Controlled Substances Regulations (SOR/2025-242)

Marginal note:Partial protection against self-incrimination

70 A report provided under any of sections 67 to 69, or any evidence derived from it, is not to be used or received to incriminate the licensed dealer or their agent or mandatary in any criminal proceeding against them other than a prosecution under section 132, 136 or 137 of the Criminal Code.

Marginal note:Destruction at site

71 A licensed dealer that intends to destroy a controlled substance at the site specified in their licence must ensure that the following conditions are met:

• The following provision is not in force.

  (a) the licensed dealer obtains the prior approval of the Minister;

• The following provision is not in force.

  (b) the destruction is carried out in the presence of two of the following persons, at least one of whom must be a person referred to in subparagraph (i):

  • (i) the senior person in charge, the qualified person in charge or an alternate qualified person in charge, or

  • (ii) a person who works for or provides services to the licensed dealer and holds a senior position;

• The following provision is not in force.

  (c) the destruction is carried out in accordance with a method that complies with all federal, provincial and municipal environmental protection legislation applicable to the place of destruction; and

• The following provision is not in force.

  (d) as soon as the destruction is completed, the person who carried out the destruction and each of the two persons referred to in paragraph (b) who were present at the destruction sign and date a joint declaration attesting that the controlled substance was destroyed, to which each signatory must add in printed letters their name and, if applicable, title.

Marginal note:Destruction elsewhere than at site

72 A licensed dealer that intends to destroy a controlled substance elsewhere than at the site specified in their licence must ensure that the following conditions are met:

• The following provision is not in force.

  (a) the licensed dealer obtains the prior approval of the Minister;

• The following provision is not in force.

  (b) the licensed dealer takes all reasonable measures to ensure the security of the controlled substance while it is being transported in order to prevent its diversion to an illicit market or use;

• The following provision is not in force.

  (c) the destruction is carried out by a person working for a business that specializes in the destruction of dangerous goods, other than a licensed dealer specialized in destruction, and in the presence of another person working for that business;

• The following provision is not in force.

  (d) the destruction is carried out in accordance with a method that complies with all federal, provincial and municipal environmental protection legislation applicable to the place of destruction; and

• The following provision is not in force.

  (e) as soon as the destruction is completed, the person who carried out the destruction provides the licensed dealer with a dated declaration attesting that the controlled substance was destroyed and containing

  • (i) the municipal address of the place of destruction,

  • (ii) the date of destruction,

  • (iii) the method of destruction,

  • (iv) in the case of a controlled substance set out in any of Schedules 1 to 4, its name and quantity,

  • (v) in the case of a mixture or finished product,

    • (A) subject to clause (D), its name or, if applicable, brand name, as well as the name of the controlled substance it contains,

    • (B) subject to clause (D), its form, its strength, the number of containers and, if applicable, the number of units per container,

    • (C) subject to clause (D), its drug identification number, if any, and

    • (D) if the finished product has been previously returned by an individual for the purposes of destruction to a pharmacist, pharmacy technician, practitioner, hospital or particular person, only the identifier marked on the collection container of the finished product and the number of collection containers, and

  • (vi) the names, in printed letters, and signatures of the person who carried out the destruction and the other person who was present at the destruction.

Marginal note:Application for approval

• The following provision is not in force.

  73 (1) A licensed dealer must submit to the Minister an application that contains the following information in order to obtain the Minister’s approval to destroy a controlled substance:

  • The following provision is not in force.

    (a) their name and, if applicable, title, as well as their municipal address;

  • The following provision is not in force.

    (b) their dealer’s licence number;

  • The following provision is not in force.

    (c) the municipal address of the place of destruction;

  • The following provision is not in force.

    (d) the proposed date of destruction;

  • The following provision is not in force.

    (e) a brief description of the method of destruction;

  • The following provision is not in force.

    (f) if the destruction is to be carried out at the site specified in the dealer’s licence, the names of the persons proposed for the purposes of paragraph 71(b) and information establishing that they meet the conditions of that paragraph;

  • The following provision is not in force.

    (g) in the case of a controlled substance set out in any of Schedules 1 to 4, its name and quantity; and

  • The following provision is not in force.

    (h) in the case of a mixture or finished product,

    • (i) subject to subparagraph (iv), its name or, if applicable, brand name, as well as the name of the controlled substance it contains,

    • (ii) subject to subparagraph (iv), its form, its strength, the number of containers and, if applicable, the number of units per container,

    • (iii) subject to subparagraph (iv), its drug identification number, if any, and

    • (iv) if the finished product has been previously returned by an individual for the purposes of destruction to a pharmacist, pharmacy technician, practitioner, hospital or particular person, only the identifier marked on the collection container of the finished product and the number of collection containers.

• The following provision is not in force.

  Marginal note:Signature and attestation

  (2) The application must

  • The following provision is not in force.

    (a) be signed and dated by the qualified person in charge or an alternate qualified person in charge; and

  • The following provision is not in force.

    (b) include an attestation by that person that

    • (i) the proposed method of destruction complies with all federal, provincial and municipal environmental protection legislation applicable to the place of destruction, and

    • (ii) all of the information submitted in support of the application is correct and complete to the best of the signatory’s knowledge.

• The following provision is not in force.

  Marginal note:Additional information and documents

  (3) The licensed dealer must, not later than the date specified in the Minister’s written request to that effect, provide the Minister with any information or document that the Minister determines is necessary to complete the review of the application.

Marginal note:Approval

74 On completion of the review of the approval application, the Minister must approve the destruction of the controlled substance unless

• The following provision is not in force.

