Narcotic Control Regulations

59 (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

• (a) licensed dealers and pharmacists practising in the notified pharmacies must not sell or provide to the practitioner named in the notice a narcotic other than a verbal prescription narcotic, a verbal prescription narcotic, or both;

• (a.1) if the practitioner named in the notice is a health care practitioner, the notified licensed producers must not ship dried marihuana to that practitioner;

• (b) pharmacists practising in the notified pharmacies must not fill a prescription or order from the practitioner named in the notice for a narcotic other than a verbal prescription narcotic, a verbal prescription narcotic, or both;

• (c) if the practitioner named in the notice is a health care practitioner, the notified licensed producers must not sell or provide dried marihuana on the basis of a medical marihuana document provided by that practitioner; or

• (d) if the practitioner named in the notice is a health care practitioner, the notified licensed producers must not sell or provide dried marihuana on the basis of an authorization to possess issued under the Marihuana Medical Access Regulations on the basis of a medical declaration made under those Regulations by that practitioner.

• (e) [Repealed, SOR/2013-119, s. 222]

(2) The notice must be issued if the practitioner named in the notice has

• (a) made a request to the Minister in accordance with section 58 to issue the notice;

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

• (c) been found guilty in a court of law of a designated drug offence or of an offence under these Regulations or the Marihuana for Medical Purposes Regulations.

(3) The notice must be issued to

• (a) all licensed dealers;

• (a.1) all licensed producers;

• (b) all pharmacies within the province in which the practitioner named in the notice is registered and practising;

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

• (d) any interested provincial professional licensing authority in another province that has made a request to the Minister for the notice; and

• (e) all pharmacies in an adjacent province in which a prescription or order from the practitioner named in the notice may be filled.

(4) Subject to subsection (5), the Minister may issue the notice described in subsection (1) to the persons and authorities specified in subsection (3), if the Minister, on reasonable grounds, believes that the practitioner named in the notice

• (a) has contravened any of the provisions of section 53, 54 or 55 or paragraphs 70(a) and (b);

• (a.1) has performed an activity referred to in section 128 of the Marihuana for Medical Purposes Regulations in regard to a person who is not under their professional treatment;

• (a.2) has contravened section 129 or 130 of those Regulations;

• (b) has, on more than one occasion, self-administered a narcotic, other than a verbal prescription narcotic, under a self-directed prescription or order or, in the absence of a prescription or order, contrary to accepted medical, dental or veterinary practice;

• (c) has, on more than one occasion, self-administered a verbal prescription narcotic under a self-directed prescription or order or, in the absence of a prescription or order, contrary to accepted medical, dental or veterinary practice;

• (d) has, on more than one occasion, prescribed, 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 practitioner, including a child adopted in fact, contrary to accepted medical, dental or veterinary practice;

• (e) has, on more than one occasion, prescribed, provided or administered a verbal prescription narcotic to a person who is a spouse, common-law partner, parent or child of the practitioner, including a child adopted in fact, contrary to accepted medical, dental or veterinary practice; or

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

(5) In the circumstances described in subsection (4), the Minister must not issue the notice referred to in subsection (1) until the Minister has

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

• (b) given that practitioner an opportunity to present reasons why the notice should not be issued and considered those reasons; and

• (c) considered

  • (i) the compliance history of the practitioner in respect of the Act and the regulations made or continued under it, and

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

(6) In this section, health care practitioner means

• (a) a person who is registered and entitled under the laws of a province to practise medicine in that province; or

• (b) a nurse practitioner within the meaning of section 1 of the New Classes of Practitioners Regulations who is permitted to prescribe dried marihuana in the province in which they practice.