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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
]

Documents (continued)

Marginal note:Verbal prescription narcotic

 A licensed dealer that receives a verbal order for a verbal prescription narcotic and sells or provides it to a pharmacist, a practitioner or a hospital employee must immediately record

  • (a) the name of the person who placed the order;

  • (b) the date on which the order was received; and

  • (c) the name of the person recording the order.

Marginal note:Explainable loss of narcotic

 A licensed dealer that becomes aware of a loss of a narcotic that can be explained on the basis of normally accepted business activities must record the following information:

  • (a) the name of the lost narcotic and, if applicable, the brand name of the product or the name of the compound containing it;

  • (b) the form and quantity of the narcotic and, if applicable, the form of the product or compound containing it, the strength per unit of the narcotic in the product or compound, the number of units per package and the number of packages;

  • (c) the date on which the dealer became aware of the loss; and

  • (d) the explanation for the loss.

Marginal note:Destruction

 A licensed dealer must record the following information concerning any narcotic that they destroy at the site specified in their licence:

  • (a) the municipal address of the place of destruction;

  • (b) the name, form and quantity of the narcotic and, if applicable, the brand name and quantity of the product containing the narcotic or the name and quantity of the compound containing the narcotic;

  • (c) the method of destruction; and

  • (d) the date of destruction.

Marginal note:Annual report

  •  (1) Subject to subsections (2) and (3), a licensed dealer must provide to the Minister, within three months after the end of each calendar year, an annual report that contains

    • (a) the name, form and total quantity of each narcotic that they receive, produce, sell, provide, import, export or destroy during the calendar year, as well as the name and total quantity of each narcotic that they use to manufacture or assemble a product or compound;

    • (b) the name, form and quantity of each narcotic in physical inventory taken at the site specified in their licence at the end of the calendar year; and

    • (c) the name, form and quantity of any narcotic that has been lost or stolen in the course of conducting activities during the calendar year.

  • Marginal note:Non-renewal or revocation within first three months

    (2) If a licensed dealer’s licence expires without being renewed or is revoked during the first three months of a calendar year, the dealer must provide to the Minister

    • (a) within three months after the end of the preceding calendar year, the annual report in respect of that year; and

    • (b) within three months after the expiry or revocation, a report in respect of the portion of the current calendar year during which the licence was valid that contains the information referred to in subsection (1), in which the quantity in physical inventory is to be calculated as of the date of expiry or revocation.

  • Marginal note:Non-renewal or revocation after third month

    (3) If a licensed dealer’s licence expires without being renewed or is revoked after the first three months of a calendar year, the dealer must provide to the Minister, within three months after the expiry or revocation, a report in respect of the portion of the calendar year during which the licence was valid that contains the information referred to in subsection (1) for that period, in which the quantity in physical inventory is to be calculated as of the date of expiry or revocation.

Marginal note:Retention period

 A licensed dealer and a former licensed dealer must keep any document containing the information that they are required to record under these Regulations, including every declaration and a copy of every report, for a period of two years following the day on which the last record is recorded in the document and in a manner that permits an audit of the document to be made at any time.

Marginal note:Location

 The documents must be kept

  • (a) in the case of a licensed dealer, at the site specified in their licence; and

  • (b) in the case of a former licensed dealer, at a location in Canada.

Marginal note:Quality of documents

 The documents must be complete and readily retrievable and the information in them must be legible and indelible.

Pharmacists

Record of Narcotics Received

[
  • SOR/2019-169, s. 4
]

Marginal note:General information

 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

Sale of Narcotics

[
  • SOR/2019-169, s. 5
]

Marginal note:Restriction

  •  (1) No pharmacist shall sell or provide narcotics except in accordance with this section and sections 34 to 36 and 45.

  • Marginal note:Exemption or written order or prescription

    (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 has verified the signature of the practitioner, if it is not known to them; 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 has verified the signature of the practitioner, if it is not known to them.

