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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

General Obligations of the Minister (continued)

Marginal note:Further information

 The Minister may, on receiving an application made under these Regulations, require the submission of any further information that pertains to the information contained in the application and that is necessary for the Minister to process the application.

Marginal note:Inspection of premises

 In order to confirm any information contained in an application for a licence made under these Regulations or an amendment or a renewal of a licence, an inspector may, at a time during normal business hours that is convenient for the applicant and with the reasonable assistance of the applicant, inspect the premises for which the licence, amendment or renewal is requested.

Marginal note:Order to return a seized substance

  •  (1) For the purpose of subsection 24(1) of the Act, notice of application for an order to return a seized substance shall be given in writing to the Attorney General by registered mail.

  • Marginal note:Information

    (2) The notice referred to in subsection (1) shall be mailed not less than 15 clear days prior to the date the application is to be made to a justice and must specify

    • (a) the name of the justice to whom the application is to be made;

    • (b) the time and place where the application is to be heard;

    • (c) the targeted substance in respect of which the application is to be made; and

    • (d) the evidence upon which the applicant intends to rely to establish that the applicant is entitled to possession of the targeted substance.

Marginal note:Police enforcement

 Where, pursuant to the Controlled Drugs and Substances Act (Police Enforcement) Regulations, a member of a police force or a person acting under the direction and control of the member is, in respect of the conduct of the member or person, exempt from the application of subsection 4(2) or section 5, 6 or 7 of the Act, the member or person is, in respect of that conduct, exempt from the application of these Regulations.

PART 1Licensed Dealers

Permitted Activities

Marginal note:Activities

  •  (1) Subject to subsection (2), sections 4 and 16 and subsection 33(1), a licensed dealer may

    • (a) possess a targeted substance set out in Part 2 of Schedule 1; and

    • (b) produce, make, assemble, import, export, sell, provide, send, deliver, transport or destroy a targeted substance.

  • Marginal note:Activities limited

    (2) A licensed dealer may carry out an activity set out in subsection (1) if the licensed dealer

    • (a) is licensed to carry on the activity with respect to that targeted substance;

    • (b) carries out the activity in accordance with any conditions set out in the dealer’s licence;

    • (c) sells or provides the targeted substance to

      • (i) another licensed dealer,

      • (ii) a pharmacist,

      • (iii) a practitioner,

      • (iv) a hospital,

      • (v) the Minister, or

      • (vi) a person to whom an exemption relating to the substance has been granted under section 56 of the Act;

    • (d) in the case of a producer of a targeted substance, produces the substance in the quantities and within the periods authorized by the dealer’s licence;

    • (e) in the case of a maker or assembler of a product or compound that contains a targeted substance, but that is not a test kit, sells or provides the product or compound in the strength per unit and the quantity or package size authorized by the dealer’s licence;

    • (f) in the case of the importation of a targeted substance, has an import permit issued under section 37; and

    • (g) in the case of the exportation of a targeted substance, has an export permit issued under section 43.

Marginal note:Order required

  •  (1) Subject to subsection (4), a licensed dealer must not sell or provide a targeted substance to a person referred to in paragraph 15(2)(c) before the licensed dealer has received an order for the substance, either in writing in accordance with subsection (2) or verbally and recorded in accordance with subsection (3), from

    • (a) in the case of a hospital, a pharmacist practising in the hospital or a practitioner authorized to place orders for the substance on behalf of the hospital;

    • (b) in the case of a licensed dealer, a person who is authorized to place an order for the substance on behalf of the licensed dealer; or

    • (c) in any other case, the person to whom the substance is to be sold or provided in accordance with the Act and these Regulations.

  • Marginal note:Written orders

    (2) A written order for a targeted substance must

    • (a) be signed by a person described in any of paragraphs (1)(a) to (c); or

    • (b) in the case of an order transmitted electronically, be encoded in accordance with the requirements set out in subsections 27(6) and (7) of the Narcotic Control Regulations.

  • Marginal note:Verbal orders

    (3) A licensed dealer who receives a verbal order must, before filling the order, record the following information with respect to the order:

    • (a) the date and number of the order;

    • (b) the name and address of the person for whom the order is placed;

    • (c) the brand name of the targeted substance ordered or, if the targeted substance does not have a brand name, the specified name;

    • (d) the quantity and, if applicable, the strength per unit of the targeted substance ordered;

    • (e) the name of the individual placing the order; and

    • (f) the name of the individual recording the order.

  • Marginal note:Supply prohibited

    (4) A licensed dealer must not sell or provide a targeted substance to a pharmacist or practitioner named in a notice issued under section 79, unless the licensed dealer has received a retraction issued under section 80.

  • SOR/2014-260, s. 29(E)

Marginal note:Multiple deliveries

 A licensed dealer must not, in respect of an order for a targeted substance, deliver the order in more than one delivery unless

  • (a) the order for the substance states that the quantity of the substance that was ordered is to be supplied

    • (i) in separate deliveries, which in no case may total more than four, and

    • (ii) at specified intervals or on specified dates; or

  • (b) the licensed dealer has insufficient stock of the substance at the time of receipt of the order, in which case the licensed dealer may supply the quantity of the substance that the licensed dealer has in stock and may deliver the balance afterwards in a single supplementary delivery.

  • SOR/2014-260, s. 30(E)

Eligibility

Marginal note:Eligible persons

 To be eligible to be a licensed dealer, a person must be

  • (a) an individual who ordinarily resides in Canada;

  • (b) a corporation that has its head office in Canada or operates a branch office in Canada; or

  • (c) an individual who occupies a position that includes responsibility for a targeted substance on behalf of a department of the government of Canada or of a province, a police force, a hospital or a university in Canada.

Marginal note:Qualified person in charge

  •  (1) A licensed dealer

    • (a) must employ, at the premises to which the dealer’s licence applies, no more than one qualified person in charge (who may be the licensed dealer) who supervises the activities with respect to the targeted substances set out in the dealer’s licence and who is responsible for ensuring compliance with these Regulations on behalf of the licensed dealer; and

    • (b) may employ an alternate qualified person in charge at that premises who may perform the duties of the qualified person in charge when that person is absent.

  • Marginal note:Qualifications

    (2) The qualified person in charge and, if applicable, the alternate qualified person in charge must

    • (a) be familiar with the provisions of the Act and the regulations that apply to the dealer’s licence held by their employer and have a sufficient knowledge of chemistry and pharmacology and experience in those fields to properly carry out their duties;

    • (b) either

      • (i) be a pharmacist or a practitioner of medicine, dentistry or veterinary medicine, registered with a provincial professional licensing authority, or

      • (ii) possess a degree in an applicable science — such as pharmacy, medicine, dentistry, veterinary medicine, pharmacology, organic chemistry or chemical engineering — that is awarded by a Canadian university or, if awarded by a foreign university, that is recognized by a Canadian university or a Canadian professional association; and

    • (c) not have been convicted, as an adult, in the previous 10 years, of

      • (i) in Canada, a designated drug offence, or

      • (ii) in a country other than Canada, an offence that, if committed in Canada, would have constituted a designated drug offence.

  • SOR/2010-223, s. 5
  • SOR/2012-230, s. 26
  • SOR/2014-260, s. 39(F)
 
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