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

Regulations are current to 2022-11-16 and last amended on 2019-12-09. Previous Versions

Practitioners (continued)

Marginal note:Records — practitioner

  •  (1) A practitioner must keep the following records:

    • (a) the brand name or, if the targeted substance does not have a brand name, the specified name, the quantity and strength per unit of any targeted substance received from a licensed dealer, pharmacist or hospital and the date on which it is received;

    • (b) the name and address of the licensed dealer, pharmacist or hospital that sold or provided the targeted substance;

    • (c) if a transaction involves a quantity of targeted substance that exceeds five times the usual daily dose for the substance, the name and quantity of the substance prescribed, administered, sold, provided, sent, delivered or transported, the name and address of the recipient and the date of the transaction; and

    • (d) in the case of an emergency supply referred to in subsection 59(1), the name of the administering agent or mandatary, the location of the emergency supply, the name, quantity and strength per unit of each targeted substance, the date of all transactions related to that emergency supply and the name of any individual to whom the targeted substance was administered.

  • Marginal note:Records — agent or mandatary

    (2) In respect of the administration of a targeted substance from an emergency supply referred to in subsection 59(1), the agent or mandatary of the practitioner must keep the following records:

    • (a) the name, strength per unit and quantity of each targeted substance administered and the date on which it was administered;

    • (b) the name of the individual to whom the targeted substance was administered; and

    • (c) the name of the agent or mandatary of the practitioner who administered the targeted substance.

  • SOR/2010-223, s. 28
  • SOR/2018-69, s. 78(E)

Marginal note:Obligations — agents

  •  (1) An agent or mandatary of a practitioner of medicine referred to in subsection 59(1) must

    • (a) take reasonable steps to protect any targeted substance in their possession from loss and theft; and

    • (b) inform the practitioner without delay of any loss or theft of a targeted substance.

  • Marginal note:Obligations — practitioner of medicine

    (2) A practitioner of medicine who is informed by their agent or mandatary of the loss or theft of a targeted substance must inform the Minister in accordance with subsection 72(2).

Marginal note:Request for renunciation

 A practitioner who does not wish to receive or have possession of targeted substances may make a written request to the Minister to send to licensed dealers and pharmacies a notice issued under section 79 that states that

  • (a) recipients of the notice must not sell or provide any targeted substance to that practitioner; and

  • (b) pharmacists practising in the notified pharmacies must not fill a prescription or order for any targeted substance provided by that practitioner.

  • SOR/2010-223, s. 29(E)
  • SOR/2014-260, s. 36(F)

Hospitals

Marginal note:Authorization

  •  (1) A hospital may, in accordance with subsection (2) and sections 64 to 67, sell, provide, administer, send, deliver or transport a targeted substance.

  • Marginal note:Ordering targeted substances

    (2) No person may order a targeted substance on behalf of a hospital other than a pharmacist or practitioner practising in the hospital who is authorized by the person in charge of the hospital to order targeted substances for the hospital.

Marginal note:Provision or administration to a patient

 The person in charge of a hospital must not permit a targeted substance to be sold, provided or administered to a patient or animal under treatment as an in-patient or an out-patient of the hospital except pursuant to a prescription or other authorization of a practitioner practising in the hospital.

  • SOR/2014-260, s. 37(F)

Marginal note:Supply to non-patients

  •  (1) A pharmacist practising in a hospital or an individual who is authorized by the person in charge of a hospital to fill orders for targeted substances on behalf of the hospital may, on receipt of an order specifying the name, quantity and, if applicable, strength per unit of a targeted substance from any of the following persons, sell or provide the targeted substance to that person without a prescription:

    • (a) subject to subsection (2),

      • (i) a licensed dealer who

        • (A) sold or provided the substance, or

        • (B) is licensed to destroy targeted substances other than those that the licensed dealer produced, made, assembled, sold or provided,

      • (ii) a practitioner, if the practitioner states that the substance is required because of a delay or shortfall in an order for the substance placed with a licensed dealer or pharmacist,

      • (iii) a pharmacist, if the pharmacist states that the substance is required because of a delay or shortfall in an order for the substance placed with a licensed dealer, or

      • (iv) another hospital, if the order is placed by a pharmacist practising in the other hospital or a practitioner who is authorized to order the targeted substance on behalf of the other hospital and the order states that the substance is required because of a delay or shortfall in an order placed with a licensed dealer or a pharmacist;

    • (b) the Minister, if the order is a written order signed on the Minister’s behalf; and

    • (c) a person to whom an exemption with respect to the targeted substance has been granted under section 56 of the Act, if

      • (i) the person is an employee of or associated with the hospital, and

      • (ii) the order is a written order accompanied by a copy of the exemption.

  • Marginal note:Verbal orders

    (2) In the circumstances set out in paragraph (1)(a), if the order is verbal, the pharmacist practising in the hospital or the individual who is authorized by the person in charge of the hospital to fill orders for the targeted substance on behalf of the hospital must, before filling the order, record the following information:

    • (a) the date on which the order was received;

    • (b) the name and address of the person placing the order;

    • (c) the brand name of the targeted substance or, if the targeted substance does not have a brand name, the specified name;

    • (d) the quantity of the targeted substance ordered; and

    • (e) their name.

