GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Narcotic Control Regulations — 27.6
Destruction elsewhere than at site 27.6 A licensed dealer that intends to destroy a narcotic elsewhere than at the site specified in their licence must ensure that the following conditions are met: (a) the licensed dealer obtains the prior approval of the Minister; (b) the licensed dealer takes any measures that are necessary to ensure the security of the narcotic while it is being transported in order to prevent its diversion to an illicit market or use; (c) the destruction is carried out by a person working for a business that specializes in the destruction of dangerous goods and in the presence of another person working for that business; (d) 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 (e) as soon as the destruction is completed, the person who carried out the destruction provides the licensed dealer with a dated declaration attesting that the narcotic was completely destroyed and containing (i) the municipal address of the place of destruction, (ii) the name and quantity of the narcotic and, if applicable, the brand name and quantity of the product containing it or the name and quantity of the compound containing it, (iii) the method of destruction, (iv) the date of destruction, and (v) the names in printed letters and signatures of that person and the other person who was present at the destruction. SOR/2019-169, s. 3
Narcotic Control Regulations — 27.7
Application for prior approval 27.7 (1) A licensed dealer must submit to the Minister an application that contains the following information in order to obtain the Minister’s prior approval to destroy a narcotic: (a) their name, municipal address and dealer’s licence number; (b) the proposed date of destruction; (c) the municipal address of the place of destruction; (d) a brief description of the method of destruction; (e) if the destruction is to be carried out at the site specified in the dealer’s licence, the names of the persons proposed for the purpose of paragraph 27.5(b) and information establishing that they meet the conditions of that paragraph; (f) the name of the narcotic and, if applicable, the brand name of the product containing it or the name of the compound containing it; and (g) the form and quantity of the narcotic or the product or compound containing it and, if applicable, the strength per unit of the narcotic in the product or compound, the number of units per package and the number of packages. Signature and attestation (2) The application must (a) be signed and dated by the qualified person in charge or an alternate qualified person in charge; and (b) include an attestation by that person that (i) the proposed method of destruction complies with all federal, provincial and municipal environmental protection legislation applicable to the place of destruction, and (ii) all of the information submitted in support of the application is correct and complete to the best of the signatory’s knowledge. Additional information and documents (3) The licensed dealer must, not later than the date specified in the Minister’s written request to that effect, provide the Minister with any information or document that the Minister determines is necessary to complete the review of the application. SOR/2019-169, s. 3
Narcotic Control Regulations — 27.8
Approval 27.8 On completion of the review of the approval application, the Minister must approve the destruction of the narcotic unless (a) in the case of a destruction that is to be carried out at the site specified in the dealer’s licence, the persons proposed for the purpose of paragraph 27.5(b) do not meet the conditions of that paragraph; (b) the Minister has reasonable grounds to believe that the narcotic would not be destroyed; (c) the Minister has reasonable grounds to believe that the licensed dealer has submitted false or misleading information or false or falsified documents in or in support of the approval application; (d) the narcotic or a portion of it is required for the purposes of a criminal or administrative investigation or a preliminary inquiry, trial or other proceeding under any Act or its regulations; or (e) the Minister has reasonable grounds to believe that the approval would likely create a risk to public health or safety, including the risk of the narcotic being diverted to an illicit market or use. SOR/2019-169, s. 3
Narcotic Control Regulations — 28