  (a) in the case of a destruction that is to be carried out at the site specified in the dealer’s licence, the persons proposed for the purposes of paragraph 71(b) do not meet the conditions of that paragraph;

• The following provision is not in force.

  (b) the Minister has reasonable grounds to believe that the controlled substance would not be destroyed;

• The following provision is not in force.

  (c) the Minister has reasonable grounds to believe that the licensed dealer has submitted false or misleading information or false or falsified documents in or in support of the approval application;

• The following provision is not in force.

  (d) the controlled substance or a portion of it is required for the purposes of a criminal or administrative investigation or a preliminary inquiry, trial or other proceeding under any Act or its regulations; or

• The following provision is not in force.

  (e) the Minister has reasonable grounds to believe that the approval would likely create a risk to public health or safety, including the risk that the controlled substance could be diverted to an illicit market or use.

Marginal note:Substances ordered and received

75 A licensed dealer that orders or receives a controlled substance must record the following information:

• The following provision is not in force.

  (a) the name and, if applicable, title of the individual placing the order for the controlled substance or receiving it;

• The following provision is not in force.

  (b) with respect to the person from whom the controlled substance is ordered or received, their name and, if applicable, title, as well as their municipal address;

• The following provision is not in force.

  (c) the date of the order or receipt;

• The following provision is not in force.

  (d) in the case of a controlled substance set out in any of Schedules 1 to 4, its name, form and quantity; and

• The following provision is not in force.

  (e) in the case of a mixture or finished product,

  • (i) subject to subparagraph (iv), its name or, if applicable, brand name, as well as the name of the controlled substance it contains,

  • (ii) subject to subparagraph (iv), its form, its strength, the number of containers and, if applicable, the number of units per container,

  • (iii) subject to subparagraph (iv), its drug identification number, if any, and

  • (iv) if the finished product has been previously returned by an individual for the purposes of destruction to a pharmacist, pharmacy technician, practitioner, hospital or particular person, only the identifier marked on the collection container of the finished product and the number of collection containers.

Marginal note:Substances sold

76 A licensed dealer that sells or provides a controlled substance must record the following information:

• The following provision is not in force.

  (a) the name and, if applicable, title of the individual selling or providing the controlled substance;

• The following provision is not in force.

  (b) with respect to the person to whom the controlled substance is sold or provided, their name and, if applicable, title, as well as their municipal address;

• The following provision is not in force.

  (c) the date of the sale or provision;

• The following provision is not in force.

  (d) in the case of a controlled substance set out in any of Schedules 1 to 4, its name, form and quantity; and

• The following provision is not in force.

  (e) in the case of a controlled substance that is a mixture or finished product,

  • (i) its name or, if applicable, brand name, as well as the name of the controlled substance it contains,

  • (ii) its form, its strength, the number of containers and, if applicable, the number of units per container, and

  • (iii) its drug identification number, if any.

Marginal note:Substances produced or packaged

77 A licensed dealer that produces or packages a controlled substance must record the following information with respect to the substance:

• The following provision is not in force.

  (a) in the case of a controlled substance set out in any of Schedules 1 to 4, its name, form and quantity; and

• The following provision is not in force.

  (b) in the case of a mixture or finished product,

  • (i) its name or, if applicable, its brand name, as well as the name and quantity of the controlled substance it uses to produce the mixture or finished product, or that is contained in the mixture or finished product that it packages,

  • (ii) its form, its strength, the number of containers and, if applicable, the number of units per container, and

  • (iii) its drug identification number, if any.

Marginal note:Substances in stock

78 A licensed dealer that stores a controlled substance must record the following information with respect to the substance:

• The following provision is not in force.

  (a) the date on which it is placed in stock;

• The following provision is not in force.

  (b) in the case of a controlled substance set out in any of Schedules 1 to 4, its name, form and quantity; and

• The following provision is not in force.

  (c) in the case of a mixture or finished product,

  • (i) subject to subparagraph (iv), its name or, if applicable, brand name, as well as the name of the controlled substance it contains,

  • (ii) subject to subparagraph (iv), its form, its strength, the number of containers and, if applicable, the number of units per container,

  • (iii) subject to subparagraph (iv), its drug identification number, if any, and

  • (iv) if the finished product has been previously returned by an individual for the purposes of destruction to a pharmacist, pharmacy technician, practitioner, hospital or particular person, only the identifier marked on the collection container of the finished product and the number of collection containers.

Marginal note:Written orders

79 A licensed dealer that receives a written order for a controlled substance must record the following information:

• The following provision is not in force.

  (a) the name and, if applicable, title of the individual receiving the order; and

• The following provision is not in force.

  (b) the date of the order and the date on which it was received.

Marginal note:Transportation

80 A licensed dealer that delivers, sends or transports a controlled substance to another person must record the following information:

• The following provision is not in force.

  (a) the dealer’s name and, if applicable, title, as well as their municipal address;

• The following provision is not in force.

  (b) if an agent or mandatary of the dealer delivers, sends or transports the controlled substance, their name;

• The following provision is not in force.

  (c) with respect to the other person, their name and, if applicable, title;

• The following provision is not in force.

  (d) the municipal address of the place where the controlled substance will be delivered, sent or transported;

• The following provision is not in force.

  (e) the date of the delivery, sending or transportation;

• The following provision is not in force.

  (f) the means of transportation;

• The following provision is not in force.

  (g) in the case of a controlled substance set out in any of Schedules 1 to 4, its name, form and quantity; and

• The following provision is not in force.

  (h) in the case of a mixture or finished product,

  • (i) its name or, if applicable, brand name, as well as the name of the controlled substance it contains,

  • (ii) its form, its strength, the number of containers and, if applicable, the number of units per container, and

  • (iii) its drug identification number, if any.