Skip all menusSkip first menu   Department of Justice Canada / Ministère de la Justice CanadaGovernment of Canada
   
Français Contact us Help Search Canada Site
Justice Home Site Map Programs Proactive Disclosure Laws
Laws
Updates to Justice Laws Web Site Notice
Main Page
Glossary
Important Note
How to link
Printing Problems?
Easy Links
Constitution
Charter
Guide to Making Federal Acts and Regulations
Statutes by Title
Statutes by Subject
Advanced Search
Templates for advanced searching
Case Law
Federal and Provincial Case Law
Other
Table of Public Statutes and Responsible Ministers
Table of Private Acts
Index of Statutory Instruments
  Consolidated Statutes and Regulations
Enabling statute: Food and Drugs Act
    Food and Drug Regulations
      PART G: CONTROLLED DRUGS
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/F-27/C.R.C.-c.870/238399.html
Regulation current to September 15, 2006

[Previous]


Division 3

Pharmacists

G.03.001. (1) A pharmacist, on receipt of a controlled drug from a licensed dealer, shall keep a record of the name and quantity of the controlled drug received by them, the name and address of the person who sold or provided it and the date it was received.

(2) The record of information referred to in subsection (1) shall be kept

(a) in a manner that permits an audit to be made; and

(b) subject to subsection (3), in a book, register or similar record maintained exclusively for controlled drugs.

(3) The record of information referred to in subsection (1) may, with respect to a controlled drug listed in Part II or III of the schedule to this Part, be kept in a form other than that specified in paragraph (2)(b).

SOR/78-427, s. 5; SOR/85-550, s. 4; SOR/86-91, s. 2(F); SOR/90-261, s. 3(F); SOR/97-228, s. 12; SOR/2004-238, s. 13.

G.03.002. No pharmacist shall, except as otherwise provided in this Part, sell or provide a controlled drug to any person unless the pharmacist has first been provided with a prescription for it, and

(a) if the prescription is in writing, it has been signed and dated by the practitioner issuing the same and the signature of the practitioner where not known to the pharmacist, has been verified by him; or

(b) if the prescription is given verbally, the pharmacist has taken reasonable precaution to satisfy himself that the person giving the prescription is a practitioner.

SOR/2004-238, s. 14.

G.03.002.1. Subject to section G.03.002.2 and notwithstanding sections G.03.002, G.03.003 and G.03.005, no pharmacist shall

(a) sell or provide a controlled drug, other than a preparation, to a pharmacist named in a notice given by the Minister under section G.03.017.2;

(b) sell or provide a preparation to a pharmacist named in a notice given by the Minister under section G.03.017.2;

(c) dispense, sell or provide a controlled drug, other than a preparation, to, or pursuant to a prescription or order given by, a practitioner named in a notice given by the Minister under section G.04.004.2; or

(d) dispense, sell or provide a preparation to a practitioner or pursuant to a prescription or order given by a practitioner named in a notice given by the Minister under section G.04.004.2.

SOR/2003-135, ss. 7, 8; SOR/2004-238, s. 15.

G.03.002.2. Section G.03.002.1 does not apply to a pharmacist to whom the Minister has issued a notice of retraction of the notice

(a) under section G.03.017.3, in respect of a pharmacist named in a notice issued by the Minister under section G.03.017.2; or

(b) under section G.04.004.3, in respect of a practitioner named in a notice issued by the Minister under section G.04.004.2.

SOR/2003-135, s. 4.

G.03.003. A pharmacist may sell or provide a controlled drug to a practitioner for use in their practice

(a) upon a written order, signed and dated by that practitioner, that has been verified if the signature of the practitioner is unknown to the pharmacist; or

(b) upon a verbal order specifying the name and quantity of the drug if the pharmacist has taken reasonable precautions to satisfy themself that the person making the order is a practitioner.

SOR/85-550, s. 5; SOR/2004-238, s. 16.

G.03.004. A pharmacist shall, in respect of controlled drugs sold or provided to a practitioner under section G.03.003, keep in a special prescription file a record showing the date, the name and address of the practitioner, and the quantity and kind of controlled drug sold or provided.

SOR/2004-238, s. 17.

G.03.005. A pharmacist may provide a controlled drug to a hospital employee or to a practitioner in a hospital on receipt of a written order signed and dated by the pharmacist in charge of the dispensary of the hospital or by a practitioner authorized by the person in charge of the hospital to sign the order, if the signature of that pharmacist or practitioner is known to the pharmacist or, if unknown, has been verified.

