Cannabis Regulations (SOR/2018-144)

Marginal note:Distribution — hospital

• 175 (1) Subject to section 174, a pharmacist may distribute a prescription drug to a hospital employee or a practitioner in a hospital in accordance with a written order signed and dated by a pharmacist or practitioner authorized by the individual in charge of the hospital to sign the order.

• Marginal note:Signature

  (2) Before distributing the prescription drug, the pharmacist receiving the order must verify the signature on the order, if it is unknown to them.

Marginal note:Security obligations

176 A pharmacist must, with respect to a prescription drug on their premises or for which they are responsible,

• (a) take reasonable steps to protect it against theft or loss; and

• (b) notify the Minister, in writing, within 10 days after becoming aware of its theft or loss.

Marginal note:Record keeping

• 177 (1) A pharmacist who sells, distributes or administers a prescription drug must retain a record of the following information:

  • (a) in the case of a sale, distribution or administration to a person in accordance with a written order or prescription,

    • (i) the name of the pharmacist,

    • (ii) the name and address of the pharmacist or practitioner who issued the order or of the practitioner who issued the prescription,

    • (iii) the name and address of the person to which the drug was sold, distributed or administered,

    • (iv) the brand name, quantity and form of the drug,

    • (v) the date on which the drug was sold, distributed or administered, and

    • (vi) in the case of a prescription, the number assigned to it; and

  • (b) in the case of a sale, distribution or administration to a person that is exempt under section 140 of the Act with respect to the possession of the drug,

    • (i) the name of the pharmacist,

    • (ii) the name and address of the person to which the drug was sold, distributed or administered,

    • (iii) the brand name, quantity and form of the drug, and

    • (iv) the date on which the drug was sold, distributed or administered.

• Marginal note:Non-application

  (2) Subsection (1) does not apply to a pharmacist who sells or distributes a prescription drug under subsection 178(1) or 178.1(1).

Marginal note:Sale and distribution for emergency purposes

• 178 (1) Subject to section 174, a pharmacist may sell or distribute a prescription drug for emergency purposes to another pharmacist in accordance with a written order that is signed and dated by the other pharmacist.

• Marginal note:Record keeping — selling and distributing

  (2) A pharmacist must, after selling or distributing a prescription drug under subsection (1) or after receiving such a drug under subsection (1) or subsection 193(3), enter the details of the transaction in a record retained for such purposes.

• Marginal note:Record keeping — removing, transporting and transferring

  (3) A pharmacist must, after removing, transporting or transferring a prescription drug from one place of business operated by the pharmacist to another, enter the details of the transaction in a record retained for such purposes.

Marginal note:Sale and distribution — no emergency

• 178.1 (1) Subject to section 174, a pharmacist may, in circumstances other than an emergency, sell or distribute a prescription drug to another pharmacist, in accordance with a written order that is signed and dated by the other pharmacist, if

  • (a) they do so for the purpose of fulfilling a prescription received by the other pharmacist; or

  • (b) they are ceasing to practise at the pharmacy where the drug is sold or distributed.

• Marginal note:Signature

  (2) Before selling or distributing the prescription drug, the pharmacist receiving the order must verify the signature if it is unknown to them.

• Marginal note:Record keeping

  (3) The pharmacist who sells or distributes the prescription drug and the pharmacist to whom it is sold or distributed must each retain a record of the following information:

  • (a) in the case of the pharmacist who sells or distributes the drug,

    • (i) their name,

    • (ii) the name and address of the pharmacist to whom they sell or distribute the drug,

    • (iii) the brand name, quantity and form of the drug, and

    • (iv) the date of the sale or distribution of the drug; and

  • (b) in the case of the pharmacist to whom the drug is sold or distributed,

    • (i) their name,

    • (ii) the name and address of the pharmacist who sells or distributes the drug to them,

    • (iii) the brand name, quantity and form of the drug, and

    • (iv) the date on which the drug is received.

Marginal note:Retention period

• 179 (1) Subject to subsections (2) and (3), a pharmacist must ensure that the records that the pharmacist is required to retain under this Part are retained for at least two years after the day on which they are prepared.

• Marginal note:Ceasing to practise

  (2) If the pharmacist ceases to practise at the pharmacy where the records are prepared, the pharmacist who is responsible for the operations of that pharmacy must ensure that any records for which the two-year retention period has not ended are retained for the remainder of that retention period.

• Marginal note:Ceasing operations

  (3) If the pharmacy where the pharmacist practises ceases its operations, the person responsible for those operations on the date those operations cease must ensure that any records for which the two-year retention period has not ended are retained for the remainder of that retention period.

Marginal note:Factual information

180 The Minister must provide in writing any factual information about a pharmacist with respect to cannabis that has been obtained under the Act or the Controlled Drugs and Substances Act to the provincial professional regulatory authority that is responsible for the authorization of individuals 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 an investigation by the authority, or

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

    • (A) contravened, in relation to cannabis, a rule of conduct established by the authority,

    • (B) been convicted of a designated offence or a controlled substance offence in relation to cannabis,

    • (C) contravened these Regulations, or

    • (D) has contravened the former Narcotic Control Regulations in relation to cannabis; 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 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.

