These guidelines are for Registered Sellers* wanting to improve their understanding of the requirements pertaining to the recording and reporting of any sale** of Controlled Equipment under the Pill Press and Related Equipment Control Act.
Before a sale, a Registered Seller must confirm the intended purchaser’s authority to own Controlled Equipment.
A Registered Seller who holds a valid Registration under the Pill Press and Related Equipment Control Act, and is acting in accordance with the limits and conditions, if any, of their Registration may sell Controlled Equipment.
A person is not authorized to sell Controlled Equipment who does not have a Registered Seller Registration under the Pill Press and Related Equipment Control Act
A Registered Seller may sell Controlled Equipment to authorized owner categories under the Pill Press and Related Equipment Control Act (i.e. Authorized Owners, Waiver holders and other Registered Sellers).
A Registered Seller must not sell Controlled Equipment to any person in British Columbia other than to an Owner Category under the Pill Press and Related Equipment Control Act. This is to ensure that the purchaser is permitted to own, use, or possess Controlled Equipment.
Section 4(2) of the Pill Press and Related Equipment Control Act prohibits a Registered Seller from selling Controlled Equipment to any “person in British Columbia” other than to an Owner Category under the Act. Different factors may apply in assessing whether an intended purchaser is a “person in British Columbia”, including without limitation:
If in doubt, a Registered Seller may wish to consult with their legal advisor.
If the intended purchaser is a “person in British Columbia”, the Registered Seller must confirm that they are either an Authorized Owner, Waiver holder, or Registered Seller under the Pill Press and Related Equipment Control Act.
For each sale of Controlled Equipment, a Registered Seller must:
Note. Business refers to any form of business including sole proprietorship
Note. Individual refers to an individual making a purchase in their personal capacity.
The Pill Press Online Registry uses a Business BCeID to authenticate businesses before they register their inventory of Controlled Equipment. Thus, authorized owner categories under the Pill Press and Related Equipment Control Act (Authorized Owners, Waiver holders and other Registered Sellers) must be a business. Under the current legislative scheme, a possible scenario where a sale could be made to an individual is if the individual resides outside of BC.
For more information see Recording and Reporting of Sales policies.
* A Registered Seller is called “Authorized Seller” under the Act; however, the term “Registered Seller” has been chosen for ease of reference and operational purposes.
** Under the Act, “sell” includes offer for sale, expose for sale, have in possession for sell, distribute, give, transfer, lend, send, rent, or otherwise dispose of, whether or not for consideration (i.e. money) or whether by wholesale, retail, or private sale. If a business acts as a broker or supplier of alternative ownership arrangements (i.e. renting, leasing, lending) for Controlled Equipment, these are considered controlled activities under the Pill Press and Related Equipment Control Act.