SOR/85-550, s. 6; SOR/2004-238, s. 18(E).

G.03.006. A pharmacist shall not refill a prescription for a controlled drug unless

(a) the practitioner, at the time that he issued the prescription, directed in writing, in the case of a controlled drug listed in Part I of the schedule to this Part, or directed in writing or orally, in the case of a controlled drug listed in Part II or III of the schedule to this Part, that the prescription be refilled, the number of times that it may be refilled and the dates for or the intervals between refills; and

(b) the pharmacist keeps a record of each refilling of a prescription.

SOR/78-427, s. 6; SOR/97-228, s. 13.

G.03.007 A pharmacist who dispenses, pursuant to an order or prescription, a controlled drug listed in Part I of the schedule to this Part, other than a preparation, shall forthwith enter in a book, register or similar record maintained for such purposes

(a) the name and address of the person named in the order or prescription;

(b) the name, initials and address of the practitioner who issued the order or prescription;

(c) the name or initials of the pharmacist who dispensed the controlled drug;

(d) the name, quantity and form of the controlled drug dispensed;

(e) the date on which the controlled drug was sold or provided; and

(f) the number assigned to the order or prescription.

SOR/78-427, s. 7; SOR/81-359, s. 1(F); SOR/97-228, s. 14; SOR/2004-238; s. 19.

G.03.008. A pharmacist shall, before dispensing a controlled drug pursuant to a prescription given orally or a verbal order, make a written record thereof, setting forth,

(a) the name and address of the person named in the prescription;

(b) the name, quantity and form of such controlled drug;

(c) the directions for use given therewith;

(d) the name, initials and address of the practitioner who issued the prescription;

(e) the name or initials of the pharmacist who dispensed such controlled drug;

(f) the date on which the controlled drug was sold or provided; and

(g) the number assigned to the prescription.

SOR/85-550, s. 7; SOR/2004-238, s. 20.

G.03.009. A pharmacist shall maintain a special prescription file in which shall be filed in sequence as to date and number all written orders or prescriptions in writing for controlled drugs dispensed and the written record of all controlled drugs dispensed pursuant to a prescription or order verbally given.

G.03.010. A pharmacist shall retain in his possession for a period of at least two years, any records which he is required to keep by this Part.

G.03.011. A pharmacist shall

(a) furnish such information respecting the dealings of the pharmacist in any controlled drug in such form and at such times as the Minister may require;

(b) make available and produce to an inspector upon request his special prescription file together with any books, records or documents which he is required to keep;

(c) permit an inspector to make copies of or to take extracts from such files, books, records or documents; and

(d) permit an inspector to check all stocks of controlled drugs on his premises.

G.03.012. A pharmacist shall take all reasonable steps that are necessary to protect controlled drugs on his premises or under his control against loss or theft.

SOR/85-550, s. 8.

G.03.013. A pharmacist shall report to the Minister any loss or theft of a controlled drug within 10 days of his discovery thereof.

G.03.014. A pharmacist may, upon receiving a written order for a controlled drug signed and dated by

(a) the licensed dealer who sold or provided that drug to them, return that drug to that dealer;

(b) another pharmacist, sell or provide any quantity of that drug to that other pharmacist that is specified in the order as being required for emergency purposes;

(c) a Regional Director of the Department, sell or provide to or in accordance with the order of that Director any quantity of that drug, specified in the order, that is required by the Director in connection with their duties; and

(d) a person exempted under section 56 of the Controlled Drugs and Substances Act with respect to that controlled drug, sell or provide to that person any quantity of that drug that is specified in the order.

SOR/81-359, s. 2; SOR/85-550, s. 9; SOR/99-125, s. 3; SOR/2004-238, s. 21.

G.03.015. A pharmacist shall immediately after receiving, selling or providing a controlled drug under paragraph G.03.014(b) or (c) or subsection G.05.003(4) enter the details of the transaction in a book, register or other record maintained for the purpose of recording such transactions.

SOR/85-550, s. 10; SOR/2004-238, s. 22.

G.03.016. A pharmacist shall forthwith after removing, transporting or transferring a controlled drug from his place of business to any other place of business operated by him notify the Minister, setting out the details.

