Food and Drug Regulations

Marginal note:Notice by Minister

• G.04.004.2 (1) In the circumstances described in subsection (2), the Minister must send a notice to the persons and authorities specified in subsection (3) advising them that

  • (a) pharmacists practising in the notified pharmacies and licensed dealers must not sell or provide to the practitioner named in the notice a controlled drug other than a preparation or a preparation;

  • (b) pharmacists practising in the notified pharmacies must not fill a prescription or order from the practitioner named in the notice for a controlled drug other than a preparation or a preparation; or

  • (c) the prohibitions in both paragraphs (a) and (b) apply with respect to the practitioner named in the notice.

• Marginal note:Circumstances requiring a notice

  (2) The notice must be sent if the practitioner named in the notice has

  • (a) made a request to the Minister in accordance with section G.04.004.1 to send the notice;

  • (b) contravened a rule of conduct established by the provincial professional licensing authority of the province in which the practitioner is practising and the authority has requested the Minister in writing to issue the notice; or

  • (c) been convicted of a designated substance offence or of a contravention of this Part.

• Marginal note:Recipients

  (3) The notice must be sent to

  • (a) all licensed dealers;

  • (b) all pharmacies within the province in which the practitioner named in the notice is registeredand entitled to practice and is practising;

  • (c) the provincial professional licensing authority of the province in which the practitioner named in the notice is registered and entitled to practise;

  • (d) all pharmacies in an adjacent province in which a prescription or order from the practitioner named in the notice may be filled; and

  • (e) any provincial professional licensing authority in another province that has requested the Minister in writing to send the notice; and

• Marginal note:Other circumstances

  (4) The Minister may send the notice described in subsection (1) to the persons and authorities specified in subsection (3) if the Minister has taken the measures specified in subsection (5) and has reasonable grounds to believe that the practitioner named in the notice

  • (a) has contravened a provision of the Act or this Part;

  • (b) has, on more than one occasion, self-administered a controlled drug, other than a preparation, under a self-directed prescription or order or, in the absence of a prescription or order, contrary to accepted professional practice;

  • (c) has, on more than one occasion, self-administered a preparation, under a self-directed prescription or order or, in the absence of a prescription or order, contrary to accepted professional practice;

  • (d) has, on more than one occasion, prescribed, provided or administered a controlled drug, other than a preparation, to a person who is a spouse, common-law partner, parent or child of the practitioner, including a child adopted in fact, contrary to accepted professional practice;

  • (e) has, on more than one occasion, prescribed, provided or administered a preparation to a person who is a spouse, common-law partner, parent or child of the practitioner, including a child adopted in fact, contrary to accepted professional; or

  • (f) is unable to account for the quantity of controlled drug for which the practitioner was responsible under this Part.

• Marginal note:Measures before sending notice

  (5) The measures that must be taken before sending the notice are that the Minister has

  • (a) consulted with the provincial professional licensing authority of the province in which the practitioner to whom the notice relates is registered and entitled to practise;

  • (b) given that practitioner an opportunity to be heard

  • (c) considered

    • (i) the compliance history of the practitioner in respect of the Act and its regulations, and

    • (ii) whether the actions of the practitioner pose a risk to public health or safety, including the risk of the controlled drug being diverted to an illicit market or use.