Marginal note:Notice — prohibition to sell or distribute

• 181 (1) A pharmacist may make a written request to the Minister to send a notice advising that the following persons must not sell or distribute any prescription drug to the pharmacist:

  • (a) all holders of a cannabis drug licence; and

  • (b) all pharmacies in the province in which the pharmacist who is named in the notice is entitled to practise.

• Marginal note:Recipients

  (2) The Minister must, in the circumstances set out in subsection (3), issue the notice referred to in subsection (1) to the following persons and authorities:

  • (a) the pharmacist who is named in the notice;

  • (b) all holders of a cannabis drug licence;

  • (c) all pharmacies in the province in which the pharmacist is entitled to practise;

  • (d) the applicable provincial professional regulatory authority for the province in which the pharmacist is entitled to practise; and

  • (e) on request, the applicable provincial professional regulatory authority for any province other than the province referred to in paragraph (d).

• Marginal note:Mandatory notice

  (3) The notice must be issued if the pharmacist

  • (a) made a request to the Minister in accordance with subsection (1);

  • (b) contravened a rule of conduct, in relation to cannabis, established by the provincial professional regulatory authority for the province in which the pharmacist is practising and that provincial professional regulatory authority has requested the Minister in writing to issue the notice;

  • (c) has been convicted of any of the following:

    • (i) a designated offence,

    • (ii) a controlled substance offence in relation to cannabis, or

    • (iii) an offence under the former Narcotic Control Regulations in relation to cannabis; or

  • (d) the Minister has reasonable grounds to believe that the pharmacist has contravened this Part or Part 9.

• Marginal note:Optional notice

  (4) The Minister may issue the notice to the persons and authorities referred to in subsection (2) if the Minister, on reasonable grounds, believes that the pharmacist named in the notice

  • (a) has contravened section 171, subsection 172(1) or (2), section 174, 175 or 176 or subsection 178(1) or 178.1(1) or (2);

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

  • (c) has, on more than one occasion, distributed or administered a prescription drug to their spouse, common-law partner, parent or child, including a child adopted in fact, contrary to accepted pharmaceutical practice; or

  • (d) is unable to account for the quantity of prescription drugs for which the pharmacist was responsible under this Part or Part 9.

• Marginal note:Prerequisite

  (5) Before issuing a notice under subsection (4), the Minister must

  • (a) consult with the provincial professional regulatory authority for the province in which the pharmacist to whom the notice relates is entitled to practise;

  • (b) send to the pharmacist a written notice that indicates the reasons why a notice is being considered and give them an opportunity to present reasons why the notice should not be issued; and

  • (c) consider

    • (i) any reasons that have been presented by the pharmacist under paragraph (b),

    • (ii) the compliance history of the pharmacist in respect of the Act and its regulations, the Controlled Drugs and Substances Act and the former Narcotic Control Regulations with respect to cannabis, and

    • (iii) whether the actions of the pharmacist pose a significant risk to public health or public safety, including the risk of any prescription drug being diverted to an illicit market or activity.

Marginal note:Retraction of notice

• 182 (1) The Minister must retract a notice that was issued under subsection 181(2) or (4) if

  • (a) the pharmacist who is named in the notice has requested in writing that it be retracted;

  • (b) the pharmacist has provided a letter from the applicable provincial professional regulatory authority for the province in which the pharmacist is entitled to practise that states that the authority consents to the retraction of the notice; and

  • (c) in the case where the notice was issued at the request of the pharmacist, one year has elapsed since the notice was issued.

• Marginal note:Obligation to notify

  (2) If the Minister retracts a notice, he or she must notify, in writing, the persons and authorities to which the notice was issued under subsection 181(2) or (4).

Practitioners

Marginal note:Sale, distribution and administration

183 Subject to the other provisions of these Regulations, a practitioner is authorized to administer a drug containing cannabis to an individual or animal, or sell or distribute it for an individual or animal if

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

• (b) the drug is required for the condition for which the individual or animal is receiving treatment.

Marginal note:Return and destruction

• 184 (1) A practitioner is authorized to sell or distribute a drug containing cannabis, in accordance with a written order, to

  • (a) the holder of a cannabis drug licence from which the practitioner received the drug, if the drug is sold or distributed for the purpose of its return; and

  • (b) a holder of a cannabis drug licence or a licensed dealer, if the drug is sold or distributed for the purpose of its destruction.

• Marginal note:Written Order

  (2) The written order must contain

  • (a) the quantity and strength per unit of the drug as well as its proper name or common name or, in the case of a prescription drug, its brand name; and

  • (b) if the sale or distribution is for the purpose of its destruction, an attestation that states that the sole purpose of the order is the destruction of the drug and that is signed and dated by, or on behalf of, the holder of the cannabis drug licence or the licensed dealer, as the case may be.

• Marginal note:Record keeping

  (3) The practitioner must prepare a record with respect to the drug that sets out

  • (a) its form, quantity and strength per unit as well as its proper name or common name or, in the case of a prescription drug, its brand name;

  • (b) the address of the person to which it was sold or distributed; and

  • (c) the date on which it was sold or distributed.