Controlled Substances Regulations (SOR/2025-242)

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

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

  adult

  adult means an individual who is 18 years of age or older. (adulte)

  advertisement

  advertisement includes any representation by any means for the purpose of promoting, directly or indirectly, the sale or other disposal of a controlled substance. (publicité)

  cannabis offence

  cannabis offence means

  • (a) an offence under subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7), 13(1) or 14(1) of the Cannabis Act; or

  • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a). (infraction relative au cannabis)

  CAS registry number

  CAS registry number means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American Chemical Society. (numéro d’enregistrement CAS)

  competent authority

  competent authority means a public authority of a foreign country that is authorized under the laws of that country to approve the importation or exportation of controlled substances into or from that country. (autorité compétente)

  container

  container means an immediate container of a controlled substance, unless otherwise specified, but does not include a collection container. (contenant)

  controlled drug

  controlled drug means a substance set out in Schedule 2. (drogue contrôlée)

  destroy

  destroy, in relation to a controlled substance, means to alter or denature it to such an extent that its consumption is rendered impossible or improbable. (destruction)

  drug identification number

  drug identification number means the identification number assigned to a drug under paragraph C.01.014.2(1)(a) of the Food and Drug Regulations. (identification numérique)

  emergency medical service vehicle

  emergency medical service vehicle means any conveyance authorized under the laws of a province to transport individuals to hospitals and on which emergency medical services are provided. (véhicule de service médical d’urgence)

  emergency supply

  emergency supply means a controlled substance that is stored in a place that is either in a remote area where emergency medical treatment is not readily available or in an emergency medical service vehicle. (approvisionnement d’urgence)

  finished product

  finished product means a finished product that contains a controlled substance set out in any of Schedules 1 to 4, that is in a form that is intended to be administered to an individual or animal and, in the case of a finished product that does not contain a restricted drug, that

  • (a) has a drug identification number; or

  • (b) is compounded by a pharmacist or pharmacy technician in accordance with these Regulations. (produit fini)

  government laboratory

  government laboratory means a forensic or toxicology laboratory that is operated by the government of Canada or of a province and in which analytical testing involving controlled substances is conducted. (laboratoire public)

  health professional

  health professional means an individual who is entitled under the laws of a province to practise a profession in a health care field and who is practising in that province. (professionnel de la santé)

  hospital

  hospital means a facility

  • (a) that is licensed, approved or designated by a province under the laws of the province to provide health care or treatment to individuals or animals; or

  • (b) that is owned or operated by the government of Canada or of a province and that provides health services. (hôpital)

  intern

  intern means an individual who is entitled under the laws of a province to work as an intern in a health care field, or to work under a designation that the Minister considers equivalent, and who is working as such in that province. (stagiaire)

  international obligation

  international obligation means an obligation relative to a controlled substance set out in a convention, treaty or other multilateral or bilateral instrument that Canada has ratified or to which Canada adheres. (obligation internationale)

  letter of authorization

  letter of authorization means the letter of authorization issued under section C.08.010 of the Food and Drug Regulations. (lettre d’autorisation)

  licensed dealer

  licensed dealer means the holder of a licence issued under subsection 12(1). (distributeur autorisé)

  midwife

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

  mixture

  mixture means a mixture that contains a controlled substance set out in any of Schedules 1 to 4, but does not include a finished product. (mélange)

  narcotic

  narcotic means a substance set out in Schedule 1. (stupéfiant)

  nurse practitioner

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

  • (a) is a registered nurse;

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

  • (c) can autonomously make diagnoses, request diagnostic tests and interpret their results, prescribe drugs and perform other specific procedures under the laws of a province. (infirmier praticien)

  order

  order does not include a prescription. (commande)

  particular person

  particular person means a person that, in the course of that person’s operations, unexpectedly receives a controlled substance from an individual for the purposes of destruction. (personne particulière)

  peace officer

  peace officer has the same meaning as in section 2 of the Criminal Code. (agent de la paix)

  person in charge of a government laboratory

  person in charge of a government laboratory means an individual who has responsibility for managing all of a government laboratory’s activities with respect to controlled substances. (responsable d’un laboratoire public)

  person in charge of a hospital

  person in charge of a hospital means an individual who has responsibility for managing all of a hospital’s activities with respect to controlled substances. (responsable d’un hôpital)

  pharmacist

  pharmacist means an individual who is entitled under the laws of a province to practise pharmacy and who is practising pharmacy in that province. (pharmacien)

  pharmacy technician

  pharmacy technician means an individual who is entitled under the laws of a province to practise as a pharmacy technician or to practise under a designation that the Minister considers equivalent and who is practising as such in that province. (technicien en pharmacie)

  podiatrist

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

  prescription

  prescription means an authorization given by a practitioner that a stated amount of a controlled substance, other than a restricted drug, be sold or provided for the individual named or the animal identified in it. (prescription)

  qualified person in charge

  qualified person in charge means the individual designated under subsection 9(1). (responsable qualifié)

  restricted drug

  restricted drug means a substance that is set out in Schedule 4. (drogue d’utilisation restreinte)

