Regulations Amending and Repealing Certain Regulations Made Under the Controlled Drugs and Substances Act: SOR/2018-147

Canada Gazette, Part II, Volume 152, Number 14

Registration

June 27, 2018

CONTROLLED DRUGS AND SUBSTANCES ACT

P.C. 2018-951 June 26, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 55(1)^{footnote a} of the Controlled Drugs and Substances Act^{footnote b}, makes the annexed Regulations Amending and Repealing Certain Regulations Made Under the Controlled Drugs and Substances Act.

Regulations Amending and Repealing Certain Regulations Made Under the Controlled Drugs and Substances Act

Narcotic Control Regulations

1 (1) The definitions cannabis, cannabis medical document, cannabis oil, dried marihuana, former Marihuana for Medical Purposes Regulations, former Marihuana Medical Access Regulations, fresh marihuana, health care practitioner, licensed producer and marihuana in subsection 2(1) of the Narcotic Control Regulations^{footnote 1} are repealed.

(2) The definition Security Directive in subsection 2(1) of the Regulations is replaced by the following:

Security Directive means the Directive on Physical Security Requirements for Controlled Substances and Drugs Containing Cannabis, as amended from time to time and published by the Government of Canada on its website. (Directive en matière de sécurité)

2 Paragraph 3(1)(d) of the Regulations is amended by adding “or” at the end of subparagraph (ii), by striking out “or” at the end of subparagraph (iii) and by repealing subparagraph (iv).

3 (1) Subsection 8(1) of the Regulations is replaced by the following:

8 (1) Subject to these Regulations, no person except a licensed dealer shall produce, make, assemble, import, export, sell, provide, transport, send or deliver a narcotic.

(2) Subsection 8(3) of the Regulations is repealed.

4 Section 8.1 of the Regulations is replaced by the following:

8.1 A licensed dealer is authorized to have a narcotic in their possession for the purpose of exporting the narcotic from Canada if they have obtained the narcotic in accordance with these Regulations.

5 Paragraph 8.3(1)(a) of the Regulations is replaced by the following:

(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 narcotics specified in the licence and for ensuring, on behalf of the licensed dealer, that those activities comply with these Regulations; and

6 (1) Paragraph 9.4(1)(d.1) of the Regulations is repealed.

(2) Paragraph 9.4(2)(b) of the Regulations is replaced by the following:

(b) has carried out, or signed an undertaking to carry out, the necessary corrective measures to ensure compliance with the Act and these Regulations.

7 Paragraph 9.9(2)(b) of the Regulations is replaced by the following:

(b) has carried out, or signed an undertaking to carry out, the necessary corrective measures to ensure compliance with the Act and these Regulations.

8 Section 12 of the Regulations is replaced by the following:

12 Every licence or permit issued under these Regulations is subject to the condition that the licensed dealer will comply with the provisions of these Regulations.

9 (1) Subsection 24(2.2) of the Regulations is repealed.

(2) Subsection 24(5) of the Regulations is repealed.

10 (1) The portion of subsection 27(1) of the Regulations before paragraph (a) is replaced by the following:

27 (1) Subject to this section, a licensed dealer may, in accordance with the terms and conditions of their dealer’s licence, sell or provide a narcotic under subsections 24(2) or (4) if the licensed dealer has, on the premises specified in the licence, received

(2) The portion of subsection 27(2) of the Regulations before paragraph (a) is replaced by the following:

(2) A licensed dealer who has received an order referred to in paragraph (1)(a) may sell or provide a narcotic under subsections 24(2) or (4) if

(3) Subparagraph 27(2)(a)(i) of the Regulations is replaced by the following:

(i) if the narcotic is to be sold or provided to a person referred to in paragraph 24(2)(a), (b), (c) or (e) or 24(4)(a) or (d), by that person, or

11 The portion of section 30 of the Regulations before paragraph (a) is replaced by the following:

30 A pharmacist who receives a narcotic from a licensed dealer shall immediately enter the following in a book, register or other record maintained for such purposes:

12 (1) The portion of subsection 31(2) of the Regulations before paragraph (a) is replaced by the following:

(2) A pharmacist may sell or provide a narcotic to a person

(2) Subsection 31(4) of the Regulations is repealed.

13 (1) The portion of section 46 of the Regulations before paragraph (a) is replaced by the following:

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

(2) Clauses 46(a)(ii)(B) and (C) of the Regulations are replaced by the following:

(B) been found guilty in a court of law of a designated drug offence or of a contravention of these Regulations, or
(C) contravened a provision of these Regulations; or

14 (1) The portion of subsection 48(1) of the Regulations before paragraph (a) is replaced by the following:

48 (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 one or more of the following:

(2) Paragraph 48(2)(c) of the Regulations is replaced by the following:

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

(3) Paragraph 48(3)(a.1) of the Regulations is repealed.

(4) Paragraph 48(4)(f) of the Regulations is replaced by the following:

(f) is unable to account for the quantity of narcotic for which the pharmacist was responsible under these Regulations.

15 The portion of section 49 of the Regulations before paragraph (a) is replaced by the following:

49 The Minister must provide the licensed dealers, pharmacies and provincial professional licensing authorities who were issued a notice under subsection 48(1) with a notice of retraction of that notice if

16 (1) Subsection 53(1) of the Regulations is replaced by the following:

53 (1) No practitioner shall administer a narcotic to a person or animal, or prescribe, sell or provide a narcotic for a person or animal, except as authorized under this section.

