Narcotic Control Regulations (C.R.C., c. 1041)

1 [Repealed, SOR/2019-169, s. 2]

Interpretation

Marginal note:Definitions

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

  Act

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

  advertisement

  advertisement includes any representation by any means for the purpose of promoting, directly or indirectly, the sale or other disposal of a narcotic. (publicité.)

  common-law partner

  common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

  competent authority

  competent authority means a public authority of a foreign country that is authorized under the laws of the country to approve the importation or exportation of narcotics into or from the country. (autorité compétente)

  compound

  compound includes a preparation. (composé)

  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

  • (e) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in any of paragraphs (a) to (d). (infraction désignée en matière criminelle)

  destroy

  destroy means, in respect of a narcotic, to alter or denature it to such an extent that its consumption is rendered impossible or improbable. (destruction)

  diacetylmorphine (heroin)

  diacetylmorphine (heroin) includes the salts of diacetylmorphine. (diacétylmorphine (héroïne))

  hospital

  hospital means a facility

  • (a) that is licensed, approved or designated by a province in accordance with the laws of the province to provide care or treatment to persons or animals suffering from any form of disease or illness; or

  • (b) that is owned or operated by the Government of Canada or the government of a province and that provides health services. (hôpital)

  international obligation

  international obligation means an obligation in respect of a narcotic set out in a convention, treaty or other multilateral or bilateral instrument that Canada has ratified or to which Canada adheres. (obligation internationale)

  licensed dealer

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

  methadone

  methadone includes the salts of methadone. (méthadone)

  midwife

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

  narcotic

  narcotic means

  • (a) a controlled substance set out in the schedule; or

  • (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)

  pharmacist

  pharmacist means a person who is 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)

  prescription

  prescription means an authorization given by a practitioner that a stated amount of a narcotic be dispensed for the person named in it or the animal identified in it. (ordonnance)

  qualified person in charge

  qualified person in charge means the individual designated under subsection 9.2(1). (responsable qualifié)

  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)

  senior person in charge

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

  test kit

  test kit means a kit

  • (a) that contains a narcotic and a reagent system or buffering agent;

  • (b) that is used during the course of a chemical or analytical procedure to test for the presence or quantity of a narcotic for a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose; and

  • (c) the contents of which are not intended or likely to be consumed by, or administered to, a person or an animal. (nécessaire d’essai)

  verbal prescription narcotic

  verbal prescription narcotic means a narcotic that is contained in medication that may be prescribed verbally and that has the following characteristics:

  • (a) it contains two or more medicinal ingredients that are not narcotics, in a recognized therapeutic dose;

  • (b) it is not intended for parenteral administration; and

  • (c) it does not contain diacetylmorphine (heroin), hydrocodone, methadone, oxycodone or pentazocine. (stupéfiant d’ordonnance verbale)

• (2) [Repealed, SOR/2021-271, s. 3]

2.1 [Repealed, SOR/2016-230, s. 262]

Possession

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

  • (a) requires the narcotic for their business or profession and is

    • (i) a licensed dealer,

    • (ii) a pharmacist, or

    • (iii) a practitioner who is registered and entitled to practise in the province in which they possess the narcotic;

  • (b) is a practitioner who is registered and entitled to practise in a province other than the province in which they possess the narcotic for emergency medical purposes only;

  • (c) is a hospital employee or a practitioner in a hospital;

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

    • (i) from a practitioner,

    • (ii) in accordance with a prescription that was not issued or obtained in contravention of these Regulations, or

    • (iii) from a pharmacist under section 36;

  • (e) is a practitioner of medicine who received the narcotic under subsection 68(1) or (2) and their possession is for the purpose of providing or delivering it to a person referred to in subsection 68(3);

  • (f) is an agent or mandatary of a practitioner of medicine who received the narcotic under subsection 68(1) and their possession is for the purpose of providing or delivering it to a person referred to in subsection 68(2);

  • (g) is employed as an inspector, a member of the Royal Canadian Mounted Police, a police constable, a peace officer or a member of the technical or scientific staff of the Government of Canada, the government of a province or a university in Canada and their possession is in connection with that employment;

  • (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

  • (i) is the Minister.

• 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).

• Marginal note:Agent or mandatary — person referred to in paragraph (1)(g)

  (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.

Test Kits

Marginal note:Authorized activities

4 A person may sell, possess or otherwise deal in a test kit if the following conditions are met:

• (a) a registration number has been issued for the test kit under section 6 and has not been cancelled under section 7;

• (b) the test kit bears, on its external surface,

  • (i) the manufacturer’s name,

  • (ii) the trade name or trademark, and

  • (iii) the registration number; and

• (c) the test kit will be used for a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose.

Marginal note:Application for registration number

• 5 (1) The manufacturer of a test kit may obtain a registration number for it by submitting to the Minister an application containing

  • (a) a detailed description of the design and construction of the test kit;

  • (b) a detailed description of the narcotic and other substances, if any, contained in the test kit, including the qualitative and quantitative composition of each component; and

  • (c) a description of the proposed use of the test kit.

• Marginal note:Signature and attestation

  (2) The application must

  • (a) be signed and dated by the person authorized by the applicant for that purpose; and

  • (b) include an attestation by that person that all of the information submitted in support of the application is correct and complete to the best of their knowledge.

• Marginal note:Additional information or document

  (3) The applicant must, not later than the date specified in the Minister’s written request to that effect, provide the Minister with any information or document that the Minister determines is necessary to complete the review of the application.

Marginal note:Issuance of registration number

6 On completion of the review of the application for a registration number, the Minister must issue a registration number for the test kit, preceded by the letters “TK”, if the Minister determines that the test kit will only be used for a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose and that it contains

• (a) a narcotic and an adulterating or denaturing agent in such a manner, combination, quantity, proportion or concentration that the preparation or mixture has no significant drug abuse potential; or

• (b) such small quantities or concentrations of a narcotic as to have no significant drug abuse potential.