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Controlled Substances Regulations (SOR/2025-242)

Regulations are current to 2026-10-19 and last amended on 2026-10-01. Previous Versions

Licensed Dealers (continued)

Security

Marginal note:Protective measures

 A licensed dealer must take all reasonable measures to ensure the security of any controlled substance, licence or permit in their possession.

Marginal note:Loss or theft — licences and permits

 If a licensed dealer becomes aware of a loss or theft of their licence or permit, the dealer must provide a written report to the Minister within 72 hours after becoming aware of the loss or theft.

Marginal note:Loss or theft — agent or mandatary

  •  (1) If an agent or mandatary of a licensed dealer becomes aware of a loss or theft of a controlled substance, the agent or mandatary must notify the licensed dealer immediately.

  • Marginal note:Written report

    (2) If a licensed dealer becomes aware of a loss of a controlled substance that cannot be explained on the basis of normally accepted business activities, or of a theft of a controlled substance, or is notified by an agent or mandatary of such a loss or theft, the dealer must

    • (a) in the case of a loss, provide a written report to the Minister within 72 hours after becoming aware or being notified of the loss; or

    • (b) in the case of a theft, provide

      • (i) a written report to a police force within 24 hours after becoming aware or being notified of the theft, and

      • (ii) a written report to the Minister within 72 hours after becoming aware or being notified of the theft, including a confirmation that the report required under subparagraph (i) has been provided.

Marginal note:Suspicious transaction

  •  (1) A licensed dealer must provide a written report containing the following information to the Minister within 72 hours after becoming aware of a transaction occurring in the course of their activities that it has reasonable grounds to suspect may be related to the diversion of a controlled substance to an illicit market or use:

    • (a) with respect to the licensed dealer,

      • (i) in the case of an individual, their name and, if applicable, title, as well as their municipal address and telephone number, or

      • (ii) in the case of an organization, its name, municipal address and telephone number, as well as the title of the position held by the individual making the report;

    • (b) with respect to the other party to the transaction, their name and municipal address;

    • (c) details of the transaction, including its date and time, as well as its type;

    • (d) in the case of a controlled substance set out in any of Schedules 1 to 4, its name, form and quantity;

    • (e) in the case of a mixture or finished product,

      • (i) its name or, if applicable, brand name, as well as the name of the controlled substance it contains,

      • (ii) its form, its strength, the number of containers and, if applicable, the number of units per container, and

      • (iii) its drug identification number, if any; and

    • (f) a detailed description of the reasons for the dealer’s suspicions.

  • Marginal note:Good faith

    (2) No civil proceedings lie against a licensed dealer for having provided the report in good faith.

  • Marginal note:Non-disclosure

    (3) A licensed dealer must not disclose that it has provided the report or disclose details of it with the intent to prejudice a criminal investigation, whether or not a criminal investigation has begun.

Marginal note:Partial protection against self-incrimination

 A report provided under any of sections 67 to 69, or any evidence derived from it, is not to be used or received to incriminate the licensed dealer or their agent or mandatary in any criminal proceeding against them other than a prosecution under section 132, 136 or 137 of the Criminal Code.

Destruction of Controlled Substances

Marginal note:Destruction at site

 A licensed dealer that intends to destroy a controlled substance at the site specified in their licence must ensure that the following conditions are met:

  • (a) the licensed dealer obtains the prior approval of the Minister;

  • (b) the destruction is carried out in the presence of two of the following persons, at least one of whom must be a person referred to in subparagraph (i):

    • (i) the senior person in charge, the qualified person in charge or an alternate qualified person in charge, or

    • (ii) a person who works for or provides services to the licensed dealer and holds a senior position;

  • (c) the destruction is carried out in accordance with a method that complies with all federal, provincial and municipal environmental protection legislation applicable to the place of destruction; and

  • (d) as soon as the destruction is completed, the person who carried out the destruction and each of the two persons referred to in paragraph (b) who were present at the destruction sign and date a joint declaration attesting that the controlled substance was destroyed, to which each signatory must add in printed letters their name and, if applicable, title.

