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• 2 (1) In these Regulations,

  Act

  Act means the Controlled Drugs and Substances Act; (Loi)

  designated criminal offence

  designated criminal offence  means

  • (a) an offence involving the financing of terrorism against any of sections 83.02 to 83.04 of the Criminal Code;

  • (b) an offence involving fraud against any of sections 380 to 382 of the Criminal Code;

  • (c) the offence of laundering proceeds of crime against section 462.31 of the Criminal Code;

  • (d) an offence involving a criminal organization against any of sections 467.11 to 467.13 of the Criminal Code; or

  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,

  • (c) an offence under Part I of the Act, except subsection 4(1), or

  licensed dealer

  licensed dealer  means the holder of a licence issued under section 9.2; (distributeur autorisé)

  midwife

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

  narcotic

  narcotic  means, subject to subsection (2),

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  • (b) in respect of a midwife, nurse practitioner or podiatrist, any substance set out in the schedule, or anything that contains the substance, that the midwife, nurse practitioner or podiatrist may prescribe, possess or conduct an activity with, in accordance with sections 3 and 4 of the New Classes of Practitioners Regulations; (stupéfiant)

  nurse practitioner

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

  permit

  permit  means a permit issued under section 10; (permis)

  pharmacist

  pharmacist  means

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  • (b) for the purpose of subsection 2(2), sections 3, 31 to 39, subsections 44(1), 45(1) and (2), section 46 and subsections 65(3) to (4), a person who is registered or otherwise entitled under the laws of a province to practise pharmacy and who is practising pharmacy in that province; (pharmacien)

  podiatrist

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

[...]

Marginal note:Definitions

• 2 (1) The following definitions apply in these Regulations.

  Act

  Act means the Controlled Drugs and Substances Act. (Loi)

  designated criminal offence

  designated criminal offence  means

  • (a) an offence involving the financing of terrorism against any of sections 83.02 to 83.04 of the Criminal Code;

  • (b) an offence involving fraud against any of sections 380 to 382 of the Criminal Code;

  • (c) the offence of laundering proceeds of crime against section 462.31 of the Criminal Code;

  • (d) an offence involving a criminal organization against any of sections 467.11 to 467.13 of the Criminal Code; or

  licensed dealer

  licensed dealer  means the holder of a licence issued under section 10.1. (distributeur autorisé)

  midwife

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

  narcotic

  narcotic  means

  • [...]

  • (b) in respect of a midwife, nurse practitioner or podiatrist, a controlled substance set out in the schedule that the midwife, nurse practitioner or podiatrist may prescribe, possess or conduct an activity with, in accordance with sections 3 and 4 of the New Classes of Practitioners Regulations. (stupéfiant)

  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)

  senior person in charge

  senior person in charge  means the individual designated under section 9.1. (responsable principal)

[...]

Marginal note:Partial protection against self-incrimination

27.4 A report made under any of sections 27.1 to 27.3, or any evidence derived from it, is not to be used or received to incriminate the licensed dealer in any criminal proceeding against them other than a prosecution under section 132, 136 or 137 of the Criminal Code.

[...]

• 3 (1) A person is authorized to have a narcotic in his or her possession where the person has obtained the narcotic under these Regulations, in the course of activities performed in connection with the enforcement or administration of an Act or regulation, or from a person who is exempt under section 56 of the Act from the application of subsection 5(1) of the Act with respect to that narcotic, and the person

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  • (d) has obtained the narcotic for his or her own use

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    • (iii) from a pharmacist pursuant to section 36;

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  • (f) is an agent or mandatary of a practitioner of medicine who received the narcotic pursuant to section 68(3) and his possession is for the purpose of complying with subsection 68(5);

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  • (h) is a person other than a person referred to in paragraph (e) or (f), is exempted under section 56 of the Act with respect to the possession of that narcotic and whose possession is for a purpose set out in the exemption; or

• (2) A person is authorized to have a narcotic in his possession where the person is acting as the agent or mandatary for any person referred to in paragraphs (1)(a) to (e), (h) or (i).

• (2.1) A person is authorized to have a narcotic in his possession where

  • (a) the person is acting as the agent or mandatary for a person he has reasonable grounds to believe is a person referred to in paragraph (1)(g); and

  • (b) the possession of the narcotic is for the purpose of assisting that person in the enforcement or administration of an Act or regulation.

[...]

Marginal note:Authorized persons

• 3 (1) A person is authorized to possess a narcotic if the person has obtained the narcotic in accordance with these Regulations, in the course of activities conducted in connection with the administration or enforcement of an Act or regulation, or from a person who is exempt under section 56 of the Act from the application of subsection 5(1) of the Act with respect to that narcotic, and the person

  • [...]

  • (d) has obtained the narcotic for their own use

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    • (iii) from a pharmacist under section 36;

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  • (h) is not a practitioner of medicine referred to in paragraph (e) or an agent or mandatary referred to in paragraph (f), is exempted under section 56 of the Act with respect to the possession of that narcotic and their possession is for a purpose set out in the exemption; or

• Marginal note:Agent or mandatary

  (2) A person is authorized to possess a narcotic if the person is acting as the agent or mandatary of any person who is authorized to possess it in accordance with any of paragraphs (1)(a) to (e), (h) and (i).

• (3) A person is authorized to possess a narcotic if

  • (a) the person is acting as the agent or mandatary of a person who they have reasonable grounds to believe is a person referred to in paragraph (1)(g); and

  • (b) their possession of the narcotic is for the purpose of assisting that person in the administration or enforcement of an Act or regulation.

[...]