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

Regulations are current to 2019-11-19 and last amended on 2018-10-17. Previous Versions

Advertising

Marginal note:Restrictions

 A person must not

  • (a) advertise a targeted substance to the general public; or

  • (b) issue or publish an advertisement for a targeted substance unless the advertisement

    • (i) is published in literature distributed to, or in a trade publication for, licensed dealers, pharmacists, practitioners or hospitals, and

    • (ii) displays in the upper left quarter of its first page, in a clear manner and in a conspicuous colour and size, the following symbol:

      Symbol for caution, consisting of a square outline divided in half from top left corner to bottom right corner. The top right half has an uppercase letter C inside and lower left half has an uppercase letter T inside.

Class 2 Targeted Substances

Marginal note:Obtaining the targeted substance

  •  (1) A person listed in subsection (2) may possess a targeted substance set out in Part 2 of Schedule 1 if the person has obtained the targeted substance

    • (a) in accordance with these Regulations;

    • (b) in the course of activities performed in connection with the enforcement or administration of any Act or regulations made thereunder; or

    • (c) 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 targeted substance.

  • Marginal note:Possession

    (2) The following persons may possess a targeted substance set out in Part 2 of Schedule 1:

    • (a) a person who requires the targeted substance for their business or profession and is

      • (i) a licensed dealer acting in accordance with their licence,

      • (ii) a pharmacist, or

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

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

    • (c) a hospital employee or a practitioner in a hospital and such possession is for the purposes of and in connection with such employment;

    • (d) a person who has obtained the targeted substance for their own use or for the benefit of another person or an animal under their care

      • (i) from a practitioner in the course of treatment for a medical condition, or

      • (ii) from a pharmacist pursuant to a prescription issued or obtained in conformity with these Regulations;

    • (e) a person who has imported the targeted substance in accordance with section 68 for the person’s own use or for the benefit of another person or an animal under their care;

    • (f) a person who is employed as an inspector, an analyst, a peace officer, a member of the Royal Canadian Mounted Police or a member of the technical or scientific staff of a department of the government of Canada or of a province and such possession is for the purposes of and in connection with such employment; or

    • (g) a person who, pursuant to a permit issued under Part 7, is responsible for the targeted substance while it is in transit or in transhipment in Canada.

  • Marginal note:Employees

    (3) A person may possess a targeted substance set out in Part 2 of Schedule 1 if the person is an employee of or is acting as the agent or mandatary for a person referred to in any of paragraphs (2)(a) to (e) and (g), while acting in the course of their employment duties or role as agent or mandatary.

  • Marginal note:Agent or mandatary

    (4) A person may possess a targeted substance set out in Part 2 of Schedule 1 if

    • (a) the person is acting as the agent or mandatary of a person who he or she has reasonable grounds to believe is a person referred to in paragraph (2)(f); and

    • (b) the possession of the targeted substance is for the purpose of assisting the person referred to in paragraph (2)(f) in the administration or enforcement of any Act or regulations made thereunder.

  • Marginal note:Exportation by a licensed dealer

    (5) A licensed dealer may possess a targeted substance set out in Part 2 of Schedule 1 for the purpose of exporting that substance if the licensed dealer has obtained the substance under these Regulations and is licensed to export the targeted substance.

  • Marginal note:Exportation by an individual

    (6) An individual may possess a targeted substance set out in Part 2 of Schedule 1 for the purpose of exporting that substance in accordance with section 69.

  • SOR/2010-223, s. 3(F)
  • SOR/2018-69, s. 78(E)

Security

Marginal note:Verification of identity

 Every person who is requested to fill an order or a prescription for a targeted substance must verify in a reasonable manner the identity of the person who gave the order or issued the prescription if

  • (a) the signature on the order or prescription is not known to the person; or

  • (b) the order or prescription is verbal and the person placing it is not known to the person.

Marginal note:Storage

 Subject to section 59, a person licensed or otherwise authorized under these Regulations to deal in a targeted substance must store the targeted substance in the place used for the purpose of conducting their business or professional practice and in the area in that place where only authorized employees have access, except where the targeted substance is for the person’s own use or for the benefit of another person or animal under their care.

Marginal note:Security and reporting loss or theft

  •  (1) The following persons must take any steps that are necessary to ensure the security of a targeted substance in their possession and any licence or permit in their possession with respect to a targeted substance and must, not later than 10 days after discovery, report to the Minister any loss or theft of a targeted substance or of a licence or permit:

    • (a) a licensed dealer;

    • (b) a pharmacist;

    • (c) a practitioner;

    • (d) the person in charge of a hospital;

    • (e) a person to whom an exemption has been granted under section 56 of the Act; and

    • (f) a person who, pursuant to a permit issued under Part 7, is responsible for the targeted substance while it is in transit or in transhipment in Canada.

  • Marginal note:Security of codes

    (2) Every person who has issued or been issued an identifying code referred to in subsections 27(6) and (7) of the Narcotic Control Regulations must

    • (a) take any steps that are necessary to ensure the security of the code; and

    • (b) report to the Minister, not later than 10 days after discovery, any loss or theft of the code, a machine that is capable of producing a code or a document that discloses the code.

Documents

Marginal note:Alteration prohibited

 A person must not make any mark on or alter or deface in any manner any licence, permit or registration number issued under these Regulations.

Marginal note:Retention of information

 The information or records required by these Regulations must be kept for a period of at least two years after

  • (a) in the case of information, the day that the information was obtained; and

  • (b) in the case of a record, the day that the last transaction was recorded on the record.

General Obligations of the Minister

Marginal note:Notice of refusal or revocation

  •  (1) If the Minister proposes to refuse to issue, amend or renew or proposes to revoke a licence, permit or registration number under these Regulations, the Minister must

    • (a) send a notice to the applicant or to the holder of the licence, permit or registration number together with a written report that sets out the reasons for the refusal or revocation; and

    • (b) give the applicant or holder an opportunity to be heard in respect of the refusal or revocation.

  • Marginal note:Notice of suspension

    (2) The suspension of a licence or permit under these Regulations takes effect as soon as the Minister informs the holder of the licence or permit of the decision to suspend and provides a written report that sets out the reasons for the suspension.

  • Marginal note:Opportunity to be heard

    (3) A person who receives a notice of suspension referred to in subsection (2) may, in the 10 days following the receipt of the notice, provide the Minister with reasons why the suspension of the licence or permit is unfounded.

  • SOR/2010-223, s. 4
 
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