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

Regulations are current to 2022-07-25 and last amended on 2022-03-31. Previous Versions

Licensed Dealers (continued)

[
  • SOR/2004-237, s. 2
]

Export Permits (continued)

Marginal note:Issuance

 Subject to section 21.4, on completion of the review of the export permit application, the Minister must issue to the licensed dealer an export permit that contains

  • (a) the permit number;

  • (b) the information set out in paragraphs 21(1)(a) to (f);

  • (c) the effective date of the permit;

  • (d) the expiry date of the permit, being the earliest of

    • (i) a date specified by the Minister that is not more than 180 days after its effective date,

    • (ii) the expiry date of the dealer’s licence, and

    • (iii) the expiry date of the import permit issued by the competent authority in the country of final destination; and

  • (e) any terms and conditions that the Minister has reasonable grounds to believe are necessary to

    • (i) ensure that an international obligation is respected, or

    • (ii) reduce a risk to public health or safety, including the risk of a narcotic being diverted to an illicit market or use.

Marginal note:Validity

 An export permit is valid until the earliest of

  • (a) the expiry date set out in the permit,

  • (b) the date of the suspension or revocation of the permit under section 22 or 23,

  • (c) the date of the suspension or revocation of the dealer’s licence under section 16 or 17, and

  • (d) the date of the expiry, suspension or revocation of the import permit that applies to the narcotic to be exported and that is issued by the competent authority in the country of final destination.

Marginal note:Return of permit

 If an export permit expires, the licensed dealer must return the original of the permit to the Minister within 15 days after its expiry.

Marginal note:Refusal

  •  (1) The Minister must refuse to issue an export permit if

    • (a) the licensed dealer is not authorized by their dealer’s licence to export the relevant narcotic or their dealer’s licence will expire before the date of export;

    • (b) the Minister has reasonable grounds to believe that the exportation would contravene an international obligation;

    • (c) the licensed dealer has not complied with the requirements of subsection 21(3) or the information or documents that they have provided are not sufficient to complete the review of the permit application;

    • (d) the Minister has reasonable grounds to believe that the licensed dealer has submitted false or misleading information or false or falsified documents in or in support of the permit application;

    • (e) the licensed dealer has been notified that their application to renew or amend their licence will be refused;

    • (f) the Minister has reasonable grounds to believe that the exportation would not be in conformity with the import permit issued by the competent authority of the country of final destination;

    • (g) the Minister has reasonable grounds to believe that the exportation would contravene the laws of the country of final destination or any country of transit or transhipment; or

    • (h) the Minister has reasonable grounds to believe that the issuance of the permit would likely create a risk to public health or safety, including the risk of a narcotic being diverted to an illicit market or use.

  • Marginal note:Notice

    (2) Before refusing to issue the export permit, the Minister must send the licensed dealer a notice that sets out the Minister’s reasons and gives the dealer an opportunity to be heard.

Marginal note:Providing copy of permit

 The holder of an export permit must provide a copy of the permit to the customs office at the time of exportation.

Marginal note:Declaration

 The holder of an export permit must provide the Minister, within 15 days after the day of export of the narcotic specified in the permit, with a declaration that contains the following information:

  • (a) their name and the numbers of their dealer’s licence and the export permit that applies to the narcotic;

  • (b) with respect to the narcotic,

    • (i) its name, as specified in the dealer’s licence,

    • (ii) if it is a salt, the name of the salt, and

    • (iii) its quantity;

  • (c) if the narcotic is contained in a product that they have exported,

    • (i) the brand name of the product,

    • (ii) the drug identification number that has been assigned to the product under section C.01.014.2 of the Food and Drug Regulations, if any, and

    • (iii) the strength per unit of the narcotic in the product, the number of units per package and the number of packages; and

  • (d) the name of the customs office from which the narcotic was exported and the date of export.

Marginal note:Suspension

  •  (1) The Minister must suspend an export permit without prior notice if

    • (a) the dealer’s licence is suspended;

    • (b) the Minister has reasonable grounds to believe that the suspension is necessary to protect public health or safety, including to prevent a narcotic from being diverted to an illicit market or use; or

    • (c) the exportation would contravene the laws of the country of final destination or any country of transit or transhipment.

  • Marginal note:Notice

    (2) The suspension takes effect as soon as the Minister sends the licensed dealer a notice that

    • (a) sets out the reasons for the suspension;

    • (b) gives the dealer an opportunity to be heard; and

    • (c) if applicable, specifies the corrective measures that must be carried out by the dealer and the date by which the dealer must do so.

  • Marginal note:Reinstatement of permit

    (3) The Minister must reinstate the export permit if the Minister has reasonable grounds to believe that the suspension is no longer necessary.

