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Food and Drug Regulations (C.R.C., c. 870)

Regulations are current to 2020-06-17 and last amended on 2019-12-16. Previous Versions

PART JRestricted Drugs (continued)

Thefts, Losses and Suspicious Transactions (continued)

Marginal note:Partial protection against self-incrimination

 A report made under any of sections J.01.067 to J.01.069, or any evidence derived from it, is not to be used or received to incriminate the licensed dealer in any criminal proceeding against them other than a prosecution under section 132, 136 or 137 of the Criminal Code.

  • SOR/2019-171, s. 22

Destruction of Restricted Drugs

Marginal note:Destruction at site

 A licensed dealer that intends to destroy a restricted drug at the site specified in their licence must ensure that the following conditions are met:

  • (a) the licensed dealer obtains the prior approval of the Minister;

  • (b) the destruction occurs in the presence of two of the following persons, at least one of whom must be a person referred to in subparagraph (i):

    • (i) the senior person in charge, the qualified person in charge or an alternate qualified person in charge, and

    • (ii) a person who works for or provides services to the licensed dealer and holds a senior position;

  • (c) the destruction is carried out in accordance with a method that complies with all federal, provincial and municipal environmental protection legislation applicable to the place of destruction; and

  • (d) as soon as the destruction is completed, the person who carried out the destruction and each of the two persons referred to in paragraph (b) who were present at the destruction sign and date a joint declaration attesting that the restricted drug was completely destroyed, to which each signatory must add their name in printed letters.

  • SOR/2019-171, s. 22

Marginal note:Destruction elsewhere than at site

 A licensed dealer that intends to destroy a restricted drug elsewhere than at the site specified in their licence must ensure that the following conditions are met:

  • (a) the licensed dealer obtains the prior approval of the Minister;

  • (b) the licensed dealer takes any measures that are necessary to ensure the security of the restricted drug while it is being transported in order to prevent its diversion to an illicit market or use;

  • (c) the destruction is carried out by a person working for a business that specializes in the destruction of dangerous goods and in the presence of another person working for that business;

  • (d) the destruction is carried out in accordance with a method that complies with all federal, provincial and municipal environmental protection legislation applicable to the place of destruction; and

  • (e) as soon as the destruction is completed, the person who carried out the destruction provides the licensed dealer with a dated declaration attesting that the restricted drug was completely destroyed and containing

    • (i) the municipal address of the place of destruction,

    • (ii) the name and quantity of the restricted drug and, if applicable, the brand name and quantity of the product containing it or the name and quantity of the compound containing it,

    • (iii) the method of destruction,

    • (iv) the date of destruction, and

    • (v) the names in printed letters and signatures of that person and the other person who was present at the destruction.

  • SOR/2019-171, s. 22

Marginal note:Application for prior approval

  •  (1) A licensed dealer must submit to the Minister an application that contains the following information in order to obtain the Minister’s prior approval to destroy a restricted drug:

    • (a) their name, municipal address and dealer’s licence number;

    • (b) the proposed date of destruction;

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

    • (d) a brief description of the method of destruction;

    • (e) if the destruction is to be carried out at the site specified in the dealer’s licence, the names of the persons proposed for the purpose of paragraph J.01.071(b) and information establishing that they meet the conditions of that paragraph;

    • (f) the name of the restricted drug and, if applicable, the brand name of the product containing it or the name of the compound containing it; and

    • (g) the form and quantity of the restricted drug or the product or compound containing it and if applicable, the strength per unit of the restricted drug in the product or compound, the number of units per package and the number of packages.

  • Marginal note:Signature and attestation

    (2) The application must

    • (a) be signed and dated by the qualified person in charge or an alternate qualified person in charge; and

    • (b) include an attestation by that person that

      • (i) the proposed method of destruction complies with all federal, provincial and municipal environmental protection legislation applicable to the place of destruction, and

      • (ii) all of the information submitted in support of the application is correct and complete to the best of the signatory’s knowledge.

  • Marginal note:Additional information and documents

    (3) The licensed dealer 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.

  • SOR/2019-171, s. 22

Marginal note:Approval

 On completion of the review of the application for approval, the Minister must approve the destruction of the restricted drug unless

  • (a) in the case of a destruction that is to be carried out at the site specified in the dealer’s licence, the persons proposed for the purpose of paragraph J.01.071(b) do not meet the conditions of that paragraph;

  • (b) the Minister has reasonable grounds to believe that the restricted drug would not be destroyed;

  • (c) the Minister has reasonable grounds to believe that the licensed dealer has submitted false or misleading information or false or falsified documents in or in support of the approval application;

  • (d) the restricted drug or a portion of it is required for the purposes of a criminal or administrative investigation or a preliminary inquiry, trial or other proceeding under any Act or its regulations; or

  • (e) the Minister has reasonable grounds to believe that the approval would likely create a risk to public health or safety, including the risk of the restricted drug being diverted to an illicit market or use.

  • SOR/2019-171, s. 22

Documents

Licensed Dealers

Marginal note:Method of recording information

 A licensed dealer must record any information that they are required to record under this Part using a method that permits an audit of it to be made at any time.

  • SOR/2019-171, s. 22

Marginal note:Information — general

 A licensed dealer must record the following information:

  • (a) the name, form and quantity of any restricted drug that the dealer orders, the name of the person who placed the order on the dealer’s behalf and the date of the order;

  • (b) the name, form and quantity of any restricted drug that the dealer receives, the name and municipal address of the person who sold or provided it and the date on which it was received;

  • (c) in the case of a restricted drug that the dealer sells or provides,

    • (i) the brand name of the product or the name of the compound containing the restricted drug and the name of the restricted drug,

    • (ii) the drug identification number that has been assigned to the product under section C.01.014.2, if any,

    • (iii) the form and quantity of the restricted drug and, if applicable, the strength per unit of the restricted drug in the product or compound, the number of units per package and the number of packages,

    • (iv) the name and municipal address of the person to whom it was sold or provided, and

    • (v) the date on which it was sold or provided;

  • (d) the name, form and quantity of any restricted drug that the dealer manufactures or assembles and the date on which it was placed in stock and, if applicable, the strength per unit of the restricted drug in the product or compound, the number of units per package and the number of packages;

  • (e) the name and quantity of any restricted drug that the dealer uses in the manufacturing or assembling of a product or compound, as well as the brand name and quantity of the product or the name and quantity of the compound, and the date on which the product or compound was placed in stock;

  • (f) the name, form and quantity of any restricted drug in stock at the end of each month;

  • (g) the name, form and quantity of any restricted drug that the dealer delivers, transports or sends, the name and municipal address of the consignee and the date on which it was delivered, transported or sent;

  • (h) the name, form and quantity of any restricted drug imported, the date on which it was that the dealer imports, the name and municipal address of the exporter, the country of exportation and any country of transit or transhipment; and

  • (i) the name, form and quantity of any restricted drug that the dealer exports, the date on which it was exported, the name and municipal address of the importer, the country of final destination and any country of transit or transhipment.

  • SOR/2019-171, s. 22
 
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