GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Narcotic Control Regulations — 20
Revocation 20 (1) Subject to subsection (2), the Minister must revoke an import permit if (a) the licensed dealer requests the Minister to do so or informs the Minister of the loss or theft of the permit or the actual or potential unauthorized use of the permit; (b) the licensed dealer does not carry out the corrective measures specified by the Minister under paragraph 19(2)(c) by the specified date; (c) the licensed dealer has contravened a term or condition of the permit; (d) the Minister has reasonable grounds to believe that the licensed dealer submitted false or misleading information or false or falsified documents in or in support of the application for the permit; (e) information received from a competent authority or the United Nations gives the Minister reasonable grounds to believe that the licensed dealer has been involved in the diversion of a narcotic to an illicit market or use; or (f) the dealer’s licence has been revoked. Exceptions (2) The Minister must not revoke an import permit for a ground set out in paragraph (1)(d) or 17(1)(e) or (g) if the licensed dealer meets the following conditions, unless the Minister has reasonable grounds to believe that it is necessary to do so to protect public health or safety, including to prevent a narcotic from being diverted to an illicit market or use: (a) the licensed dealer does not have a history of non-compliance with the Act, the Cannabis Act or their regulations; and (b) the licensed dealer has carried out, or signed an undertaking to carry out, the necessary corrective measures to ensure compliance with the Act, the Cannabis Act and their regulations. Notice (3) Before revoking an import permit, the Minister must send the licensed dealer a notice that sets out the Minister’s reasons and gives the dealer an opportunity to be heard. SOR/2019-169, s. 3
Narcotic Control Regulations — 20.1
Return of permit 20.1 If an import permit is revoked, the licensed dealer must return the original of the permit to the Minister within 15 days after the effective date of the revocation. SOR/2019-169, s. 3
Narcotic Control Regulations — 21
Application 21 (1) A licensed dealer must submit to the Minister, before each exportation of a narcotic, an application for an export permit that contains the following information and document: (a) their name, municipal address and dealer’s licence number; (b) with respect to the narcotic to be exported, (i) its name, as specified in the dealer’s licence, (ii) if it is a salt, the name of the salt, (iii) its quantity, and (iv) in the case of a raw material, its purity and its anhydrous content; (c) in the case of the exportation of a product that contains the narcotic, (i) the brand name of the product, (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, and (iii) the strength per unit of the narcotic in the product, the number of units per package and the number of packages; (d) the name and municipal address of the importer in the country of final destination; (e) the name of the customs office where the exportation is anticipated; (f) each proposed mode of transportation to be used and any proposed country of transit or transhipment; and (g) a copy of the import permit issued by the competent authority in the country of final destination that sets out the name of the importer and the municipal address of their site in that country. 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, to the best of their knowledge, (i) the exportation does not contravene any requirement of the laws of the country of final destination or any country of transit or transhipment, and (ii) all of the information and documents submitted in support of the application are correct and complete. 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 — 21.1
Issuance 21.1 Subject to section 21.4, on completion of the review of the export permit application, the Minister must issue to the licensed dealer an export permit that contains (a) the permit number; (b) the information set out in paragraphs 21(1)(a) to (f); (c) the effective date of the permit; (d) the expiry date of the permit, being the earliest of (i) a date specified by the Minister that is not more than 180 days after its effective date, (ii) the expiry date of the dealer’s licence, and (iii) the expiry date of the import permit issued by the competent authority in the country of final destination; and (e) any terms and conditions that the Minister has reasonable grounds to believe are necessary to (i) ensure that an international obligation is respected, or (ii) reduce a risk to public health or safety, including the risk of a narcotic being diverted to an illicit market or use. SOR/2019-169, s. 3
Narcotic Control Regulations — 21.2
Validity 21.2 An export permit is valid until the earliest of (a) the expiry date set out in the permit, (b) the date of the suspension or revocation of the permit under section 22 or 23, (c) the date of the suspension or revocation of the dealer’s licence under section 16 or 17, and (d) the date of the expiry, suspension or revocation of the import permit that applies to the narcotic to be exported and that is issued by the competent authority in the country of final destination. SOR/2019-169, s. 3
Narcotic Control Regulations — 21.3
Return of permit 21.3 If an export permit expires, the licensed dealer must return the original of the permit to the Minister within 15 days after its expiry. SOR/2019-169, s. 3
