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

Regulations are current to 2020-07-15 and last amended on 2019-12-09. Previous Versions

Hospitals (continued)

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  • (3.1) [Repealed, SOR/2018-147, s. 24]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  • (5) [Repealed, SOR/2018-37, s. 7]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  • (5.2) [Repealed, SOR/2018-147, s. 24]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

 [Repealed, SOR/2018-147, s. 25]

 [Repealed, SOR/2018-147, s. 25]

 [Repealed, SOR/2018-147, s. 25]

General

 [Repealed, SOR/97-227, s. 3]

Marginal note:Opium poppy

 The Minister may, on application for it, issue a licence to any person who, in the opinion of the Minister, is qualified to produce opium poppy for scientific purposes, on any terms and conditions that the Minister considers necessary.

  • SOR/2013-119, s. 227(E)
  • SOR/2016-123, s. 2(F)
  • SOR/2018-147, s. 26

Marginal note:Identification or analysis of narcotic

  •  (1) Despite anything in these Regulations, a person may, for the purpose of identification or analysis of a narcotic, provide or deliver it to

    • (a) a practitioner of medicine; or

    • (b) an agent or mandatary of a practitioner of medicine, if the agent or mandatary is exempted under section 56 of the Act with respect to the possession of that narcotic for that purpose.

  • Marginal note:Agent or mandatary of practitioner of medicine

    (2) An agent or mandatary of a practitioner of medicine who receives the narcotic must immediately provide or deliver it to

    • (a) the practitioner; or

    • (b) the Minister.

  • Marginal note:Practitioner of medicine

    (3) A practitioner of medicine who receives the narcotic must immediately provide or deliver it

    • (a) for the purpose of its identification or analysis, to a person who is exempted under section 56 of the Act with respect to the possession of that narcotic for that purpose; or

    • (b) to the Minister.

  • SOR/85-930, s. 9
  • SOR/99-124, s. 8
  • SOR/2004-237, s. 26
  • SOR/2018-69, ss. 75, 77
  • SOR/2019-169, s. 24

Marginal note:Records — person who is exempted or who has received a narcotic for the purpose of identification or analysis

 Every person who is exempted under section 56 of the Act with respect to the possession of a narcotic — other than a person to whom a narcotic has been administered, sold, delivered or provided by a practitioner of medicine who is exempted under section 56 of the Act from the application of any subsection of section 53 with respect to that narcotic —, every practitioner of medicine who has received a narcotic under subsection 68(1) or (2) and every agent or mandatary of a practitioner of medicine who has received a narcotic under subsection 68(1) must

  • (a) keep a record of the following information for a two-year period beginning on the day on which the record is made

    • (i) the name and quantity of any narcotic purchased or received by them and the date on which it was purchased or received,

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

    • (iii) particulars of the use to which the narcotic was put;

  • (b) provide any information respecting the narcotic that the Minister may require; and

  • (c) permit access to the records that are required to be kept by these Regulations.

  • SOR/85-588, s. 23
  • SOR/99-124, s. 9
  • SOR/2004-237, s. 27
  • SOR/2010-221, s. 15
  • SOR/2018-69, s. 75
  • SOR/2019-169, s. 24

Marginal note:Advertising

 It is prohibited to

  • (a) advertise a narcotic to the general public;

  • (b) advertise a preparation referred to in section 36 in a pharmacy; or

  • (c) publish any written advertisement respecting a narcotic unless that advertisement displays the symbol “N” in a clear and conspicuous colour and size in the upper left quarter of its first page.

  • SOR/2019-169, s. 24

 [Repealed, SOR/2019-169, s. 25]

Marginal note:Notification of application for order of restoration

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

  • Marginal note:Content of notice

    (2) The notification must specify

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

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

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

    • (d) the evidence on which the applicant intends to rely to establish that they are entitled to possession of the narcotic or other thing referred to in paragraph (c).

  • SOR/97-227, s. 4
  • SOR/2019-169, s. 26
 
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