Food and Drug Regulations (C.R.C., c. 870)

Regulations are current to 2016-04-03 and last amended on 2016-02-09. Previous Versions

 A practitioner shall

  • (a) furnish to the Minister on request such information respecting

    • (i) the use by the practitioner of controlled drugs received — including the administering, selling or providing of the drugs to a person — , and

    • (ii) the prescriptions for controlled drugs issued by the practitioner,

    as the Minister may require;

  • (b) produce to an inspector on request any records that these Regulations require the practitioner to keep;

  • (c) permit an inspector to make copies of such records or to take extracts therefrom;

  • (d) permit an inspector to check all stocks of controlled drugs on the practitioner’s premises;

  • (e) retain in his possession for at least two years any record that these Regulations require him to keep;

  • (f) take adequate steps to protect controlled drugs in his possession from loss or theft; and

  • (g) report to the Minister any loss or theft of a controlled drug within 10 days of the practitioner’s discovery of the loss or theft.

  • SOR/2004-238, s. 25.

 [Repealed, SOR/2010-222, s. 18]

 The Minister shall provide in writing any factual information about a practitioner that has been obtained under the Act or these Regulations to the provincial professional licensing authority responsible for the registration or authorization of the person to practise their profession

  • (a) in the province in which the practitioner is registered or entitled to practise if

    • (i) the authority submits a written request that states the name and address of the practitioner, a description of the information being sought and a statement that the information is required for the purpose of assisting a lawful investigation by the authority, or

    • (ii) the Minister has reasonable grounds to believe that the practitioner has

      • (A) contravened a rule of conduct established by the authority,

      • (B) been found guilty in a court of law of a designated drug offence or of a contravention of this Part, or

      • (C) contravened a provision of this Part; or

  • (b) in a province in which the practitioner is not registered or entitled to practise, if the authority submits to the Minister

    • (i) a written request for information that states

      • (A) the name and address of the practitioner, and

      • (B) a description of the information being sought, and

    • (ii) documentation that shows that the practitioner has applied to that authority to practise in that province.

  • SOR/86-881, s. 2;
  • SOR/97-228, s. 17;
  • SOR/2003-135, s. 6;
  • SOR/2010-222, s. 19.

 A practitioner may make a written request to the Minister to send to licensed dealers and pharmacies a notice, issued under section G.04.004.2, advising them of one or more of the following requirements:

  • (a) recipients of the notice must not sell or provide a controlled drug, other than a preparation, to that practitioner;

  • (b) recipients of the notice must not sell or provide a preparation to that practitioner;

  • (c) pharmacists practising in the notified pharmacies must not fill a prescription or order for a controlled drug, other than a preparation, from that practitioner; and

  • (d) pharmacists practising in the notified pharmacies must not fill a prescription or order for a preparation from that practitioner.

  • SOR/2003-135, s. 6.
  •  (1) In the circumstances described in subsection (2), the Minister must issue a notice to the persons and authorities specified in subsection (3) advising them that

    • (a) licensed dealers and pharmacists practising in the notified pharmacies must not sell or provide to the practitioner named in the notice a controlled drug other than a preparation, a preparation, or both; or

    • (b) pharmacists practising in the notified pharmacies must not fill a prescription or order from the practitioner named in the notice for a controlled drug other than a preparation, a preparation, or both.

  • (2) The notice must be issued if the practitioner named in the notice has

    • (a) made a request to the Minister in accordance with section G.04.004.1 to issue the notice;

    • (b) contravened a rule of conduct established by the provincial professional licensing authority of the province in which the practitioner is practising and that authority has requested the Minister in writing to issue the notice; or

    • (c) been found guilty in a court of law of a designated drug offence or of an offence under this Part.

  • (3) The notice must be issued to

    • (a) all licensed dealers;

    • (b) all pharmacies within the province in which the practitioner named in the notice is registered and practising;

    • (c) the provincial professional licensing authority of the province in which the practitioner named in the notice is registered or entitled to practise;

    • (d) any interested provincial professional licensing authority in another province that has made a request to the Minister to issue the notice; and

    • (e) all pharmacies in an adjacent province in which a prescription or order from the practitioner named in the notice may be filled.

  • (4) Subject to subsection (5), the Minister may issue the notice described in subsection (1) to the persons and authorities specified in subsection (3), if the Minister, on reasonable grounds, believes that the practitioner named in the notice

    • (a) has contravened any of the provisions of sections G.04.001 to G.04.002A;

    • (b) has, on more than one occasion, self-administered a controlled drug, other than a preparation, under a self-directed prescription or order or, in the absence of a prescription or order, contrary to accepted medical, dental or veterinary practice;

    • (c) has, on more than one occasion, self-administered a preparation, under a self-directed prescription or order or, in the absence of a prescription or order, contrary to accepted medical, dental or veterinary practice;

    • (d) has, on more than one occasion, prescribed, provided or administered a controlled drug, other than a preparation, to a person who is a spouse, common-law partner, parent or child of the practitioner, including a child adopted in fact, contrary to accepted medical, dental or veterinary practice;

    • (e) has, on more than one occasion, prescribed, provided or administered a preparation to a person who is a spouse, common-law partner, parent or child of the practitioner, including a child adopted in fact, contrary to accepted medical, dental or veterinary practice; or

    • (f) is unable to account for the quantity of controlled drug for which the practitioner was responsible under this Part.

  • (5) In the circumstances described in subsection (4), the Minister must not issue the notice referred to in subsection (1) until the Minister has

    • (a) consulted with the provincial professional licensing authority of the province in which the practitioner to whom the notice relates is registered or entitled to practise;

    • (b) given that practitioner an opportunity to present reasons why the notice should not be issued and considered those reasons; and

    • (c) considered

      • (i) the compliance history of the practitioner in respect of the Act and the regulations made or continued under it, and

      • (ii) whether the actions of the practitioner pose a significant security, public health or safety hazard, including the risk of the controlled drug being diverted to an illicit market or use.

  • SOR/2003-135, s. 6;
  • SOR/2010-222, ss. 20, 35(F).
 
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