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

Regulations are current to 2019-08-15 and last amended on 2019-06-17. Previous Versions

Pharmacists (continued)

  •  (1) A pharmacist may, on receiving a written order for a narcotic

    • (a) return the narcotic to the licensed dealer who sold or provided it to the pharmacist, if the order is signed and dated by the licensed dealer; or

    • (b) sell or provide to another pharmacist the quantity of the narcotic that is specified in the order as being required for emergency purposes, if the order is signed and dated by the other pharmacist.

  • (2) A pharmacist shall, immediately after returning, selling or providing a narcotic under subsection (1) or after receiving a narcotic under paragraph (1)(b) or subsection 65(4), enter the details of the transaction in a book, register or other record maintained for the purpose of recording such transactions.

  • (3) A pharmacist shall forthwith after removing, transporting or transferring a narcotic from his place of business to any other place of business operated by him notify the Minister setting out the details thereof.

  • SOR/81-361, s. 5
  • SOR/85-588, s. 18
  • SOR/2004-237, s. 19
  • SOR/2013-119, s. 213(E)
  • SOR/2014-260, s. 24(E)

 The Minister shall provide in writing any factual information about a pharmacist that has been obtained under the Act or these Regulations to the provincial professional licensing authority responsible for the registration or authorization of the person to practise their profession

  • (a) in the province in which the pharmacist is registered or entitled to practise if

    • (i) the authority submits a written request that states the name and address of the pharmacist, a description of the information being sought and a statement that the information is required for the purpose of assisting a lawful investigation by the authority, or

    • (ii) the Minister has reasonable grounds to believe that the pharmacist has

      • (A) contravened a rule of conduct established by the authority,

      • (B) been found guilty in a court of law of a designated drug offence or of a contravention of these Regulations, or

      • (C) contravened a provision of these Regulations; or

  • (b) in a province in which the pharmacist is not registered or entitled to practise, if the authority submits to the Minister

    • (i) a written request for information that states

      • (A) the name and address of the pharmacist, and

      • (B) a description of the information being sought, and

    • (ii) documentation that shows that the pharmacist has applied to that authority to practise in that province.

  • SOR/86-882, s. 1
  • SOR/2003-134, s. 4
  • SOR/2010-221, s. 17
  • SOR/2013-119, s. 214
  • SOR/2016-230, s. 278
  • SOR/2018-147, s. 13

 A pharmacist may make a written request to the Minister to send to the persons and authorities specified in subsection 48(3) a notice, issued under section 48, advising them of one or more of the following requirements:

  • (a) recipients of the notice must not sell or provide a narcotic, other than a verbal prescription narcotic, to that pharmacist;

  • (b) recipients of the notice must not sell or provide a verbal prescription narcotic, other than a preparation mentioned in section 36, to that pharmacist; and

  • (c) the recipients of the notice must not sell or provide a preparation mentioned in section 36 to that pharmacist.

  • SOR/2003-134, s. 4
  •  (1) In the circumstances described in subsection (2), the Minister must issue a notice to the persons and authorities specified in subsection (3) advising them that licensed dealers and pharmacists practising in the notified pharmacies must not sell or provide to the pharmacist named in the notice one or more of the following:

    • (a) a narcotic, other than a verbal prescription narcotic;

    • (b) a verbal prescription narcotic, other than a preparation mentioned in section 36; or

    • (c) a preparation mentioned in section 36.

  • (2) The notice must be issued if the pharmacist named in the notice has

    • (a) made a request to the Minister in accordance with section 47 to issue the notice;

    • (b) contravened a rule of conduct established by the provincial professional licensing authority of the province in which the pharmacist is practising and that provincial professional licensing authority has requested the Minister in writing to issue the notice; or

    • (c) been found guilty in a court of law of a designated drug offence or of an offence under these Regulations.

  • (3) The notice must be issued to

    • (a) all licensed dealers;

    • (a.1) [Repealed, SOR/2018-147, s. 14]

    • (b) all pharmacies within the province in which the pharmacist named in the notice is registered and practising;

    • (c) the provincial professional licensing authority of the province in which the pharmacist named in the notice is registered or entitled to practise; and

    • (d) any interested provincial professional licensing authority in another province that has made a request to the Minister to issue the notice.

  • (4) Subject to subsection (5), the Minister may issue the notice described in subsection (1) to the persons and authorities specified in subsection (3), if the Minister, on reasonable grounds, believes that the pharmacist named in the notice

    • (a) has contravened any of the provisions of sections 30 to 45 or section 70;

    • (b) has, on more than one occasion, self-administered a narcotic, other than a verbal prescription narcotic, contrary to accepted pharmaceutical practice;

    • (c) has, on more than one occasion, self-administered a verbal prescription narcotic, other than a preparation mentioned in section 36, contrary to accepted pharmaceutical practice;

    • (d) has, on more than one occasion, provided or administered a narcotic, other than a verbal prescription narcotic, to a person who is a spouse, common-law partner, parent or child of the pharmacist, including a child adopted in fact, contrary to accepted pharmaceutical practice;

    • (e) has, on more than one occasion, provided or administered a verbal prescription narcotic, other than a preparation mentioned in section 36, to a person who is a spouse, common-law partner, parent or child of the pharmacist, including a child adopted in fact, contrary to accepted pharmaceutical practice; or

    • (f) is unable to account for the quantity of narcotic for which the pharmacist was responsible under these Regulations.

  • (5) In the circumstances described in subsection (4), the Minister must not issue the notice referred to in subsection (1) until the Minister has

    • (a) consulted with the provincial professional licensing authority of the province in which the pharmacist to whom the notice relates is registered or entitled to practise;

    • (b) given that pharmacist an opportunity to present reasons why the notice should not be issued and considered those reasons; and

    • (c) considered

      • (i) the compliance history of the pharmacist in respect of the Act and the regulations made or continued under it, and

      • (ii) whether the actions of the pharmacist pose a significant security, public health or safety hazard, including the risk of the narcotic being diverted to an illicit market or use.

  • SOR/2003-134, s. 4
  • SOR/2010-221, ss. 17, 18(F)
  • SOR/2013-119, s. 215
  • SOR/2016-230, s. 278
  • SOR/2018-147, s. 14

 The Minister must provide the licensed dealers, pharmacies and provincial professional licensing authorities who were issued a notice under subsection 48(1) with a notice of retraction of that notice if

  • (a) in the circumstance described in paragraph 48(2)(a), the requirements set out in subparagraphs (b)(i) and (ii) have been met and one year has elapsed since the notice was issued by the Minister; or

  • (b) in a circumstance described in any of paragraphs 48(2)(b) and (c) and (4)(a) to (f), the pharmacist named in the notice has

    • (i) requested in writing that a retraction of the notice be issued, and

    • (ii) provided a letter from the provincial professional licensing authority of the province, in which the pharmacist is registered or entitled to practise, in which the authority consents to the retraction of the notice.

  • SOR/2003-134, s. 4
  • SOR/2010-221, s. 17
  • SOR/2013-119, s. 216
  • SOR/2018-147, s. 15
 
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