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Narcotic Control Regulations

Version of section 3 from 2018-05-20 to 2018-10-16:

  •  (1) A person is authorized to have a narcotic in his or her possession where the person has obtained the narcotic under these Regulations, in the course of activities performed in connection with the enforcement or administration of an Act or regulation, or from a person who is exempt under section 56 of the Act from the application of subsection 5(1) of the Act with respect to that narcotic, and the person

    • (a) requires the narcotic for his business or profession and is

      • (i) a licensed dealer,

      • (ii) a pharmacist, or

      • (iii) a practitioner who is registered and entitled to practise in the province in which he has such possession;

    • (b) is a practitioner who is registered and entitled to practise in a province other than the province in which he has such possession and such possession is for emergency medical purposes only;

    • (c) is a hospital employee or a practitioner in a hospital;

    • (d) has obtained the narcotic for his or her own use

      • (i) from a practitioner,

      • (ii) pursuant to a prescription that is not issued or obtained in contravention of these Regulations,

      • (iii) from a pharmacist pursuant to section 36, or

      • (iv) pursuant to a cannabis medical document that is not provided or obtained in contravention of the Access to Cannabis for Medical Purposes Regulations;

    • (e) is a practitioner of medicine who received the narcotic pursuant to subsection 68(3) or (5) and his possession is for a purpose referred to in subsection 68(4) or (6);

    • (f) is an agent or mandatary of a practitioner of medicine who received the narcotic pursuant to section 68(3) and his possession is for the purpose of complying with subsection 68(5);

    • (g) is employed as an inspector, a member of the Royal Canadian Mounted Police, a police constable, peace officer or member of the technical or scientific staff of any department of the Government of Canada or of a province or university and such possession is for the purposes of and in connection with such employment;

    • (h) is a person other than a person referred to in paragraph (e) or (f), is exempted under section 56 of the Act with respect to the possession of that narcotic and whose possession is for a purpose set out in the exemption; or

    • (i) is a person referred to in paragraph 68(4)(b).

  • (2) A person is authorized to have a narcotic in his possession where the person is acting as the agent or mandatary for any person referred to in paragraphs (1)(a) to (e), (h) or (i).

  • (2.1) A person is authorized to have a narcotic in his possession where

    • (a) the person is acting as the agent or mandatary for a person he has reasonable grounds to believe is a person referred to in paragraph (1)(g); and

    • (b) the possession of the narcotic is for the purpose of assisting that person in the enforcement or administration of an Act or regulation.

  • (3) [Repealed, SOR/2012-230, s. 15]

  • SOR/85-588, s. 2
  • SOR/85-930, s. 2
  • SOR/97-227, s. 2
  • SOR/99-124, s. 1
  • SOR/2012-230, s. 15
  • SOR/2013-119, s. 202
  • SOR/2013-172, s. 4
  • SOR/2016-230, s. 263
  • SOR/2016-239, s. 3
  • SOR/2018-37, s. 1
  • SOR/2018-69, ss. 75, 76
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