Method of recording information 28 A licensed dealer must record any information that they are required to record under these Regulations using a method that permits an audit of it to be made at any time. SOR/80-547, s. 1; SOR/2004-237, s. 13; SOR/2010-221, s. 13; SOR/2017-18, s. 24 SOR/2019-169, s. 3
Narcotic Control Regulations — 28.1
Information — general 28.1 A licensed dealer must record the following information: (a) the name, form and quantity of any narcotic that the dealer orders, the name of the person who placed the order on the dealer’s behalf and the date of the order; (b) the name, form and quantity of any narcotic that the dealer receives, the name and municipal address of the person who sold or provided it and the date on which it was received; (c) in the case of a narcotic that the dealer sells or provides, (i) the brand name of the product or the name of the compound containing the narcotic and the name of the narcotic, (ii) the drug identification number that has been assigned to the product under section C.01.014.2 of the Food and Drug Regulations , if any, (iii) the form and quantity of the narcotic and, if applicable, the strength per unit of the narcotic in the product or compound, the number of units per package and the number of packages, (iv) the name and municipal address of the person to whom it was sold or provided, and (v) the date on which it was sold or provided; (d) the name, form and quantity of any narcotic that the dealer manufactures or assembles and the date on which it was placed in stock and, if applicable, the strength per unit of the narcotic in the product or compound, the number of units per package and the number of packages; (e) the name and quantity of any narcotic that the dealer uses in the manufacturing or assembling of a product or compound, as well as the brand name and quantity of the product or the name and quantity of the compound, and the date on which the product or compound was placed in stock; (f) the name, form and quantity of any narcotic in stock at the end of each month; (g) the name, form and quantity of any narcotic that the dealer delivers, transports or sends, the name and municipal address of the consignee and the date on which it was delivered, transported or sent; (h) the name, form and quantity of any narcotic that the dealer imports, the date on which it was imported, the name and municipal address of the exporter, the country of exportation and any country of transit or transhipment; and (i) the name, form and quantity of any narcotic that the dealer exports, the date on which it was exported, the name and municipal address of the importer, the country of final destination and any country of transit or transhipment. SOR/2019-169, s. 3
Narcotic Control Regulations — 28.2
Verbal prescription narcotic 28.2 A licensed dealer that receives a verbal order for a verbal prescription narcotic and sells or provides it to a pharmacist, a practitioner or a hospital employee must immediately record (a) the name of the person who placed the order; (b) the date on which the order was received; and (c) the name of the person recording the order. SOR/2019-169, s. 3
Narcotic Control Regulations — 28.3
Explainable loss of narcotic 28.3 A licensed dealer that becomes aware of a loss of a narcotic that can be explained on the basis of normally accepted business activities must record the following information: (a) the name of the lost narcotic and, if applicable, the brand name of the product or the name of the compound containing it; (b) the form and quantity of the narcotic and, if applicable, the form of the product or compound containing it, the strength per unit of the narcotic in the product or compound, the number of units per package and the number of packages; (c) the date on which the dealer became aware of the loss; and (d) the explanation for the loss. SOR/2019-169, s. 3
Narcotic Control Regulations — 28.4
Destruction 28.4 A licensed dealer must record the following information concerning any narcotic that they destroy at the site specified in their licence: (a) the municipal address of the place of destruction; (b) the name, form and quantity of the narcotic and, if applicable, the brand name and quantity of the product containing the narcotic or the name and quantity of the compound containing the narcotic; (c) the method of destruction; and (d) the date of destruction. SOR/2019-169, s. 3
Narcotic Control Regulations — 28.5
Annual report 28.5 (1) Subject to subsections (2) and (3), a licensed dealer must provide to the Minister, within three months after the end of each calendar year, an annual report that contains (a) the name, form and total quantity of each narcotic that they receive, produce, sell, provide, import, export or destroy during the calendar year, as well as the name and total quantity of each narcotic that they use to manufacture or assemble a product or compound; (b) the name, form and quantity of each narcotic in physical inventory taken at the site specified in their licence at the end of the calendar year; and (c) the name, form and quantity of any narcotic that has been lost or stolen in the course of conducting activities during the calendar year. Non-renewal or revocation within first three months (2) If a licensed dealer’s licence expires without being renewed or is revoked during the first three months of a calendar year, the dealer must provide to the Minister (a) within three months after the end of the preceding calendar year, the annual report in respect of that year; and (b) within three months after the expiry or revocation, a report in respect of the portion of the current calendar year during which the licence was valid that contains the information referred to in subsection (1), in which the quantity in physical inventory is to be calculated as of the date of expiry or revocation. Non-renewal or revocation after third month (3) If a licensed dealer’s licence expires without being renewed or is revoked after the first three months of a calendar year, the dealer must provide to the Minister, within three months after the expiry or revocation, a report in respect of the portion of the calendar year during which the licence was valid that contains the information referred to in subsection (1) for that period, in which the quantity in physical inventory is to be calculated as of the date of expiry or revocation. SOR/2019-169, s. 3
Narcotic Control Regulations — 29
Retention period 29 A licensed dealer and a former licensed dealer must keep any document containing the information that they are required to record under these Regulations, including every declaration and a copy of every report, for a period of two years following the day on which the last record is recorded in the document and in a manner that permits an audit of the document to be made at any time. SOR/2019-169, s. 3
Narcotic Control Regulations — 29.1
Location 29.1 The documents must be kept (a) in the case of a licensed dealer, at the site specified in their licence; and (b) in the case of a former licensed dealer, at a location in Canada. SOR/2019-169, s. 3
Narcotic Control Regulations — 29.2
Quality of documents 29.2 The documents must be complete and readily retrievable and the information in them must be legible and indelible. SOR/2019-169, s. 3
Narcotic Control Regulations — 30
General information 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: (a) the name and quantity of the narcotic received; (b) the date the narcotic was received; and (c) the name and address of the person from whom the narcotic was received. SOR/85-588, s. 8; SOR/2013-119, s. 211; SOR/2016-230, s. 267; SOR/2018-147, s. 11
Narcotic Control Regulations — 31
Restriction 31 (1) No pharmacist shall sell or provide narcotics except in accordance with this section and sections 34 to 36 and 45. Exemption or written order or prescription (2) A pharmacist may sell or provide a narcotic to a person (a) if the person is exempted under section 56 of the Act with respect to the possession of that narcotic; (b) except in the case of diacetylmorphine (heroin), if the pharmacist has received a written order or prescription for the narcotic that is signed and dated by a practitioner and has verified the signature of the practitioner, if it is not known to them; or (c) in the case of diacetylmorphine (heroin), if the pharmacist has received a written order or prescription for the narcotic that is signed and dated by a practitioner of medicine or a nurse practitioner and has verified the signature of the practitioner, if it is not known to them. (2.1) [Repealed, SOR/2019-169, s. 6] Methadone (3) A pharmacist may sell or provide methadone to the following persons, in addition to the persons referred to in subsection (2): (a) a licensed dealer; (b) another pharmacist; (c) a hospital employee; or (d) a practitioner. (4) [Repealed, SOR/2018-147, s. 12] SOR/81-361, s. 2; SOR/85-588, s. 9; SOR/99-124, s. 4; SOR/2004-237, s. 14; SOR/2012-230, s. 20; SOR/2013-119, s. 212; SOR/2014-51, s. 1; SOR/2016-230, s. 268; SOR/2018-37, s. 4; SOR/2018-147, s. 12 SOR/2019-169, s. 6
Narcotic Control Regulations — 32
Prohibition — pharmacist or practitioner named in notice 32 Subject to section 33 and despite subsections 31(2) and (3) and sections 34 to 36, no pharmacist shall (a) sell or provide a narcotic, other than a verbal prescription narcotic, to a pharmacist named in a notice issued by the Minister under paragraph 48(1)(a); (b) sell or provide a verbal prescription narcotic, other than a preparation mentioned in section 36, to a pharmacist named in a notice issued by the Minister under paragraph 48(1)(b); (c) sell or provide a preparation mentioned in section 36 to a pharmacist named in a notice issued by the Minister under paragraph 48(1)(c); (d) dispense, sell or provide a narcotic, other than a verbal prescription narcotic, to a practitioner named in a notice issued by the Minister under subsection 59(1) or fill a prescription or order for a narcotic, other than a verbal prescription narcotic, from a practitioner named in such a notice; or (e) dispense, sell or provide a verbal prescription narcotic to a practitioner named in a notice issued by the Minister under subsection 59(1) or fill a prescription or order for a verbal prescription narcotic from a practitioner named in such a notice. SOR/85-588, s. 10(E); SOR/2003-134, s. 3 SOR/2019-169, s. 7
Narcotic Control Regulations — 33
Exception — notice of retraction 33 Section 32 does not apply to a pharmacist to whom the Minister has issued a notice of retraction of the notice (a) under section 49, in respect of a pharmacist named in a notice issued by the Minister under subsection 48(1); or (b) under section 60, in respect of a practitioner named in a notice issued by the Minister to under subsection 59(1). SOR/2003-134, s. 3 SOR/2019-169, s. 8(F)
Narcotic Control Regulations — 34
Verbal prescription narcotic 34 Subject to section 39, a pharmacist may dispense a verbal prescription narcotic on receipt of a verbal order or prescription given by a person whom the pharmacist has taken reasonable precautions to determine is a practitioner. SOR/85-588, s. 11; SOR/85-930, s. 6 SOR/2019-169, s. 9
Narcotic Control Regulations — 35
Provision to hospital 35 (1) Subject to subsection (2), a pharmacist may provide a narcotic to an employee of a hospital or a practitioner in a hospital if the pharmacist receives a written order for the narcotic signed and dated by (a) the pharmacist in charge of the hospital’s pharmacy; (b) except in the case of diacetylmorphine (heroin), a practitioner who is authorized by the person in charge of the hospital to sign the order; or (c) in the case of diacetylmorphine (heroin), a practitioner of medicine or dentistry or a nurse practitioner who is authorized by the person in charge of the hospital to sign the order. Signature (2) Before providing a narcotic under subsection (1), the pharmacist receiving the order must know the signature on the order or verify it. SOR/85-588, s. 12; SOR/99-124, s. 5; SOR/2004-237, s. 15; SOR/2018-37, s. 5 SOR/2019-169, s. 10
Narcotic Control Regulations — 36
Low-dose codeine preparation 36 (1) Subject to subsection (2), a pharmacist may, without a prescription, sell or provide a preparation containing not more than 8 mg or its equivalent of codeine phosphate per tablet or per unit in other solid form or not more than 20 mg or its equivalent of codeine phosphate per 30 mL in a liquid preparation if (a) the preparation contains (i) two additional medicinal ingredients other than a narcotic in a quantity of not less than the regular minimum single dose for one such ingredient or one-half the regular minimum single dose for each such ingredient, or (ii) three additional medicinal ingredients other than a narcotic in a quantity of not less than the regular minimum single dose for one such ingredient or one-third the regular minimum single dose for each such ingredient; and (b) there is legibly and conspicuously printed on the inner label and the outer label, as those terms are defined in section A.01.010 of the Food and Drug Regulations , a caution to the following effect: “This preparation contains codeine and should not be administered to children except on the advice of a physician, dentist or nurse practitioner.” Use other than for recognized medical or dental purpose (2) No pharmacist shall sell or provide a preparation referred to in subsection (1) if the pharmacist has reasonable grounds to believe that the preparation is to be used for purposes other than recognized medical or dental purposes. SOR/78-154, s. 5; SOR/85-588, s. 13; SOR/2004-237, s. 16; SOR/2012-230, s. 21
Narcotic Control Regulations — Narcotic Control Regulations
“This preparation contains codeine and should not be administered to children except on the advice of a physician, dentist or nurse practitioner.”
