Controlled Substances Regulations (SOR/2025-242)

Marginal note:Sale to practitioner

• The following provision is not in force.

  160 (1) A hospital may sell or provide a controlled substance, other than a restricted drug, to a practitioner, other than one who is practising in a hospital, if

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    (a) the sale or provision is in the case of an emergency; and

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    (b) the hospital first receives from the practitioner either a written order that is signed and dated and that contains the following information or a verbal order:

    • (i) with respect to the practitioner, their name and the name and municipal address of the place where they practise,

    • (ii) with respect to the hospital, its name and municipal address,

    • (iii) the date of the order,

    • (iv) in the case of a controlled substance set out any of Schedules 1 to 3, its name, form and quantity,

    • (v) in the case of a finished product,

      • (A) its name or, if applicable, brand name,

      • (B) its form, strength and quantity, and

      • (C) its drug identification number, if any, and

    • (vi) a declaration from the practitioner that they require the controlled substance for emergency purposes.

• The following provision is not in force.

  Marginal note:Exception — prohibition

  (2) A hospital must not sell or provide to the practitioner a controlled substance that is the subject of a prohibition on the practitioner’s professional practice imposed by the provincial professional regulatory authority.

Marginal note:Sale to another hospital

• The following provision is not in force.

  161 (1) Subject to subsection (2), a hospital may, in the case of an emergency, sell or provide a controlled substance, other than a restricted drug, to another hospital if the hospital first receives from the other hospital a written order that is signed and dated by a person permitted to place an order on the other hospital’s behalf and that contains the following information or a verbal order from such a person:

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    (a) with respect to the other hospital placing the order, its name and municipal address, as well as the name and title of the person placing the order;

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    (b) with respect to the hospital selling or providing the controlled substance, its name and municipal address;

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    (c) the date of the order;

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    (d) in the case of a controlled substance set out in any of Schedules 1 to 3, its name, form and quantity;

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    (e) in the case of a finished product,

    • (i) its name or, if applicable, brand name,

    • (ii) its form, strength and quantity, and

    • (iii) its drug identification number, if any; and

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    (f) a declaration from the person placing the order that the other hospital requires the controlled substance for emergency purposes.

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  Marginal note:No emergency

  (2) A hospital may, in circumstances other than an emergency, sell or provide a controlled substance, other than a restricted drug, to another hospital if the hospital is ceasing its operations and if the hospital first receives from the other hospital a written order that is signed and dated by a person permitted to place an order on the other hospital’s behalf and that contains the following information:

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    (a) with respect to the other hospital placing the order, its name and municipal address, as well as the name and title of the person placing the order;

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    (b) with respect to the hospital selling or providing the controlled substance, its name and municipal address;

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    (c) the date of the order;

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    (d) in the case of a controlled substance set out in any of Schedules 1 to 3, its name, form and quantity; and

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    (e) in the case of a finished product,

    • (i) its name or, if applicable, brand name,

    • (ii) its form, strength and quantity, and

    • (iii) its drug identification number, if any.

Marginal note:Sale to Minister

162 A hospital may sell or provide a controlled substance to the Minister if the hospital first receives from the Minister a written order that is signed and dated on the Minister’s behalf and that contains the following information:

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  (a) with respect to the individual signing the order, their name and, if applicable, title, as well as the municipal address of the place where the controlled substance is to be delivered, sent or transported;

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  (b) with respect to the hospital, its name and municipal address;

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  (c) the date of the order;

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  (d) in the case of a controlled substance set out in any of Schedules 1 to 3, its name, form and quantity; and

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  (e) in the case of a finished product,

  • (i) its name or, if applicable, brand name,

  • (ii) its form, strength and quantity, and

  • (iii) its drug identification number, if any.

Marginal note:Sale to individual

163 A hospital may sell or provide a controlled substance, other than a restricted drug, to an individual if

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  (a) the sale or provision is for the individual’s own use, for the use of another individual or for an animal; and

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  (b) a practitioner first issues a written or verbal prescription for the individual for whom, or the animal for which, the controlled substance is sold or provided.

Marginal note:Condition

164 A hospital may administer a controlled substance, other than a restricted drug, to an individual or animal if a practitioner first issues a written or verbal prescription.

Marginal note:Orders and prescriptions

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  165 (1) A hospital may compound a finished product, other than one containing a restricted drug, if it is for the purpose of fulfilling a prescription and,

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    (a) if the finished product is compounded at the request of a practitioner, that practitioner first issues a written or verbal prescription; or

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    (b) if the finished product is compounded at the request of one of the following persons, in the case of an emergency, the hospital first receives from that person either a written order that is signed and dated and that contains the information set out in subsection (2) or a verbal order:

    • (i) a pharmacist who is not practising in that hospital or another hospital,

    • (ii) a practitioner who is not practising in that hospital or another hospital, or

    • (iii) another hospital, if the order is placed by a person permitted to place an order on its behalf.