Marginal note:Destruction elsewhere than at site

 A licensed dealer that intends to destroy a controlled substance elsewhere than at the site specified in their licence must ensure that the following conditions are met:

  • (a) the licensed dealer obtains the prior approval of the Minister;

  • (b) the licensed dealer takes all reasonable measures to ensure the security of the controlled substance while it is being transported in order to prevent its diversion to an illicit market or use;

  • (c) the destruction is carried out by a person working for a business that specializes in the destruction of dangerous goods, other than a licensed dealer specialized in destruction, and in the presence of another person working for that business;

  • (d) the destruction is carried out in accordance with a method that complies with all federal, provincial and municipal environmental protection legislation applicable to the place of destruction; and

  • (e) as soon as the destruction is completed, the person who carried out the destruction provides the licensed dealer with a dated declaration attesting that the controlled substance was destroyed and containing

    • (i) the municipal address of the place of destruction,

    • (ii) the date of destruction,

    • (iii) the method of destruction,

    • (iv) in the case of a controlled substance set out in any of Schedules 1 to 4, its name and quantity,

    • (v) in the case of a mixture or finished product,

      • (A) subject to clause (D), its name or, if applicable, brand name, as well as the name of the controlled substance it contains,

      • (B) subject to clause (D), its form, its strength, the number of containers and, if applicable, the number of units per container,

      • (C) subject to clause (D), its drug identification number, if any, and

      • (D) if the finished product has been previously returned by an individual for the purposes of destruction to a pharmacist, pharmacy technician, practitioner, hospital or particular person, only the identifier marked on the collection container of the finished product and the number of collection containers, and

    • (vi) the names, in printed letters, and signatures of the person who carried out the destruction and the other person who was present at the destruction.

Marginal note:Application for approval

  •  (1) A licensed dealer must submit to the Minister an application that contains the following information in order to obtain the Minister’s approval to destroy a controlled substance:

    • (a) their name and, if applicable, title, as well as their municipal address;

    • (b) their dealer’s licence number;

    • (c) the municipal address of the place of destruction;

    • (d) the proposed date of destruction;

    • (e) a brief description of the method of destruction;

    • (f) if the destruction is to be carried out at the site specified in the dealer’s licence, the names of the persons proposed for the purposes of paragraph 71(b) and information establishing that they meet the conditions of that paragraph;

    • (g) in the case of a controlled substance set out in any of Schedules 1 to 4, its name and quantity; and

    • (h) in the case of a mixture or finished product,

      • (i) subject to subparagraph (iv), its name or, if applicable, brand name, as well as the name of the controlled substance it contains,

      • (ii) subject to subparagraph (iv), its form, its strength, the number of containers and, if applicable, the number of units per container,

      • (iii) subject to subparagraph (iv), its drug identification number, if any, and

      • (iv) if the finished product has been previously returned by an individual for the purposes of destruction to a pharmacist, pharmacy technician, practitioner, hospital or particular person, only the identifier marked on the collection container of the finished product and the number of collection containers.

  • Marginal note:Signature and attestation

    (2) The application must

    • (a) be signed and dated by the qualified person in charge or an alternate qualified person in charge; and

    • (b) include an attestation by that person that

      • (i) the proposed method of destruction complies with all federal, provincial and municipal environmental protection legislation applicable to the place of destruction, and

      • (ii) all of the information submitted in support of the application is correct and complete to the best of the signatory’s knowledge.

  • Marginal note:Additional information and documents

    (3) The licensed dealer must, not later than the date specified in the Minister’s written request to that effect, provide the Minister with any information or document that the Minister determines is necessary to complete the review of the application.

