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Cannabis Regulations (SOR/2018-144)

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

PART 8Drugs Containing Cannabis (continued)

DIVISION 2Possession, Pharmacists, Practitioners and Hospitals (continued)

Pharmacists (continued)

Marginal note:Retraction of notice

  •  (1) The Minister must retract a notice that was issued under subsection 181(2) or (4) if

    • (a) the pharmacist who is named in the notice has requested in writing that it be retracted;

    • (b) the pharmacist has provided a letter from the applicable provincial professional licensing authority for the province in which the pharmacist is entitled to practise that states that the authority consents to the retraction of the notice; and

    • (c) in the case where the notice was issued at the request of the pharmacist, one year has elapsed since the notice was issued.

  • Marginal note:Obligation to notify

    (2) If the Minister retracts a notice, he or she must notify, in writing, the persons and authorities to which the notice was issued under subsection 181(2) or (4).

Practitioners

Marginal note:Sale, distribution and administration

 Subject to the other provisions of these Regulations, a practitioner is authorized to administer a drug containing cannabis to an individual or animal, or sell or distribute it for an individual or animal if

  • (a) the individual or the animal is under their professional treatment; and

  • (b) the drug is required for the condition for which the individual or animal is receiving treatment.

Marginal note:Return and destruction

  •  (1) A practitioner is authorized to sell or distribute a drug containing cannabis, in accordance with a written order, to

    • (a) the holder of a cannabis drug licence from which the practitioner received the drug, if the drug is sold or distributed for the purpose of its return; and

    • (b) a holder of a cannabis drug licence or a licensed dealer, if the drug is sold or distributed for the purpose of its destruction.

  • Marginal note:Written Order

    (2) The written order must contain

    • (a) the name, quantity and strength per unit of the drug; and

    • (b) if the sale or distribution is for the purpose of its destruction, a written statement that affirms that the sole purpose of the order is the destruction of the drug and that is signed and dated by, or on behalf of, the holder of the cannabis drug licence or the licensed dealer, as the case may be.

  • Marginal note:Record keeping

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

    • (a) its brand name, form, quantity and strength per unit;

    • (b) the address of the person to which it was sold or distributed; and

    • (c) the date on which it was sold or distributed.

Marginal note:Security obligations

 A practitioner must, with respect to a drug containing cannabis that they possess,

  • (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

 A practitioner who sells or distributes a prescription drug to an individual for self-administration or for administration to an animal must, whether or not the practitioner charges for the drug, retain a record showing the name and quantity of the drug sold or distributed, the name and address of the individual to whom it was sold or distributed and the date on which it was sold or distributed, if the quantity of the drug exceeds

  • (a) three times the maximum daily dosage set out in the notice of compliance issued under section C.08.004 or C.08.004.01 of the Food and Drug Regulations for the drug; or

  • (b) if the notice of compliance does not set out any maximum daily dosage, three times the generally recognized maximum daily dosage for the drug.

Marginal note:Rentention period

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

Marginal note:Factual information

 The Minister must provide in writing any factual information about a practitioner 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 a province in which the practitioner is, or was, entitled to practise if

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

    • (ii) the Minister has reasonable grounds to believe that the practitioner 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) contravened the Narcotic Control Regulations in relation to cannabis; or

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

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

    • (ii) a document that shows that

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

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

Marginal note:Notice — prohibition

  •  (1) A practitioner may make a written request to the Minister to send a notice advising that

    • (a) the following persons must not sell or distribute any prescription drug to the practitioner:

      • (i) all holders of a cannabis drug licence,

      • (ii) all pharmacies in the province in which the practitioner who is named in the notice is entitled to practise, and

      • (iii) all pharmacies in an adjacent province in which a prescription or order from the practitioner who is named in the notice may be filled; and

    • (b) the following individual must not fill a prescription or order written by the practitioner for a prescription drug:

      • (i) all pharmacists in the province in which the practitioner who is named in the notice is entitled to practise, and

      • (ii) all pharmacists in an adjacent province in which a prescription or order from the practitioner who is named in the notice may be filled.

  • 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 practitioner who is named in the notice;

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

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

    • (d) all pharmacies in an adjacent province in which a prescription or order from the practitioner who is named in the notice may be filled;

    • (e) the applicable professional licensing authority for the province in which the practitioner is entitled to practise; and

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

  • Marginal note:Mandatory notice

    (3) The notice must be issued if the practitioner

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

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

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

    • (d) the Minister has reasonable grounds to believe that the practitioner 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 practitioner named in the notice

    • (a) has contravened section 183, subsection 184(1) or (2) or section 185;

    • (b) has, on more than one occasion, self-administered a prescription drug under a self-directed prescription or order or, in the absence of a prescription or order, contrary to accepted professional 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 professional practice; or

    • (d) is unable to account for the quantity of prescription drugs for which the practitioner 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 applicable provincial professional licensing authority for the province in which the practitioner to whom the notice relates is entitled to practise;

    • (b) send to the practitioner 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 practitioner under paragraph (b),

      • (ii) the compliance history of the practitioner 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 practitioner 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.

 
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