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

Regulations are current to 2014-12-08 and last amended on 2014-11-07. Previous Versions

 Subject to section G.02.024.2 and notwithstanding sections G.02.024 and G.02.025, no licensed dealer shall

  • (a) sell or provide a controlled drug, other than a preparation, to a pharmacist named in a notice given by the Minister under section G.03.017.2;

  • (b) sell or provide a preparation to a pharmacist named in a notice given by the Minister under section G.03.017.2;

  • (c) sell or provide a controlled drug, other than a preparation, to a practitioner named in a notice given by the Minister under section G.04.004.2; or

  • (d) sell or provide a preparation to a practitioner named in a notice given by the Minister under section G.04.004.2.

  • SOR/2003-135, ss. 7, 8;
  • SOR/2004-238, s. 10.

 Section G.02.024.1 does not apply to a licensed dealer to whom the Minister has issued a notice of retraction of the notice

  • (a) under section G.03.017.3, in respect of a pharmacist named in a notice issued by the Minister under section G.03.017.2; or

  • (b) under section G.04.004.3, in respect of a practitioner named in a notice issued by the Minister under section G.04.004.2.

  • SOR/2003-135, s. 3.
  •  (1) Subject to this section, a licensed dealer may, in accordance with the terms and conditions of their dealer’s licence, sell or provide a controlled drug to a person as permitted under section G.02.024 if

    • (a[Repealed, SOR/2010-222, s. 12]

    • (b) the licensed dealer has received, on the premises described in the licence,

      • (i) a written order,

      • (ii) an order sent through a computer from a remote input device, or

      • (iii) a verbal order for a controlled drug listed in Part II or III of the schedule to this Part

      that specifies the name and quantity of the drug to be supplied.

  • (2) A licensed dealer who has received an order referred to in subparagraph (1)(b)(i) and verified the signature on the order may sell or provide a controlled drug to a person as permitted under section G.02.024, if the order is signed and dated by one of the following persons:

    • (a) if the controlled drug is to be sold or provided to a person referred to in paragraph G.02.024(1)(a), (b), (c) or (f), by that person; or

    • (b) if the controlled drug is to be provided to a hospital employee or a practitioner in a hospital, by the pharmacist in charge of the dispensary of the hospital or by a practitioner authorized by the person in charge of the hospital to sign the order.

  • (3) A licensed dealer may sell or provide a controlled drug pursuant to an order received from a remote input device through a computer if the computer program and the remote input device meet the requirements of subsections (5) and (6).

  • (3.1) A licensed dealer who has received an order sent through a computer from a remote input device referred to in subparagraph (1)(b)(ii) may provide a controlled drug to a hospital employee or to a practitioner in a hospital if the order has been placed by the pharmacist in charge of the dispensary of the hospital or by a practitioner authorized by the person in charge of the hospital to place the order.

  • (3.2) A licensed dealer who has received a verbal order referred to in subparagraph (1)(b)(iii) may provide a controlled drug listed in Part II or III of the schedule to this Part to a hospital employee or to a practitioner in a hospital if the order has been placed by the pharmacist in charge of the dispensary of the hospital or by a practitioner authorized by the person in charge of the hospital to place the order.

  • (4) A licensed dealer who has received a verbal order referred to in subparagraph (1)(b)(iii), and has sold or provided a controlled drug listed in Part II or III of the schedule to this Part to a person referred to in any of paragraphs G.02.024(1)(b) to (d), shall immediately record

    • (a) the name of the person to whom the controlled drug was sold or provided;

    • (b) if the drug was provided to a hospital employee or a practitioner in a hospital, the name of the pharmacist in charge of the dispensary of the hospital or the name of the practitioner authorized by the person in charge of the hospital to sign the order; and

    • (c) the date that the order is received.

  • (5) For the purposes of this section, a remote input device shall be a device for transmitting electronically orders for drugs, other than by voice communication, that

    • (a) contains a unique identifying code that can be related to the device and the pharmacist or practitioner in whose possession and care the remote input device has been placed;

    • (b) is in the possession and care of that pharmacist or practitioner; and

    • (c) is designed in such a way that the unique identifying code for the remote input device is an integral part of the circuitry and can only be modified by the dismantling of the device.

  • (6) For the purposes of this section, a computer program shall be able to

    • (a) identify the remote input device, the name and address of the pharmacist or practitioner in whose possession and care the remote input device has been placed;

    • (b) identify the pharmacist or practitioner placing the order by means of an identifying code unique to that pharmacist or practitioner;

    • (c) process separately and identify controlled drugs by the segregation of the orders for those drugs;

    • (d) detect unusual orders and thereby necessitate manual intervention by the licensed dealer; and

    • (e) necessitate manual intervention by the licensed dealer if one or more of the check procedures fails.

  • (7) Where a licensed dealer has received, from a pharmacist or practitioner, an order sent through a computer from a remote input device referred to in subparagraph (1)(b)(ii) or a verbal order referred to in subparagraph (1)(b)(iii), he shall, within five working days of filling the order for a controlled drug, obtain and keep a receipt that includes

    • (a) the signature of the pharmacist or the practitioner who received the controlled drug;

    • (b) the date the pharmacist or practitioner received the controlled drug; and

    • (c) the name and the quantity of the controlled drug.

  • (8) If a licensed dealer has not received a receipt from a pharmacist or practitioner under subsection (7) within the time prescribed by that subsection, the licensed dealer shall not, until after receiving the receipt, sell or provide a controlled drug to the pharmacist or practitioner pursuant to a further

    • (a) order sent through a computer from a remote input device referred to in subparagraph (1)(b)(ii); or

    • (b) verbal order referred to in subparagraph (1)(b)(iii).

    from that pharmacist or practitioner.

  • SOR/78-220, s. 4;
  • SOR/78-427, s. 4;
  • SOR/85-550, s. 3;
  • SOR/88-482, s. 3(F);
  • SOR/90-261, s. 2(F);
  • SOR/97-228, s. 11;
  • SOR/2004-238, s. 11;
  • SOR/2010-222, s. 12;
  • SOR/2012-230, s. 10;
  • SOR/2014-260, ss. 6(E), 14(F).