G.03.017. The Minister shall provide in writing any factual information about a pharmacist that has been obtained under the Act or these Regulations to the licensing authority responsible for the registration or authorization of the person to practise their profession

(a) in the province in which the pharmacist is registered or entitled to practise if

(i) the authority submits a written request that states the name and address of the pharmacist, a description of the information being sought and a statement that the information is required for the purpose of assisting a lawful investigation by the authority, or

(ii) the Minister has reasonable grounds to believe that the pharmacist has

(A) contravened a rule of conduct established by the authority,

(B) been found guilty in a court of law of a designated drug offence or of a contravention of this Part, or

(C) contravened a provision of this Part; or

(b) in a province in which the pharmacist is not registered or entitled to practise, if the authority submits to the Minister

(i) a written request for information that states

(A) the name and address of the pharmacist, and

(B) a description of the information being sought, and

(ii) documentation that shows that the pharmacist has applied to that authority to practise in that province.

SOR/86-881, s. 1; SOR/97-228, s. 15; SOR/2003-135, s. 5.

G.03.017.1. A pharmacist may make a written request to the Minister to send to the persons and authorities specified in subsection G.03.017.2(3) a notice, issued under section G.03.017.2, advising them that recipients of the notice must not sell or provide a controlled drug other than a preparation, a preparation, or both, to that pharmacist.

SOR/2003-135, s. 5.

G.03.017.2. (1) In the circumstances described in subsection (2), the Minister must issue a notice to the persons and authorities specified in subsection (3) advising them that licensed dealers and pharmacists practising in the notified pharmacies must not sell or provide to the pharmacist named in the notice a controlled drug other than a preparation, a preparation, or both.

(2) The notice must be issued if the pharmacist named in the notice has

(a) made a request to the Minister in accordance with section G.03.017.1 to issue the notice;

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

(c) been found guilty in a court of law of a designated drug offence or of an offence under this Part.

(3) The notice must be issued to

(a) all licensed dealers;

(b) all pharmacies within the province in which the pharmacist named in the notice is registered and practising;

(c) the licensing authority of the province in which the pharmacist named in the notice is registered or entitled to practise; and

(d) any interested licensing authority in another province that has made a request to the Minister to issue the notice.

(4) Subject to subsection (5), the Minister may issue the notice described in subsection (1) to the persons and authorities specified in subsection (3), if the Minister, on reasonable grounds, believes that the pharmacist named in the notice

(a) has contravened any of the provisions of sections G.03.001 to G.03.016;

(b) has, on more than one occasion, self-administered a controlled drug, other than a preparation, contrary to accepted pharmaceutical practice;

(c) has, on more than one occasion, self-administered a preparation, contrary to accepted pharmaceutical practice;

(d) has, on more than one occasion, 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 pharmacist, including a child adopted in fact, contrary to accepted pharmaceutical practice;

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

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

(5) In the circumstances described in subsection (4), the Minister must not issue the notice referred to in subsection (1) until the Minister has

(a) consulted with the licensing authority of the province in which the pharmacist to whom the notice relates is registered or entitled to practise;

(b) given that pharmacist an opportunity to present reasons why the notice should not be issued and considered those reasons; and

(c) considered

(i) the compliance history of the pharmacist in respect of the Act and the regulations made or continued under it, and

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

SOR/2003-135, s. 5.

G.03.017.3. The Minister must provide the licensed dealers, pharmacies and licensing authorities who were issued a notice under subsection G.03.017.2(1) with a retraction of that notice if

(a) in the circumstance described in paragraph G.03.017.2(2)(a), the requirements set out in subparagraphs (b)(i) and (ii) have been met and one year has elapsed since the notice was issued by the Minister; or

(b) in a circumstance described in any of paragraphs G.03.017.2(2)(b) and (c) and (4)(a) to (f), the pharmacist named in the notice has

(i) requested in writing that a retraction of the notice be issued, and

(ii) provided a letter from the licensing authority of the province, in which the pharmacist is registered or entitled to practise, in which the authority consents to the retraction of the notice.

SOR/2003-135, s. 5.

