. Pursuant to the Act and Regulation, the new Owner will be required to authorize the carrying out of Prescribed Checks. To add a new Manager, a Registered Seller is required to inform SPD via email to PillPressLicensing@gov.bc.ca. In accordance with the standard limits and conditions of a Registered Seller certificate, the new Manager will be required to authorize the carrying out of Prescribed Checks.
Sections 5(2)(g) and 5(4)(c) of the Act require Registered Sellers to report any charges or convictions against them, in the form and manner required by the Registrar, for an offence under: the Act; the Criminal Code, the Controlled Drugs and Substances Act (Canada) or the Cannabis Act (Canada); or, a prescribed enactment. Owners and Managers are also held to this reporting requirement as part of their ongoing obligation under the Act to maintain suitability throughout the duration of a Registration (see Section 6.5.1 above). Accordingly, it is a standard limit and condition of any Registration granted that Owners and Managers report any charges or convictions against them for an offence under any of the enactments noted above.
Information pertaining to charges or convictions must be provided to the Registrar via email to PillPressLicensing@gov.bc.ca and in accordance with section 11 of the Regulation, must include the following information:
- The Registered Seller’s legal name and registration number
- The name and provision of the enactment under which the Registered Seller was charged or convicted
- The date on which the charge was laid, or the conviction entered, as applicable
Information pertaining to charges or convictions of Owners and Managers must be provided to the Registrar via email to PillPressLicensing@gov.bc.ca and include the following information:
- The legal name and registration number of the Registered Seller of which the individual is an Owner or Manager
- The legal name of the Owner or Manager as it appears on the Pill Press Registry
- The name and provision of the enactment under which the Owner or Manager was charged or convicted
- The date on which the charge was laid, or the conviction entered, as applicable
- The Owner or Manager’s date of birth