Narcotic Control Regulations

2 (1) In these Regulations,

Act

Act means the Controlled Drugs and Substances Act; (Loi)

advertisement

advertisement means any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of a narcotic; (annonce)

cannabis

cannabis means the substance set out in item 17 of the schedule; (chanvre indien)

cannabis medical document

cannabis medical document has the meaning assigned by the definition medical document in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations; (document médical concernant le chanvre indien)

cannabis oil

cannabis oil has the same meaning as in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations; (huile de chanvre indien)

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)

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)

designated drug offence

designated drug offence means

• (a) an offence against section 39, 44.2, 44.3, 48, 50.2 or 50.3 of the Food and Drugs Act, as those provisions read immediately before May 14, 1997,

• (b) an offence against section 4, 5, 6, 19.1 or 19.2 of the Narcotic Control Act, as those provisions read immediately before May 14, 1997,

• (c) an offence under Part I of the Act, except subsection 4(1), or

• (d) 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 (c); (infraction désignée en matière de drogue)

diacetylmorphine (heroin)

diacetylmorphine (heroin) includes the salts of diacetylmorphine; (diacétylmorphine (héroïne))

dried marihuana

dried marihuana has the same meaning as in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations; (marihuana séchée)

former Marihuana for Medical Purposes Regulations

former Marihuana for Medical Purposes Regulations means the regulations made by Order in Council P.C. 2013-645 of June 6, 2013 and registered as SOR/2013-119; (ancien Règlement sur la marihuana à des fins médicales)

former Marihuana Medical Access Regulations

former Marihuana Medical Access Regulations means the regulations made by Order in Council P.C. 2001-1146 of June 14, 2001 and registered as SOR/2001-227; (ancien Règlement sur l’accès à la marihuana à des fins médicales).

former marihuana Regulations

former marihuana Regulations[Repealed, SOR/2016-230, s. 261]

fresh marihuana

fresh marihuana has the same meaning as in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations; (marihuana fraîche)

health care practitioner

health care practitioner has, except in section 59, the same meaning as in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations; (praticien de la santé)

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)

immediate container

immediate container means the container that is in direct contact with the narcotic; (contenant immédiat)

inspector

inspector[Repealed, SOR/97-227, s. 1]

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)

licence

licence[Repealed, SOR/2004-237, s. 1]

licensed dealer

licensed dealer means the holder of a licence issued under section 9.2; (distributeur autorisé)

licensed producer

licensed producer has the same meaning as in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations; (producteur autorisé)

marihuana

marihuana means the substance referred to as “Cannabis (marihuana)” in subitem 17(2) of the schedule; (marihuana)

medical marihuana document

medical marihuana document[Repealed, SOR/2016-230, s. 261]

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)

Minister

Minister[Repealed, SOR/97-227, s. 1]

narcotic

narcotic means, subject to subsection (2),

• (a) any substance set out in the schedule or anything that contains the substance, or

• (b) in respect of a midwife, nurse practitioner or podiatrist, any substance set out in the schedule, or anything that contains the substance, 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)

oral prescription narcotic

oral prescription narcotic[Repealed, SOR/85-588, s. 1]

permit

permit means a permit issued under section 10; (permis)

pharmacist

pharmacist means

• (a) a person who is registered or otherwise entitled under the laws of a province to practise pharmacy and to operate a pharmacy or dispensary and who

  • (i) is practising pharmacy in that province, and

  • (ii) is operating a pharmacy or dispensary in that province, and

• (b) for the purpose of subsection 2(2), sections 3, 31 to 39, subsections 44(1), 45(1) and (2), section 46 and subsections 65(3) to (4), a person who is registered or otherwise 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)

practitioner

practitioner[Repealed, SOR/97-227, s. 1]

prescription

prescription means, in respect of a narcotic, an authorization given by a practitioner that a stated amount of the narcotic be dispensed for the person named in the prescription; (ordonnance)

proper name

proper name, with reference to a narcotic, means the name internationally recognized for the narcotic or the name assigned to the narcotic in the latest edition of any generally recognized pharmacopoeia or compendium of drugs; (nom propre)

qualified person in charge

qualified person in charge means the individual with the qualifications specified in subsection 8.3(2) who is responsible for supervising the activities carried out by a licensed dealer under their licence at the premises specified in the licence; (personne qualifiée responsable)

Security Directive

Security Directive means the Directive on Physical Security Requirements for Controlled Substances (Security Requirements for Licensed Dealers for the Storage of Controlled Substances) published by the Department, as amended from time to time; (Directive en matière de sécurité)

test kit

test kit means an apparatus

• (a) that contains reagent systems or buffering agents or both,

• (b) that is used in the course of a chemical or analytical procedure for medical, laboratory, industrial, educational or research purposes, and

• (c) the contents of which are not intended for administration to humans; (nécessaire d’essai)

transfer

transfer means, except in subsection 45(3), to transfer, whether directly or indirectly, without consideration; (transférer)

verbal order

verbal order means an order given orally; (commande verbale)

verbal prescription narcotic

verbal prescription narcotic means medication that

• (a) contains in addition to a narcotic two or more medicinal ingredients other than a narcotic in a recognized therapeutic dose,

• (b) is not intended for parenteral administration, and

• (c) does not contain diacetylmorphine (heroin), hydrocodone, methadone, oxycodone or pentazocine. (stupéfiant d’ordonnance verbale)

written order

written order[Repealed, SOR/85-588, s. 1]

(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 has a drug identification number assigned to it under Division 1 of Part C of those Regulations, is authorized for sale under Division 5 of Part C of those Regulations or has been 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.