G.03.017.4 and G.03.017.5. [Repealed, SOR/2003-135, s. 5]

Division 4

Practitioners

G.04.001. (1) In this section,

“administer” includes to prescribe, sell or provide; (administrer)

“designated drug” means any of the following controlled drugs:

(a) amphetamine and its salts,

(b) benzphetamine and its salts,

(c) methamphetamine and its salts,

(d) phenmetrazine and its salts, or

(e) phendimetrazine and its salts. (drogue désignée)

(2) Subject to subsections (3) and (4) and to an exemption granted under section 56 of the Controlled Drugs and Substances Act with respect to the administration of the controlled drug specified in the exemption, no practitioner shall administer a controlled drug to any person or animal.

(3) A practitioner may administer a controlled drug, other than a designated drug, to a person or to an animal, if

(a) that person or animal is a patient under his professional treatment; and

(b) the controlled drug is required for the condition for which the patient is receiving treatment.

(4) A practitioner may administer a designated drug to an animal or a person who is a patient under his professional treatment where the designated drug is for the treatment of any of the following conditions:

(a) in humans

(i) narcolepsy,

(ii) hyperkinetic disorders in children,

(iii) mental retardation (minimal brain dysfunction),

(iv) epilepsy,

(v) parkinsonism, or

(vi) hypotensive states associated with anesthesia; or

(b) in animals, depression of cardiac and respiratory centres.

SOR/99-125, s. 4; SOR/2004-238, s. 23.

G.04.002. (1) A practitioner who sells or provides a controlled drug to a person for self-administration or for administration to an animal shall, whether or not the practitioner charges for the drug, keep a record showing the name and quantity of the controlled drug sold or provided, the name and address of the person to whom it was sold or provided and the date on which it was sold or provided if the quantity of the controlled drug exceeds

(a) three times the maximum daily dosage recommended by the producer, maker or assembler of the controlled drug; or

(b) three times the generally recognized maximum daily therapeutic dosage for that controlled drug if the producer, maker or assembler has not recommended a maximum daily dosage.

(2) A practitioner who is required by this section to keep a record shall keep the record in a place, form and manner that will permit an inspector readily to examine and obtain information from it.

SOR/88-482, s. 4(F); SOR/2004-238, s. 24.

G.04.002A. A practitioner shall

(a) furnish to the Minister on request such information respecting

(i) the use by the practitioner of controlled drugs received — including the administering, selling or providing of the drugs to a person — , and

(ii) the prescriptions for controlled drugs issued by the practitioner,

as the Minister may require;

(b) produce to an inspector on request any records that these Regulations require the practitioner to keep;

(c) permit an inspector to make copies of such records or to take extracts therefrom;

(d) permit an inspector to check all stocks of controlled drugs on the practitioner’s premises;

(e) retain in his possession for at least two years any record that these Regulations require him to keep;

(f) take adequate steps to protect controlled drugs in his possession from loss or theft; and

(g) report to the Minister any loss or theft of a controlled drug within 10 days of the practitioner’s discovery of the loss or theft.

SOR/2004-238, s. 25.

G.04.003. If a practitioner alleges or, in any prosecution for an offence under the Act, the Food and Drugs Act or this Part, pleads that their possession of a controlled drug was for use in their practice or that they administered it to a person or animal, or prescribed, sold or provided it for a person or an animal who or that was a patient under their professional treatment and that the controlled drug was required for the condition for which the patient received treatment, the burden of proof in respect of the allegation or plea shall be on the practitioner.

SOR/97-228, s. 16; SOR/2004-238, s. 26.

G.04.004. The Minister shall provide in writing any factual information about a practitioner that has been obtained under the Act or these Regulations to the licensing authority responsible for the registration or authorization of the person to practise their profession

(a) in the province in which the practitioner is registered or entitled to practise if

(i) the authority submits a written request that states the name and address of the practitioner, a description of the information being sought and a statement that the information is required for the purpose of assisting a lawful investigation by the authority, or

(ii) the Minister has reasonable grounds to believe that the practitioner has

(A) contravened a rule of conduct established by the authority,

(B) been found guilty in a court of law of a designated drug offence or of a contravention of this Part, or

(C) contravened a provision of this Part; or

(b) in a province in which the practitioner is not registered or entitled to practise, if the authority submits to the Minister

(i) a written request for information that states

(A) the name and address of the practitioner, and

(B) a description of the information being sought, and

(ii) documentation that shows that the practitioner has applied to that authority to practise in that province.

SOR/86-881, s. 2; SOR/97-228, s. 17; SOR/2003-135, s. 6.