Narcotic Control Regulations — 21.4
Refusal 21.4 (1) The Minister must refuse to issue an export permit if (a) the licensed dealer is not authorized by their dealer’s licence to export the relevant narcotic or their dealer’s licence will expire before the date of export; (b) the Minister has reasonable grounds to believe that the exportation would contravene an international obligation; (c) the licensed dealer has not complied with the requirements of subsection 21(3) or the information or documents that they have provided are not sufficient to complete the review of the permit application; (d) 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 permit application; (e) the licensed dealer has been notified that their application to renew or amend their licence will be refused; (f) the Minister has reasonable grounds to believe that the exportation would not be in conformity with the import permit issued by the competent authority of the country of final destination; (g) the Minister has reasonable grounds to believe that the exportation would contravene the laws of the country of final destination or any country of transit or transhipment; or (h) the Minister has reasonable grounds to believe that the issuance of the permit would likely create a risk to public health or safety, including the risk of a narcotic being diverted to an illicit market or use. Notice (2) Before refusing to issue the export permit, the Minister must send the licensed dealer a notice that sets out the Minister’s reasons and gives the dealer an opportunity to be heard. SOR/2019-169, s. 3
Narcotic Control Regulations — 21.5
Providing copy of permit 21.5 The holder of an export permit must provide a copy of the permit to the customs office at the time of exportation. SOR/2019-169, s. 3
Narcotic Control Regulations — 21.6
Declaration 21.6 The holder of an export permit must provide the Minister, within 15 days after the day of export of the narcotic specified in the permit, with a declaration that contains the following information: (a) their name and the numbers of their dealer’s licence and the export permit that applies to the narcotic; (b) with respect to the narcotic, (i) its name, as specified in the dealer’s licence, (ii) if it is a salt, the name of the salt, and (iii) its quantity; (c) if the narcotic is contained in a product that they have exported, (i) the brand name of the product, (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, and (iii) the strength per unit of the narcotic in the product, the number of units per package and the number of packages; and (d) the name of the customs office from which the narcotic was exported and the date of export. SOR/2019-169, s. 3
Narcotic Control Regulations — 22
Suspension 22 (1) The Minister must suspend an export permit without prior notice if (a) the dealer’s licence is suspended; (b) the Minister has reasonable grounds to believe that the suspension is necessary to protect public health or safety, including to prevent a narcotic from being diverted to an illicit market or use; or (c) the exportation would contravene the laws of the country of final destination or any country of transit or transhipment. Notice (2) The suspension takes effect as soon as the Minister sends the licensed dealer a notice that (a) sets out the reasons for the suspension; (b) gives the dealer an opportunity to be heard; and (c) if applicable, specifies the corrective measures that must be carried out by the dealer and the date by which the dealer must do so. Reinstatement of permit (3) The Minister must reinstate the export permit if the Minister has reasonable grounds to believe that the suspension is no longer necessary. SOR/2019-169, s. 3
Narcotic Control Regulations — 23
Revocation 23 (1) Subject to subsection (2), the Minister must revoke an export permit if (a) the licensed dealer requests the Minister to do so or informs the Minister of the loss or theft of the permit or the actual or potential unauthorized use of the permit; (b) the licensed dealer does not carry out the corrective measures specified by the Minister under paragraph 22(2)(c) by the specified date; (c) the licensed dealer has contravened a term or condition of the permit; (d) the Minister has reasonable grounds to believe that the licensed dealer submitted false or misleading information or false or falsified documents in or in support of the application for the permit; (e) information received from a competent authority or the United Nations gives the Minister reasonable grounds to believe that the licensed dealer has been involved in the diversion of a narcotic to an illicit market or use; or (f) the dealer’s licence has been revoked. Exceptions (2) The Minister must not revoke an export permit for a ground set out in paragraph (1)(d) or 17(1)(e) or (g) if the licensed dealer meets the following conditions, unless the Minister has reasonable grounds to believe that it is necessary to do so to protect public health or safety, including to prevent a narcotic from being diverted to an illicit market or use: (a) the licensed dealer does not have a history of non-compliance with the Act, the Cannabis Act or their regulations; and (b) the licensed dealer has carried out, or signed an undertaking to carry out, the necessary corrective measures to ensure compliance with the Act, the Cannabis Act or their regulations. Notice (3) Before revoking an export permit, the Minister must send the licensed dealer a notice that sets out the Minister’s reasons and gives the dealer an opportunity to be heard. SOR/85-588, s. 4(E) SOR/2019-169, s. 3
