Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Regulations are current to 2020-03-05 and last amended on 2019-12-09. Previous Versions

Licensed Dealers (continued)

[SOR/2004-237, s. 2]

Sale of Narcotics

Marginal note:Sale to another licensed dealer

 A licensed dealer may sell or provide a narcotic to another licensed dealer.

  • SOR/85-588, s. 6(E)
  • SOR/85-930, s. 4
  • SOR/2003-134, s. 2
  • SOR/2019-169, s. 3

Marginal note:Sale to pharmacist

  •  (1) Subject to subsection (2), a licensed dealer may sell or provide a narcotic to a pharmacist.

  • Marginal note:Exception — pharmacist named in notice

    (2) A licensed dealer must not sell or provide to a pharmacist who is named in a notice issued under subsection 48(1) the narcotics referred to in the notice.

  • Marginal note:Retraction

    (3) Subsection (2) does not apply to a licensed dealer that has received a notice of retraction issued under section 49 in respect of a pharmacist named in a notice issued under subsection 48(1).

  • SOR/2019-169, s. 3

Marginal note:Sale to practitioner

  •  (1) Subject to subsections (2) and (3), a licensed dealer may sell or provide to a practitioner a narcotic other than diacetylmorphine (heroin).

  • Marginal note:Exception — heroin

    (2) A licensed dealer may sell or provide diacetylmorphine (heroin) to the following practitioners:

    • (a) a practitioner of medicine;

    • (b) a practitioner of dentistry, if practising in a hospital that provides care or treatment to persons; or

    • (c) a nurse practitioner.

  • Marginal note:Exception — practitioner named in notice

    (3) A licensed dealer must not sell or provide to a practitioner who is named in a notice issued under subsection 59(1) the narcotics referred to in the notice unless the dealer has received a notice of retraction issued under section 60.

  • SOR/2019-169, s. 3

Marginal note:Provision to hospital employee

  •  (1) Subject to subsection (2), a licensed dealer may provide a narcotic to a hospital employee.

  • Marginal note:Exception — heroin

    (2) A licensed dealer may provide diacetylmorphine (heroin) to a hospital employee only if that hospital provides care or treatment to persons.

  • SOR/2019-169, s. 3

Marginal note:Sale to exempted person

 A licensed dealer may sell or provide a narcotic to a person who is exempted under section 56 of the Act with respect to the possession of that narcotic.

  • SOR/2019-169, s. 3

Marginal note:Sale to Minister

 A licensed dealer may sell or provide a narcotic to the Minister.

  • SOR/2019-169, s. 3

Marginal note:Written order

 A licensed dealer may sell or provide a narcotic under any of sections 25 to 25.5 if

  • (a) the dealer has received a written order that specifies the name and quantity of the narcotic to be supplied and is signed and dated

    • (i) in the case of a narcotic to be provided to a hospital employee or a practitioner in a hospital, by the pharmacist in charge of the hospital’s pharmacy or by a practitioner authorized by the person in charge of the hospital to sign the order, and

    • (ii) in any other case, by the person to whom the narcotic is to be sold or provided; and

  • (b) the dealer has verified the signature, if it is unknown to them.

  • SOR/2019-169, s. 3

Marginal note:Verbal order

  •  (1) A licensed dealer may sell or provide a verbal prescription narcotic under sections 25 to 25.5 if

    • (a) the dealer has received a verbal order that specifies the name and quantity of the narcotic to be supplied; and

    • (b) in the case of the provision of the narcotic to a hospital employee or a practitioner in a hospital, the order has been placed by the pharmacist in charge of the hospital’s pharmacy or by a practitioner authorized by the person in charge of the hospital to place the order.

  • Marginal note:Receipt

    (2) A licensed dealer that receives a verbal order from a pharmacist or practitioner must, within five working days after filling the order, obtain and keep a receipt that includes

    • (a) the signature of the pharmacist or practitioner who received the narcotic;

    • (b) the date on which the pharmacist or practitioner received the narcotic; and

    • (c) the name and quantity of the narcotic.

  • Marginal note:No further sale without receipt

    (3) If the licensed dealer has not obtained the receipt within five working days, the dealer must not sell or provide a narcotic to the pharmacist or practitioner in accordance with a further verbal order received from them until after obtaining the receipt.

  • SOR/2019-169, s. 3

Packaging and Transportation

Marginal note:Packaging — sale and provision

  •  (1) A licensed dealer that sells or provides a narcotic, other than a preparation described in section 36, must securely package it in its immediate container, which must be sealed in such a manner that the container cannot be opened without breaking the seal.

  • Marginal note:Packaging — transport and export

    (2) A licensed dealer that transports or exports a narcotic must ensure that its package is sealed in such a manner that the package cannot be opened without breaking the seal.

  • Marginal note:Exception

    (3) Subsection (1) does not apply to a test kit that contains a narcotic and that has a registration number.

  • SOR/2003-134, s. 2
  • SOR/2019-169, s. 3

Marginal note:Transport

  •  (1) A licensed dealer must, in taking delivery of a narcotic that they have imported or in making delivery of a narcotic,

    • (a) take any measures that are necessary to ensure the security of the narcotic while it is being transported;

    • (b) subject to subsection (2), use a method of transportation that permits an accurate record to be kept of all handling of the narcotic as well as of the signatures of every person handling the narcotic until it is delivered to the consignee;

    • (c) in the case of an imported narcotic, transport it directly to the site specified in their licence after it is released under the Customs Act; and

    • (d) in the case of a narcotic that is to be exported, transport it directly from the site specified in their licence to the customs office where it will be exported.

  • Marginal note:Exception

    (2) A licensed dealer may have a verbal prescription narcotic transported by a common carrier.

  • SOR/2019-169, s. 3

Thefts, Losses and Suspicious Transactions

Marginal note:Protective measures

 A licensed dealer must take any measures that are necessary to ensure the security of any narcotic in their possession and any licence or permit in their possession.

  • SOR/78-154, s. 4
  • SOR/85-588, s. 7
  • SOR/85-930, s. 5
  • SOR/99-124, s. 3
  • SOR/2004-237, s. 12
  • SOR/2010-221, s. 12
  • SOR/2012-230, s. 19
  • SOR/2013-119, s. 210
  • SOR/2013-172, s. 6
  • SOR/2014-260, ss. 23(E), 26(F)
  • SOR/2016-239, s. 5
  • SOR/2018-37, s. 3
  • SOR/2018-147, s. 10
  • SOR/2019-169, s. 3

Marginal note:Theft or loss — licences and permits

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

  • SOR/2019-169, s. 3
 
Date modified: