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Narcotic Control Regulations (C.R.C., c. 1041)

Regulations are current to 2022-06-20 and last amended on 2022-03-31. Previous Versions

Practitioners (continued)

Administer, Prescribe or Sell Narcotics (continued)

[
  • SOR/2019-169, s. 16
]

Marginal note:Record of narcotics sold or provided

  •  (1) A practitioner who sells or provides a narcotic to a person for self-administration or for administration to an animal shall, whether or not the practitioner charges for the narcotic, keep a record showing the name and quantity of the narcotic sold or provided, the name and address of the person to whom it was sold or provided and the date on which it was sold or provided, if the quantity of the narcotic exceeds

    • (a) three times the maximum daily dosage recommended by the manufacturer or assembler of the narcotic for that narcotic; or

    • (b) three times the generally recognized maximum daily therapeutic dosage for the narcotic if the manufacturer or assembler has not recommended a maximum daily dosage.

  • Marginal note:Accessibility of record

    (2) The practitioner shall keep the record in a place, form and manner that will permit an inspector readily to examine and obtain information from it.

  • SOR/2004-237, s. 21
  • SOR/2013-119, s. 218
  • SOR/2016-230, s. 270
  • SOR/2018-147, s. 17
  • SOR/2019-169, s. 17

General Obligations of Practitioner

[
  • SOR/2019-169, s. 18
]

Marginal note:Requirements

 A practitioner shall

  • (a) furnish to the Minister any information that the Minister may require respecting

    • (i) the use by the practitioner of narcotics received — including the administering, selling or providing of them to a person,

    • (ii) the prescriptions for narcotics issued by the practitioner; and

    • (iii) [Repealed, SOR/2018-147, s. 18]

  • (b) produce to an inspector on request any records that these Regulations require the practitioner to keep;

  • (c) permit an inspector to make copies of such records or to take extracts therefrom;

  • (d) permit an inspector to check all stocks of narcotics on the practitioner’s premises;

  • (e) retain in his possession for at least two years any record that these Regulations require him to keep;

  • (f) take adequate steps to protect narcotics in his possession from loss or theft; and

  • (g) report to the Minister any loss or theft of a narcotic within 10 days of the practitioner’s discovery of the loss or theft.

  • SOR/2004-237, s. 22
  • SOR/2013-119, s. 219
  • SOR/2016-230, s. 271
  • SOR/2018-147, s. 18

 [Repealed, SOR/2010-221, s. 14]

Communication of Information by Minister to Licensing Authority

Marginal note:Contraventions by practitioner

 The Minister must provide in writing any factual information about a practitioner that has been obtained under the Act or these Regulations to the provincial professional licensing authority that is responsible for the registration and authorization of the person to practise their profession

  • (a) in the province in which the practitioner is or was registered and 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 being requested and a statement that the information is required for the purpose of assisting a lawful investigation by the authority, or

    • (ii) the Minister has reasonable grounds to believe that the practitioner has

      • (A) contravened a rule of conduct established by the authority,

      • (B) been convicted of a designated substance offence, or

      • (C) contravened these Regulations; or

  • (b) in a province in which the practitioner is not registered and 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 being 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.

  • SOR/86-882, s. 2
  • SOR/2003-134, s. 5
  • SOR/2010-221, s. 17
  • SOR/2013-119, s. 220
  • SOR/2015-132, s. 2
  • SOR/2016-230, s. 272
  • SOR/2018-147, s. 19
  • SOR/2019-169, s. 19

Notice of Prohibition of Sale

Marginal note:Request by practitioner

 A practitioner may make a written request to the Minister to send to licensed dealers and pharmacies a notice, issued under section 59, advising them of one or more of the following requirements:

  • (a) recipients of the notice must not sell or provide a narcotic, other than a verbal prescription narcotic, to that practitioner;

  • (b) recipients of the notice must not sell or provide a verbal prescription narcotic to the practitioner;

  • (c) pharmacists practising in the notified pharmacies must not fill a prescription or order for a narcotic, other than a verbal prescription narcotic, written by that practitioner; or

  • (d) pharmacists practising in the notified pharmacies must not fill a prescription or order for a verbal prescription narcotic from that practitioner.

