Food and Drug Regulations (C.R.C., c. 870)

• J.01.002. (1) The following persons may have a restricted drug in their possession:

  • (a) a licensed dealer;

  • (b) a qualified investigator if he has possession for the purpose of and in connection with research in an institution;

  • (c) an analyst, inspector, member of the Royal Canadian Mounted Police, constable, peace officer, member of the staff of the Department of Health or officer of a court, if such person has possession for the purpose of and in connection with his employment; and

  • (d) a person exempted under section 56 of the Controlled Drugs and Substances Act with respect to that restricted drug.

• (2) A person is authorized to have a restricted drug in his possession if the person is acting as the agent for a person referred to in paragraph (1)(a), (b) or (d).

• (2.1) A person is authorized to have a restricted drug in his possession where

  • (a) the person is acting as the agent for a person he has reasonable grounds to believe is a person referred to in paragraph (1)(c); and

  • (b) the possession of the restricted drug is for the purpose of assisting that person in the enforcement or administration of an Act or regulation.

J.01.003. Subject to this Part, no person except a licensed dealer shall produce, make, assemble, import, export, sell, provide, transport, send or deliver a restricted drug.

J.01.003.1. To be eligible for a dealer’s licence, a person must be

• (a) an individual who ordinarily resides in Canada;

• (b) a corporation that has its head office in Canada or operates a branch office in Canada; or

• (c) the holder of a position that includes responsibility for restricted drugs on behalf of a department of the Government of Canada or of a government of a province, a police force, a hospital or a university in Canada.

• J.01.003.2. (1) A licensed dealer

  • (a) shall designate one qualified person in charge, who may be the licensed dealer if the licensed dealer is an individual, who must work at the premises specified in the licence, have responsibility for supervising activities with respect to restricted drugs specified in the licence and for ensuring, on behalf of the licensed dealer, that those activities comply with these Regulations; and

  • (b) may designate an alternate qualified person in charge who must work at the premises set out in the licence and have authority to replace the qualified person in charge when that person is absent.

• (2) The qualified person in charge and, if applicable, the alternate qualified person in charge

  • (a) shall be familiar with the provisions of the Act and the regulations under it that apply to the licence of the licensed dealer who designated them and have knowledge of chemistry and pharmacology and experience in those fields to properly carry out their duties;

  • (b) shall be a pharmacist or a practitioner registered with a provincial professional licensing authority or possess a degree in an applicable science — such as pharmacy, medicine, dentistry, veterinary medicine, pharmacology, organic chemistry or chemical engineering — that is awarded by a Canadian university or, if awarded by a foreign university, that is recognized by a Canadian university or a Canadian professional association; and

  • (c) shall not have been convicted, as an adult, within the previous 10 years, of

    • (i) a designated drug offence,

    • (ii) a designated criminal offence, or

    • (iii) an offence committed outside Canada that, if committed in Canada, would have constituted an offence referred to in subparagraph (i) or (ii).