Cannabis Regulations (SOR/2018-144)

Marginal note:Drug given by individual

• 173 (1) A pharmacist is authorized to sell or distribute to a licensed dealer a prescription drug that the pharmacist received from an individual referred to in paragraph 159(d) or (e) for the purpose of its destruction, if the drug is in a container that prevents the removal of the drug from the container and is marked in a manner that is sufficient to identify the container.

• Marginal note:Record keeping — pharmacist

  (2) The pharmacist must prepare a record, with respect to the drug, that sets out

  • (a) the number of containers distributed;

  • (b) the date on which each container is distributed;

  • (c) the identifying mark of each container; and

  • (d) the name and address of the licensed dealer to which each container is distributed.

• Marginal note:Record keeping — licensed dealer

  (3) The licensed dealer must prepare a record, with respect to the drug, that sets out

  • (a) the number of containers received;

  • (b) the date on which the container is received;

  • (c) the identifying mark of the container; and

  • (d) the name and address of the pharmacist from whom the container is received.

• Marginal note:Retention period

  (4) The pharmacist and the licensed dealer must retain the record for at least two years after the day on which the pharmacist distributes the drug or the licensed dealer receives the drug, as the case may be.

Marginal note:Prohibited activities

• 174 (1) Despite section 171, subsection 172(1) and section 175, it is prohibited for a pharmacist to

  • (a) sell or distribute a prescription drug to a pharmacist who is named in a notice issued under subsection 181(2) or (4);

  • (b) sell or distribute a prescription drug to a practitioner who is named in a notice issued under subsection 189(2) or (4); or

  • (c) fill a prescription or order for a prescription drug from such a practitioner.

• Marginal note:Non-application

  (2) Subsection (1) does not apply to a pharmacist to whom the Minister has issued a notice of retraction under

  • (a) subsection 182(1), in respect of a pharmacist who is named in a notice issued under subsection 181(2) or (4); or

  • (b) subsection 190(1), in respect of a practitioner who is named in a notice issued under subsection 189(2) or (4).

Marginal note:Distribution — hospital

• 175 (1) Subject to subsection (2), a pharmacist may distribute a prescription drug to a hospital employee or a practitioner in a hospital in accordance with a written order signed and dated by

  • (a) the pharmacist in charge of the hospital’s pharmacy; or

  • (b) a practitioner who is authorized by the individual in charge of the hospital to sign the order.

• Marginal note:Signature

  (2) Before distributing the prescription drug, the pharmacist receiving the order must verify the signature on the order, if it is unknown to them.

Marginal note:Security obligations

176 A pharmacist must, with respect to a drug containing cannabis on their premises or for which the pharmacist is responsible,

• (a) take reasonable steps to protect it against theft or loss; and

• (b) notify the Minister, in writing, within 10 days after becoming aware of its theft or loss.

Marginal note:Record keeping

177 If, in accordance with a written order or prescription, a pharmacist dispenses a prescription drug, the pharmacist must retain a record of the following information:

• (a) their name or initials;

• (b) the name, initials and address of the practitioner who issued the order or prescription;

• (c) the name and address of the person for whom the drug was dispensed;

• (d) the name, quantity and form of the drug;

• (e) the date on which the pharmacist dispensed the drug; and

• (f) the number assigned to the order or prescription.

Marginal note:Sale and distribution for emergency purposes

• 178 (1) A pharmacist may sell or distribute a prescription drug for emergency purposes to another pharmacist in accordance with a written order that is signed and dated by the other pharmacist.

• Marginal note:Record keeping — selling and distributing

  (2) A pharmacist must, after selling or distributing a prescription drug under subsection (1) or after receiving such a drug under subsection (1) or subsection 193(3), enter the details of the transaction in a record retained for such purposes.

• Marginal note:Record keeping — removing, transporting and transferring

  (3) A pharmacist must, after removing, transporting or transferring a prescription drug from one place of business operated by the pharmacist to another, enter the details of the transaction in a record retained for such purposes.

Marginal note:Retention period

179 A pharmacist must retain the records which the pharmacist is required to retain under these Regulations for at least two years after the day on which they are prepared.