Marginal note:Revocation

  •  (1) Subject to subsection (2), the Minister must revoke an export permit if

    • (a) the licensed dealer requests the Minister to do so or informs the Minister of the loss or theft of the permit or the actual or potential unauthorized use of the permit;

    • (b) the licensed dealer does not carry out the corrective measures specified by the Minister under paragraph 22(2)(c) by the specified date;

    • (c) the licensed dealer has contravened a term or condition of the permit;

    • (d) the Minister has reasonable grounds to believe that the licensed dealer submitted false or misleading information or false or falsified documents in or in support of the application for the permit;

    • (e) information received from a competent authority or the United Nations gives the Minister reasonable grounds to believe that the licensed dealer has been involved in the diversion of a narcotic to an illicit market or use; or

    • (f) the dealer’s licence has been revoked.

  • Marginal note:Exceptions

    (2) The Minister must not revoke an export permit for a ground set out in paragraph (1)(d) or 17(1)(e) or (g) if the licensed dealer meets the following conditions, unless the Minister has reasonable grounds to believe that it is necessary to do so to protect public health or safety, including to prevent a narcotic from being diverted to an illicit market or use:

    • (a) the licensed dealer does not have a history of non-compliance with the Act, the Cannabis Act or their regulations; and

    • (b) the licensed dealer has carried out, or signed an undertaking to carry out, the necessary corrective measures to ensure compliance with the Act, the Cannabis Act or their regulations.

  • Marginal note:Notice

    (3) Before revoking an export permit, the Minister must send the licensed dealer a notice that sets out the Minister’s reasons and gives the dealer an opportunity to be heard.

Marginal note:Return of permit

 If an export permit is revoked, the licensed dealer must return the original of the permit to the Minister within 15 days after the effective date of the revocation.

Identification

Marginal note:Name

 A licensed dealer must include their name, as set out in their dealer’s licence, on all the means by which they identify themself in regard to their activities in relation to narcotics, including labels, orders, shipping documents, invoices and advertising.

  • 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
  • SOR/2019-169, s. 3

Sale of Narcotics

Marginal note:Sale to another licensed dealer

 A licensed dealer may sell or provide a narcotic to another licensed dealer.

Marginal note:Sale to pharmacist

  •  (1) Subject to subsection (2), a licensed dealer may sell or provide a narcotic to a pharmacist.

  • Marginal note:Exception — pharmacist named in notice

    (2) A licensed dealer must not sell or provide to a pharmacist who is named in a notice issued under subsection 48(1) the narcotics referred to in the notice.

  • Marginal note:Retraction

    (3) Subsection (2) does not apply to a licensed dealer that has received a notice of retraction issued under section 49 in respect of a pharmacist named in a notice issued under subsection 48(1).

Marginal note:Sale to practitioner

  •  (1) Subject to subsections (2) and (3), a licensed dealer may sell or provide to a practitioner a narcotic other than diacetylmorphine (heroin).

  • Marginal note:Exception — heroin

    (2) A licensed dealer may sell or provide diacetylmorphine (heroin) to the following practitioners:

    • (a) a practitioner of medicine;

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

    • (c) a nurse practitioner.

  • Marginal note:Exception — practitioner named in notice

    (3) A licensed dealer must not sell or provide to a practitioner who is named in a notice issued under subsection 59(1) the narcotics referred to in the notice unless the dealer has received a notice of retraction issued under section 60.

Marginal note:Provision to hospital employee

  •  (1) Subject to subsection (2), a licensed dealer may provide a narcotic to a hospital employee.

  • Marginal note:Exception — heroin

    (2) A licensed dealer may provide diacetylmorphine (heroin) to a hospital employee only if that hospital provides care or treatment to persons.

Marginal note:Sale to exempted person

 A licensed dealer may sell or provide a narcotic to a person who is exempted under section 56 of the Act with respect to the possession of that narcotic.

Marginal note:Sale to Minister

 A licensed dealer may sell or provide a narcotic to the Minister.

Marginal note:Written order

 A licensed dealer may sell or provide a narcotic under any of sections 25 to 25.5 if

  • (a) the dealer has received a written order that specifies the name and quantity of the narcotic to be supplied and is signed and dated

    • (i) in the case of a narcotic to be provided to a hospital employee or a practitioner in a hospital, by the pharmacist in charge of the hospital’s pharmacy or by a practitioner authorized by the person in charge of the hospital to sign the order, and

    • (ii) in any other case, by the person to whom the narcotic is to be sold or provided; and

  • (b) the dealer has verified the signature, if it is unknown to them.

 
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