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

Regulations are current to 2020-09-09 and last amended on 2019-12-09. Previous Versions

Interpretation (continued)

 [Repealed, SOR/2016-230, s. 262]

Possession

Marginal note:Authorized persons

  •  (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.

  • SOR/85-588, s. 2
  • SOR/85-930, s. 2
  • SOR/97-227, s. 2
  • SOR/99-124, s. 1
  • SOR/2012-230, s. 15
  • SOR/2013-119, s. 202
  • SOR/2013-172, s. 4
  • SOR/2016-230, s. 263
  • SOR/2016-239, s. 3
  • SOR/2018-37, s. 1
  • SOR/2018-69, ss. 75, 76
  • SOR/2018-147, s. 2
  • SOR/2019-169, s. 3

Test Kits

Marginal note:Authorized activities

 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.

  • 2014, c. 20, s. 366(E)
  • SOR/2019-169, s. 3

Marginal note:Application for registration number

  •  (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.

  • SOR/2018-69, s. 71
  • SOR/2019-169, s. 3

Marginal note:Issuance of registration number

 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.

  • SOR/81-22, s. 1
  • SOR/2019-169, s. 3

Marginal note:Cancellation of registration number

 The Minister must cancel the registration number for a test kit if

  • (a) the test kit is removed from the market by the manufacturer;

  • (b) the Minister has reasonable grounds to believe that the test kit is used or is likely to be used for any purpose other than a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose; or

  • (c) the Minister has reasonable grounds to believe that the cancellation is necessary to protect public health or safety, including to prevent a narcotic from being diverted to an illicit market or use.

  • SOR/2019-169, s. 3

Licensed Dealers

[SOR/2004-237, s. 2]

Authorized Activities

Marginal note:General

  •  (1) A licensed dealer may produce, assemble, sell, provide, transport, send, deliver, import or export a narcotic if they comply with these Regulations and the terms and conditions of their dealer’s licence and any permit issued under these Regulations.

  • Marginal note:Qualified person in charge present

    (2) A licensed dealer may conduct an activity in relation to a narcotic at their site only if the qualified person in charge or an alternate qualified person in charge is present at the site.

  • Marginal note:Permit — import and export

    (3) A licensed dealer must obtain a permit in order to import or export a narcotic.

  • Marginal note:Possession for export

    (4) A licensed dealer may possess a narcotic for the purpose of exporting it if they have obtained it in accordance with these Regulations.

  • Marginal note:Opium poppy — production

    (5) A licensed dealer may cultivate, propagate or harvest opium poppy only for scientific purposes.

  • SOR/2004-237, s. 3
  • SOR/2013-119, s. 203
  • SOR/2016-123, s. 1
  • SOR/2016-230, ss. 264, 278
  • SOR/2018-147, s. 3
  • SOR/2019-169, s. 3
 
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