2. (1) Subject to subsections (2) and 33(1), no person shall destroy a targeted substance other than a targeted substance that has been lawfully sold or provided to an individual for their own use or for the benefit of another individual or an animal under their care.
(2) A pharmacist, a practitioner or the individual in charge of a hospital may destroy a targeted substance if
(a) before the destruction, the pharmacist, practitioner or individual records information with respect to the destruction, including the name, strength per unit and quantity of the targeted substance to be destroyed;
(b) the targeted substance is destroyed using a method of destruction that conforms with all applicable federal, provincial and municipal environmental legislation;
(c) the person records the date of destruction;
(d) subject to subsection (3), the destruction is witnessed by a pharmacist or a practitioner; and
(e) immediately following the destruction, the person who destroyed the targeted substance and the witness referred to in paragraph (d) sign and print their names on a joint statement, indicating that they witnessed the destruction and that the targeted substance destroyed has been altered or denatured to such an extent that its consumption has been rendered impossible or improbable.
Marginal note:Open Ampule
(3) A targeted substance that constitutes the remainder of an open ampule, the partial contents of which have been administered to a patient, may be destroyed by a hospital employee who is a licensed health professional without a witness.
- SOR/2010-223, s. 2(E).
3. A person must not
(a) advertise a targeted substance to the general public; or
(b) issue or publish an advertisement for a targeted substance unless the advertisement
(i) is published in literature distributed to, or in a trade publication for, licensed dealers, pharmacists, practitioners or hospitals, and
(ii) displays in the upper left quarter of its first page, in a clear manner and in a conspicuous colour and size, the following symbol:
CLASS 2 TARGETED SUBSTANCES
Marginal note:Obtaining the targeted substance
4. (1) A person listed in subsection (2) may possess a targeted substance set out in Part 2 of Schedule 1 if the person has obtained the targeted substance
(a) in accordance with these Regulations;
(b) in the course of activities performed in connection with the enforcement or administration of any Act or regulations made thereunder; or
(c) from a person who is exempt under section 56 of the Act from the application of subsection 5(1) of the Act with respect to that targeted substance.
(2) The following persons may possess a targeted substance set out in Part 2 of Schedule 1:
(a) a person who requires the targeted substance for their business or profession and is
(i) a licensed dealer acting in accordance with their licence,
(ii) a pharmacist, or
(iii) a practitioner who is registered and entitled to practise in the province in which the practitioner has such possession;
(b) a practitioner who is registered and entitled to practise in a province other than the province in which the practitioner has such possession and such possession is for emergency medical purposes only;
(c) a hospital employee or a practitioner in a hospital and such possession is for the purposes of and in connection with such employment;
(d) a person who has obtained the targeted substance for their own use or for the benefit of another person or an animal under their care
(i) from a practitioner in the course of treatment for a medical condition, or
(ii) from a pharmacist pursuant to a prescription issued or obtained in conformity with these Regulations;
(e) a person who has imported the targeted substance in accordance with section 68 for the person’s own use or for the benefit of another person or an animal under their care;
(f) a person who is employed as an inspector, an analyst, a peace officer, a member of the Royal Canadian Mounted Police or a member of the technical or scientific staff of a department of the government of Canada or of a province and such possession is for the purposes of and in connection with such employment; or
(g) a person who, pursuant to a permit issued under Part 7, is responsible for the targeted substance while it is in transit or in transhipment in Canada.
(3) A person may possess a targeted substance set out in Part 2 of Schedule 1 if the person is an employee of or is acting as the agent for a person referred to in any of paragraphs (2)(a) to (e) and (g), while acting in the course of their employment duties or role as agent.
(4) A person may possess a targeted substance set out in Part 2 of Schedule 1 if
(a) the person is acting as the agent of a person who he or she has reasonable grounds to believe is a person referred to in paragraph (2)(f); and
(b) the possession of the targeted substance is for the purpose of assisting the person referred to in paragraph (2)(f) in the administration or enforcement of any Act or regulations made thereunder.
Marginal note:Exportation by a licensed dealer
(5) A licensed dealer may possess a targeted substance set out in Part 2 of Schedule 1 for the purpose of exporting that substance if the licensed dealer has obtained the substance under these Regulations and is licensed to export the targeted substance.
Marginal note:Exportation by an individual
(6) An individual may possess a targeted substance set out in Part 2 of Schedule 1 for the purpose of exporting that substance in accordance with section 69.
- SOR/2010-223, s. 3(F).
- Date modified: