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Benzodiazepines and Other Targeted Substances Regulations (SOR/2000-217)

Regulations are current to 2019-08-28 and last amended on 2018-10-17. Previous Versions

Benzodiazepines and Other Targeted Substances Regulations

SOR/2000-217

CONTROLLED DRUGS AND SUBSTANCES ACT

Registration 2000-06-01

Benzodiazepines and Other Targeted Substances Regulations

P.C. 2000-827  2000-06-01

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 55(1) of the Controlled Drugs and Substances ActFootnote a, hereby makes the annexed Benzodiazepines and Other Targeted Substances Regulations (1091).

Interpretation

Marginal note:Definitions

  •  (1) The definitions in this subsection apply in these Regulations.

    Act

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

    adult

    adult means an individual of 18 years of age or older. (adulte)

    advertisement

    advertisement, in respect of a targeted substance, includes any representation by any means for the purpose of promoting, directly or indirectly, the sale or other disposal of the targeted substance. (publicité)

    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)

    Department

    Department means the Department of Health. (ministère)

    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); and

    • (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 paragraphs (a) to (c). (infraction désignée en matière de drogue)

    emergency medical service vehicle

    emergency medical service vehicle means any conveyance authorized under the laws of a province to transport individuals to hospitals and on which emergency medical services are provided. (véhicule de service médical d’urgence)

    export permit

    export permit means a permit issued under section 43. (permis d’exportation)

    hospital

    hospital means a facility that

    • (a) is licensed, approved or designated as a hospital by a province under the laws of the province to provide health care or treatment to persons or animals; or

    • (b) is owned or operated by the government of Canada or of a province and that provides health services. (hôpital)

    import permit

    import permit means a permit issued under section 37. (permis d’importation)

    international obligation

    international obligation means an obligation relative to a targeted substance set out in a convention, treaty or other multilateral or bilateral instrument that Canada has ratified or to which Canada adheres. (obligation internationale)

    licensed dealer

    licensed dealer means the holder of a dealer’s licence issued under these Regulations. (distributeur autorisé)

    midwife

    midwife has the same meaning as in section 1 of the New Classes of Practitioners Regulations. (sage-femme)

    nurse practitioner

    nurse practitioner has the same meaning as in section 1 of the New Classes of Practitioners Regulations. (infirmier praticien)

    package

    package includes anything in which a targeted substance is wholly or partly contained, placed or packed. (emballage)

    pharmacist

    pharmacist means an individual who

    • (a) is registered or otherwise authorized under the laws of a province to practise pharmacy; and

    • (b) 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)

    prescription

    prescription means, in respect of a targeted substance, an authorization from a practitioner stating that a specific amount of the targeted substance may be sold or provided for the individual or animal under the practitioner’s care named in the authorization. (ordonnance)

    qualified person in charge

    qualified person in charge means the individual with the qualifications set out in subsection 19(2) who is responsible for supervising the activities carried out by a licensed dealer under a dealer’s 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 and Drugs Containing Cannabis, as amended from time to time and published by the Government of Canada on its website. (Directive en matière de sécurité)

    specified name

    specified name means, in respect of a controlled substance included in Schedule 1,

    • (a) the name specified in column 1 of an item of Schedule 2, but, if only the chemical name is specified, means the chemical name specified in column 2 of that item; or

    • (b) if the controlled substance is not specified in Schedule 2, its chemical name and, if available, its common name. (nom spécifié)

    targeted substance

    targeted substance means

    • (a) a controlled substance included in Schedule 1, or a product or compound that contains the controlled substance; or

    • (b) in respect of a midwife, nurse practitioner or podiatrist, a controlled substance included in Schedule 1, or a product or compound that contains the controlled substance, that the midwife, nurse practitioner or podiatrist may prescribe, possess or conduct an activity with, in accordance with section 3 of the New Classes of Practitioners Regulations. (substance ciblée)

    test kit 

    test kit  means a kit

    • (a) that contains

      • (i) a targeted substance, and

      • (ii) a reagent system or buffering agent, or both;

    • (b) that is designed to be used during the course of a chemical or analytical procedure to test for the presence or quantity of a targeted substance for a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose; and

    • (c) the contents of which are not intended or likely to be consumed by, or administered to, a human or an animal. (nécessaire d’essai)

    transhipment

    transhipment means, in respect of a targeted substance that has been unloaded or in any way removed from the means of transportation by which it came into Canada, its loading or placing on board or within or on the same or any other means of transportation used for its departure from Canada. (transbordement)

  • Marginal note:Destruction of a targeted substance

    (2) For the purpose of these Regulations, a targeted substance is destroyed when it is altered or denatured to such an extent that its consumption is rendered impossible or improbable.

  • SOR/2003-38, s. 2
  • SOR/2010-223, s. 1
  • SOR/2012-230, s. 25
  • SOR/2018-147, s. 30

Destruction

Marginal note:Prohibition

  •  (1) Subject to subsections (2) and 33(1), no person shall destroy a targeted substance other than a targeted substance that has been lawfully sold or provided to an individual for their own use or for the benefit of another individual or an animal under their care.

  • Marginal note:Conditions

    (2) A pharmacist, a practitioner or the individual in charge of a hospital may destroy a targeted substance if

    • (a) before the destruction, the pharmacist, practitioner or individual records information with respect to the destruction, including the name, strength per unit and quantity of the targeted substance to be destroyed;

    • (b) the targeted substance is destroyed using a method of destruction that conforms with all applicable federal, provincial and municipal environmental legislation;

    • (c) the person records the date of destruction;

    • (d) subject to subsection (3), the destruction is witnessed by a pharmacist or a practitioner; and

    • (e) immediately following the destruction, the person who destroyed the targeted substance and the witness referred to in paragraph (d) sign and print their names on a joint statement, indicating that they witnessed the destruction and that the targeted substance destroyed has been altered or denatured to such an extent that its consumption has been rendered impossible or improbable.

  • Marginal note:Open Ampule

    (3) A targeted substance that constitutes the remainder of an open ampule, the partial contents of which have been administered to a patient, may be destroyed by a hospital employee who is a licensed health professional without a witness.

  • SOR/2010-223, s. 2(E)
 
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