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Food and Drug Regulations (C.R.C., c. 870)

Regulations are current to 2022-09-11 and last amended on 2022-07-21. Previous Versions

PART GControlled Drugs (continued)

DIVISION 1General (continued)

Test Kits

Marginal note:Authorized activities

 A person may sell, possess or otherwise deal in a test kit if the following conditions are met:

  • (a) a registration number has been issued for the test kit under section G.01.008 and has not been cancelled under section G.01.009;

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

    • (i) the name of the manufacturer,

    • (ii) the trade name or trademark, and

    • (iii) the registration number; and

  • (c) the test kit will be used for a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose.

Marginal note:Application for registration number

  •  (1) The manufacturer of a test kit may obtain a registration number for it by submitting to the Minister an application containing

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

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

    • (c) a description of the proposed use of the test kit.

  • Marginal note:Signature and attestation

    (2) The application must

    • (a) be signed and dated by the person authorized by the applicant for that purpose; and

    • (b) include an attestation by that person that all of the information submitted in support of the application is correct and complete to the best of their knowledge.

  • Marginal note:Additional information or document

    (3) The applicant 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:Issuance of registration number

 On completion of the review of the application for a registration number, the Minister must issue a registration number for the test kit, preceded by the letters “TK”, if the Minister determines that the test kit will only be used for a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose and that it contains

  • (a) a controlled drug and an adulterating or denaturing agent that are combined in such a manner and in such a quantity, proportion or concentration that the preparation or mixture has no significant drug abuse potential; or

  • (b) such small quantities or concentrations of any controlled drug as to have no significant drug abuse potential.

Marginal note:Cancellation of registration number

 The Minister must cancel the registration number for a test kit if

  • (a) the test kit is removed from the market by the manufacturer;

  • (b) the Minister has reasonable grounds to believe that the test kit is used or is likely to be used for any purpose other than a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose; or

  • (c) the Minister has reasonable grounds to believe that the cancellation is necessary to protect public health or safety, including to prevent a controlled drug from being diverted to an illicit market or use.

 [Repealed, SOR/2019-171, s. 1]

DIVISION 2Licensed Dealers

Authorized Activities

Marginal note:General

  •  (1) A licensed dealer may produce, assemble, sell, provide, transport, send, deliver, import or export a controlled drug if they comply with this Part and the terms and conditions of their dealer’s licence and any permit issued under this Part.

  • Marginal note:Qualified person in charge present

    (2) A licensed dealer may conduct an activity in relation to a controlled drug at their site only if the qualified person in charge or an alternate qualified person in charge is present at the site.

  • Marginal note:Permit — import and export

    (3) A licensed dealer must obtain a permit to import or export a controlled drug.

  • Marginal note:Possession for export

    (4) A licensed dealer may possess a controlled drug for the purpose of exporting it if they have obtained it in accordance with this Part.

 [Repealed, SOR/2019-171, s. 1]

 [Repealed, SOR/2019-171, s. 1]

Dealer’s Licences

Preliminary Requirements

Marginal note:Eligible persons

 The following persons may apply for a dealer’s licence:

  • (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 controlled drugs on behalf of the Government of Canada, the government of a province, a police force, a hospital or a university in Canada.

 [Repealed, SOR/2019-171, s. 1]

Marginal note:Senior person in charge

 An applicant for a dealer’s licence must designate only one individual as the senior person in charge, who has overall responsibility for management of the activities with respect to controlled drugs that are specified in the licence application. The applicant may designate themself if the applicant is an individual.

  • SOR/2004-238, s. 4
  • SOR/2010-222, s. 2
  • SOR/2012-230, s. 8
  • SOR/2014-260, ss. 1, 16(F)
  • SOR/2019-171, s. 1

 [Repealed, SOR/2019-171, s. 1]

 [Repealed, SOR/2019-171, s. 1]

 [Repealed, SOR/2019-171, s. 1]

 [Repealed, SOR/2019-171, s. 1]

 [Repealed, SOR/2019-171, s. 1]

 [Repealed, SOR/2019-171, s. 1]

 [Repealed, SOR/2019-171, s. 1]

 [Repealed, SOR/2019-171, s. 1]

 [Repealed, SOR/2019-171, s. 1]

 [Repealed, SOR/2019-171, s. 1]

Marginal note:Qualified person in charge

  •  (1) An applicant for a dealer’s licence must designate only one individual as the qualified person in charge, who is responsible for supervising the activities with respect to controlled drugs that are specified in the licence application and for ensuring that those activities comply with this Part. The applicant may designate themself if the applicant is an individual.