  Security Directive

  Security Directive means the Directive on Physical Security Requirements for Controlled Substances and Drugs Containing Cannabis, as amended from time to time and published by the Government of Canada on its website. (Directive en matière de sécurité)

  send

  send does not include sending by mail. (expédition)

  senior person in charge

  senior person in charge means the individual designated under section 8. (responsable principal)

  specialized in destruction

  specialized in destruction, in relation to a licensed dealer, describes a dealer whose licence specifies that it only deals in the destruction of controlled substances. (spécialisé en destruction)

  targeted substance

  targeted substance means a substance set out in Schedule 3. (substance ciblée)

  test kit

  test kit means a kit

  • (a) that contains a controlled substance and an adulterating or denaturing agent;

  • (b) that is used to test for a controlled substance; and

  • (c) the contents of which are not intended or likely to be consumed by, or administered to, an individual or animal. (trousse d’essai)

• Marginal note:Interpretation — controlled substances

  (2) For the application of these Regulations, a controlled substance refers to any of the following substances:

  • (a) a narcotic;

  • (b) a controlled drug;

  • (c) a targeted substance;

  • (d) a restricted drug.

• Marginal note:Interpretation — practitioners

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

  • (a) midwives;

  • (b) nurse practitioners; and

  • (c) podiatrists.

General

Marginal note:Non-application — member of police force

2 The following persons are exempt from the application of these Regulations if, in respect of their activity, they are exempt from the application of sections 5 to 7.1 of the Act by virtue of the Controlled Drugs and Substances Act (Police Enforcement) Regulations:

• (a) a member of a police force, as defined in section 1 of those regulations; or

• (b) a person acting under the direction and control of that member.

Marginal note:Controlled drug — Part 3 of Schedule 2

3 The Act and these Regulations do not apply in respect of a finished product that contains a controlled drug set out in Part 3 of Schedule 2 and that is

• (a) in a form that allows the sustained release of an active ingredient over a certain period of time; and

• (b) intended for insertion under the skin of a food-producing animal for the purpose of increasing weight gain and improving feed efficiency.

Marginal note:Authorizations — agents and mandataries

4 An agent or mandatary of a person, including an employee of that person or another person that is acting under a contract with that person, may conduct an activity if the following conditions are met:

• (a) in the case of the person,

  • (i) the person is authorized under these Regulations to conduct the activity, and

  • (ii) if applicable, the provincial professional regulatory authority of the province in which they are practising does not prohibit the delegation of the activity to the agent or mandatary; and

• (b) in the case of the agent or mandatary,

  • (i) if applicable, they are authorized by the provincial professional regulatory authority of the province in which they are practising to conduct the activity,

  • (ii) the agent or mandatary does so as part of their role as agent or mandatary or their employment duties and functions or in the performance of their contract, and

  • (iii) the agent or mandatary complies with the requirements that apply to the person referred to in paragraph (a).

Possession

Controlled Drugs, Narcotics and Targeted Substances

Marginal note:Authorized persons

• 5 (1) A person referred to in subsection (2) is authorized to possess any of the following controlled substances if the person has obtained the substance in accordance with these Regulations, in the course of acts conducted in connection with the administration or enforcement of an Act or regulation or from a person exempted under subsection 56(1) of the Act from the application of subsection 5(1) of the Act with respect to that controlled substance:

  • (a) a narcotic set out in Schedule 1;

  • (b) a controlled drug set out in Part 1 of Schedule 2;

  • (c) a targeted substance set out in Part 1 of Schedule 3.

• Marginal note:Conditions

  (2) An authorized person is

  • (a) a person that conducts an activity, with respect to the controlled substance, that is necessary for their business or the practice of their profession and that is

    • (i) a licensed dealer,

    • (ii) a pharmacist or pharmacy technician, other than one who is practising in a hospital, or

    • (iii) a practitioner who is registered and entitled to practise in

      • (A) the province in which they possess the controlled substance, or

      • (B) a province other than the province in which they possess the controlled substance, if they possess the substance for emergency medical purposes only;

  • (b) a hospital;

  • (c) the Minister;

  • (d) an inspector, member of the Royal Canadian Mounted Police, peace officer or member of the technical or scientific staff of the federal government, a provincial government or a university in Canada who possesses the controlled substance in connection with their employment;

  • (e) a particular person that possesses the substance for the purposes of destruction; or

  • (f) an individual who

    • (i) has obtained the controlled substance for their own use, for the use of another individual or for an animal in accordance with a prescription that was issued or obtained in accordance with these Regulations from one of the following persons:

      • (A) a practitioner, or

      • (B) a pharmacist, or

    • (ii) has imported the controlled substance

      • (A) for their own use,

      • (B) for the use and on the behalf of an accompanying individual, or

      • (C) for an animal for which the individual is responsible and that is accompanying the individual.

• Marginal note:Agent or mandatary — person in paragraph (2)(d)

  (3) An agent or mandatary of a person referred to in paragraph (2)(d) may only have a controlled substance set out in subsection (1) in their possession if

  • (a) they have reasonable grounds to believe that person is a person referred to in paragraph (2)(d); and

  • (b) they possess the controlled substance for the purpose of assisting that person in the administration or enforcement of an Act or regulation.

• Marginal note:Export

  (4) A licensed dealer, the Minister, a government laboratory or an individual referred to in section 226 may possess a controlled substance, other than a restricted drug, for the purpose of exporting it if the substance was obtained in accordance with these Regulations.