Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Regulations are current to 2019-08-28 and last amended on 2019-06-17. Previous Versions

Dealers’ Licences and Licensed Dealers (continued)

[SOR/2004-237, s. 2]

 Subject to sections 26 and 36, no licensed dealer shall

  • (a) sell or provide a narcotic, other than a verbal prescription narcotic, to a pharmacist named in a notice issued by the Minister under paragraph 48(1)(a);

  • (b) sell or provide a verbal prescription narcotic, other than a preparation mentioned in section 36, to a pharmacist named in a notice issued by the Minister under paragraph 48(1)(b);

  • (c) sell or provide a preparation mentioned in section 36 to a pharmacist named in a notice issued by the Minister under paragraph 48(1)(c);

  • (d) sell or provide a narcotic, other than a verbal prescription narcotic, to a practitioner named in a notice issued by the Minister under subsection 59(1); or

  • (e) sell or provide a verbal prescription narcotic to a practitioner named in a notice issued by the Minister under subsection 59(1).

  • SOR/85-588, s. 6(E)
  • SOR/85-930, s. 4
  • SOR/2003-134, s. 2

 Section 25 does not apply to a licensed dealer to whom the Minister has issued a notice of retraction of the notice

  • (a) under section 49, in respect of a pharmacist named in a notice issued by the Minister under subsection 48(1); or

  • (b) under section 60, in respect of a practitioner named in a notice issued by the Minister under subsection 59(1).

  • SOR/2003-134, s. 2
  •  (1) Subject to this section, a licensed dealer may, in accordance with the terms and conditions of their dealer’s licence, sell or provide a narcotic under subsections 24(2) or (4) if the licensed dealer has, on the premises specified in the licence, received

    • (a) a written order,

    • (b) an order sent through a computer from a remote input device, or

    • (c) a verbal order for verbal prescription narcotics

    that specifies the name and quantity of the narcotic to be supplied.

  • (2) A licensed dealer who has received an order referred to in paragraph (1)(a) may sell or provide a narcotic under subsections 24(2) or (4) if

    • (a) the order is signed and dated

      • (i) if the narcotic is to be sold or provided to a person referred to in paragraph 24(2)(a), (b), (c) or (e) or 24(4)(a) or (d), by that person, or

      • (ii) if the narcotic is to be provided to a hospital employee or a practitioner in a hospital, by the pharmacist in charge of the dispensary of the hospital or by a practitioner authorized by the person in charge of the hospital to sign the order; and

    • (b) the signature of the person referred to in paragraph (a), if unknown to the licensed dealer, has been verified.

  • (3) A licensed dealer who has received an order referred to in paragraph (1)(b) or (c) may provide a narcotic to a hospital employee or to a practitioner in a hospital if the order has been placed by the pharmacist in charge of the dispensary of the hospital or by a practitioner authorized by the person in charge of the hospital to place the order.

  • (3.1) [Repealed, SOR/2018-37, s. 3]

  • (4) A licensed dealer may sell or provide a narcotic pursuant to an order received from a remote input device through a computer if the computer program and the remote input device meet the requirements of subsections (6) and (7).

  • (5) A licensed dealer who has received a verbal order referred to in paragraph (1)(c), and has sold or provided a verbal prescription narcotic to a person referred to in paragraph 24(2)(b), (c) or (d), shall immediately record

    • (a) the name of the person to whom the verbal prescription narcotic was sold or provided;

    • (b) if the verbal prescription narcotic was provided to a hospital employee or a practitioner in a hospital, the name of the person who placed the order; and

    • (c) the date the order was received.

  • (6) For the purposes of this section, a remote input device shall be a device for transmitting electronically orders for drugs, other than by voice communication, that

    • (a) contains a unique identifying code that can be related to the device and the pharmacist or practitioner in whose possession and care the remote input device has been placed;

    • (b) is in the possession and care of that pharmacist or practitioner; and

    • (c) is designed in such a way that the unique identifying code for the remote input device is an integral part of the circuitry and can only be modified by the dismantling of the device.

