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

Regulations are current to 2019-07-01 and last amended on 2019-06-17. Previous Versions

Dealers’ Licences and Licensed Dealers (continued)

[SOR/2004-237, s. 2]
  •  (1) The Minister shall suspend a permit without prior notice if

    • (a) the dealer’s licence as it pertains to the narcotic to be imported or exported has expired or has been suspended or revoked;

    • (b) the Minister has reasonable grounds to believe that the suspension is necessary to protect public health, safety or security;

    • (c) the Minister has reasonable grounds to believe that the continuation of the permit would present a risk of a narcotic being diverted to an illicit market or use; or

    • (d) the import or export would contravene the laws of the country of export or import, or a country of transit or transhipment.

  • (2) A decision of the Minister to suspend a permit, takes effect as soon as the Minister notifies the holder of the decision and provides a written report of the reasons for the suspension.

  • (3) A person whose permit is suspended under subsection (1) may, within 10 days after receiving the notice of suspension, provide the Minister with reasons why the suspension is unfounded.

  • SOR/2010-221, s. 8
  •  (1) A dealer’s licence is valid until the earlier of

    • (a) the expiry date set out in the licence, and

    • (b) the revocation or suspension of the licence under section 9.8, 9.9 or 9.91.

  • (2) A permit issued under section 10 is valid only for the particular importation or exportation in respect of which it was issued.

  • SOR/2004-237, s. 7

 Every licensed dealer shall keep a record of the following:

  • (a) the name and quantity of any narcotic received by the licensed dealer, the name and address of the person who sold or provided it and the date on which it was received;

  • (b) the name, quantity and form of any narcotic sold or provided by the licensed dealer, the name and address of the person to whom it was sold or provided and the date on which it was sold or provided;

  • (c) the name and quantity of any narcotic used in the making or assembling of a product or compound containing that narcotic, the name and quantity of the product or compound made or assembled and the date on which the product or compound was placed in stock;

  • (c.1) the name and quantity of any narcotic produced and the date on which it was placed in stock; and

  • (d) the name and quantity of any narcotic in stock at the end of each month.

  • SOR/2004-237, s. 8
  •  (1) The Minister may, in respect of an applicant for a dealer’s licence or a licensed dealer, require an inspection, at any reasonable time, of

    • (a) the premises used or intended to be used in producing, making, assembling or storing a narcotic; and

    • (b) the process and conditions of the producing, making, assembling or storing.

  • (2) [Repealed, SOR/2010-221, s. 9]

  • SOR/2004-237, s. 9
  • SOR/2010-221, s. 9

 Every licensed dealer shall

  • (a) furnish such information respecting the dealings of such person in any narcotic in such form and at such times as the Minister may require;

  • (b) produce to an inspector any books, records or documents required to be kept by these Regulations;

  • (c) permit an inspector to make copies of or to take extracts from such books, records and documents; and

  • (d) permit an inspector to check all stocks of narcotics located on the premises described in the licence of the licensed dealer.

 Every licensed dealer shall keep in the premises described in the licence full and complete records respecting any narcotic or transaction therein

  • (a) for a period of at least two years; and

  • (b) in a manner that will enable an audit to be made at any time of such records.

 Every licensed dealer shall notify the Minister promptly of changes in the following:

  • (a) [Repealed, SOR/2010-221, s. 10]

  • (b) the premises in which a narcotic is produced, made, assembled or stored; and

  • (c) the process and conditions of the producing, making, assembling or storing.

  • SOR/2004-237, s. 10
  • SOR/2010-221, s. 10

 Every licensed dealer shall

  • (a) provide such protection against loss or theft of any narcotic in his possession as may be required by the Minister; and

  • (b) report to the Minister any loss or theft of a narcotic within 10 days of his discovery thereof.

 A licensed dealer may only import into or export out of Canada a narcotic at the place specified in his permit.

 A licensed dealer shall securely pack in a package sealed in such a manner that it cannot be opened without breaking the seal any narcotic intended for export out of Canada.

  •  (1) Except as provided in subsection (2), a licensed dealer shall, in taking delivery of a narcotic imported by him or in making delivery of a narcotic,

    • (a) take such steps as are necessary to ensure safekeeping of the said narcotic during transit; and

    • (b) use such method of transportation as will ensure an accurate record being kept of the narcotic and of the signatures of any persons having charge of the narcotic until it is delivered to the consignee.

  • (2) A licensed dealer may deliver a verbal prescription narcotic by common carrier.

  • SOR/85-588, s. 4(E)
  •  (1) No licensed dealer shall sell or provide a narcotic to any person except in accordance with this section and sections 27 and 28.

  • (2) Subject to section 25, a licensed dealer may sell or provide any narcotic other than diacetylmorphine (heroin) to

    • (a) another licensed dealer;

    • (b) a pharmacist;

    • (c) a practitioner;

    • (d) a hospital employee or a practitioner in a hospital;

    • (e) a person exempted under section 56 of the Act with respect to the possession of that narcotic; or

    • (f) [Repealed, SOR/2010-221, s. 11]

  • (2.1) For the purpose of subsection (2), for greater certainty, a licensed dealer may sell or provide a narcotic to a midwife, nurse practitioner or podiatrist only if the midwife, nurse practitioner or podiatrist is permitted to prescribe or possess the narcotic, or to conduct an activity with it, in accordance with sections 3 and 4 of the New Classes of Practitioners Regulations.

  • (2.2) [Repealed, SOR/2018-147, s. 9]

  • (3) [Repealed, SOR/2018-37, s. 2]

  • (4) Subject to section 25, a licensed dealer may sell or provide diacetylmorphine (heroin) to

    • (a) another licensed dealer;

    • (b) a hospital employee, if that hospital provides care or treatment to persons;

    • (c) a practitioner of medicine or a nurse practitioner;

    • (c.1) if practising in a hospital that provides care or treatment to persons, a practitioner of dentistry;

    • (c.2) a pharmacist; or

    • (d) a person exempted under section 56 of the Act with respect to the possession of that narcotic for a scientific purpose.

  • (5) [Repealed, SOR/2018-147, s. 9]

  • SOR/78-154, s. 3
  • SOR/85-588, s. 5
  • SOR/85-930, s. 3
  • SOR/86-173, s. 2
  • SOR/99-124, s. 2
  • SOR/2004-237, s. 11
  • SOR/2010-221, s. 11
  • SOR/2012-230, s. 18
  • SOR/2013-119, s. 209
  • SOR/2013-172, s. 5
  • SOR/2014-260, s. 22
  • SOR/2016-230, s. 266
  • SOR/2016-239, s. 4
  • SOR/2018-37, s. 2
  • SOR/2018-147, s. 9
 
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