Narcotic Control Regulations (C.R.C., c. 1041)

Marginal note: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.

Marginal note: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.

Marginal note: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.

General Obligations of Pharmacist

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Return or Emergency Sale

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Communication of Information by Minister to Licensing Authority

Marginal note:Contraventions by pharmacist

46 The Minister must 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 that is responsible for the authorization of the person to practise their profession

• (a) in the province in which the pharmacist is or was entitled to practise if

  • (i) the authority submits to the Minister a written request that sets out the pharmacist’s name and address, a description of the information being requested and a statement that the information is required for the purpose of assisting a lawful investigation by the authority, or

  • (ii) the Minister has reasonable grounds to believe that the pharmacist has

    • (A) contravened a rule of conduct established by the authority,

    • (B) been convicted of a designated substance offence, or

    • (C) contravened these Regulations; or

• (b) in a province in which the pharmacist is not entitled to practise, if the authority submits to the Minister

  • (i) a written request that sets out the pharmacist’s name and address and a description of the information being requested, and

  • (ii) a document that shows that

    • (A) the pharmacist has applied to that authority to practise in that province, or

    • (B) the authority has reasonable grounds to believe that the pharmacist is practising in that province without being authorized to do so.

Notice of Prohibition of Sale

Marginal note:Request by pharmacist

47 A pharmacist may make a written request to the Minister to send to the persons and authorities specified in subsection 48(3) a notice, issued under section 48, advising them of one or more of the following requirements:

• (a) recipients of the notice must not sell or provide a narcotic, other than a verbal prescription narcotic, to that pharmacist;

• (b) recipients of the notice must not sell or provide a verbal prescription narcotic, other than a preparation mentioned in section 36, to that pharmacist; and

• (c) the recipients of the notice must not sell or provide a preparation mentioned in section 36 to that pharmacist.

Marginal note:Notice by Minister

• 48 (1) In the circumstances described in subsection (2), the Minister must send a notice to the persons and authorities specified in subsection (3) advising them that pharmacists practising in the notified pharmacies and licensed dealers must not sell or provide to the pharmacist named in the notice one or more of the following:

  • (a) a narcotic, other than a verbal prescription narcotic;

  • (b) a verbal prescription narcotic, other than a preparation mentioned in section 36; or

  • (c) a preparation mentioned in section 36.

• Marginal note:Circumstances requiring a notice

  (2) The notice must be sent if the pharmacist named in the notice has

  • (a) made a request to the Minister in accordance with section 47 to send the notice;

  • (b) contravened a rule of conduct established by the provincial professional licensing authority of the province in which the pharmacist is practising and the authority has requested the Minister in writing to send the notice; or

  • (c) been convicted of a designated substance offence or of a contravention of these Regulations.

• Marginal note:Recipients

  (3) The notice must be sent to

  • (a) all licensed dealers;

  • (b) all pharmacies within the province in which the pharmacist named in the notice is entitled to practice and is practising;

  • (c) the provincial professional licensing authority of the province in which the pharmacist named in the notice is entitled to practise;

  • (d) all pharmacies in an adjacent province in which an order from the pharmacist named in the notice may be filled; and

  • (e) any provincial professional licensing authority in another province that has requested the Minister in writing to send the notice.

• Marginal note:Other circumstances

  (4) The Minister may send the notice described in subsection (1) to the persons and authorities specified in subsection (3) if the Minister has taken the measures specified in subsection (5) and has reasonable grounds to believe that the pharmacist named in the notice

  • (a) has contravened a provision of the Act or these Regulations;

  • (b) has, on more than one occasion, self-administered a narcotic, other than a verbal prescription narcotic, contrary to accepted pharmaceutical practice;

  • (c) has, on more than one occasion, self-administered a verbal prescription narcotic, other than a preparation mentioned in section 36, contrary to accepted pharmaceutical practice;

  • (d) has, on more than one occasion, provided or administered a narcotic, other than a verbal prescription narcotic, to a person who is a spouse, common-law partner, parent or child of the pharmacist, including a child adopted in fact, contrary to accepted pharmaceutical practice;

  • (e) has, on more than one occasion, provided or administered a verbal prescription narcotic, other than a preparation mentioned in section 36, to a person who is a spouse, common-law partner, parent or child of the pharmacist, including a child adopted in fact, contrary to accepted pharmaceutical practice; or

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

• Marginal note:Measures before sending notice

  (5) The measures that must be taken before sending the notice are that the Minister has

  • (a) consulted with the provincial professional licensing authority of the province in which the pharmacist to whom the notice relates is entitled to practise;

  • (b) given that pharmacist an opportunity to be heard; and

  • (c) considered

    • (i) the compliance history of the pharmacist in respect of the Act and its regulations, and

    • (ii) whether the actions of the pharmacist pose a risk to public health or safety, including the risk of the narcotic being diverted to an illicit market or use.

Marginal note:Notice of retraction

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

• (a) in the circumstance described in paragraph 48(2)(a), the requirements set out in subparagraphs (b)(i) and (ii) have been met and one year has elapsed since the notice was sent by the Minister; or

• (b) in a circumstance described in any of paragraphs 48(2)(b) and (c) and (4)(a) to (f), the pharmacist named in the notice has

  • (i) requested in writing that a retraction of the notice besent, and

  • (ii) provided a letter from the provincial professional licensing authority of the province, in which the pharmacist is entitled to practise, in which the authority consents to the retraction of the notice.

50 to 52 [Repealed, SOR/2003-134, s. 4]

Practitioners

Administer, Prescribe or Sell Narcotics

Marginal note:Restriction

• 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.

• Marginal note:Conditions

  (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

  • (a) the person or animal is a patient under their professional treatment; and

  • (b) the narcotic is required for the condition for which the person or animal is receiving treatment.

• (3) [Repealed, SOR/2018-37, s. 6]

• Marginal note:Heroin

  (4) A practitioner of dentistry or veterinary medicine shall not administer diacetylmorphine (heroin) to an animal or to a person who is not an in-patient or out-patient of a hospital providing care or treatment to persons, and shall not prescribe, sell or provide diacetylmorphine (heroin) for an animal or such a person.

• (5) [Repealed, SOR/2018-147, s. 16]