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 2020-10-05 and last amended on 2019-12-09. Previous Versions

Pharmacists (continued)

Notice of Prohibition of Sale (continued)

Marginal note:Notice of retraction

 The Minister must provide the licensed dealers, pharmacies and provincial professional licensing authorities who were sent 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 sent 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 besent, and

    • (ii) provided a letter from the provincial professional licensing authority of the province, in which the pharmacist is 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
  • SOR/2019-169, s. 15

 [Repealed, SOR/2003-134, s. 4]

Practitioners

Administer, Prescribe or Sell Narcotics

[SOR/2019-169, s. 16]

Marginal note:Restriction

  •  (1) No practitioner shall administer a narcotic to a person or animal, or prescribe, sell or provide a narcotic for a person or animal, except as authorized under this section.

  • Marginal note:Conditions

    (2) Subject to subsection (4), a practitioner may administer a narcotic to a person or animal, or prescribe, sell or provide it for a person or animal, if

    • (a) the person or animal is a patient under their professional treatment; and

    • (b) the narcotic is required for the condition for which the person or animal is receiving treatment.

  • (3) [Repealed, SOR/2018-37, s. 6]

  • Marginal note:Heroin

    (4) A practitioner of dentistry or veterinary medicine shall not administer diacetylmorphine (heroin) to an animal or to a person who is not an in-patient or out-patient of a hospital providing care or treatment to persons, and shall not prescribe, sell or provide diacetylmorphine (heroin) for an animal or such a person.

  • (5) [Repealed, SOR/2018-147, s. 16]

  • SOR/85-930, s. 7
  • SOR/99-124, s. 6
  • SOR/2001-227, s. 71
  • SOR/2004-237, s. 20
  • SOR/2012-230, s. 22
  • SOR/2013-119, s. 217
  • SOR/2013-172, s. 7
  • SOR/2016-230, ss. 269, 278
  • SOR/2016-239, s. 6
  • SOR/2018-37, s. 6
  • SOR/2018-147, s. 16

Marginal note:Record of narcotics sold or provided

  •  (1) A practitioner who sells or provides a narcotic to a person for self-administration or for administration to an animal shall, whether or not the practitioner charges for the narcotic, keep a record showing the name and quantity of the narcotic sold or provided, the name and address of the person to whom it was sold or provided and the date on which it was sold or provided, if the quantity of the narcotic exceeds

    • (a) three times the maximum daily dosage recommended by the manufacturer or assembler of the narcotic for that narcotic; or

    • (b) three times the generally recognized maximum daily therapeutic dosage for the narcotic if the manufacturer or assembler has not recommended a maximum daily dosage.

  • Marginal note:Accessibility of record

    (2) The practitioner shall keep the record in a place, form and manner that will permit an inspector readily to examine and obtain information from it.

  • SOR/2004-237, s. 21
  • SOR/2013-119, s. 218
  • SOR/2016-230, s. 270
  • SOR/2018-147, s. 17
  • SOR/2019-169, s. 17

General Obligations of Practitioner

[SOR/2019-169, s. 18]

Marginal note:Requirements

 A practitioner shall

  • (a) furnish to the Minister any information that the Minister may require respecting

    • (i) the use by the practitioner of narcotics received — including the administering, selling or providing of them to a person,

    • (ii) the prescriptions for narcotics issued by the practitioner; and

    • (iii) [Repealed, SOR/2018-147, s. 18]

  • (b) produce to an inspector on request any records that these Regulations require the practitioner to keep;

  • (c) permit an inspector to make copies of such records or to take extracts therefrom;

  • (d) permit an inspector to check all stocks of narcotics on the practitioner’s premises;

  • (e) retain in his possession for at least two years any record that these Regulations require him to keep;

  • (f) take adequate steps to protect narcotics in his possession from loss or theft; and

  • (g) report to the Minister any loss or theft of a narcotic within 10 days of the practitioner’s discovery of the loss or theft.

  • SOR/2004-237, s. 22
  • SOR/2013-119, s. 219
  • SOR/2016-230, s. 271
  • SOR/2018-147, s. 18

 [Repealed, SOR/2010-221, s. 14]

Communication of Information by Minister to Licensing Authority

Marginal note:Contraventions by practitioner

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

  • (a) in the province in which the practitioner is or was registered and entitled to practise if

    • (i) the authority submits to the Minister a written request that sets out the practitioner’s name and address, a description of the information being requested 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 practitioner has

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

      • (B) been convicted of a designated substance offence, or

      • (C) contravened these Regulations; or

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

    • (i) a written request that sets out the practitioner’s name and address and a description of the information being requested, and

    • (ii) a document that shows that

      • (A) the practitioner has applied to that authority to practise in that province, or

      • (B) the authority has reasonable grounds to believe that the practitioner is practising in that province without being authorized to do so.

  • SOR/86-882, s. 2
  • SOR/2003-134, s. 5
  • SOR/2010-221, s. 17
  • SOR/2013-119, s. 220
  • SOR/2015-132, s. 2
  • SOR/2016-230, s. 272
  • SOR/2018-147, s. 19
  • SOR/2019-169, s. 19

Notice of Prohibition of Sale

Marginal note:Request by practitioner

 A practitioner may make a written request to the Minister to send to licensed dealers and pharmacies a notice, issued under section 59, 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 practitioner;

  • (b) recipients of the notice must not sell or provide a verbal prescription narcotic to the practitioner;

  • (c) pharmacists practising in the notified pharmacies must not fill a prescription or order for a narcotic, other than a verbal prescription narcotic, written by that practitioner; or

  • (d) pharmacists practising in the notified pharmacies must not fill a prescription or order for a verbal prescription narcotic from that practitioner.

  • (e) [Repealed, SOR/2018-147, s. 20]

  • (f) and (g) [Repealed, SOR/2013-119, s. 221]

  • SOR/2003-134, s. 5
  • SOR/2013-119, s. 221
  • SOR/2016-230, s. 273
  • SOR/2018-147, s. 20
 
Date modified: