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

Regulations are current to 2019-07-01 and last amended on 2019-06-17. Previous Versions

Interpretation (continued)

 [Repealed, SOR/2016-230, s. 262]

Possession

  •  (1) A person is authorized to have a narcotic in his or her possession where the person has obtained the narcotic under these Regulations, in the course of activities performed in connection with the enforcement or administration of an Act or regulation, or from a person who is exempt under section 56 of the Act from the application of subsection 5(1) of the Act with respect to that narcotic, and the person

    • (a) requires the narcotic for his business or profession and is

      • (i) a licensed dealer,

      • (ii) a pharmacist, or

      • (iii) a practitioner who is registered and entitled to practise in the province in which he has such possession;

    • (b) is a practitioner who is registered and entitled to practise in a province other than the province in which he has such possession and such possession is for emergency medical purposes only;

    • (c) is a hospital employee or a practitioner in a hospital;

    • (d) has obtained the narcotic for his or her own use

      • (i) from a practitioner,

      • (ii) pursuant to a prescription that is not issued or obtained in contravention of these Regulations, or

      • (iii) from a pharmacist pursuant to section 36;

      • (iv) [Repealed, SOR/2018-147, s. 2]

    • (e) is a practitioner of medicine who received the narcotic pursuant to subsection 68(3) or (5) and his possession is for a purpose referred to in subsection 68(4) or (6);

    • (f) is an agent or mandatary of a practitioner of medicine who received the narcotic pursuant to section 68(3) and his possession is for the purpose of complying with subsection 68(5);

    • (g) is employed as an inspector, a member of the Royal Canadian Mounted Police, a police constable, peace officer or member of the technical or scientific staff of any department of the Government of Canada or of a province or university and such possession is for the purposes of and in connection with such employment;

    • (h) is a person other than a person referred to in paragraph (e) or (f), is exempted under section 56 of the Act with respect to the possession of that narcotic and whose possession is for a purpose set out in the exemption; or

    • (i) is a person referred to in paragraph 68(4)(b).

  • (2) A person is authorized to have a narcotic in his possession where the person is acting as the agent or mandatary for any person referred to in paragraphs (1)(a) to (e), (h) or (i).

  • (2.1) A person is authorized to have a narcotic in his possession where

    • (a) the person is acting as the agent or mandatary for a person he has reasonable grounds to believe is a person referred to in paragraph (1)(g); and

    • (b) the possession of the narcotic is for the purpose of assisting that person in the enforcement or administration of an Act or regulation.

  • (3) [Repealed, SOR/2012-230, s. 15]

  • SOR/85-588, s. 2
  • SOR/85-930, s. 2
  • SOR/97-227, s. 2
  • SOR/99-124, s. 1
  • SOR/2012-230, s. 15
  • SOR/2013-119, s. 202
  • SOR/2013-172, s. 4
  • SOR/2016-230, s. 263
  • SOR/2016-239, s. 3
  • SOR/2018-37, s. 1
  • SOR/2018-69, ss. 75, 76
  • SOR/2018-147, s. 2

Test Kits Containing Narcotics

 Any person may sell, possess or otherwise deal in a test kit that contains a narcotic if

  • (a) a registration number has been issued for the test kit pursuant to section 6;

  • (b) the test kit bears, on its external surface,

    • (i) the manufacturer’s name,

    • (ii) the trade name or trademark, and

    • (iii) the registration number issued therefor pursuant to section 6;

  • (c) the test kit is sold, possessed or otherwise dealt in for the purpose of medical, laboratory, industrial, educational or research use; and

  • (d) the registration number has not been cancelled pursuant to section 7.

  • 2014, c. 20, s. 366(E)

 The manufacturer of a test kit that contains a narcotic may apply for a registration number by submitting to the Minister an application containing

  • (a) particulars of the design and construction of the test kit;

  • (b) a detailed description of the narcotic and other substances, if any, contained in the test kit, including the qualitative and quantitative composition of each component;

  • (c) a statement of the proposed use of the test kit; and

  • (d) any further information and material that the Minister may require to determine whether the test kit is one for which a registration number may be issued.

  • SOR/2018-69, s. 71

 Where, on application under section 5, the Minister is satisfied that the test kit to which the application applies will only be used for medical, laboratory, industrial, educational or research use and that it

  • (a) contains a narcotic and one or more adulterating or denaturing agents in such a manner, combination, quantity, proportion or concentration that the preparation or mixture has no significant drug abuse potential, or

  • (b) contains such small quantities or concentrations of any narcotic substance as to have no significant drug abuse potential,

the Minister may issue a registration number for the test kit, which shall be a number preceded by the letters “TK”.

  • SOR/81-22, s. 1

 The Minister may cancel the registration number for a test kit if the test kit is removed from the market by the manufacturer or if, in the Minister’s opinion,

  • (a) it is necessary to cancel the registration number in the interest of public health; or

  • (b) the test kit for which the registration number is issued is used or is likely to be used for any purpose other than medical, laboratory, industrial, educational or research use.

Dealers’ Licences and Licensed Dealers

[SOR/2004-237, s. 2]
  •  (1) Subject to these Regulations, no person except a licensed dealer shall produce, make, assemble, import, export, sell, provide, transport, send or deliver a narcotic.

  • (2) No licensed dealer shall import or export a narcotic without a permit.

  • (3) [Repealed, SOR/2018-147, s. 3]

  • (4) [Repealed, SOR/2016-230, s. 264]

  • (5) No licensed dealer shall cultivate, propagate or harvest opium poppy other than for scientific purposes.

  • SOR/2004-237, s. 3
  • SOR/2013-119, s. 203
  • SOR/2016-123, s. 1
  • SOR/2016-230, ss. 264, 278
  • SOR/2018-147, s. 3

 A licensed dealer is authorized to have a narcotic in their possession for the purpose of exporting the narcotic from Canada if they have obtained the narcotic in accordance with these Regulations.

  • SOR/97-514, s. 1
  • SOR/2013-119, s. 204
  • SOR/2016-230, s. 278
  • SOR/2018-147, s. 4

 To be eligible for a dealer’s licence, a person must be

  • (a) an individual who ordinarily resides in Canada;

  • (b) a corporation that has its head office in Canada or operates a branch office in Canada; or

  • (c) the holder of a position that includes responsibility for narcotics on behalf of a department of the Government of Canada or of a government of a province, a police force, a hospital or a university in Canada.

  • SOR/2004-237, s. 4
  •  (1) A licensed dealer

    • (a) shall designate one qualified person in charge, who may be the licensed dealer if the licensed dealer is an individual, who must work at the premises specified in the licence, have responsibility for supervising activities with respect to narcotics specified in the licence and for ensuring, on behalf of the licensed dealer, that those activities comply with these Regulations; and

    • (b) may designate an alternate qualified person in charge who must work at the premises specified in the licence and have authority to replace the qualified person in charge when that person is absent.

  • (2) The qualified person in charge and, if applicable, the alternate qualified person in charge

    • (a) shall be familiar with the provisions of the Act and the regulations under it that apply to the licence of the licensed dealer who designated them and have knowledge of chemistry and pharmacology and experience in those fields to properly carry out their duties;

    • (b) shall either

      • (i) be a pharmacist or a practitioner of medicine, dentistry or veterinary medicine, registered with a provincial professional licensing authority, or

      • (ii) possess a degree in an applicable science — such as pharmacy, medicine, dentistry, veterinary medicine, pharmacology, organic chemistry or chemical engineering — that is awarded by a Canadian university or, if awarded by a foreign university, that is recognized by a Canadian university or a Canadian professional association; and

    • (c) shall not have been convicted, as an adult, within the preceding 10 years, of

      • (i) a designated drug offence,

      • (ii) a designated criminal offence, or

      • (iii) an offence committed outside Canada that, if committed in Canada, would have constituted an offence referred to in subparagraph (i) or (ii).

  • SOR/2004-237, s. 4
  • SOR/2010-221, s. 2
  • SOR/2012-230, s. 16
  • SOR/2013-119, s. 205
  • SOR/2014-260, s. 26(F)
  • SOR/2016-230, s. 278
  • SOR/2018-147, s. 5
 
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