Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

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

listed substance

listed substance means a substance set out in Schedule 1 to the Benzodiazepines and Other Targeted Substances Regulations, the schedule to Part G of the Food and Drug Regulations or the schedule to the Narcotic Control Regulations, and includes anything that contains the substance.  (substance inscrite)

midwife

midwife means a person who is registered and entitled under the laws of a province to practise midwifery and who is practising midwifery in that province. (sage-femme)

nurse practitioner

nurse practitioner means a person who is registered and entitled under the laws of a province to practise as a nurse practitioner or an equivalent designation and who is practising as a nurse practitioner or an equivalent designation in that province. For the purpose of this definition, a designation is equivalent when it designates a person who

• (a) is a registered nurse;

• (b) possesses additional educational preparation and experience related to health care;

• (c) can autonomously make diagnoses, order and interpret diagnostic tests, prescribe drugs and perform other specific procedures under the laws of a province; and

• (d) is practising their profession in accordance with, for example, the following provincial laws, as amended from time to time:

  • (i) the Extended Practice Regulation, Man. Reg. 43/2005, made under The Registered Nurses Act of Manitoba, C.C.S.M., c. R40,

  • (ii) Ontario Regulation 275/94, made under the Nursing Act, 1991 of Ontario, S.O. 1991, c. 32, or

  • (iii) the Regulation respecting Ordre des infirmières et infirmiers du Québec classes of specialities related to the performance of acts contemplated in section 36.1 of the Nurses Act, R.R.Q., c. I-8, r. 8, made under the Nurses Act of Quebec, R.S.Q., c. I-8. (infirmier praticien)

podiatrist

podiatrist means a person who is registered and entitled under the laws of a province to practise podiatry or chiropody and who is practising podiatry or chiropody in that province. (podiatre)

New Classes of Practitioners Prescribed

Marginal note:Classes

2 For the purpose of the definition practitioner in subsection 2(1) of the Act, the following classes of persons are prescribed:

• (a) midwives;

• (b) nurse practitioners; and

• (c) podiatrists.

Permitted Activities and Exclusions

Marginal note:Permitted activities

• 3 (1) Subject to section 4, a midwife, nurse practitioner or podiatrist, as a practitioner, may prescribe or possess a listed substance, or conduct an activity with a listed substance, in accordance with the Benzodiazepines and Other Targeted Substances Regulations, Part G of the Food and Drug Regulations or the Narcotic Control Regulations if they are permitted to prescribe, in their practice under the laws of the province in which they are registered and entitled to practise, that substance.

• Marginal note:Fresh or dried marihuana or cannabis oil

  (2) As provided for by the Access to Cannabis for Medical Purposes Regulations, a nurse practitioner, as a practitioner, may conduct an activity in respect of fresh marihuana, dried marihuana or cannabis oil in accordance with section 3 or 7 of those Regulations if

  • (a) they are permitted to prescribe that substance in their practice under the laws of the province in which they are registered and entitled to practise; and

  • (b) they are not named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations.

• Marginal note:Definitions

  (3) For the purposes of subsection (2), cannabis oil, dried marihuana and fresh marihuana have the same meaning as in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations.

Marginal note:Exclusions — midwife or podiatrist

• 4 (1) In respect of a midwife or podiatrist, a listed substance excludes a substance set out in

  • (a) the definition designated drug in subsection G.04.001(1) of the Food and Drug Regulations;

  • (b) item 1 of Part III of the schedule to Part G of the Food and Drug Regulations; and

  • (c) any of subitems 1(1) and (10), 2(1), 5(4), 10(1) and 17(2) of the schedule to the Narcotic Control Regulations.

• Marginal note:Exclusions — nurse practitioner

  (2) In respect of a nurse practitioner, a listed substance excludes a substance set out in

  • (a) item 1 of Part III of the schedule to Part G of the Food and Drug Regulations, except for subitem (40); and

  • (b) any of subitems 1(1) and (10) and 2(1) of the schedule to the Narcotic Control Regulations.

Inconsistency with other Regulations

Marginal note:Inconsistency

5 In the event of any inconsistency between these Regulations and the Benzodiazepines and Other Targeted Substances Regulations, Part G of the Food and Drug Regulations or the Narcotic Control Regulations, these Regulations prevail to the extent of the inconsistency.

Consequential Amendments

Food and Drug Regulations

6 [Amendments]

7 [Amendment]

8 [Amendment]

9 [Amendment]

10 [Amendments]

11 [Amendment]

12 [Amendments]

13 [Amendment]

Narcotic Control Regulations

14 [Amendments]

15 [Amendment]

16 [Amendment]

17 [Amendment]

18 [Amendments]

19 [Amendment]

20 [Amendments]

21 [Amendment]

22 [Amendment]

23 [Amendment]

24 [Amendment]

Benzodiazepines and Other Targeted Substances Regulations

25 [Amendments]

26 [Amendment]

27 [Amendment]

Transitional Provisions

28 [Transitional Provisions]

Coming into Force

Marginal note:Publication

Footnote ^*29 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

• Return to footnote ^*[Note: Regulations in force November 21, 2012.]