Cannabis Regulations (SOR/2018-144)

Marginal note:Definition of health care practitioner

334 In sections 335 to 337, health care practitioner means

• (a) an individual who is entitled under the laws of a province to practise medicine in that province; or

• (b) an individual who meets the requirements of paragraph (a) of the definition nurse practitioner in subsection 264(1).

Marginal note:Notice from Minister

• 335 (1) The Minister must, in the circumstances set out in subsection (2), issue a notice to the persons and pharmacies specified in subsection (3) advising them, as applicable, that

  • (a) the holders of a licence for sale and the holders of a licence for processing that receive the notice must not send cannabis products to the health care practitioner who is named in the notice;

  • (b) any medical document that is signed by the health care practitioner who is named in the notice must not form the basis for registering a client if the medical document is signed after the day on which the notice is issued; and

  • (c) pharmacists practising in the notified pharmacies must not distribute or sell cannabis products on the basis of a medical document signed by, or a written order issued by, the health care practitioner who is named in the notice if the medical document is signed, or the written order is issued, after the day on which the notice is issued.

• Marginal note:Circumstances — mandatory issuance

  (2) The notice must be issued if

  • (a) the health care practitioner who is named in the notice has asked the Minister, in writing, to issue it;

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

  • (c) the health care practitioner who is named in the notice has been convicted of

    • (i) a designated offence,

    • (ii) a contravention of these Regulations,

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

    • (iv) a contravention of the former Access to Cannabis for Medical Purposes Regulations or the former Marihuana for Medical Purposes Regulations, or

    • (v) a contravention of the Narcotic Control Regulations in relation to cannabis; or

  • (d) the health care practitioner who is named in the notice has been named in a notice issued under subsection 189(2) or (4).

• Marginal note:Recipients of notice

  (3) A notice that is issued under this section must be issued to

  • (a) the health care practitioner who is named in the notice;

  • (b) all holders of a licence for sale and holders of a licence for processing;

  • (c) all hospital pharmacies in the province in which the health care practitioner who is named in the notice is entitled to practise and is practising;

  • (d) the provincial professional licensing authority for the province in which the health care practitioner who is named in the notice is entitled to practise; and

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

• Marginal note:Power to issue notice

  (4) The Minister may issue a notice referred to in subsection (1) if he or she has reasonable grounds to believe that the health care practitioner who is named in the notice

  • (a) has conducted an activity referred to in section 272 other than in accordance with that section;

  • (b) has provided a medical document, or issued a written order, that contains false or misleading information;

  • (c) has, on more than one occasion, provided themselves with a medical document or issued a written order for themselves, contrary to accepted medical practice;

  • (d) has, on more than one occasion, conducted an activity referred to in section 272 in respect of their spouse, common-law partner, parent or child, including a child adopted in fact, contrary to accepted medical practice; or

  • (e) is unable to account for a quantity of cannabis for which they were responsible under this Part, the Narcotic Control Regulations or the former Access to Cannabis for Medical Purposes Regulations.

• Marginal note:Preconditions

  (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 health care practitioner to whom the notice relates is entitled to practise;

  • (b) send to the health care practitioner a written notice that sets out the reasons why a notice is being considered and give him or her an opportunity to present reasons why the notice should not be issued; and

  • (c) consider

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

    • (ii) the compliance history of the health care practitioner in respect of the Act, the Controlled Drugs and Substances Act and the regulations made or continued under either Act, and

    • (iii) whether the actions of the health care practitioner pose a significant risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity.

Marginal note:Retraction of notice

• 336 (1) The Minister must retract a notice that was issued under section 335 if

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

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

  • (c) in the case where the notice was issued at the request of the health care practitioner, one year has elapsed since the notice was issued; and

  • (d) in the case where the notice was issued in the circumstance referred to in paragraph 335(2)(d), the notice that was issued under subsection 189(2) or (4) has been retracted under subsection 190(1).

• Marginal note:Requirement to notify

  (2) If the Minister retracts a notice issued under section 335, he or she must notify, in writing, the persons and pharmacies to which it was issued.

Pharmacists

Marginal note:Prohibitions — notified pharmacies

• 337 (1) A pharmacist who is practising in a pharmacy that has received a notice issued under section 335 must not distribute or sell cannabis products on the basis of a medical document signed, or a written order issued, by the health care practitioner who is named in the notice unless the medical document is signed, or the written order is issued, before the day on which the notice is issued.

• Marginal note:Prohibition — pharmacist named in notice

  (2) A pharmacist who is practising in a pharmacy that has received a notice issued under section 344 must not distribute or sell cannabis products to the pharmacist who is named in the notice.

• Marginal note:Effect of retraction

  (3) The prohibitions referred to in subsections (1) and (2) cease to apply if the notice is retracted.

Marginal note:Prohibition — dispensing

338 A pharmacist must not use an order — including a written order — to dispense a cannabis product if the quantity of cannabis that would be dispensed, when added to the quantity of cannabis that has already been dispensed under the order, would exceed the quantity of cannabis specified in the order.