  • Marginal note:Alternate qualified person in charge

    (2) An applicant for a dealer’s licence may designate an individual as an alternate qualified person in charge, who is authorized to replace the qualified person in charge when that person is absent. The applicant may designate themself if the applicant is an individual.

  • Marginal note:Qualifications

    (3) Only an individual who meets the following requirements may be designated as a qualified person in charge or an alternate qualified person in charge:

    • (a) they work at the site specified in the dealer’s licence;

    • (b) they

      • (i) are a person entitled or, if applicable, registered and entitled by a provincial professional licensing authority or a professional association in Canada and entitled to practise a profession that is relevant to their duties, such as pharmacist, practitioner, pharmacy technician or laboratory technician,

      • (ii) hold a diploma, certificate or credential awarded by a post-secondary educational institution in Canada in a field or occupation that is relevant to their duties, such as pharmacy, medicine, dentistry, veterinary medicine, pharmacology, chemistry, biology, pharmacy technician, laboratory technician, pharmaceutical regulatory affairs or supply chain management or security, or

      • (iii) hold a diploma, certificate or credential that is awarded by a foreign educational institution in a field or occupation referred to in subparagraph (ii) and hold

        • (A) an equivalency assessment as defined in subsection 73(1) of the Immigration and Refugee Protection Regulations, or

        • (B) an equivalency assessment issued by an organization or institution that is responsible for issuing equivalency assessments and is recognized by a province;

    • (c) they have sufficient knowledge of and experience with the use and handling of the controlled drugs specified in the dealer’s licence to properly carry out their duties; and

    • (d) they have sufficient knowledge of the provisions of the Act and this Part that are applicable to the activities specified in the dealer’s licence to properly carry out their duties.

  • Marginal note:Exception

    (4) An applicant for a dealer’s licence may designate an individual who does not meet any of the requirements of paragraph (3)(b) as a qualified person in charge or an alternate qualified person in charge if

    • (a) no other individual working at the site meets those requirements;

    • (b) those requirements are not necessary for the activities specified in the licence; and

    • (c) the individual has sufficient knowledge — acquired from a combination of education, training or work experience — to properly carry out their duties.

Marginal note:Ineligibility

 An individual is not eligible to be a senior person in charge, a qualified person in charge or an alternate qualified person in charge if, during the 10 years before the day on which the dealer’s licence application is submitted,

  • (a) in respect of a designated substance offence or a designated criminal offence or a designated offence as defined in subsection 2(1) of the Cannabis Act, the individual

    • (i) was convicted as an adult, or

    • (ii) was a young person who received an adult sentence, as those terms are defined in subsection 2(1) of the Youth Criminal Justice Act; or

  • (b) in respect of an offence committed outside Canada that, if committed in Canada, would have constituted a designated substance offence or a designated criminal offence or a designated offence as defined in subsection 2(1) of the Cannabis Act,

    • (i) the individual was convicted as an adult, or

    • (ii) if they committed the offence when they were at least 14 years old but less than 18 years old, the person received a sentence that was longer than the maximum youth sentence, as that term is defined in subsection 2(1) of the Youth Criminal Justice Act, that could have been imposed under that Act for such an offence.

Issuance of Licence

Marginal note:Application

  •  (1) A person who intends to conduct an activity referred to in section G.02.001 must obtain a dealer’s licence for each site at which they intend to conduct activities by submitting an application to the Minister that contains the following information:

    • (a) if the licence is requested by

      • (i) an individual, the individual’s name,

      • (ii) a corporation, its corporate name and any other name registered with a province, under which it intends to conduct the activities specified in its dealer’s licence or by which it intends to identify itself, and

      • (iii) the holder of a position described in paragraph G.02.002(c), the applicant’s name and the title of the position;

    • (b) the municipal address, telephone number and, if applicable, the email address of the proposed site and, if different from the municipal address, its mailing address;

    • (c) the name, date of birth, telephone number and email address of the proposed senior person in charge;

