Benzodiazepines and Other Targeted Substances Regulations

Marginal note:Notice of prohibition of sale

• 79 (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

  • (a) pharmacists practising in the notified pharmacies and all licensed dealers must not sell or provide any targeted substance to the pharmacist or the practitioner named in the notice;

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

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

• Marginal note:Circumstances requiring a notice

  (2) The notice must be sent 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 to send the notice;

  • (b) contravened a rule of conduct established by the provincial professional licensing authority in the province in which the pharmacist or practitioner 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 or practitioner named in the notice is registered and entitled to practise and is practising;

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

  • (d) all pharmacies in an adjacent province in which a prescription or order from the pharmacist or practitioner 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 or practitioner 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 targeted substance under a self-directed prescription or order or, in the absence of a prescription or order, contrary to accepted professional practice;

  • (c) has, on more than one occasion, prescribed, administered or provided a targeted substance to a person who is a spouse, common-law partner, parent or child of the pharmacist or practitioner, including a child adopted in fact, contrary to accepted professional 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 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 or practitioner to whom the notice relates is registered and entitled to practise;

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

  • (c) considered

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

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