Controlled Substances Regulations (SOR/2025-242)

Marginal note:Cancellation of registration number

• The following provision is not in force.

  233 (1) The Minister must cancel the registration number of a test kit if

  • The following provision is not in force.

    (a) the Minister receives a notice from the person to whom the document that sets out the registration number was issued, stating that production of the test kit has ceased; or

  • The following provision is not in force.

    (b) the Minister has reasonable grounds to believe that one of the circumstances referred to in paragraph 231(1)(a) or (b) exists.

• The following provision is not in force.

  Marginal note:Prior notice

  (2) Before cancelling a registration number, the Minister must

  • The following provision is not in force.

    (a) provide the person to whom the document that sets out the registration number was issued with a prior written notice that sets out the Minister’s reasons and gives the applicant an opportunity to be heard; and

  • The following provision is not in force.

    (b) consider the person’s submissions, if applicable.

• The following provision is not in force.

  Marginal note:Effect of cancellation

  (3) The following rules apply when the registration number of a test kit is cancelled:

  • The following provision is not in force.

    (a) in the case of a test kit produced before a cancellation under paragraph (1)(a),

    • (i) the activities set out in section 234 remain authorized, and

    • (ii) the registration number must remain on the label of the test kit; and

  • The following provision is not in force.

    (b) in the case of a test kit produced either before or after a cancellation under paragraph (1)(b), the registration number must not be displayed on its label.

Marginal note:Authorized activities

• The following provision is not in force.

  234 (1) Any person, other than a person referred to in subsection (2), may possess, sell, provide, transport, send, deliver, import or export a test kit if the following conditions are met:

  • The following provision is not in force.

    (a) subject to subparagraph 233(3)(a)(i), the registration number of the test kit has not been cancelled under subsection 233(1);

  • The following provision is not in force.

    (b) the test kit will be used for a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose; and

  • The following provision is not in force.

    (c) the test kit carries a label on which the following information appears:

    • (i) the registration number of the test kit, and

    • (ii) in the case of a test kit that is not subject to the labelling requirements set out in the Medical Devices Regulations,

      • (A) the name and municipal address of the person that produced the test kit or, if the test kit is produced in accordance with a custom order, of the other person for whom the test kit was produced, and

      • (B) its brand name.

• The following provision is not in force.

  Marginal note:Member of police force

  (2) A person referred to in section 2 may possess a test kit.

Marginal note:Restrictions

235 A person that advertises a controlled substance may only do so if

• The following provision is not in force.

  (a) the substance is not a restricted drug;

• The following provision is not in force.

  (b) the advertisement is directed to a person that is not part of the general public; and

• The following provision is not in force.

  (c) in the case of a written advertisement,

  • (i) the advertisement appears in a document distributed to, or in a trade publication for,

    • (A) a licensed dealer,

    • (B) a pharmacist, pharmacy technician or practitioner, or

    • (C) a hospital, and

  • (ii) the advertisement contains, in a conspicuous place, a legible and intelligible statement that the substance is a controlled substance.

Marginal note:Written notification

• The following provision is not in force.

  236 (1) For the purposes of subsection 24(1) of the Act, the prior notification of an application for an order of restoration given to the Attorney General must be made in writing and provided by registered mail at least 15 days before the date on which the application is to be made to a justice.

• The following provision is not in force.

  Marginal note:Content of notification

  (2) The prior notification must specify

  • The following provision is not in force.

    (a) the name of the justice to whom the application is to be made;

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    (b) the time and place at which the application is to be heard;

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    (c) details concerning the controlled substance or other thing in respect of which the application is to be made; and

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    (d) the evidence on which the applicant intends to rely to establish that the applicant is entitled to possession of the controlled substance or other thing referred to in paragraph (c).

237 [Amendments]

238 The following regulations are repealed:

• The following provision is not in force.

  (a) the Narcotic Control RegulationsFootnote ²;

• The following provision is not in force.

  (b) the Regulations Exempting Certain Precursors and Controlled Substances from the Application of the Controlled Drugs and Substances ActFootnote ³;

• The following provision is not in force.

  (c) the Benzodiazepines and Other Targeted Substances RegulationsFootnote ⁴; and

• The following provision is not in force.

  (d) the New Classes of Practitioners RegulationsFootnote ⁵.

• Return to footnote ²C.R.C., c. 1041; SOR/2019-169, s. 1

• Return to footnote ³SOR/97-229

• Return to footnote ⁴SOR/2000-217; SOR/2003-38, s. 1

• Return to footnote ⁵SOR/2012-230