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Narcotic Control Regulations

Version of section 3 from 2019-12-09 to 2024-03-06:


Marginal note:Authorized persons

  •  (1) A person is authorized to possess a narcotic if the person has obtained the narcotic in accordance with these Regulations, in the course of activities conducted in connection with the administration or enforcement 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 their 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 they possess the narcotic;

    • (b) is a practitioner who is registered and entitled to practise in a province other than the province in which they possess the narcotic for emergency medical purposes only;

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

    • (d) has obtained the narcotic for their own use

      • (i) from a practitioner,

      • (ii) in accordance with a prescription that was not issued or obtained in contravention of these Regulations, or

      • (iii) from a pharmacist under section 36;

    • (e) is a practitioner of medicine who received the narcotic under subsection 68(1) or (2) and their possession is for the purpose of providing or delivering it to a person referred to in subsection 68(3);

    • (f) is an agent or mandatary of a practitioner of medicine who received the narcotic under subsection 68(1) and their possession is for the purpose of providing or delivering it to a person referred to in subsection 68(2);

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

    • (h) is not a practitioner of medicine referred to in paragraph (e) or an agent or mandatary referred to in paragraph (f), is exempted under section 56 of the Act with respect to the possession of that narcotic and their possession is for a purpose set out in the exemption; or

    • (i) is the Minister.

  • Marginal note:Agent or mandatary

    (2) A person is authorized to possess a narcotic if the person is acting as the agent or mandatary of any person who is authorized to possess it in accordance with any of paragraphs (1)(a) to (e), (h) and (i).

  • Marginal note:Agent or mandatary — person referred to in paragraph (1)(g)

    (3) A person is authorized to possess a narcotic if

    • (a) the person is acting as the agent or mandatary of a person who they have reasonable grounds to believe is a person referred to in paragraph (1)(g); and

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

  • 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
  • SOR/2018-147, s. 2
  • SOR/2019-169, s. 3

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