Marginal note:Hospital pharmacists

• 339 (1) Subject to section 337, a pharmacist who is practising in a hospital may, if authorized by the individual in charge of the hospital,

  • (a) distribute, sell or return, in accordance with paragraph 348(2)(b) or subsection 348(4) or (7), cannabis products, other than cannabis plants or cannabis plant seeds, that have been received from a holder of a licence for sale or a holder of a licence for processing; or

  • (b) distribute — but not send — or sell cannabis products, other than cannabis plants or cannabis plant seeds, to an employee of the hospital or a health care practitioner practising in the hospital, on receipt of an order, in writing, that has been signed and dated by

    • (i) the pharmacist in charge of the hospital’s pharmacy, or

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

• Marginal note:Verification of signature

  (2) Before distributing or selling cannabis products under paragraph (1)(b), the pharmacist receiving the order must verify the signature on the order, if it is unknown to them.

• Marginal note:Prohibition

  (3) A pharmacist must not conduct the activities referred to in subsection (1) if the pharmacist has been named in a notice that has been issued under section 344 and that has not been retracted.

• Marginal note:Definition of distribute

  (4) In this section, distribute does not include administering.

Marginal note:Retention of documents

• 340 (1) A pharmacist who receives cannabis products from a person must retain a document that contains the following information:

  • (a) the quantity of cannabis that is received;

  • (b) a description of the cannabis products, including their brand names;

  • (c) the date on which the cannabis products are received; and

  • (d) the name and mailing address of the person from which the cannabis products are received.

• Marginal note:Sale or distribution

  (2) A pharmacist who distributes or sells cannabis products on the basis of a medical document or written order must retain a document that contains the following information:

  • (a) the pharmacist’s name or initials;

  • (b) the name, initials and address of the health care practitioner who provided the medical document or issued the written order;

  • (c) the name and mailing address of the individual for whom the cannabis products are distributed or sold;

  • (d) the quantity of cannabis that is distributed or sold;

  • (e) a description of the cannabis products, including their brand names;

  • (f) the date on which the cannabis products are distributed or sold; and

  • (g) the number that the pharmacist has assigned to the medical document or written order.

• Marginal note:Emergency transfer

  (3) A pharmacist who distributes or sells cannabis products for emergency purposes on the basis of an order made in accordance with subsection 348(4) must retain a document that contains the following information:

  • (a) the name and address of the pharmacist or health care practitioner who signed the order;

  • (b) the name and address of the individual to whom the cannabis products are distributed or sold;

  • (c) the quantity of cannabis that is distributed or sold;

  • (d) a description of the cannabis products, including their brand names; and

  • (e) the date on which the cannabis products are distributed or sold.

• Marginal note:Return of cannabis products

  (4) A pharmacist who returns cannabis products must retain a document that contains the following information:

  • (a) the name and address of the person to which the cannabis products are returned;

  • (b) the quantity of cannabis that is returned;

  • (c) a description of the cannabis products, including their brand names; and

  • (d) the date on which the cannabis products are returned.

• Marginal note:Retention period

  (5) The documents must be retained for at least two years after the day on which they are prepared.

Marginal note:Former pharmacists

341 If an individual ceases to be a pharmacist, they must, in respect of any document that they were required to retain under this Part and for which the retention period has not yet ended,

• (a) ensure that the document continues to be retained until the end of the retention period; and

• (b) notify the Minister, in writing, of the address of the place of business at which the document is retained and of any subsequent change to the address.

Marginal note:Security of cannabis products

342 The pharmacist in charge of a hospital’s pharmacy must, in respect of cannabis products that are on the pharmacy premises or for which the pharmacist is responsible,

• (a) take reasonable steps to protect them from theft or loss; and

• (b) report any theft or loss to the Minister within 10 days after becoming aware of the theft or loss.

Marginal note:Disclosure to licensing authority

343 The Minister must disclose, in writing, factual information about a pharmacist — in relation to cannabis — that has been obtained under the Act or the Controlled Drugs and Substances Act to

• (a) the provincial professional licensing authority for a province in which the pharmacist is, or was, entitled to practise if

  • (i) the licensing 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,

  • (ii) the Minister has reasonable grounds to believe that the pharmacist has contravened, in relation to cannabis, a rule of conduct established by the licensing authority,

  • (iii) the Minister becomes aware that the pharmacist has been convicted of

    • (A) a designated offence,

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

    • (C) a contravention of the former Access to Cannabis for Medical Purposes Regulations, or

    • (D) a contravention of the Narcotic Control Regulations in relation to cannabis, or

  • (iv) the Minister has reasonable grounds to believe that the pharmacist has contravened these Regulations, the former Access to Cannabis for Medical Purposes Regulations or — in relation to cannabis — the Narcotic Control Regulations; and

• (b) the provincial professional licensing authority for a province in which the pharmacist is not entitled to practise if the licensing authority submits to the Minister

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

  • (ii) a document that shows that

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

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