Narcotic Control Regulations — 23.1
Return of permit 23.1 If an export permit is revoked, the licensed dealer must return the original of the permit to the Minister within 15 days after the effective date of the revocation. SOR/2019-169, s. 3
Narcotic Control Regulations — 24
Name 24 A licensed dealer must include their name, as set out in their dealer’s licence, on all the means by which they identify themself in regard to their activities in relation to narcotics, including labels, orders, shipping documents, invoices and advertising. SOR/78-154, s. 3; SOR/85-588, s. 5; SOR/85-930, s. 3; SOR/86-173, s. 2; SOR/99-124, s. 2; SOR/2004-237, s. 11; SOR/2010-221, s. 11; SOR/2012-230, s. 18; SOR/2013-119, s. 209; SOR/2013-172, s. 5; SOR/2014-260, s. 22; SOR/2016-230, s. 266; SOR/2016-239, s. 4; SOR/2018-37, s. 2; SOR/2018-147, s. 9 SOR/2019-169, s. 3
Narcotic Control Regulations — 25
Sale to another licensed dealer 25 A licensed dealer may sell or provide a narcotic to another licensed dealer. SOR/85-588, s. 6(E); SOR/85-930, s. 4; SOR/2003-134, s. 2 SOR/2019-169, s. 3
Narcotic Control Regulations — 25.1
Sale to pharmacist 25.1 (1) Subject to subsection (2), a licensed dealer may sell or provide a narcotic to a pharmacist. Exception — pharmacist named in notice (2) A licensed dealer must not sell or provide to a pharmacist who is named in a notice issued under subsection 48(1) the narcotics referred to in the notice. Retraction (3) Subsection (2) does not apply to a licensed dealer that has received a notice of retraction issued under section 49 in respect of a pharmacist named in a notice issued under subsection 48(1). SOR/2019-169, s. 3
Narcotic Control Regulations — 25.2
Sale to practitioner 25.2 (1) Subject to subsections (2) and (3), a licensed dealer may sell or provide to a practitioner a narcotic other than diacetylmorphine (heroin). Exception — heroin (2) A licensed dealer may sell or provide diacetylmorphine (heroin) to the following practitioners: (a) a practitioner of medicine; (b) a practitioner of dentistry, if practising in a hospital that provides care or treatment to persons; or (c) a nurse practitioner. Exception — practitioner named in notice (3) A licensed dealer must not sell or provide to a practitioner who is named in a notice issued under subsection 59(1) the narcotics referred to in the notice unless the dealer has received a notice of retraction issued under section 60. SOR/2019-169, s. 3
Narcotic Control Regulations — 25.3
Provision to hospital employee 25.3 (1) Subject to subsection (2), a licensed dealer may provide a narcotic to a hospital employee. Exception — heroin (2) A licensed dealer may provide diacetylmorphine (heroin) to a hospital employee only if that hospital provides care or treatment to persons. SOR/2019-169, s. 3
Narcotic Control Regulations — 25.4
Sale to exempted person 25.4 A licensed dealer may sell or provide a narcotic to a person who is exempted under section 56 of the Act with respect to the possession of that narcotic. SOR/2019-169, s. 3
Narcotic Control Regulations — 25.5
Sale to Minister 25.5 A licensed dealer may sell or provide a narcotic to the Minister. SOR/2019-169, s. 3
Narcotic Control Regulations — 25.6
Written order 25.6 A licensed dealer may sell or provide a narcotic under any of sections 25 to 25.5 if (a) the dealer has received a written order that specifies the name and quantity of the narcotic to be supplied and is signed and dated (i) in the case of a narcotic to be provided to a hospital employee or a practitioner in a hospital, by the pharmacist in charge of the hospital’s pharmacy or by a practitioner authorized by the person in charge of the hospital to sign the order, and (ii) in any other case, by the person to whom the narcotic is to be sold or provided; and (b) the dealer has verified the signature, if it is unknown to them. SOR/2019-169, s. 3
Narcotic Control Regulations — 25.7
Verbal order 25.7 (1) A licensed dealer may sell or provide a verbal prescription narcotic under sections 25 to 25.5 if (a) the dealer has received a verbal order that specifies the name and quantity of the narcotic to be supplied; and (b) in the case of the provision of the narcotic to a hospital employee or a practitioner in a hospital, the order has been placed by the pharmacist in charge of the hospital’s pharmacy or by a practitioner authorized by the person in charge of the hospital to place the order. Receipt (2) A licensed dealer that receives a verbal order from a pharmacist or practitioner must, within five working days after filling the order, obtain and keep a receipt that includes (a) the signature of the pharmacist or practitioner who received the narcotic; (b) the date on which the pharmacist or practitioner received the narcotic; and (c) the name and quantity of the narcotic. No further sale without receipt (3) If the licensed dealer has not obtained the receipt within five working days, the dealer must not sell or provide a narcotic to the pharmacist or practitioner in accordance with a further verbal order received from them until after obtaining the receipt. SOR/2019-169, s. 3
Narcotic Control Regulations — 26