  • (e) [Repealed, SOR/2018-147, s. 20]

  • (f) and (g) [Repealed, SOR/2013-119, s. 221]

  • SOR/2003-134, s. 5
  • SOR/2013-119, s. 221
  • SOR/2016-230, s. 273
  • SOR/2018-147, s. 20

Marginal note:Notice by Minister

  •  (1) In the circumstances described in subsection (2), the Minister must send a notice to the persons and authorities specified in subsection (3) advising them that

    • (a) pharmacists practising in the notified pharmacies and licensed dealers must not sell or provide to the practitioner named in the notice a narcotic other than a verbal prescription narcotic or a verbal prescription narcotic;

    • (b) pharmacists practising in the notified pharmacies must not fill a prescription or order from the practitioner named in the notice for a narcotic other than a verbal prescription narcotic or a verbal prescription narcotic; or

    • (c) the prohibitions in both paragraphs (a) and (b) apply with respect to the practitioner named in the notice.

  • Marginal note:Circumstances requiring a notice

    (2) The notice must be sent if the practitioner named in the notice has

    • (a) made a request to the Minister in accordance with section 58 to send the notice;

    • (b) contravened a rule of conduct established by the provincial professional licensing authority of the province in which the practitioner is practising and the authority has requested the Minister in writing to send the notice; or

    • (c) been convicted of a designated substance offence or of a contravention of these Regulations.

  • Marginal note:Recipients

    (3) The notice must be sent to

    • (a) all licensed dealers;

    • (b) all pharmacies within the province in which the practitioner named in the notice is registered and entitled to practise and is practising;

    • (c) the provincial professional licensing authority of the province in which the practitioner named in the notice is registered and entitled to practise;

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

    • (e) any provincial professional licensing authority in another province that has requested the Minister in writing to send the notice.

  • Marginal note:Other circumstances

    (4) The Minister may send the notice described in subsection (1) to the persons and authorities specified in subsection (3) if the Minister has taken the measures specified in subsection (5) and has reasonable grounds to believe that the practitioner named in the notice

    • (a) has contravened a provision of the Act or these Regulations;

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

    • (d) has, on more than one occasion, prescribed, provided or administered a narcotic, other than a verbal prescription narcotic, to a person who is a spouse, common-law partner, parent or child of the practitioner, including a child adopted in fact, contrary to accepted professional practice;

    • (e) has, on more than one occasion, prescribed, provided or administered a verbal prescription narcotic to a person who is a spouse, common-law partner, parent or child of the practitioner, including a child adopted in fact, contrary to accepted professional practice; or

    • (f) is unable to account for the quantity of narcotic for which the practitioner was responsible under these Regulations.

  • Marginal note:Measures before sending notice

    (5) The measures that must be taken before sending the notice are that the Minister has

    • (a) consulted with the provincial professional licensing authority of the province in which the practitioner to whom the notice relates is registered and entitled to practise;

    • (b) given that practitioner an opportunity to be heard; and

    • (c) considered

      • (i) the compliance history of the practitioner in respect of the Act and its regulations, and

      • (ii) whether the actions of the practitioner pose a risk to public health or safety, including the risk of the narcotic being diverted to an illicit market or use.

  • SOR/2003-134, s. 5
  • SOR/2010-221, ss. 17, 18(F)
  • SOR/2013-119, s. 222
  • SOR/2016-230, ss. 274, 278
  • SOR/2017-18, s. 25
  • SOR/2018-147, s. 21
  • SOR/2019-169, s. 20

Marginal note:Notice of retraction

 The Minister must provide the licensed dealers, pharmacies and provincial professional licensing authorities who were sent a notice under subsection 59(1) with a notice of retraction of that notice if

  • (a) in the circumstance described in paragraph 59(2)(a), the requirements set out in subparagraphs (b)(i) and (ii) have been met and one year has elapsed since the notice was sent by the Minister; or

  • (b) in a circumstance described in any of paragraphs 59(2)(b) and (c) and (4)(a) to (f), the practitioner named in the notice has

    • (i) requested in writing that a retraction of the notice be sent, and

    • (ii) provided a letter from the provincial professional licensing authority of the province in which the practitioner is registered and entitled to practise in which the authority consents to the retraction of the notice.

  • SOR/85-588, s. 20(E)
  • SOR/2003-134, s. 5
  • SOR/2010-221, s. 17
  • SOR/2013-119, s. 223
  • SOR/2018-147, s. 22
  • SOR/2019-169, s. 20

 [Repealed, SOR/2003-134, s. 5]

Hospitals

Marginal note:General obligations

 A person who is in charge of a hospital shall

  • (a) keep or cause to be kept in a book, register or other record maintained for such purposes,

    • (i) the name and quantity of any narcotic received,

    • (ii) the name and address of the person from whom any narcotic was received and the date received,

    • (iii) the name and quantity of any narcotic used in the making or assembling of a product or compound containing that narcotic,

