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• 2 (1) In these Regulations,

  designated drug offence

  designated drug offence  means

  • (a) an offence against section 39, 44.2, 44.3, 48, 50.2 or 50.3 of the Food and Drugs Act, as those provisions read immediately before May 14, 1997,

  • (b) an offence against section 4, 5, 6, 19.1 or 19.2 of the Narcotic Control Act, as those provisions read immediately before May 14, 1997,

  midwife

  midwife  has the same meaning as in section 1 of the New Classes of Practitioners Regulations; (sage-femme)

  nurse practitioner

  nurse practitioner  has the same meaning as in section 1 of the New Classes of Practitioners Regulations; (infirmier praticien)

  podiatrist

  podiatrist  has the same meaning as in section 1 of the New Classes of Practitioners Regulations; (podiatre)

  Security Directive

  Security Directive  means the Directive on Physical Security Requirements for Controlled Substances and Drugs Containing Cannabis, as amended from time to time and published by the Government of Canada on its website; (Directive en matière de sécurité)

• (2) Despite subitem 2(2) of the schedule, the following are not narcotics for the purposes of these Regulations:

  • (a) a drug in dosage form, as defined in subsection C.01.005(3) of the Food and Drug Regulations, that contains cocaine (benzoylmethylecgonine) or any of its salts unless the drug has a drug identification number assigned to it under Division 1 of Part C of those Regulations, is authorized for sale under Division 5 of Part C of those Regulations or has been compounded by a pharmacist in accordance with or in anticipation of an authorization from a practitioner that a stated amount of the drug be dispensed for a person who is or will be named in the authorization; or

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Marginal note:Qualified person in charge

• 9.2 (1) An applicant for a dealer’s licence must designate only one individual as the qualified person in charge, who is responsible for supervising the activities with respect to narcotics that are specified in the licence application and for ensuring that those activities comply with these Regulations. The applicant may designate themself if the applicant is an individual.

• Marginal note:Alternate qualified person in charge

  (2) An applicant for a dealer’s licence may designate an individual as an alternate qualified person in charge, who is authorized to replace the qualified person in charge when that person is absent. The applicant may designate themself if the applicant is an individual.

• Marginal note:Qualifications

  (3) Only an individual who meets the following requirements may be designated as a qualified person in charge or an alternate qualified person in charge:

  • [...]

  • (b) they

    • (i) are entitled or, if applicable, registered and entitled by a provincial professional licensing authority or a professional association in Canada and entitled to practise a profession that is relevant to their duties, such as pharmacist, practitioner, pharmacy technician or laboratory technician,

    • (ii) hold a diploma, certificate or credential awarded by a post-secondary educational institution in Canada in a field or occupation that is relevant to their duties, such as pharmacy, medicine, dentistry, veterinary medicine, pharmacology, chemistry, biology, pharmacy technician, laboratory technician, pharmaceutical regulatory affairs or supply chain management or security, or

    • (iii) hold a diploma, certificate or credential that is awarded by a foreign educational institution in a field or occupation referred to in subparagraph (ii) and hold

      • (A) an equivalency assessmentas defined in subsection 73(1) of the Immigration and Refugee Protection Regulations, or

• Marginal note:Exception

  (4) An applicant for a dealer’s licence may designate an individual who does not meet any of the requirements of paragraph (3)(b) as a qualified person in charge or an alternate qualified person in charge if

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Marginal note:Application

• 10 (1) A person who intends to conduct an activity referred to in section 8 must obtain a dealer’s licence for each site at which they intend to conduct activities by submitting an application to the Minister that contains the following information:

  • [...]

  • (f) if the licence is requested to manufacture or assemble a product or compound that contains a narcotic, other than a test kit, a list that includes, for each product or compound,

    • [...]

    • (vi) if the applicant’s name appears on the label of the product or compound, a copy of the inner label, as defined in section A.01.010 of the Food and Drug Regulations;

• (2) An application for a dealer’s licence must be accompanied by the following documents:

  • [...]

  • (c) a document issued by a Canadian police force in relation to each person referred to in paragraph (b), indicating whether, during 10 years before the day on which the application is submitted, the person was convicted as specified in subparagraph 9.3(a)(i) or received a sentence as specified in subparagraph 9.3(a)(ii);

  • (d) if any of the persons referred to in paragraph (b) has ordinarily resided in a country other than Canada during the 10 years before the day on which the application is submitted, a document issued by a police force of that country indicating whether in that period that person was convicted as specified in subparagraph 9.3(b)(i) or received a sentence as specified in subparagraph 9.3(b)(ii);

  • [...]

  • (f) if the proposed qualified person in charge or any proposed alternate qualified person in charge does not meet the requirement of subparagraph 9.2(3)(b)(i), either

    • [...]

    • (ii) a detailed description of the education, training and work experience that is required under paragraph 9.2(4)(c), together with supporting evidence, such as a copy of a course transcript or an attestation by the person who provided the training.

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9.3 An individual is not eligible to be a senior person in charge, a qualified person in charge or an alternate qualified person in charge if, during the 10 years before the day on which the dealer’s licence application is submitted,

• (a) in respect of a designated substance offence or a designated criminal offence or a designated offenceas defined in subsection 2(1) of the Cannabis Act, the individual

  • (i) was convicted as an adult, or

  • (ii) was a young person who received an adult sentence, as those terms are defined in subsection 2(1) of the Youth Criminal Justice Act; or

• (b) in respect of an offence committed outside Canada that, if committed in Canada, would have constituted a designated substance offence or a designated criminal offence or a designated offenceas defined in subsection 2(1) of the Cannabis Act,

  • (i) the individual was convicted as an adult, or

  • (ii) if they committed the offence when they were at least 14 years old but less than 18 years old, the individual received a sentence that was longer than the maximum youth sentence, as that term is defined in subsection 2(1) of the Youth Criminal Justice Act, that could have been imposed under that Act for such an offence.

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• [...]

• (3) An application for a dealer’s licence must be accompanied by

  • (a) declarations signed by the individual in charge of the premises to which the application applies, the proposed qualified person in charge and, if applicable, the proposed alternate qualified person in charge, stating that they have not been convicted, as an adult, during the preceding 10 years, of

    [...]

  • (b) a document issued by a Canadian police force with respect to each of the persons referred to in paragraph (a), stating whether the person has or has not been convicted, as an adult, during the previous 10 years, of a designated drug offence or a designated criminal offence;

  • (c) if any of the persons referred to in paragraph (a) has ordinarily resided in a country other than Canada during the preceding 10 years, a document issued by a police force of that country stating whether the person has or has not been convicted in that country, as an adult, during the preceding 10 years, of an offence that would have constituted a designated drug offence or a designated criminal offence if committed in Canada;

  • [...]

  • (f) if the applicant’s name appears on the label of a product or compound that contains a narcotic, a copy of the inner label, as defined in section A.01.010 of the Food and Drug Regulations, for each product or compound to which the licence would apply; and

• [...]

• (5) The documents referred to in paragraphs (3)(b) and (c) are not required if the persons referred to in those paragraphs consent in writing

  • (a) to having a criminal record check carried out for them, as an adult, in respect of the offences referred to in those paragraphs during the preceding 10 years;

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