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

Regulations are current to 2016-01-25 and last amended on 2015-06-13. Previous Versions

  •  (1) The Minister shall suspend a permit without prior notice if

    • (a) the dealer’s licence as it pertains to the controlled drug to be imported or exported has expired or has been suspended or revoked;

    • (b) the Minister has reasonable grounds to believe that the suspension is necessary to protect public health, safety or security;

    • (c) the Minister has reasonable grounds to believe that the continuation of the permit would present a risk of a controlled drug being diverted to an illicit market or use; or

    • (d) the import or export would contravene the laws of the country of export or import or a country of transit or transhipment.

  • (2) A decision of the Minister to suspend a permit takes effect as soon as the Minister notifies the holder of the decision and provides a written report of the reasons for the suspension.

  • (3) A person whose permit is suspended under subsection (1) may, within 10 days after receiving the notice of suspension, provide the Minister with reasons why the suspension is unfounded.

  • SOR/2010-222, s. 7.

 A dealer’s licence is valid until the earlier of

  • (a) the expiry date set out in the licence, and

  • (b) the revocation or suspension of the licence under section G.02.003.7, G.02.003.8 or G.02.003.9.

  • SOR/2004-238, s. 5.

 A permit issued under section G.02.008 is valid only for the particular importation or exportation in respect of which it was issued.

  •  (1) Every licensed dealer shall keep a record of the following:

    • (a) the name and quantity of any controlled drug received by the licensed dealer, the name and address of the person who sold or provided it and the date it was received;

    • (b) the name, quantity and form of any controlled drug sold or provided by the licensed dealer, the name and address of the person to whom it was sold or provided and the date it was sold or provided;

    • (c) the name and quantity of any controlled drug used in the making or assembling of a product or compound containing that controlled drug, the name and quantity of the product or compound made or assembled and the date on which the product or compound was placed in stock;

    • (c.1) the name and quantity of any controlled drug produced and the date on which it was placed in stock; and

    • (d) the name and quantity of any controlled drug he had in stock at the end of each month.

  • (2) The record of information referred to in subsection (1) shall be kept

    • (a) in a manner that permits an audit to be made;

    • (b) subject to subsection (3), in a book, register or similar record maintained exclusively for controlled drugs; and

    • (c) for any period of at least two years on the premises described in the licence of the licensed dealer.

  • (3) The record of information referred to in paragraphs (1)(a), (b) and (d) may, with respect to a controlled drug listed in Part II or III of the schedule to this Part, be kept in a form other than that specified in paragraph (2)(b).

  • SOR/78-427, s. 1;
  • SOR/97-228, s. 10;
  • SOR/2004-238, s. 6;
  • SOR/2010-222, s. 8(E).
  •  (1) The Minister may, in respect of an applicant for a dealer’s licence or a licensed dealer, require an inspection, at any reasonable time, of

    • (a) the premises used or intended to be used in producing, making, assembling or storing a controlled drug; and

    • (b) the process and conditions of the producing, making, assembling or storing.

  • (2) [Repealed, SOR/2010-222, s. 9]

  • SOR/78-427, s. 2;
  • SOR/2004-238, s. 7;
  • SOR/2010-222, s. 9.

 Every licensed dealer shall

  • (a) furnish such information respecting the dealings of such person in any controlled drug in such form and at such times as the Minister may require;

  • (b) produce to an inspector any books, records or documents required to be kept by this Part;

  • (c) permit an inspector to make copies of or to take extracts from such books, records and documents; and

  • (d) permit an inspector to check all stock of controlled drugs located on the premises described in the licence of the licensed dealer.

 [Repealed, SOR/78-427, s. 3]

 Every licensed dealer shall notify the Minister promptly of changes in the following:

  • (a) [Repealed, SOR/2010-222, s. 10]

  • (b) the premises in which a controlled drug is produced, made, assembled or stored; and

  • (c) the process and conditions of the producing, making, assembling or storing.

  • SOR/2004-238, s. 8;
  • SOR/2010-222, s. 10.

 Every licensed dealer shall

  • (a) provide such protection against loss or theft of any controlled drug in his possession as may be required by the Minister;

  • (b) report to the Minister any loss or theft of a controlled drug within 10 days of his discovery thereof; and

  • (c) securely pack a controlled drug in its immediate container and seal it in such a manner that it cannot be opened without breaking the seal.

  • SOR/88-482, s. 2(F).
 
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