    • (iv) the name and quantity of any product or compound that was made or assembled and that contains that narcotic and the date on which the product or compound was made or assembled,

    • (v) the name of the patient for whom a narcotic, other than dextropropoxyphene or a verbal prescription narcotic, was dispensed,

    • (vi) the name of the practitioner ordering or prescribing a narcotic, other than dextropropoxyphene or a verbal prescription narcotic, and

    • (vii) the date a narcotic, other than dextropropoxyphene or a verbal prescription narcotic was ordered or prescribed and the form and quantity thereof;

    • (viii) to (x) [Repealed, SOR/2018-147, s. 23]

  • (b) maintain the recorded information in such form as to enable an audit to be made from time to time for a period of not less than two years from the making thereof;

  • (c) take all necessary steps to protect narcotics in the hospital against loss or theft, and report to the Minister any loss or theft of narcotics within 10 days of his discovery thereof.

  • SOR/82-1073, s. 2
  • SOR/85-588, s. 21(E)
  • SOR/2004-237, s. 24
  • SOR/2013-119, s. 224
  • SOR/2016-230, s. 275
  • SOR/2018-147, s. 23
  • SOR/2019-169, s. 21(F)

Marginal note:Providing information and assisting inspector

 A person who is in charge of a hospital shall

  • (a) furnish such information respecting the use of narcotics therein, in such form and at such times as the Minister may require;

  • (b) produce to an inspector any books, records or documents required by these Regulations to be kept;

  • (c) permit an inspector to make copies thereof or take extracts from such books, records and documents; and

  • (d) permit an inspector to check all stocks of narcotics in the hospital.

Marginal note:Selling, providing or administering narcotic

  •  (1) No person in charge of a hospital shall permit a narcotic to be sold, provided or administered except in accordance with this section.

  • Marginal note:Written order or prescription

    (2) On receipt of a written order or prescription signed and dated by a practitioner, the person in charge of a hospital may permit a narcotic, other than diacetylmorphine (heroin), to be administered to a person or an animal under treatment as an in-patient or out-patient of the hospital, or to be sold or provided for the person or to the person in charge of the animal.

  • Marginal note:Verbal prescription narcotic

    (2.1) On receipt of a verbal prescription given by a practitioner, the person in charge of a hospital may permit a verbal prescription narcotic to be administered to a person or an animal under treatment as an in-patient or out-patient of the hospital, or to be sold or provided for the person or to the person in charge of the animal.

  • Marginal note:Emergency — other hospital

    (3) Subject to subsection (5.1), the person in charge of a hospital may permit a narcotic to be provided, for emergency purposes, to a hospital employee or practitioner in another hospital on receipt of a written order signed and dated by a pharmacist in the other hospital or a practitioner authorized by the person in charge of the other hospital to sign the order.

  • (3.1) [Repealed, SOR/2018-147, s. 24]

  • Marginal note:Emergency — pharmacist

    (4) Subject to subsection (5.1), the person in charge of a hospital may permit a narcotic to be sold or provided, for emergency purposes, to a pharmacist on receipt of a written order signed and dated by the pharmacist.

  • (5) [Repealed, SOR/2018-37, s. 7]

  • Marginal note:Signature

    (5.1) No person in charge of a hospital shall permit a narcotic to be sold or provided under subsection (3) or (4) unless the signature of the pharmacist in the other hospital or of the practitioner authorized by the person in charge of the other hospital to sign an order is known to the person who sells or provides the narcotic or has been verified.

  • (5.2) [Repealed, SOR/2018-147, s. 24]

  • Marginal note:Research purposes

    (6) A person in charge of a hospital may permit a narcotic to be provided to a person who is exempted under section 56 of the Act with respect to the possession of the narcotic and who is employed in a research laboratory in the hospital for the purpose of research.

  • Marginal note:Heroin

    (7) The person in charge of a hospital may permit diacetylmorphine (heroin) to be sold, provided or administered to a person under treatment as an in-patient or out-patient of the hospital on receipt of a written order or prescription signed and dated by a practitioner of medicine or dentistry or a nurse practitioner.

  • SOR/85-588, s. 22
  • SOR/85-930, s. 8
  • SOR/88-279, s. 2(F)
  • SOR/99-124, s. 7
  • SOR/2004-237, s. 25
  • SOR/2012-230, s. 23
  • SOR/2013-119, s. 225
  • SOR/2013-172, s. 8
  • SOR/2014-51, s. 2
  • SOR/2016-230, s. 276
  • SOR/2016-239, s. 7
  • SOR/2018-37, s. 7
  • SOR/2018-147, s. 24
  • SOR/2019-169, s. 23
 
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