Marginal note:Factual information

180 The Minister must provide in writing any factual information about a pharmacist with respect to cannabis that has been obtained under the Act or the Controlled Drugs and Substances Act to the provincial professional licensing authority that is responsible for the authorization of individuals to practise their profession

• (a) in the province in which the pharmacist is or was entitled to practise if

  • (i) the authority submits to the Minister a written request that sets out the pharmacist’s name and address, a description of the information being requested and a statement that the information is required for the purpose of assisting an investigation by the authority, or

  • (ii) the Minister has reasonable grounds to believe that the pharmacist has

    • (A) contravened, in relation to cannabis, a rule of conduct established by the authority,

    • (B) been convicted of a designated offence or a controlled substance offence in relation to cannabis,

    • (C) contravened these Regulations, or

    • (D) has contravened the Narcotic Control Regulations in relation to cannabis; or

• (b) in a province in which the pharmacist is not entitled to practise, if the authority submits to the Minister

  • (i) a written request that sets out the pharmacist’s name and address and a description of the information requested, and

  • (ii) a document that shows that

    • (A) the pharmacist has applied to that authority to practise in that province, or

    • (B) the authority has reasonable grounds to believe that the pharmacist is practising in that province without being authorized to do so.

Marginal note:Notice — prohibition to sell or distribute

• 181 (1) A pharmacist may make a written request to the Minister to send a notice advising that the following persons must not sell or distribute any prescription drug to the pharmacist:

  • (a) all holders of a cannabis drug licence; and

  • (b) all pharmacies in the province in which the pharmacist who is named in the notice is entitled to practise.

• Marginal note:Recipients

  (2) The Minister must, in the circumstances set out in subsection (3), issue the notice referred to in subsection (1) to the following persons and authorities:

  • (a) the pharmacist who is named in the notice;

  • (b) all holders of a cannabis drug licence;

  • (c) all pharmacies in the province in which the pharmacist is entitled to practise;

  • (d) the applicable provincial professional licensing authority for the province in which the pharmacist is entitled to practise; and

  • (e) on request, the applicable provincial professional licensing authority for any province other than the province referred to in paragraph (d).

• Marginal note:Mandatory notice

  (3) The notice must be issued if the pharmacist

  • (a) made a request to the Minister in accordance with subsection (1);

  • (b) contravened a rule of conduct, in relation to cannabis, established by the provincial professional licensing authority for the province in which the pharmacist is practising and that provincial professional licensing authority has requested the Minister in writing to issue the notice;

  • (c) has been convicted of any of the following:

    • (i) a designated offence,

    • (ii) a controlled substance offence in relation to cannabis, or

    • (iii) an offence under the Narcotic Control Regulations in relation to cannabis; or

  • (d) the Minister has reasonable grounds to believe that the pharmacist has contravened this Part or Part 9.

• Marginal note:Optional notice

  (4) The Minister may issue the notice to the persons and authorities referred to in subsection (2) if the Minister, on reasonable grounds, believes that the pharmacist named in the notice

  • (a) has contravened section 171, subsection 172(1) or (2) or 173(1), section 174, 175 or 176 or subsection 178(1);

  • (b) has, on more than one occasion, self-administered a prescription drug contrary to accepted pharmaceutical practice;

  • (c) has, on more than one occasion, distributed or administered a prescription drug to their spouse, common-law partner, parent or child, including a child adopted in fact, contrary to accepted pharmaceutical practice; or

  • (d) is unable to account for the quantity of prescription drugs for which the pharmacist was responsible under this Part or Part 9.

• Marginal note:Prerequisite

  (5) Before issuing a notice under subsection (4), the Minister must

  • (a) consult with the provincial professional licensing authority for the province in which the pharmacist to whom the notice relates is entitled to practise;

  • (b) send to the pharmacist a written notice that indicates the reasons why a notice is being considered and give them an opportunity to present reasons why the notice should not be issued; and

  • (c) consider

    • (i) any reasons that have been presented by the pharmacist under paragraph (b),

    • (ii) the compliance history of the pharmacist in respect of the Act and its regulations, the Controlled Drugs and Substances Act and the Narcotic Control Regulations with respect to cannabis, and

    • (iii) whether the actions of the pharmacist pose a significant risk to public health or public safety, including the risk of any prescription drug being diverted to an illicit market or activity.