G.04.004.1. A practitioner may make a written request to the Minister to send to licensed dealers and pharmacies a notice, issued under section G.04.004.2, advising them of one or more of the following requirements:

(a) recipients of the notice must not sell or provide a controlled drug, other than a preparation, to that practitioner;

(b) recipients of the notice must not sell or provide a preparation to that practitioner;

(c) pharmacists practising in the notified pharmacies must not fill a prescription or order for a controlled drug, other than a preparation, from that practitioner; and

(d) pharmacists practising in the notified pharmacies must not fill a prescription or order for a preparation from that practitioner.

SOR/2003-135, s. 6.

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

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

(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, a preparation, or both.

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

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

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

(c) been found guilty in a court of law of a designated drug offence or of an offence under this Part.

(3) The notice must be issued to

(a) all licensed dealers;

(b) all pharmacies within the province in which the practitioner named in the notice is registered and practising;

(c) the licensing authority of the province in which the practitioner named in the notice is registered or entitled to practise;

(d) any interested licensing authority in another province that has made a request to the Minister to issue the notice; and

(e) all pharmacies in an adjacent province in which a prescription or order from the practitioner named in the notice may be filled.

(4) Subject to subsection (5), the Minister may issue the notice described in subsection (1) to the persons and authorities specified in subsection (3), if the Minister, on reasonable grounds, believes that the practitioner named in the notice

(a) has contravened any of the provisions of sections G.04.001 to G.04.002A;

(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 medical, dental or veterinary 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 medical, dental or veterinary 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 medical, dental or veterinary 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 medical, dental or veterinary practice; or

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

(5) In the circumstances described in subsection (4), the Minister must not issue the notice referred to in subsection (1) until the Minister has

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

(b) given that practitioner an opportunity to present reasons why the notice should not be issued and considered those reasons; and

(c) considered

(i) the compliance history of the practitioner in respect of the Act and the regulations made or continued under it, and

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

SOR/2003-135, s. 6.

G.04.004.3. The Minister must provide the licensed dealers, pharmacies and licensing authorities who were issued a notice under subsection G.04.004.2(1) with a notice of retraction of that notice if

(a) in the circumstance described in paragraph G.04.004.2(2)(a), the requirements set out in subparagraphs (b)(i) and (ii) have been met and one year has elapsed since the notice was issued by the Minister; or

(b) in a circumstance described in any of paragraphs G.04.004.2(2)(b) and (c) and (4)(a) to (f), the practitioner named in the notice has

(i) requested in writing that a retraction of the notice be issued, and

(ii) provided a letter from the licensing authority of the province, in which the practitioner is registered or entitled to practise, in which the authority consents to the retraction of the notice.

SOR/88-482, s. 5(F); SOR/2003-135, s. 6.

G.04.004.4. and G.04.004.5. [Repealed, SOR/2003-135, s. 6]

Division 5

Hospitals

G.05.001. (1) A person who is in charge of a hospital shall keep or cause to be kept a record of the following information:

(a) the name and quantity of any controlled drug received for the hospital by a hospital employee or a practitioner in the hospital;

(b) the name and address of the person from whom any controlled drug was received and the date on which it was received;

(c) the name and quantity of any controlled drug used in the making or assembling of a product or compound containing that controlled drug, the name and quantity of the product or compound made or assembled and the date on which the product or compound was placed in stock;

(c.1) the name and quantity of any controlled drug produced and the date on which it was placed in stock;

(d) the name of the patient for whom a controlled drug was dispensed;

(e) the name of the practitioner ordering or prescribing a controlled drug; and

(f) the date on which a controlled drug was ordered or prescribed and the form and quantity thereof.

(2) Subject to subsections (3) and (4), the record of information referred to in subsection (1) shall be kept

(a) in a manner that permits an audit to be made;

(b) in a book, register or similar record maintained exclusively for controlled drugs; and

(c) for a period of at least two years.

(3) The information referred to in paragraphs (1)(d) to (f) may, with respect to a preparation, be kept in a form other than that specified in paragraph (2)(b).

(4) The information referred to in subsection (1) may, with respect to a controlled drug listed in Part II or III of the schedule to this Part, be kept in a form other than that specified in paragraph (2)(b).

SOR/78-427, s. 8; SOR/85-550, s. 11; SOR/88-482, s. 6; SOR/97-228, s. 18; SOR/2004-238, s. 27.