• The following provision is not in force.

  Marginal note:Written orders

  (2) The information that must be contained in the written order is the following:

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    (a) with respect to the person placing the order,

    • (i) if they are a pharmacist, their name and the name and municipal address of the place where they practise,

    • (ii) if they are a practitioner, their name and the name and municipal address of the place where they practise, and

    • (iii) if it is another hospital, its name and municipal address, as well as the name of the person permitted to place the order on its behalf;

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    (b) with respect to the hospital receiving the order, its name and municipal address;

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    (c) the date of the order;

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    (d) with respect to the finished product,

    • (i) its name, and

    • (ii) its form, strength and quantity; and

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    (e) a declaration that they require the finished product for emergency purposes or, in the case of another hospital, a declaration from the person placing the order that the other hospital requires the finished product for emergency purposes.

Marginal note:Sale and compounding

166 A hospital that sells or provides a controlled substance or that compounds a finished product may, before the sale, provision or compounding, substitute a controlled substance for another controlled substance identified in a prescription, if it is authorized to do so under the laws of the province where the sale, provision or compounding takes place.

Marginal note:Orders

167 A hospital that receives an order from a person for a controlled substance must verify the person’s name and, if applicable, their title as well as their signature if it is not known to the hospital.

Marginal note:Receipt of substance from individual

168 A hospital that receives a controlled substance from an individual for the purposes of destruction must keep the substance in a collection container that is in a secure location to which only persons whom it has authorized have access and that is marked in a manner that is sufficient to identify the container.

Marginal note:Authorized access

169 A hospital that stores a controlled substance must ensure that

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  (a) the controlled substance is stored in a secure location in the hospital; and

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  (b) only persons whom it has authorized have access to that secure location.

Marginal note:Authorization

170 A hospital may deliver, send or transport a controlled substance.

Marginal note:Requirements during transportation

171 A hospital that delivers, sends or transports a controlled substance to another person may only do so if it

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  (a) ensures that, if the controlled substance is being delivered, sent or transported to a licensed dealer specialized in destruction, the substance is placed in a container that is sealed in such a manner that it cannot be opened without breaking the seal and is marked in a manner that is sufficient to identify the container;

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  (b) takes all reasonable measures to ensure the security of the controlled substance while it is being delivered, sent or transported; and

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  (c) uses a method of delivery, sending or transportation that ensures the tracking of the controlled substance until the consignee receives it.

Marginal note:Protective measures

172 A hospital must take all reasonable measures to ensure the security of any controlled substance in its possession.

Marginal note:Loss or theft — agent or mandatary

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  173 (1) If an agent or mandatary of a hospital becomes aware of a loss or theft of a controlled substance, the agent or mandatary must notify the hospital immediately.

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  Marginal note:Written report

  (2) If a hospital becomes aware of a loss or theft of a controlled substance, or is notified by an agent or mandatary of such a loss or theft, the hospital must provide a written report to the Minister within 10 days after the day on which it becomes aware of the loss or theft or is notified.

• The following provision is not in force.

  Marginal note:Partial protection against self-incrimination

  (3) The report, or any evidence derived from it, is not to be used or received to incriminate the hospital or its agent or mandatary in any criminal proceeding against them other than a prosecution under section 132, 136 or 137 of the Criminal Code.

Marginal note:Conditions

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  174 (1) The destruction of a controlled substance in a hospital may only be carried out, subject to subsection (2), by the person in charge of the hospital, a pharmacist, a pharmacy technician or a practitioner and if the following conditions are met:

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    (a) the destruction is witnessed by another person among the following:

    • (i) a pharmacist, pharmacy technician or intern,

    • (ii) a practitioner,

    • (iii) any other health professional, or

    • (iv) the person in charge of the hospital;

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    (b) the destruction is carried out in accordance with a method that complies with all federal, provincial and municipal environmental protection legislation applicable to the place of destruction; and

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    (c) immediately following the destruction, the person who carried out the destruction and the witness sign and date a joint declaration attesting that the controlled substance was destroyed, to which each signatory must add their name in printed letters.

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  Marginal note:Exception — open ampule

  (2) A health professional may, without a witness, destroy the remainder of a controlled substance, other than a restricted drug, that is contained in an open ampule and that will not be administered.

• The following provision is not in force.

  Marginal note:Substance returned by individual

  (3) A hospital must, if the destruction of a controlled substance previously returned by an individual for the purposes of destruction was not carried out, sell or provide the substance to a licensed dealer specialized in destruction.