    • (d) with respect to each of the proposed qualified person in charge and any proposed alternate qualified person in charge,

      • (i) their name, date of birth, telephone number and email address,

      • (ii) the title of their position at the site,

      • (iii) the name and title of the position of their immediate supervisor at the site,

      • (iv) if applicable, their profession they practise that is relevant to their duties, the name of the province that authorizes them to practise it and their authorization number, and

      • (v) their education, training and work experience that are relevant to their duties;

    • (e) the activities that are to be conducted and the controlled drugs in respect of which each of the activities is to be conducted;

    • (f) if the licence is requested to manufacture or assemble a product or compound that contains a controlled drug, other than a test kit, a list that includes, for each product or compound,

      • (i) the brand name of the product or the name of the compound,

      • (ii) the drug identification number that is assigned to the product under section C.01.014.2, if any,

      • (iii) the name of the controlled drug in the product or compound,

      • (iv) the strength per unit of the controlled drug in it, the number of units per package and the number of packages,

      • (v) if it is to be manufactured or assembled by or for another licensed dealer under a custom order, the name, municipal address and dealer’s licence number of the other licensed dealer, and

      • (vi) if the applicant’s name appears on the label of the product or compound, a copy of the inner label;

    • (g) if the licence is requested in order to produce a controlled drug other than a product or compound that contains a controlled drug,

      • (i) the name of the controlled drug,

      • (ii) the quantity that the applicant expects to produce under their licence and the period during which that quantity would be produced, and

      • (iii) if it is to be produced for another licensed dealer under a custom order, the name, municipal address and licence number of the other licensed dealer;

    • (h) if the licence is requested for an activity that is not described in paragraph (f) or (g), the name of the controlled drug for which the activity is to be conducted and the purpose of the activity;

    • (i) a detailed description of the security measures in place at the site, determined in accordance with the Security Directive; and

    • (j) a detailed description of the method for recording information that the applicant proposes to use for the purpose of section G.02.071.

  • Marginal note:Documents

    (2) An application for a dealer’s licence must be accompanied by the following documents:

    • (a) if the applicant is a corporation, a copy of

      • (i) the certificate of incorporation or other constituting instrument, and

      • (ii) any document filed with the province in which its site is located that states its corporate name and any other name registered with the province under which the applicant intends to conduct the activities specified in its dealer’s licence or by which it intends to identify itself;

    • (b) individual declarations signed and dated by each of the proposed senior person in charge, and qualified person in charge and any proposed alternate qualified person in charge, attesting that the person is not ineligible for a reason specified in section G.02.005;

    • (c) a document issued by a Canadian police force in relation to each person referred to in paragraph (b), indicating whether, during the 10 years before the day on which the application is submitted, the person was convicted as specified in subparagraph G.02.005(a)(i) or received a sentence as specified in subparagraph G.02.005(a)(ii);

    • (d) if any of the persons referred to in paragraph (b) has ordinarily resided in a country other than Canada during the 10 years before the day on which the application is submitted, a document issued by a police force of that country indicating whether in that period that person was convicted as specified in subparagraph G.02.005(b)(i) or received a sentence as specified in subparagraph G.02.005(b)(ii);

    • (e) declaration, signed and dated by the proposed senior person in charge, attesting that the proposed qualified person in charge and any proposed alternate qualified person in charge have the knowledge and experience required under paragraphs G.02.004(3)(c) and (d); and

    • (f) if the proposed qualified person in charge or any proposed alternate qualified person in charge does not meet the requirement of subparagraph G.02.004(3)(b)(i), either

      • (i) a copy of the person’s diploma, certificate or credential referred to in subparagraph G.02.004(3)(b)(ii) or (iii), or

      • (ii) a detailed description of the education, training and work experience that is required under paragraph G.02.004(4)(c), together with supporting evidence, such as a copy of a course transcript or an attestation by the person who provided the training.

  • Marginal note:Signature and attestation

    (3) The application must

    • (a) be signed and dated by the proposed senior person in charge; and

    • (b) include an attestation by that person that

      • (i) all information and documents submitted in support of the application are correct and complete to the best of their knowledge, and

      • (ii) they have the authority to bind the applicant.

  • Marginal note:Additional information and documents

    (4) The applicant 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.

 
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