  • (7) For the purposes of this section, a computer program shall be able to

    • (a) identify the remote input device, the name and address of the pharmacist or practitioner in whose possession and care the remote input device has been placed;

    • (b) identify the pharmacist or practitioner placing the order by means of a code unique to that pharmacist or practitioner;

    • (c) process separately and identify narcotics by the segregation of orders for those narcotics;

    • (d) detect unusual orders and thereby necessitate intervention by the licensed dealer; and

    • (e) necessitate manual intervention by the licensed dealer if one or more of the check procedures fails.

  • (8) Where a licensed dealer has received an order referred to in paragraph (1)(b) from a pharmacist or practitioner, he shall, within five working days after filling the order, obtain and keep a receipt that includes

    • (a) the signature of the pharmacist or practitioner who received the narcotic;

    • (b) the date the pharmacist or practitioner received the narcotic; and

    • (c) the name and quantity of the narcotic.

  • (9) If a licensed dealer has not obtained a receipt from a pharmacist or practitioner under subsection (8) within the time prescribed by that subsection, the licensed dealer shall not, until after obtaining the receipt, sell or provide a narcotic to the pharmacist or practitioner pursuant to any further

    • (a) order sent through a computer from a remote input device referred to in paragraph (1)(b), or

    • (b) verbal order referred to in paragraph (1)(c) from that pharmacist or practitioner who placed the order for which no receipt has been received.

  • SOR/78-154, s. 4
  • SOR/85-588, s. 7
  • SOR/85-930, s. 5
  • SOR/99-124, s. 3
  • SOR/2004-237, s. 12
  • SOR/2010-221, s. 12
  • SOR/2012-230, s. 19
  • SOR/2013-119, s. 210
  • SOR/2013-172, s. 6
  • SOR/2014-260, ss. 23(E), 26(F)
  • SOR/2016-239, s. 5
  • SOR/2018-37, s. 3
  • SOR/2018-147, s. 10

 A licensed dealer must not sell or provide a narcotic, other than a preparation described in section 36, unless the narcotic is securely packed in its immediate container. The container must be sealed in such a manner that it cannot be opened without breaking the seal.

  • SOR/80-547, s. 1
  • SOR/2004-237, s. 13
  • SOR/2010-221, s. 13
  • SOR/2017-18, s. 24

 Section 28 does not apply to a test kit that contains a narcotic where a registration number has been issued for the test kit pursuant to section 6 and has not been cancelled pursuant to section 7.

Pharmacists

 A pharmacist who receives a narcotic from a licensed dealer shall immediately enter the following in a book, register or other record maintained for such purposes:

  • (a) the name and quantity of the narcotic received;

  • (b) the date the narcotic was received; and

  • (c) the name and address of the person from whom the narcotic was received.

  • SOR/85-588, s. 8
  • SOR/2013-119, s. 211
  • SOR/2016-230, s. 267
  • SOR/2018-147, s. 11
  •  (1) No pharmacist shall sell or provide narcotics except in accordance with this section and sections 34 to 36 and 45.

  • (2) A pharmacist may sell or provide a narcotic to a person

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

    • (b) except in the case of diacetylmorphine (heroin), if the pharmacist has received a written order or prescription for the narcotic that is signed and dated by a practitioner and the signature of the practitioner, if not known to the pharmacist, has been verified by the pharmacist; or

    • (c) in the case of diacetylmorphine (heroin), if the pharmacist has received a written order or prescription for the narcotic that is signed and dated by a practitioner of medicine or a nurse practitioner and the signature of the practitioner, if not known to the pharmacist, has been verified by the pharmacist.

  • (2.1) For the purpose of subsection (2), for greater certainty, a pharmacist 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.

  • (3) A pharmacist may sell or provide methadone to the following persons, in addition to the persons referred to in subsection (2):

    • (a) a licensed dealer;

    • (b) another pharmacist;

    • (c) a hospital employee; or

    • (d) a practitioner.

  • (4) [Repealed, SOR/2018-147, s. 12]

  • SOR/81-361, s. 2
  • SOR/85-588, s. 9
  • SOR/99-124, s. 4
  • SOR/2004-237, s. 14
  • SOR/2012-230, s. 20
  • SOR/2013-119, s. 212
  • SOR/2014-51, s. 1
  • SOR/2016-230, s. 268
  • SOR/2018-37, s. 4
  • SOR/2018-147, s. 12
 
Date modified: