GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Controlled Substances Regulations — Controlled Substances Regulations
prescription means an authorization given by a practitioner that a stated amount of a controlled substance, other than a restricted drug, be sold or provided for the individual named or the animal identified in it. ( prescription )
Controlled Substances Regulations — Controlled Substances Regulations
qualified person in charge means the individual designated under subsection 9 (1). ( responsable qualifié )
Controlled Substances Regulations — Controlled Substances Regulations
restricted drug means a substance that is set out in Schedule 4. ( drogue d’utilisation restreinte )
Controlled Substances Regulations — Controlled Substances Regulations
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 )
Controlled Substances Regulations — Controlled Substances Regulations
send does not include sending by mail. ( expédition )
Controlled Substances Regulations — Controlled Substances Regulations
senior person in charge means the individual designated under section 8 . ( responsable principal )
Controlled Substances Regulations — Controlled Substances Regulations
specialized in destruction , in relation to a licensed dealer, describes a dealer whose licence specifies that it only deals in the destruction of controlled substances. ( spécialisé en destruction )
Controlled Substances Regulations — Controlled Substances Regulations
targeted substance means a substance set out in Schedule 3. ( substance ciblée )
Controlled Substances Regulations — (a)
test kit means a kit (a) that contains a controlled substance and an adulterating or denaturing agent; (b) that is used to test for a controlled substance; and (c) the contents of which are not intended or likely to be consumed by, or administered to, an individual or animal. ( trousse d’essai )
Controlled Substances Regulations — 2
Non-application — member of police force 2 The following persons are exempt from the application of these Regulations if, in respect of their activity, they are exempt from the application of sections 5 to 7.1 of the Act by virtue of the Controlled Drugs and Substances Act (Police Enforcement) Regulations : (a) a member of a police force , as defined in section 1 of those regulations; or (b) a person acting under the direction and control of that member.
Controlled Substances Regulations — 3
Controlled drug — Part 3 of Schedule 2 3 The Act and these Regulations do not apply in respect of a finished product that contains a controlled drug set out in Part 3 of Schedule 2 and that is (a) in a form that allows the sustained release of an active ingredient over a certain period of time; and (b) intended for insertion under the skin of a food-producing animal for the purpose of increasing weight gain and improving feed efficiency.
Controlled Substances Regulations — 4
Authorizations — agents and mandataries 4 An agent or mandatary of a person, including an employee of that person or another person that is acting under a contract with that person, may conduct an activity if the following conditions are met: (a) in the case of the person, (i) the person is authorized under these Regulations to conduct the activity, and (ii) if applicable, the provincial professional regulatory authority of the province in which they are practising does not prohibit the delegation of the activity to the agent or mandatary; and (b) in the case of the agent or mandatary, (i) if applicable, they are authorized by the provincial professional regulatory authority of the province in which they are practising to conduct the activity, (ii) the agent or mandatary does so as part of their role as agent or mandatary or their employment duties and functions or in the performance of their contract, and (iii) the agent or mandatary complies with the requirements that apply to the person referred to in paragraph (a).
Controlled Substances Regulations — 5
Authorized persons 5 (1) A person referred to in subsection (2) is authorized to possess any of the following controlled substances if the person has obtained the substance in accordance with these Regulations, in the course of acts conducted in connection with the administration or enforcement of an Act or regulation or from a person exempted under subsection 56(1) of the Act from the application of subsection 5(1) of the Act with respect to that controlled substance: (a) a narcotic set out in Schedule 1; (b) a controlled drug set out in Part 1 of Schedule 2; (c) a targeted substance set out in Part 1 of Schedule 3. Conditions (2) An authorized person is (a) a person that conducts an activity, with respect to the controlled substance, that is necessary for their business or the practice of their profession and that is (i) a licensed dealer, (ii) a pharmacist or pharmacy technician, other than one who is practising in a hospital, or (iii) a practitioner who is registered and entitled to practise in (A) the province in which they possess the controlled substance, or (B) a province other than the province in which they possess the controlled substance, if they possess the substance for emergency medical purposes only; (b) a hospital; (c) the Minister; (d) an inspector, member of the Royal Canadian Mounted Police, peace officer or member of the technical or scientific staff of the federal government, a provincial government or a university in Canada who possesses the controlled substance in connection with their employment; (e) a particular person that possesses the substance for the purposes of destruction; or (f) an individual who (i) has obtained the controlled substance for their own use, for the use of another individual or for an animal in accordance with a prescription that was issued or obtained in accordance with these Regulations from one of the following persons: (A) a practitioner, or (B) a pharmacist, or (ii) has imported the controlled substance (A) for their own use, (B) for the use and on the behalf of an accompanying individual, or (C) for an animal for which the individual is responsible and that is accompanying the individual. Agent or mandatary — person in paragraph (2)(d) (3) An agent or mandatary of a person referred to in paragraph (2)(d) may only have a controlled substance set out in subsection (1) in their possession if (a) they have reasonable grounds to believe that person is a person referred to in paragraph (2)(d); and (b) they possess the controlled substance for the purpose of assisting that person in the administration or enforcement of an Act or regulation. Export (4) A licensed dealer, the Minister, a government laboratory or an individual referred to in section 226 may possess a controlled substance, other than a restricted drug, for the purpose of exporting it if the substance was obtained in accordance with these Regulations.
Controlled Substances Regulations — 6
Authorized persons 6 (1) The following persons are authorized to possess any restricted drug listed in Part 1 of Schedule 4 if that person has obtained the drug in accordance with these Regulations or in the course of acts conducted in connection with the administration or enforcement of an Act or regulation: (a) a licensed dealer; (b) a pharmacist or pharmacy technician, other than one who is practising in a hospital; (c) a practitioner who is named in a letter of authorization; (d) the Minister; (e) an inspector, member of the Royal Canadian Mounted Police, peace officer or member of the technical or scientific staff of the federal government, a provincial government or a university in Canada who possesses the restricted drug in connection with their employment; (f) a particular person that possesses the substance for the purposes of destruction; and (g) an individual who has obtained the restricted drug for their own use from a practitioner named in a letter of authorization. Agent or mandatary — person in paragraph (1)(e) (2) An agent or mandatary of a person referred to in paragraph (1)(e) may only have a restricted drug listed in Part 1 of Schedule 4 in their possession if (a) they have reasonable grounds to believe that person is a person referred to in paragraph (1)(e); and (b) they possess the restricted drug for the purpose of assisting that person in the administration or enforcement of an Act or regulation. Export (3) A licensed dealer, the Minister or a government laboratory may possess a restricted drug for the purpose of exporting it if the drug was obtained in accordance with these Regulations.
Controlled Substances Regulations — 7
Activities 7 (1) Persons referred to in subsection (2) are required to obtain a dealer’s licence for each site at which that person intends to conduct one of the following activities: (a) producing a controlled substance, unless the person doing so is (i) a pharmacist or pharmacy technician who is compounding a finished product in accordance with these Regulations, or (ii) a government laboratory; (b) packaging, selling, providing, delivering, sending or transporting a controlled substance, unless the person doing so is: (i) a pharmacist or pharmacy technician who is not practising in a hospital, (ii) a practitioner, (iii) a hospital, (iv) the Minister, (v) a government laboratory, (vi) a particular person, or (vii) an individual referred to in section 223 or 224 ; (c) importing or exporting a controlled substance, unless the person doing so is (i) the Minister, (ii) a government laboratory, or (iii) an individual referred to in section 225 or 226 ; and (d) destroying a controlled substance, if that is the only activity that the person intends to conduct. Eligible persons (2) The persons that are eligible to obtain a dealer’s licence are (a) an individual who ordinarily resides in Canada; (b) an organization 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 controlled substances on behalf of the government of Canada or of a province, a police force, a hospital or a university in Canada.
Controlled Substances Regulations — 8
Senior person in charge 8 (1) An applicant for a dealer’s licence must designate only one individual, who may be the applicant if the applicant is an individual, as the senior person in charge who has overall responsibility for management of the activities with respect to controlled substances that are specified in the licence application. Qualifications (2) Only an individual who has sufficient knowledge of the provisions of the Act and these Regulations that are applicable to the activities specified in the licence application to properly carry out their duties may be designated as a senior person in charge.
Controlled Substances Regulations — 9
Qualified person in charge 9 (1) An applicant for a dealer’s licence must designate only one individual, who may be the applicant if the applicant is an individual, as the qualified person in charge who is responsible for supervising the activities with respect to controlled substances that are specified in the licence application and for ensuring that those activities comply with these Regulations, as well as with any terms or conditions of the licence and any permit issued under these Regulations. Alternate qualified person in charge (2) An applicant for a dealer’s licence may designate an individual, who may be the applicant if the applicant is an individual, as an alternate qualified person in charge who is authorized to replace the qualified person in charge when that person is absent. Qualifications (3) Only an individual who meets the following requirements may be designated as a qualified person in charge or an alternate qualified person in charge: (a) they work at the site specified in the dealer’s licence application; (b) they (i) hold a diploma, certificate or credential awarded by a post-secondary educational institution in Canada in a field or occupation that is relevant to their duties, such as pharmacy, medicine, dentistry, veterinary medicine, pharmacology, chemistry, biology, pharmacy technician, laboratory technician, pharmaceutical regulatory affairs or supply chain management or security, or (ii) hold a diploma, certificate or credential that is awarded by a foreign educational institution in a field or occupation referred to in subparagraph (i) and hold one of the following assessments that establishes the equivalency of the diploma, certificate or credential to one of the documents referred to in that subparagraph: (A) an equivalency assessment as defined in subsection 73(1) of the Immigration and Refugee Protection Regulations , or (B) an equivalency assessment issued by an institution or organization that is responsible for issuing equivalency assessments and is recognized by a province; (c) they have sufficient knowledge of and experience with the use and handling of the controlled substances specified in the dealer’s licence application to properly carry out their duties; and (d) they have sufficient knowledge of the provisions of the Act and these Regulations that are applicable to the activities specified in the dealer’s licence application to properly carry out their duties. Exception (4) An applicant for a dealer’s licence may designate an individual who does not meet any of the requirements set out in paragraph (3)(b) as a qualified person in charge or an alternate qualified person in charge if (a) no other individual working at the site meets those requirements; (b) those requirements are not necessary for the activities specified in the licence application; and (c) the individual has sufficient knowledge acquired from any combination of education, training and work experience to properly carry out their duties.
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Ineligibility 10 (1) An individual is not eligible to be a senior person in charge, a qualified person in charge or an alternate qualified person in charge if, during the 10 years before the day on which the dealer’s licence application is submitted, (a) in respect of a designated substance offence, a cannabis offence or any other offence referred to in subsection (2), the individual (i) was convicted as an adult, or (ii) was a young person who received an adult sentence , as those terms are defined in subsection 2(1) of the Youth Criminal Justice Act ; or (b) in respect of an offence committed outside Canada that, if committed in Canada, would have constituted a designated substance offence, a cannabis offence or any other offence referred to in subsection (2), (i) the individual was convicted as an adult, or (ii) if they committed the offence when they were at least 14 years old but less than 18 years old, the individual received a sentence that was longer than the maximum youth sentence , as that term is defined in subsection 2(1) of the Youth Criminal Justice Act , that could have been imposed under that Act for such an offence. Other offences (2) For the purposes of subsection (1), the other offences are (a) an offence involving the financing of terrorism referred to in any of sections 83.02 to 83.04 of the Criminal Code ; (b) an offence involving fraud referred to in any of sections 380 to 382 of the Criminal Code ; (c) the offence of laundering proceeds of crime referred to in section 462.31 of the Criminal Code ; (d) an offence involving a criminal organization referred to in any of sections 467.11 to 467.13 of the Criminal Code ; and (e) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in any of paragraphs (a) to (d).