G.05.002. A person who is in charge of a hospital shall

(a) furnish such information respecting the use of controlled drugs therein, in such form and at such times as the Minister may require;

(b) produce to an inspector any books, records or documents required by these Regulations to be kept;

(c) permit an inspector to make copies thereof or take extracts from such books, records and documents; and

(d) permit an inspector to check all stocks of controlled drugs in the hospital.

G.05.003. (1) No person in charge of a hospital shall permit a controlled drug to be sold, provided or administered except in accordance with this section.

(2) On receipt of a prescription or a written order signed and dated by a practitioner, the person in charge of a hospital may permit a controlled drug to be administered to a person or an animal under treatment as an in-patient or out-patient of the hospital, or to be sold or provided to the person or to the person in charge of the animal.

(3) Subject to subsection (6), the person in charge of a hospital may permit a controlled drug to be provided, for emergency purposes, to a hospital employee or a practitioner in another hospital on receipt of a written order signed and dated by a pharmacist in the other hospital or a practitioner authorized by the person in charge of the other hospital to sign the order.

(4) Subject to subsection (6), the person in charge of a hospital may permit a controlled drug to be sold or provided, for emergency purposes, to a pharmacist on receipt of a written order signed and dated by the pharmacist.

(5) The person in charge of a hospital may permit a controlled drug to be provided to a person employed in a research laboratory in that hospital for the purpose of research.

(6) No person in charge of a hospital shall permit a controlled drug to be sold or provided under subsection (3) or (4) unless the signature of the pharmacist in the other hospital or of the practitioner authorized by the person in charge of the other hospital to sign an order is known to the person who sells or provides the controlled drug or has been verified.

SOR/85-550, s. 12; SOR/88-482, s. 7; SOR/2004-238, s. 28.

G.05.004. A person who is in charge of a hospital shall take all steps necessary to protect controlled drugs in the hospital against loss or theft and shall report to the Minister any loss or theft of a controlled drug within 10 days of his discovery thereof.

SOR/78-427, s. 9.

Division 6

Authority and Penalty

G.06.001. (1)  and (2) [Repealed, SOR/99-125, s. 5]

(3) Despite anything in these Regulations, a person may, for the purpose of identification or analysis of a controlled drug in their possession, provide or deliver the drug to

(a) a practitioner of medicine; or

(b) an agent of a practitioner of medicine, where the agent has been exempted under section 56 of the Controlled Drugs and Substances Act with respect to the possession of that controlled drug.

(4) If an agent of a practitioner of medicine receives a controlled drug under subsection (3), they shall immediately provide or deliver it

(a) to the practitioner of whom he is the agent; or

(b) to the Minister or his agent.

(5) A practitioner of medicine who receives a controlled drug under subsection (3) or (4) shall immediately provide or deliver it

(a) for the purpose of identification or analysis thereof, to a person exempted under section 56 of the Controlled Drugs and Substances Act with respect to the possession of that controlled drug for that purpose; or

(b) to the Minister or his agent.

SOR/99-125, s. 5; SOR/2004-238, s. 29.

G.06.002. Every person who is exempted under section 56 of the Controlled Drugs and Substances Act with respect to the possession or administration, as the case may be, of a controlled drug shall

(a) keep and retain for a period of two years from the date of the making of the record, a record of

(i) the kind, date and quantity of any controlled drug purchased or received by him,

(ii) the name and address of the person from whom the controlled drug was received, and

(iii) particulars of the use to which the controlled drug was put; and

(b) furnish such information respecting such controlled drugs as the Minister may require, and shall permit access to the records required to be kept by this Part.

SOR/85-550, s. 13; SOR/88-482, s. 8(F); SOR/99-125, s. 6.

Test Kits Containing Controlled Drugs

G.06.002.1. Any person may sell, possess or otherwise deal in a test kit that contains a controlled drug if

(a) a registration number has been issued for the test kit pursuant to section G.06.002.3;

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

(i) the name of the producer, maker or assembler,

(ii) the trade name or trade mark, and

(iii) the registration number issued therefor pursuant to section G.06.002.3;

(c) the test kit is sold, possessed or otherwise dealt in for the purpose of medical, laboratory, industrial, educational or research use; and

(d) the registration number has not been cancelled pursuant to section G.06.002.4.

SOR/2004-238, s. 30.