Marginal note:Approval

 On completion of the review of the approval application, the Minister must approve the destruction of the controlled substance unless

  • (a) in the case of a destruction that is to be carried out at the site specified in the dealer’s licence, the persons proposed for the purposes of paragraph 71(b) do not meet the conditions of that paragraph;

  • (b) the Minister has reasonable grounds to believe that the controlled substance would not be destroyed;

  • (c) the Minister has reasonable grounds to believe that the licensed dealer has submitted false or misleading information or false or falsified documents in or in support of the approval application;

  • (d) the controlled substance or a portion of it is required for the purposes of a criminal or administrative investigation or a preliminary inquiry, trial or other proceeding under any Act or its regulations; or

  • (e) the Minister has reasonable grounds to believe that the approval would likely create a risk to public health or safety, including the risk that the controlled substance could be diverted to an illicit market or use.

Documents

Information

Marginal note:Substances ordered and received

 A licensed dealer that orders or receives a controlled substance must record the following information:

  • (a) the name and, if applicable, title of the individual placing the order for the controlled substance or receiving it;

  • (b) with respect to the person from whom the controlled substance is ordered or received, their name and, if applicable, title, as well as their municipal address;

  • (c) the date of the order or receipt;

  • (d) in the case of a controlled substance set out in any of Schedules 1 to 4, its name, form and quantity; and

  • (e) in the case of a mixture or finished product,

    • (i) subject to subparagraph (iv), its name or, if applicable, brand name, as well as the name of the controlled substance it contains,

    • (ii) subject to subparagraph (iv), its form, its strength, the number of containers and, if applicable, the number of units per container,

    • (iii) subject to subparagraph (iv), its drug identification number, if any, and

    • (iv) if the finished product has been previously returned by an individual for the purposes of destruction to a pharmacist, pharmacy technician, practitioner, hospital or particular person, only the identifier marked on the collection container of the finished product and the number of collection containers.

Marginal note:Substances sold

 A licensed dealer that sells or provides a controlled substance must record the following information:

  • (a) the name and, if applicable, title of the individual selling or providing the controlled substance;

  • (b) with respect to the person to whom the controlled substance is sold or provided, their name and, if applicable, title, as well as their municipal address;

  • (c) the date of the sale or provision;

  • (d) in the case of a controlled substance set out in any of Schedules 1 to 4, its name, form and quantity; and

  • (e) in the case of a controlled substance that is a mixture or finished product,

    • (i) its name or, if applicable, brand name, as well as the name of the controlled substance it contains,

    • (ii) its form, its strength, the number of containers and, if applicable, the number of units per container, and

    • (iii) its drug identification number, if any.

Marginal note:Substances produced or packaged

 A licensed dealer that produces or packages a controlled substance must record the following information with respect to the substance:

  • (a) in the case of a controlled substance set out in any of Schedules 1 to 4, its name, form and quantity; and

  • (b) in the case of a mixture or finished product,

    • (i) its name or, if applicable, its brand name, as well as the name and quantity of the controlled substance it uses to produce the mixture or finished product, or that is contained in the mixture or finished product that it packages,

    • (ii) its form, its strength, the number of containers and, if applicable, the number of units per container, and

    • (iii) its drug identification number, if any.

Marginal note:Substances in stock

 A licensed dealer that stores a controlled substance must record the following information with respect to the substance:

  • (a) the date on which it is placed in stock;

  • (b) in the case of a controlled substance set out in any of Schedules 1 to 4, its name, form and quantity; and

  • (c) in the case of a mixture or finished product,

    • (i) subject to subparagraph (iv), its name or, if applicable, brand name, as well as the name of the controlled substance it contains,

    • (ii) subject to subparagraph (iv), its form, its strength, the number of containers and, if applicable, the number of units per container,

    • (iii) subject to subparagraph (iv), its drug identification number, if any, and

    • (iv) if the finished product has been previously returned by an individual for the purposes of destruction to a pharmacist, pharmacy technician, practitioner, hospital or particular person, only the identifier marked on the collection container of the finished product and the number of collection containers.

 

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