PART GControlled Drugs (continued)
DIVISION 1General (continued)
Marginal note:Agricultural implants
G.01.002 (1) The Act and this Part do not apply in respect of a controlled drug that is contained in an agricultural implant and set out in Part III of the schedule to this Part, but nothing in this section exempts such a drug from the requirements of Part C.
Marginal note:Definition of agricultural implant
(2) In this section, agricultural implant means a product that is presented in a form suitable to allow sustained release of an active ingredient over a certain period of time and that is intended for insertion under the skin of a food-producing animal for the purpose of increasing weight gain and improving feed efficiency.
- SOR/97-515, s. 3
- SOR/99-125, s. 1
- SOR/2003-34, s. 1
- SOR/2003-413, s. 1
- SOR/2018-69, ss. 67, 68
- SOR/2019-171, s. 1
G.01.002.1 [Repealed, SOR/2019-171, s. 1]
Marginal note:Member of police force
G.01.003 A member of a police force or a person acting under their direction and control who, in respect of the conduct of the member or person, is exempt from the application of subsection 4(2) or section 5, 6 or 7 of the Act by virtue of the Controlled Drugs and Substances Act (Police Enforcement) Regulations is, in respect of that conduct, exempt from the application of this Part.
- SOR/80-543, s. 11
- SOR/2004-238, s. 2(F)
- SOR/2019-171, s. 1
Marginal note:Application of Parts C and D
G.01.004 Except as otherwise provided in this Part, it is prohibited to sell or provide a controlled drug or a preparation that does not comply with all provisions of Parts C and D that are applicable to it.
- SOR/92-386, s. 2
- SOR/97-228, s. 8
- SOR/2019-171, s. 1
Marginal note:Authorized persons
G.01.005 (1) A person is authorized to possess a controlled drug set out in any of items 1 to 3, 8 to 10, 12 to 14, 16 and 17 of Part I of the schedule to this Part if the person has obtained the controlled drug 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 controlled drug, and the person
(a) requires the controlled drug for their business or profession and is
(b) is a practitioner who is registered and entitled to practise in a province other than the province in which they have that possession for emergency medical purposes only;
(c) is a hospital employee or a practitioner in a hospital;
(d) has obtained the controlled drug for their own use
(e) is a practitioner of medicine who received the controlled drug under subsection G.06.003(1) or (2) and their possession is for the purpose of providing or delivering it to a person referred to in subsection G.06.003(3);
(f) is an agent or mandatary of a practitioner of medicine who received the controlled drug under subsection G.06.003(1) and their possession is for the purpose of providing or delivering it to a person referred to in subsection G.06.003(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 possession of that controlled drug 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 controlled drug referred to in subsection (1) 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 controlled drug referred to in subsection (1) if they
Marginal note:Authorized activities
G.01.006 A person may sell, possess or otherwise deal in a test kit if the following conditions are met:
(a) a registration number has been issued for the test kit under section G.01.008 and has not been cancelled under section G.01.009;
(b) the test kit bears, on its external surface,
(c) the test kit will be used for a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose.
Marginal note:Application for registration number
(a) a detailed description of the design and construction of the test kit;
(b) a detailed description of the controlled drug and other substances, if any, contained in the test kit, including the qualitative and quantitative composition of each component; and
(c) a description of the proposed use of the test kit.
Marginal note:Signature and attestation
(2) The application must
Marginal note:Additional information or document
(3) The applicant must, not later than the date specified in the Minister’s written request to that effect, provide the Minister with any information or document that the Minister determines is necessary to complete the review of the application.
Marginal note:Issuance of registration number
G.01.008 On completion of the review of the application for a registration number, the Minister must issue a registration number for the test kit, preceded by the letters “TK”, if the Minister determines that the test kit will only be used for a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose and that it contains
(a) a controlled drug and an adulterating or denaturing agent that are combined in such a manner and in such a quantity, proportion or concentration that the preparation or mixture has no significant drug abuse potential; or
(b) such small quantities or concentrations of any controlled drug as to have no significant drug abuse potential.
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