Cannabis Regulations

Marginal note:Notice — prohibition

• 189 (1) A practitioner may make a written request to the Minister to send a notice advising that

  • (a) the following persons must not sell or distribute any prescription drug to the practitioner:

    • (i) all holders of a cannabis drug licence,

    • (ii) all pharmacies in the province in which the practitioner who is named in the notice is entitled to practise, and

    • (iii) all pharmacies in an adjacent province in which a prescription or order from the practitioner who is named in the notice may be filled; and

  • (b) the following individual must not fill a prescription or order written by the practitioner for a prescription drug:

    • (i) all pharmacists in the province in which the practitioner who is named in the notice is entitled to practise, and

    • (ii) all pharmacists in an adjacent province in which a prescription or order from the practitioner who is named in the notice may be filled.

• 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 practitioner who is named in the notice;

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

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

  • (d) all pharmacies in an adjacent province in which a prescription or order from the practitioner who is named in the notice may be filled;

  • (e) the applicable professional licensing authority for the province in which the practitioner is entitled to practise; and

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

• Marginal note:Mandatory notice

  (3) The notice must be issued if the practitioner

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

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

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

    • (i) a designated offence,

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

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

  • (d) the Minister has reasonable grounds to believe that the practitioner 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 practitioner named in the notice

  • (a) has contravened section 183, subsection 184(1) or (2) or section 185;

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

  • (d) is unable to account for the quantity of prescription drugs for which the practitioner 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 applicable provincial professional licensing authority for the province in which the practitioner to whom the notice relates is entitled to practise;

  • (b) send to the practitioner 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 practitioner under paragraph (b),

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

    • (iii) whether the actions of the practitioner 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.