G.06.002.2. The manufacturer of a test kit that contains a controlled drug may apply for a registration number therefor by submitting to the Director an application containing

(a) particulars 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;

(c) a statement of the proposed use of the test kit; and

(d) any further information and material that the Minister may require in order to satisfy himself that the test kit is one for which a registration number may be issued.

G.06.002.3. Where, on application under section G.06.002.2, the Minister is satisfied that the test kit to which the application applies will only be used for medical, laboratory, industrial, educational or research use and that it

(a) contains a controlled drug and one or more adulterating or denaturing agents in such a manner, combination, quantity, proportion or concentration that the preparation or mixture has no significant drug abuse potential, or

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

the Minister may issue a registration number for the test kit, which shall be a number preceded by the letters “TK”.

SOR/81-21, ss. 1, 2; SOR/86-91, s. 3(F).

G.06.002.4. The Minister may cancel the registration number for a test kit if the test kit is removed from the market by the manufacturer or if, in the Minister’s opinion,

(a) it is necessary to cancel the registration number in the interest of public health; or

(b) the test kit is used or is likely to be used for any purpose other than medical, laboratory, industrial, educational or research use.

G.06.003. Any person who violates any provision of this Part is guilty of an offence and is liable on summary conviction to a fine not exceeding $500 or to a term of imprisonment not exceeding six months, or to both such fine and imprisonment.

Division 7

General

G.07.001. (1) In this section,

“member” means any person who is registered, certified or otherwise licensed by a nursing statutory body for the practice of nursing; (membre)

“nursing statutory body” means any provincial professional licensing authority that, pursuant to the laws of that province, registers, certifies or otherwise licenses a person for the practice of nursing. (organisme de nursing)

(2) The Minister may provide to a nursing statutory body any information obtained under the Controlled Drugs and Substances Act, the Food and Drugs Act or these Regulations that involves any member of that body.

SOR/82-120, s. 1; SOR/97-228, s. 19.

G.07.002 Where, pursuant to the Controlled Drugs and Substances Act (Police Enforcement) Regulations, a member of a police force or a person acting under the direction and control of the member is, in respect of the conduct of the member or person, exempt from the application of subsection 4(2) or section 5, 6 or 7 of the Controlled Drugs and Substances Act, the member or person is, in respect of that conduct, exempt from the application of this Part.

SOR/97-228, s. 20.

SCHEDULE

(Sections G.01.001 and G.01.004, subsection G.02.014(3), subparagraph G.02.025(1)(b)(iii), subsections G.02.025(3.2) and (4) and G.03.001(3), paragraph G.03.006(a), section G.03.007 and subsection G.05.001(4))

PART I

  1.

Amphetamines, their salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues, excluding those substances set out in item 1 of the schedule to Part J but including:

(1)

amphetamine (α­methylbenzeneethanamine)

(2)

methamphetamine (N,α­dimethylbenzeneethanamine)

(3)

Benzphetamine (N­benzyl­N,α­dimethylbenzeneethanamine)

  2.

Methylphenidate (α­phenyl­2­piperidineacetic acid methyl ester) and any salt thereof

  3.

Methaqualone (2­methyl­3­ (2­methylphenyl) ­4 (3H) quinazolinone) and any salt thereof

  4.

Phendimetrazine (d­3, 4­dimethyl­2­phenylmorpholine) and any salt thereof

  5.

Phenmetrazine (3­methyl­2­phenylmorpholine) and any salt thereof

  6.

Pentobarbital (5­ethyl­5­ (1­methylbutyl) barbituric acid)

  7.

Secobarbital (5­allyl­5­ (1­methylbutyl) barbituric acid)

  8.

4­hydroxybutanoic acid (GHB) and any salt thereof

  9.

Aminorex (4, 5­dihydro­5­phenyl­2­oxazolamine) and any salt thereof

10.

Fenetylline (d, l­3, 7­dihydro­1, 3­dimethyl­7­ (2­ [ (1­methyl­2­phenethyl) amino] ethyl) ­1H­purine­2, 6­dione) and any salt thereof

11.

Glutethimide (2­ethyl­2­phenylglutarimide)

12.

Lefetamine ( (­) ­N, N­dimethyl­α­phenylbenzeneethanamine) and any salt thereof

13.

Mecloqualone (2­methyl­3­ (2­chlorophenyl) ­4 (3H) ­quinazolinone) and any salt thereof

14.

