Narcotic Control Regulations

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, subject to subsection (2),

  • (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)

• Marginal note:Exception

  (2) Despite subitem 2(2) of the schedule, the following are not narcotics for the purposes of these Regulations:

  • (a) a drug in dosage form, as defined in subsection C.01.005(3) of the Food and Drug Regulations, that contains cocaine (benzoylmethylecgonine) or any of its salts unless the drug

    • (i) has a drug identification number assigned to it under Division 1 of Part C of those Regulations,

    • (ii) is authorized for sale under Division 5 of Part C of those Regulations, or

    • (iii) is compounded by a pharmacist in accordance with or in anticipation of an authorization from a practitioner that a stated amount of the drug be dispensed for a person who is or will be named in the authorization; or

  • (b) cocaine (benzoylmethylecgonine) or any of its salts or any drug that is not in dosage form that contains such a substance, unless the cocaine, salt or drug is to be compounded by a pharmacist in accordance with or in anticipation of an authorization from a practitioner that a stated amount of the drug be dispensed for a person who is or will be named in the authorization.