Narcotic Control Regulations — 37
Maximum Quantity 37 A pharmacist must not use an order or prescription to dispense a narcotic after the quantity of the narcotic specified in the order or prescription has been dispensed. SOR/81-361, s. 3 SOR/2019-169, s. 11
Narcotic Control Regulations — 38
Written order or prescription 38 If, in accordance with a written order or prescription, a pharmacist dispenses a narcotic, other than dextropropoxyphene, the pharmacist must immediately enter in a book, register or other record maintained for such purposes (a) their name or initials; (b) the name, initials and municipal address of the practitioner who issued the order or prescription; (c) the name and municipal address of the person named in the order or prescription; (d) the name, form and quantity of the narcotic; (e) the date on which the narcotic was dispensed; and (f) the number assigned to the order or prescription. SOR/82-1073, s. 1; SOR/85-588, s. 14(E); SOR/2004-237, s. 17 SOR/2019-169, s. 11
Narcotic Control Regulations — 39
Verbal order or prescription 39 A pharmacist must, before dispensing a verbal prescription narcotic in accordance with a verbal order or prescription, make a written record of it that sets out (a) their name or initials; (b) the name, initials and municipal address of the practitioner who issued the order or prescription; (c) the name and municipal address of the person named in the order or prescription; (d) in accordance with the manner in which it is specified in the order or prescription, the name and quantity of the verbal prescription narcotic or the narcotic and the other medicinal ingredients contained in it; (e) the directions for use given with the order or prescription; (f) the date on which the verbal prescription narcotic was dispensed; and (g) the number assigned to the order or prescription. SOR/85-588, s. 15; SOR/2004-237, s. 18 SOR/2019-169, s. 11
Narcotic Control Regulations — 40
File by date and number 40 A pharmacist must maintain a special narcotic prescription file in which are filed, in sequence as to date and number, all written orders and prescriptions for narcotics that they have dispensed and the written record of all verbal prescription narcotics that they have dispensed in accordance with a verbal order or prescription. SOR/85-588, s. 16 SOR/2019-169, s. 11
Narcotic Control Regulations — 40.1
Retention period 40.1 A pharmacist must retain in their possession for a period of at least two years any records which they are required to keep by these Regulations. SOR/2019-169, s. 11
Narcotic Control Regulations — 41
Providing information and assisting inspector 41 A pharmacist shall (a) furnish such information respecting the dealings of the pharmacist in any narcotic in such form and at such times as the Minister may require; (b) make available and produce to an inspector upon request his special narcotic 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 narcotics on his premises.
Narcotic Control Regulations — 42
Loss or theft — report 42 A pharmacist shall report to the Minister any loss or theft of a narcotic within 10 days of his discovery thereof.
Narcotic Control Regulations — 43
Loss or theft — protective measures 43 A pharmacist shall take all reasonable steps that are necessary to protect narcotics on his premises or under his control against loss or theft. SOR/81-361, s. 4; SOR/85-588, s. 17
Narcotic Control Regulations — 44
Preparing narcotic – approval of formula 44 (1) No pharmacist shall prepare a narcotic unless the Minister has approved the formula thereof, and if such narcotic is a preparation described in section 36, has approved the label and the size of the container in which it will be sold. Record — preparation (2) A pharmacist who prepares a narcotic shall, in addition to all other records required to be kept, keep a record of the following: (a) the kind and quantity of any narcotic used in the preparation; (b) the name and quantity of the narcotic prepared; and (c) the date that the prepared narcotic was placed in stock. Definition of prepare (3) For the purposes of this section, “prepare” does not include the compounding of a narcotic pursuant to a prescription of a practitioner.
Narcotic Control Regulations — 45
Written order 45 (1) A pharmacist may, on receiving a written order for a narcotic (a) return the narcotic to the licensed dealer who sold or provided it to the pharmacist, if the order is signed and dated by the licensed dealer; or (b) sell or provide to another pharmacist the quantity of the narcotic that is specified in the order as being required for emergency purposes, if the order is signed and dated by the other pharmacist. Record (2) A pharmacist shall, immediately after returning, selling or providing a narcotic under subsection (1) or after receiving a narcotic under paragraph (1)(b) or subsection 65(4), enter the details of the transaction in a book, register or other record maintained for the purpose of recording such transactions. Notice to Minister (3) A pharmacist shall forthwith after removing, transporting or transferring a narcotic from his place of business to any other place of business operated by him notify the Minister setting out the details thereof. SOR/81-361, s. 5; SOR/85-588, s. 18; SOR/2004-237, s. 19; SOR/2013-119, s. 213(E); SOR/2014-260, s. 24(E)