Mesocarb (3­ (α­methylphenethyl) ­N­ (phenylcarbamoyl) sydnone imine) and any salt thereof

15.

Pemoline (2­amino­5­phenyl­oxazolin­4­one) and any salt thereof

16.

Zipeprol (4­ (2­methoxy­2­phenylethyl) ­α­ (methoxyphenylmethyl) ­1­piperazineethanol) and any salt thereof

17.

Amineptine (7­ [ (10, 11­dihydro­5H­dibenzo [a, d] cyclohepten­5­yl) amino] heptanoic acid) and any salt thereof

PART II

1.

Barbiturates, their salts and derivatives, excluding the substances set out in items 6 and 7 of Part I but including:

  (1)

Allobarbital (5, 5­diallylbarbituric acid)

  (2)

Alphenal (5­allyl­5­phenylbarbituric acid)

  (3)

Amobarbital (5­ethyl­5­ (3­methylbutyl) barbituric acid)

  (4)

Aprobarbital (5­allyl­5­isopropylbarbituric acid)

  (5)

Barbital (5, 5­diethylbarbituric acid)

  (6)

Barbituric Acid (2, 4, 6 (1H, 3H, 5H) ­pyrimidinetrione)

  (7)

Butabarbital (5­sec­butyl­5­ethylbarbituric acid)

  (8)

Butalbital (5­allyl­5­isobutylbarbituric acid)

  (9)

Butallylonal (5­ (2­bromoallyl) ­5­sec­butylbarbituric acid)

(10)

Butethal (5­butyl­5­ethylbarbituric acid)

(11)

Cyclobarbital (5­ (1­cyclohexen­1­yl) ­5­ethylbarbituric acid)

(12)

Cyclopal (5­allyl­5­ (2­cyclopenten­1­yl) barbituric acid)

(13)

Heptabarbital (5­ (1­cyclohepten­1­yl) ­5­ethylbarbituric acid)

(14)

Hexethal (5­ethyl­5­hexylbarbituric acid)

(15)

Hexobarbital (5­ (1­cyclohexen­1­yl) ­1, 5­dimethylbarbituric acid)

(16)

Mephobarbital (5­ethyl­1­methyl­5­phenylbarbituric acid)

(17)

Methabarbital (5, 5­diethyl­1­methylbarbituric acid)

(18)

Methylphenobarbital (5­ethyl­1­methyl­5­phenylbarbituric acid)

(19)

Propallylonal (5­ (2­bromoallyl) ­5­isopropyl­barbituric acid)

(20)

Phenobarbital (5­ethyl­5­phenylbarbituric acid)

(21)

Probarbital (5­ethyl­5­isopropylbarbituric acid)

(22)

Phenylmethylbarbituric Acid (5­methyl­5­phenylbarbituric acid)

(23)

Sigmodal (5­ (2­bromoallyl) ­5­ (1­methylbutyl) ­ barbituric acid)

(24)

Talbutal (5­allyl­5­sec­butylbarbituric acid)

(25)

Vinbarbital (5­ethyl­5­ (1­methyl­1­butenyl) barbituric acid)

(26)

Vinylbital (5­ (1­methylbutyl) ­5­vinylbarbituric acid)

2.

Thiobarbiturates, their salts and derivatives, including:

(1)

Thialbarbital (5­allyl­5­ (2­cyclohexen­1­yl) ­2­thiobarbituric acid)

(2)

Thiamylal (5­allyl­5­ (1­methylbutyl) ­2­thiobarbituric acid)

(3)

Thiobarbituric Acid (2­thiobarbituric acid)

(4)

Thiopental (5­ethyl­5­ (1­methylbutyl) ­2­ thiobarbituric acid)

3.

Chlorphentermine (1­ (p­chlorophenyl) ­2­methyl­2­aminopropane) and any salt thereof

4.

Diethylpropion (2­ (diethylamino) propiophenone) and any salt thereof

5.

Phentermine (α,α­dimethylbenzeneethanamine) and any salt thereof

6.

Butorphanol (1­N­cyclobutylmethyl­3, 14­dihydroxy­morphinan) and any salt thereof

7.

Nalbuphine (N­cyclobutylmethyl­4, 5­epoxy­morphinan­3, 6, 14­triol) and any salt thereof

8.

Pyrovalerone (4′­methyl­2­ (1­pyrrolidinyl) valerophenone) and any salt thereof


[Next]



Back to Top Important Notices