Packaging — sale and provision 26 (1) A licensed dealer that sells or provides a narcotic, other than a preparation described in section 36, must securely package it in its immediate container, which must be sealed in such a manner that the container cannot be opened without breaking the seal. Packaging — transport and export (2) A licensed dealer that transports or exports a narcotic must ensure that its package is sealed in such a manner that the package cannot be opened without breaking the seal. Exception (3) Subsection (1) does not apply to a test kit that contains a narcotic and that has a registration number. SOR/2003-134, s. 2 SOR/2019-169, s. 3
Narcotic Control Regulations — 26.1
Transport 26.1 (1) A licensed dealer must, in taking delivery of a narcotic that they have imported or in making delivery of a narcotic, (a) take any measures that are necessary to ensure the security of the narcotic while it is being transported; (b) subject to subsection (2), use a method of transportation that permits an accurate record to be kept of all handling of the narcotic as well as of the signatures of every person handling the narcotic until it is delivered to the consignee; (c) in the case of an imported narcotic, transport it directly to the site specified in their licence after it is released under the Customs Act ; and (d) in the case of a narcotic that is to be exported, transport it directly from the site specified in their licence to the customs office where it will be exported. Exception (2) A licensed dealer may have a verbal prescription narcotic transported by a common carrier. SOR/2019-169, s. 3
Narcotic Control Regulations — 27
Protective measures 27 A licensed dealer must take any measures that are necessary to ensure the security of any narcotic in their possession and any licence or permit in their possession. SOR/78-154, s. 4; SOR/85-588, s. 7; SOR/85-930, s. 5; SOR/99-124, s. 3; SOR/2004-237, s. 12; SOR/2010-221, s. 12; SOR/2012-230, s. 19; SOR/2013-119, s. 210; SOR/2013-172, s. 6; SOR/2014-260, ss. 23(E), 26(F); SOR/2016-239, s. 5; SOR/2018-37, s. 3; SOR/2018-147, s. 10 SOR/2019-169, s. 3
Narcotic Control Regulations — 27.1
Theft or loss — licences and permits 27.1 A licensed dealer that becomes aware of a theft or loss of their licence or permit must provide a written report to the Minister within 72 hours after becoming aware of it. SOR/2019-169, s. 3
Narcotic Control Regulations — 27.2
Theft or unexplainable loss — narcotics 27.2 A licensed dealer that becomes aware of a theft of a narcotic or of a loss of a narcotic that cannot be explained on the basis of normally accepted business activities must (a) provide a written report to a member of a police force within 24 hours after becoming aware of the theft or loss; and (b) provide a written report to the Minister within 72 hours after becoming aware of the theft or loss and include a confirmation that the report required under paragraph (a) has been provided. SOR/2019-169, s. 3
Narcotic Control Regulations — 27.3
Suspicious transaction 27.3 (1) A licensed dealer must provide a written report containing the following information to the Minister within 72 hours after becoming aware of a transaction occurring in the course of their activities that they have reasonable grounds to suspect may be related to the diversion of a narcotic to an illicit market or use: (a) their name, municipal address, telephone number and, if the licensed dealer is a corporation, the position held by the individual making the report; (b) the name and municipal address of the other party to the transaction; (c) details of the transaction, including its date and time, its type, the name and quantity of the narcotic and, in the case of a product or compound, the quantity of every narcotic that it contains; (d) in the case of a product that contains the narcotic, other than a test kit, the drug identification number that is assigned to the product under section C.01.014.2 of the Food and Drug Regulations , if any; and (e) a detailed description of the reasons for those suspicions. Good faith (2) No civil proceedings lie against a licensed dealer for having provided the report in good faith. Non-disclosure (3) A licensed dealer must not disclose that they have provided the report or disclose details of it, with the intent to prejudice a criminal investigation, whether or not a criminal investigation has begun. SOR/2019-169, s. 3
Narcotic Control Regulations — 27.4
Partial protection against self-incrimination 27.4 A report made under any of sections 27.1 to 27.3, or any evidence derived from it, is not to be used or received to incriminate the licensed dealer in any criminal proceeding against them other than a prosecution under section 132, 136 or 137 of the Criminal Code . SOR/2019-169, s. 3
Narcotic Control Regulations — 27.5
Destruction at site 27.5 A licensed dealer that intends to destroy a narcotic 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 destruction is carried out in the presence of two of the following persons, at least one of whom must be a person referred to in subparagraph (i): (i) the senior person in charge, the qualified person in charge or an alternate qualified person in charge, and (ii) a person who works for or provides services to the licensed dealer and holds a senior position; (c) 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 (d) as soon as the destruction is completed, the person who carried out the destruction and each of the two persons referred to in paragraph (b) who were present at the destruction sign and date a joint declaration attesting that the narcotic was completely destroyed, to which each signatory must add their name in printed letters. SOR/2019-169, s. 3