Benzodiazepines and Other Targeted Substances Regulations (SOR/2000-217)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Controlled Drugs and Substances Act. (Loi)

adult

adult means an individual of 18 years of age or older. (adulte)

advertisement

advertisement, in respect of a targeted substance, includes any representation by any means for the purpose of promoting, directly or indirectly, the sale or other disposal of the targeted substance. (publicité)

common-law partner

common-law partner in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

competent authority

competent authority means a public authority of a foreign country that is authorized under the laws of the country to approve the importation or exportation of targeted substances into or from the country. (autorité compétente)

Department

Department[Repealed, SOR/2019-170, s. 1]

designated criminal offence

designated criminal offence means

• (a) an offence involving the financing of terrorism against any of sections 83.02 to 83.04 of the Criminal Code;

• (b) an offence involving fraud against any of sections 380 to 382 of the Criminal Code;

• (c) the offence of laundering proceeds of crime against section 462.31 of the Criminal Code;

• (d) an offence involving a criminal organization against any of sections 467.11 to 467.13 of the Criminal Code; or

• (e) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in any of paragraphs (a) to (d). (infraction désignée en matière criminelle)

designated drug offence

designated drug offence[Repealed, SOR/2019-170, s. 1]

destroy

destroy, in respect of a targeted substance, means to alter or denature it to such an extent that its consumption is rendered impossible or improbable. (destruction)

emergency medical service vehicle

emergency medical service vehicle means any conveyance authorized under the laws of a province to transport individuals to hospitals and on which emergency medical services are provided. (véhicule de service médical d’urgence)

export permit

export permit[Repealed, SOR/2019-170, s. 1]

hospital

hospital means a facility that

• (a) is licensed, approved or designated as a hospital by a province under the laws of the province to provide health care or treatment to persons or animals; or

• (b) is owned or operated by the government of Canada or of a province and that provides health services. (hôpital)

import permit

import permit[Repealed, SOR/2019-170, s. 1]

international obligation

international obligation means an obligation relative to a targeted substance set out in a convention, treaty or other multilateral or bilateral instrument that Canada has ratified or to which Canada adheres. (obligation internationale)

licensed dealer

licensed dealer means the holder of a licence issued under section 17.1. (distributeur autorisé)

midwife

midwife has the same meaning as in section 1 of the New Classes of Practitioners Regulations. (sage-femme)

nurse practitioner

nurse practitioner has the same meaning as in section 1 of the New Classes of Practitioners Regulations. (infirmier praticien)

package

package[Repealed, SOR/2019-170, s. 1]

pharmacist

pharmacist means a person who is entitled under the laws of a province to practise pharmacy and is practising pharmacy in that province. (pharmacien)

podiatrist

podiatrist has the same meaning as in section 1 of the New Classes of Practitioners Regulations. (podiatre)

prescription

prescription means an authorization given by a practitioner that a stated amount of a targeted substance be dispensed for the person named in it or the animal identified in it. (ordonnance)

qualified person in charge

qualified person in charge means the individual designated under subsection 15(1). (responsable qualifié)

Security Directive

Security Directive means the Directive on Physical Security Requirements for Controlled Substances and Drugs Containing Cannabis, as amended from time to time and published by the Government of Canada on its website. (Directive en matière de sécurité)

senior person in charge

senior person in charge means the individual designated under section 14. (responsable principal)

specified name

specified name means, in respect of a controlled substance included in Schedule 1,

• (a) the name specified in column 1 of an item of Schedule 2, but, if only the chemical name is specified, means the chemical name specified in column 2 of that item; or

• (b) if the controlled substance is not specified in Schedule 2, its chemical name and, if available, its common name. (nom spécifié)

targeted substance

targeted substance means

• (a) a controlled substance set out in Schedule 1; or

• (b) in respect of a midwife, nurse practitioner or podiatrist, a controlled substance set out in Schedule 1 that the midwife, nurse practitioner or podiatrist may prescribe, possess or conduct an activity with, in accordance with section 3 of the New Classes of Practitioners Regulations. (substance ciblée)

test kit

test kit means a kit

• (a) that contains a targeted substance and a reagent system or buffering agent;

• (b) that is used during the course of a chemical or analytical procedure to test for the presence or quantity of a targeted substance for a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose; and

• (c) the contents of which are not intended or likely to be consumed by, or administered to, a person or an animal. (nécessaire d’essai)

transhipment

transhipment[Repealed, SOR/2019-170, s. 1]

Non-application

Marginal note:Member of police force

2 A member of a police force or a person acting under their direction and control who, in respect of the conduct of the member or person, is exempt from the application of subsection 4(2) or section 5, 6 or 7 of the Act by virtue of the Controlled Drugs and Substances Act (Police Enforcement) Regulations is, in respect of that conduct, exempt from the application of these Regulations.

Possession

Marginal note:Authorized persons

• 3 (1) A person is authorized to possess a targeted substance set out in Part 2 of Schedule 1 if the person has obtained the targeted substance in accordance with these Regulations, in the course of activities conducted in connection with the administration or enforcement 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 targeted substance, and the person

  • (a) requires the targeted substance for their 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 they possess the targeted substance;

  • (b) is a practitioner who is registered and entitled to practise in a province other than the province in which they possess the targeted substance for emergency medical purposes only;

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

  • (d) has obtained the targeted substance for their own use or the use of another person for whom, or an animal for which, they are responsible

    • (i) from a practitioner, or

    • (ii) in accordance with a prescription that was not issued or obtained in contravention of these Regulations;

  • (e) is employed as an inspector, a member of the Royal Canadian Mounted Police, a police constable, a peace officer or a member of the technical or scientific staff of the Government of Canada, the government of a province or a university in Canada and their possession is in connection with that employment;

  • (f) is exempt under section 56 of the Act with respect to the possession of that targeted substance and their possession is for a purpose set out in the exemption;

  • (g) has imported the targeted substance in accordance with section 68 for their own use or the use of another person for whom, or an animal for which, they are responsible;

  • (h) is a person who, in accordance with a permit for transit or transhipment, is responsible for the targeted substance while it is in transit or in transhipment in Canada; or

  • (i) is the Minister.

• Marginal note:Agent or mandatary

  (2) A person is authorized to possess a targeted substance set out in Part 2 of Schedule 1 if the person is acting as the agent or mandatary of any person who is authorized to possess it in accordance with any of paragraphs (1)(a) to (d) and (f) to (h).

• Marginal note:Agent or mandatary — person referred to in paragraph (1)(e)

  (3) A person is authorized to possess a targeted substance set out in Part 2 of Schedule 1 if they

  • (a) are acting as the agent or mandatary of a person who they have reasonable grounds to believe is a person referred to in paragraph (1)(e); and

  • (b) possess the targeted substance for the purpose of assisting that person in the administration or enforcement of an Act or regulation.

• Marginal note:Export by individual

  (4) An individual may possess a targeted substance set out in Part 2 of Schedule 1 for the purpose of exporting that substance in accordance with section 69.

Test Kits

Marginal note:Authorized activities

4 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 6 or subsection 10(2) and has not been cancelled under subsection 9(1);

• (b) the test kit is labelled with

  • (i) the registration number, and

  • (ii) in the case of a test kit that is not subject to the labelling requirements of the Medical Devices Regulations,

    • (A) the name and address of the manufacturer or assembler or, if the test kit is manufactured or assembled in accordance with a custom order, the name and address of the person for whom the test kit was manufactured or assembled, and

    • (B) its brand name; and

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