  • (2.1) [Repealed, SOR/2019-169, s. 6]

  • Marginal note:Methadone

    (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
  • SOR/2019-169, s. 6

Marginal note:Prohibition — pharmacist or practitioner named in notice

 Subject to section 33 and despite subsections 31(2) and (3) and sections 34 to 36, no pharmacist 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) dispense, 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 fill a prescription or order for a narcotic, other than a verbal prescription narcotic, from a practitioner named in such a notice; or

  • (e) dispense, sell or provide a verbal prescription narcotic to a practitioner named in a notice issued by the Minister under subsection 59(1) or fill a prescription or order for a verbal prescription narcotic from a practitioner named in such a notice.

Marginal note:Exception — notice of retraction

 Section 32 does not apply to a pharmacist 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 to under subsection 59(1).

Marginal note:Verbal prescription narcotic

 Subject to section 39, a pharmacist may dispense a verbal prescription narcotic on receipt of a verbal order or prescription given by a person whom the pharmacist has taken reasonable precautions to determine is a practitioner.

Marginal note:Provision to hospital

  •  (1) Subject to subsection (2), a pharmacist may provide a narcotic to an employee of a hospital or a practitioner in a hospital if the pharmacist receives a written order for the narcotic signed and dated by

    • (a) the pharmacist in charge of the hospital’s pharmacy;

    • (b) except in the case of diacetylmorphine (heroin), a practitioner who is authorized by the person in charge of the hospital to sign the order; or

    • (c) in the case of diacetylmorphine (heroin), a practitioner of medicine or dentistry or a nurse practitioner who is authorized by the person in charge of the hospital to sign the order.

  • Marginal note:Signature

    (2) Before providing a narcotic under subsection (1), the pharmacist receiving the order must know the signature on the order or verify it.

Marginal note:Low-dose codeine preparation

  •  (1) Subject to subsection (2), a pharmacist may, without a prescription, sell or provide a preparation containing not more than 8 mg or its equivalent of codeine phosphate per tablet or per unit in other solid form or not more than 20 mg or its equivalent of codeine phosphate per 30 mL in a liquid preparation if

    • (a) the preparation contains

      • (i) two additional medicinal ingredients other than a narcotic in a quantity of not less than the regular minimum single dose for one such ingredient or one-half the regular minimum single dose for each such ingredient, or

      • (ii) three additional medicinal ingredients other than a narcotic in a quantity of not less than the regular minimum single dose for one such ingredient or one-third the regular minimum single dose for each such ingredient; and

    • (b) there is legibly and conspicuously printed on the inner label and the outer label, as those terms are defined in section A.01.010 of the Food and Drug Regulations, a caution to the following effect:

      “This preparation contains codeine and should not be administered to children except on the advice of a physician, dentist or nurse practitioner.”

  • Marginal note:Use other than for recognized medical or dental purpose

    (2) No pharmacist shall sell or provide a preparation referred to in subsection (1) if the pharmacist has reasonable grounds to believe that the preparation is to be used for purposes other than recognized medical or dental purposes.

  • SOR/78-154, s. 5
  • SOR/85-588, s. 13
  • SOR/2004-237, s. 16
  • SOR/2012-230, s. 21

Marginal note:Maximum Quantity

 A pharmacist must not use an order or prescription to dispense a narcotic after the quantity of the narcotic specified in the order or prescription has been dispensed.

Records

Marginal note:Written order or prescription

 If, in accordance with a written order or prescription, a pharmacist dispenses a narcotic, other than dextropropoxyphene, the pharmacist must immediately enter in a book, register or other record maintained for such purposes

  • (a) their name or initials;

  • (b) the name, initials and municipal address of the practitioner who issued the order or prescription;

  • (c) the name and municipal address of the person named in the order or prescription;

  • (d) the name, form and quantity of the narcotic;

  • (e) the date on which the narcotic was dispensed; and

  • (f) the number assigned to the order or prescription.

 
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