Marginal note:Information

 The person in charge of a hospital must record, or cause to be recorded, the following information:

  • (a) the brand name or, if the targeted substance does not have a brand name, the specified name, the quantity of any targeted substance received by the hospital and the date on which it was received;

  • (b) the name and address of the licensed dealer, pharmacist or other hospital that sold or provided the targeted substance;

  • (c) the name and quantity of the targeted substance sold, provided, administered, sent, delivered or transported, the name and address of the recipient and the date of the transaction; and

  • (d) the name and address of any out-patient to whom a targeted substance is sold or provided under section 64.

  • SOR/2010-223, s. 30

Marginal note:Closure

 If a targeted substance is stored in a hospital or the pharmacy department of a hospital and the hospital or department closes, the person in charge of the hospital must, not later than 10 days after the day of the closure, inform the Minister of the date of closure, the location to which the targeted substance was moved and the quantity of the targeted substance that was moved.

  • SOR/2010-223, s. 31(E)

Individuals

Marginal note:Importation — Canadian residents

  •  (1) An individual who is a resident of Canada may, at the time of the individual’s return to Canada from a foreign country, import a targeted substance that is in their possession at the time of entry if

    • (a) the substance has been obtained under a prescription and is labelled with the information set out in paragraphs 51(2)(a) to (g);

    • (b) the individual is importing the substance

      • (i) for their own use,

      • (ii) for the use of a person for whom the individual is responsible and who is travelling with them, or

      • (iii) for the use of an animal for which the individual is responsible and that is travelling with them;

    • (c) the substance is imported to meet the medical needs of the individual or animal for whose benefit it is prescribed;

    • (d) the substance is declared to a customs office at the port of entry into Canada at the time of import; and

    • (e) the quantity being imported does not exceed the lesser of

      • (i) a single course of treatment, and

      • (ii) a 90-day supply, based on the usual daily dose.

  • Marginal note:Importation — foreign residents

    (2) An individual who is a resident of a foreign country may, at the time that the individual enters Canada, import a targeted substance that is in their possession at the time of entry if

    • (a) the requirements set out in paragraphs (1)(a) to (d) are met; and

    • (b) the quantity imported is the least of

      • (i) the content of the container,

      • (ii) a 90-day supply, based on the usual daily dose, and

      • (iii) the usual daily dose multiplied by the number of days that the individual will stay in Canada.

Marginal note:Export

 An individual may, at the time of their departure from Canada, export a targeted substance that is in their possession at the time of departure if

  • (a) the substance has been obtained under a prescription and is labelled with the information set out in paragraphs 51(2)(a) to (g);

  • (b) the individual is exporting the substance

    • (i) for their own use,

    • (ii) for the use of a person for whom the individual is responsible and who is travelling with them, or

    • (iii) for the use of an animal for which the individual is responsible and that is travelling with them;

  • (c) the substance is required to meet the medical needs of the individual or animal for whose benefit it is prescribed; and

  • (d) the quantity exported does not exceed the lesser of

    • (i) a single course of treatment, and

    • (ii) a 90-day supply, based on the usual daily dose.

Verification of Identity

Marginal note:Order

 Every person who fills an order or prescription for a targeted substance must verify the identity of the person who gave the order or issued the prescription if

  • (a) the signature on the order or prescription is unknown to the person; or

  • (b) the order or prescription is verbal and the person placing it is not known to the person.

Storage

Marginal note:Place

 Subject to section 59, every person who is authorized under these Regulations to deal in a targeted substance and who stores the targeted substance must do so in the place used for the purpose of conducting their business or professional practice and in the area in that place where only authorized employees have access, except if the targeted substance is for their own use or the use of another person for whom, or an animal for which, they are responsible.

Security

Marginal note:Protective measures

  •  (1) The following persons must take any measures that are necessary to ensure the security of any targeted substance in their possession:

    • (a) a pharmacist;

    • (b) a practitioner;

    • (c) the person in charge of a hospital;

    • (d) a person to whom an exemption has been granted under section 56 of the Act; and

    • (e) 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.

  • Marginal note:Theft or loss

    (2) A person referred to in subsection (1) who becomes aware of a theft or loss of a targeted substance must provide a written report to the Minister within 10 days after becoming aware of the occurrence.

Destruction

Marginal note:Restriction

  •  (1) Subject to subsection (2) and sections 36 and 37, a person must not destroy a targeted substance unless they have received it in accordance with these Regulations for their own use or the use of another person for whom, or an animal for which, they are responsible.

  • Marginal note:Conditions

    (2) A pharmacist, a practitioner or the person in charge of a hospital may destroy a targeted substance if

    • (a) subject to subsection (3), the destruction is witnessed by a pharmacist or practitioner;

    • (b) the targeted substance is destroyed using a method that complies with all federal, provincial and municipal environmental protection legislation applicable to the place of destruction;

    • (c) they record the following information:

      • (i) the municipal address of the place of destruction,

      • (ii) the specified name of the targeted substance to be destroyed and, if applicable, the brand name of the product containing it or the name of the compound containing it,

      • (iii) the form and quantity of the targeted substance to be destroyed or the product or compound containing it and, if applicable, its strength per unit, the number of units per package and the number of packages,

      • (iv) the method of destruction, and

      • (v) the date of the destruction; and

    • (d) immediately following the destruction, the person who carried out the destruction and the pharmacist or practitioner who witnessed it sign and date a joint declaration attesting that the targeted substance was completely destroyed, to which each signatory must add their name in printed letters.

  • Marginal note:Exception — open ampule

    (3) A targeted substance that constitutes the remainder of an open ampule, the partial contents of which have been administered to a patient, may be destroyed by a hospital employee who is a licensed health professional without a witness.

 
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