Benzodiazepines and Other Targeted Substances Regulations

Marginal note:Notice to cease providing targeted substances

• 79 (1) In the circumstances set out 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 working in the notified pharmacies must not sell or provide any targeted substance to the pharmacist or practitioner named in the notice;

  • (b) pharmacists working in the notified pharmacies must not fill a prescription or order for any targeted substance written by the practitioner named in the notice; or

  • (c) both paragraphs (a) and (b) apply with respect to the practitioner named in the notice.

• Marginal note:Circumstances

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

  • (a) made a request to the Minister in accordance with subsection 57(1) or section 62, as the case may be, to issue the notice;

  • (b) contravened a rule of conduct established by the licensing authority of the province in which the pharmacist or practitioner is practising and that 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 substance offence or of an offence under these Regulations.

• Marginal note:Recipients

  (3) The notice must be issued to

  • (a) all licensed dealers;

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

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

  • (d) any interested licensing authority in another province; and

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

• Marginal note:Other circumstances

  (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 pharmacist or practitioner named in the notice

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

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

  • (c) has, on more than one occasion, prescribed, provided or administered a targeted substance to a spouse, parent or child, contrary to accepted pharmaceutical, medical, dental or veterinary practice; or

  • (d) is unable to account for a quantity of targeted substance for which the pharmacist or practitioner was responsible under these Regulations.

• Marginal note:Measures before issuance

  (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 licensing authority of the province in which the pharmacist or practitioner to whom the notice relates is registered or entitled to practise;

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

  • (c) considered

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

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