(2) The portion of subsection 53(2) of the Regulations before paragraph (a) is replaced by the following:

(2) Subject to subsection (4), a practitioner may administer a narcotic to a person or animal, or prescribe, sell or provide it for a person or animal, if

(3) Subsection 53(5) of the Regulations is repealed.

17 The portion of subsection 54(1) of the Regulations before paragraph (a) is replaced by the following:

54 (1) A practitioner who sells or provides a narcotic to a person for self-administration or for administration to an animal shall, whether or not the practitioner charges for the narcotic, keep a record showing the name and quantity of the narcotic 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 narcotic exceeds

18 Subparagraph 55(a)(iii) of the Regulations is repealed.

19 (1) The portion of subsection 57(1) of the Regulations before paragraph (a) is replaced by the following:

57 (1) The Minister must provide in writing factual information about a practitioner that has been obtained under the Act or these Regulations to the provincial professional licensing authority that is responsible for the registration or authorization of persons to practise the profession

(2) Clauses 57(1)(a)(ii)(B) and (C) of the Regulations are replaced by the following:

(B) has been found guilty in a court of law of a designated drug offence or of a contravention of these Regulations, or
(C) has contravened a provision of these Regulations; or

(3) Subsection 57(1) of the Regulations is renumbered as section 57 and subsection 57(2) is repealed.

20 (1) The portion of section 58 of the Regulations before paragraph (a) is replaced by the following:

58 A practitioner may make a written request to the Minister to send to licensed dealers and pharmacies a notice, issued under section 59, advising them of one or more of the following requirements:

(2) Section 58 of the Regulations is amended by adding “or” at the end of paragraph (c), by striking out “or” at the end of paragraph (d) and by repealing paragraph (e).

21 (1) Paragraph 59(1)(a.1) of the Regulations is repealed.

(2) Subsection 59(1) of the Regulations is amended by adding “or” at the end of paragraph (a), by striking out “or” at the end of paragraph (b) and by repealing paragraph (c).

(3) Paragraph 59(2)(c) of the Regulations is replaced by the following:

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

(4) Paragraph 59(3)(a.1) of the Regulations is repealed.

(5) Paragraphs 59(4)(a.1) and (a.2) of the Regulations are repealed.

(6) Paragraph 59(4)(f) of the Regulations is replaced by the following:

(f) is unable to account for the quantity of narcotic for which the practitioner was responsible under these Regulations.

(7) Subsection 59(6) of the Regulations is repealed.

22 The portion of section 60 of the Regulations before paragraph (a) is replaced by the following:

60 The Minister must provide the licensed dealers, pharmacies and provincial professional licensing authorities who were issued a notice under subsection 59(1) with a notice of retraction of that notice if

23 Paragraph 63(a) of the Regulations is amended by adding “and” at the end of subparagraph (vi) and by repealing subparagraphs (viii) to (x).

24 (1) Subsections 65(1) to (4) of the Regulations are replaced by the following:

65 (1) No person in charge of a hospital shall permit a narcotic 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 narcotic, other than diacetylmorphine (heroin), 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 for the person or to the person in charge of the animal.

(3) Subject to subsection (5.1), the person in charge of a hospital may permit a narcotic to be provided, for emergency purposes, to a hospital employee or 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 (5.1), the person in charge of a hospital may permit a narcotic to be sold or provided, for emergency purposes, to a pharmacist on receipt of a written order signed and dated by the pharmacist.

(2) Subsection 65(5.2) of the Regulations is repealed.

25 Sections 65.1 to 65.3 of the Regulations are repealed.

26 Section 67 of the Regulations is replaced by the following:

67 The Minister may, on application for it, issue a licence to any person who, in the opinion of the Minister, is qualified to produce opium poppy for scientific purposes, on any terms and conditions that the Minister considers necessary.

27 Subsection 73(2) of the Regulations is replaced by the following:

(2) The Minister may communicate to a nursing statutory body any information concerning any member of that body obtained under the Act or these Regulations.

28 Item 17 of the schedule to the Regulations is repealed.

Food and Drug Regulations

29 The definition Security Directive in subsection G.01.001(2) of the Food and Drug Regulations^{footnote 2} is replaced by the following:

Benzodiazepines and Other Targeted Substances Regulations

30 The definition Security Directive in subsection 1(1) of the Benzodiazepines and Other Targeted Substances Regulations^{footnote 3} is replaced by the following:

New Classes of Practitioners Regulations

31 Subsection 3(1) of the New Classes of Practitioners Regulations^{footnote 4} is renumbered as section 3 and subsections 3(2) and (3) are repealed.

32 Paragraph 4(1)(c) of the Regulations is replaced by the following:

(c) any of subitems 1(1) and (10), 2(1), 5(4) and 10(1) of the schedule to the Narcotic Control Regulations.

Repeals

33 The Industrial Hemp Regulations^{footnote 5} and the Access to Cannabis for Medical Purposes Regulations^{footnote 6} are repealed.

Coming into Force

S.C. 2018, c. 16

34 These Regulations come into force on the day on which subsection 204(1) of the Cannabis Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears at page 2803, following SOR/2018-144.

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