Controlled Substances Regulations — 11
s corporate name and any other name registered with a province, and (iii) the permit or licence that is issued by the municipality in which its site is located that authorizes the business to operate, if applicable; (b) individual declarations, signed and dated by each of the proposed senior person in charge, the qualified person in charge and any proposed alternate qualified person in charge, attesting that the signatory is not ineligible for a reason specified in section 10 ; (c) a document issued by a Canadian police force or by a business that is accredited by the Royal Canadian Mounted Police in relation to each person referred to in paragraph (b) indicating whether, during the 10 years before the day on which the application is submitted, the person was convicted as specified in subparagraph 10 (1)(a)(i) or received a sentence as specified in subparagraph 10 (1)(a)(ii); (d) if any of the persons referred to in paragraph (b) has ordinarily resided in a country other than Canada during the 10 years before the day on which the application is submitted, a document issued by a police force of that country indicating whether in that period that person was convicted as specified in subparagraph 10 (1)(b)(i) or received a sentence as specified in subparagraph 10 (1)(b)(ii); (e) a declaration, signed and dated by the proposed senior person in charge, attesting that they have the knowledge required under subsection 8 (2) and that the proposed qualified person in charge and any proposed alternate qualified person in charge have the knowledge and experience required under paragraphs 9 (3)(c) and (d); (f) with respect to the proposed qualified person in charge or any proposed alternate qualified person in charge, a copy of their diploma, certificate or credential referred to in paragraph 9 (3)(b) and, if applicable, the equivalency assessment referred to in subparagraph 9 (3)(b)(ii); and (g) if the proposed qualified person in charge or any proposed alternate qualified person in charge does not meet the requirement set out in paragraph 9 (3)(b), a detailed description of the education, training and work experience that is required under paragraph 9 (4)(c), together with supporting documents, such as a copy of a course transcript or an attestation by the person who provided the training. Signature and attestation (3) The application must (a) be signed and dated by the proposed senior person in charge; and (b) include an attestation by that person that (i) all of the information and documents submitted in support of the application are correct and complete to the best of their knowledge, and (ii) they have the authority to bind the applicant. Additional information and documents (4) The applicant 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.
Controlled Substances Regulations — 12
Issuance 12 (1) Subject to section 14 , on completion of the review of the licence application, the Minister must issue a dealer’s licence, with or without terms and conditions, that contains (a) the licence number; (b) if the licensed dealer is an individual, their name and, if applicable, title, or if the licensed dealer is an organization, the name by which it intends to identify itself or under which it intends to conduct the activities specified in the licence; (c) the specified activities and, for each activity, the name of the controlled substance that is set out in any of Schedules 1 to 4 or that is contained in a mixture or finished product; (d) the municipal address of the site at which the activity is to be conducted; (e) the security level at the site, determined in accordance with the Security Directive; (f) the effective date of the licence; (g) the expiry date of the licence, which must not be later than three years after its effective date; (h) any terms and conditions that the Minister has reasonable grounds to believe are necessary to (i) ensure that an international obligation is respected, (ii) ensure conformity with the requirements associated with the security level that is referred to in paragraph (e), or (iii) reduce a risk to public health or safety, including the risk that a controlled substance could be diverted to an illicit market or use; and (i) if the licensed dealer produces a controlled substance that is set out in any of Schedules 1 to 4, the quantity that the licensed dealer may produce and the production period. Licence integrity (2) A person must not alter or deface in any manner a dealer’s licence.
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Validity 13 A dealer’s licence is valid until the expiry date set out in the licence or, if it is earlier, the date of the suspension or revocation of the licence under section 32 or 33 .
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Application 15 (1) To apply to renew a dealer’s licence, a licensed dealer must submit to the Minister an application that contains the information and documents referred to in subsections 11 (1) and (2). Signature and attestation (2) The application must (a) be signed and dated by the senior person in charge of the site specified in the application; and (b) include an attestation by that person that (i) all of the information and documents submitted in support of the application are correct and complete to the best of their knowledge, and (ii) they have the authority to bind the licensed dealer. 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.
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Renewal 16 (1) Subject to section 18 , on completion of the review of the renewal application, the Minister must issue a renewed dealer’s licence that contains the information specified in subsection 12 (1). Terms or conditions (2) When renewing a dealer’s licence, the Minister may, if the Minister has reasonable grounds to believe that it is necessary to do so, add a term or condition to it or modify or delete a term or condition in order to (a) ensure that an international obligation is respected; (b) ensure conformity with the requirements associated with the security level specified in the licence or the new level required as a result of the licence renewal; or (c) reduce a risk to public health or safety, including the risk that a controlled substance could be diverted to an illicit market or use.
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Validity 17 A renewed dealer’s licence is valid until the expiry date set out in the licence or, if it is earlier, the date of the suspension or revocation of the licence under section 32 or 33 .
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Application 19 (1) Before making a change affecting any information that is contained in their dealer’s licence, a licensed dealer must submit to the Minister an application to amend the licence that contains a description of the proposed amendment, as well as the information and documents referred to in subsections 11 (1) and (2) that are relevant to the proposed amendment. Signature and attestation (2) The application must (a) be signed and dated by the senior person in charge of the site specified in the application; and (b) include an attestation by that person that (i) all of the information and documents submitted in support of the application are correct and complete to the best of their knowledge, and (ii) they have the authority to bind the licensed dealer. 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.