Marginal note:Police enforcement
14. Where, pursuant to the Controlled Drugs and Substances Act (Police Enforcement) Regulations, a member of a police force or a person acting under the direction and control of the member is, in respect of the conduct of the member or person, exempt from the application of subsection 4(2) or section 5, 6 or 7 of the Act, the member or person is, in respect of that conduct, exempt from the application of these Regulations.
15. (1) Subject to subsection (2), sections 4 and 16 and subsection 33(1), a licensed dealer may
(a) possess a targeted substance set out in Part 2 of Schedule 1; and
(b) produce, make, assemble, import, export, sell, provide, send, deliver, transport or destroy a targeted substance.
Marginal note:Activities limited
(2) A licensed dealer may carry out an activity set out in subsection (1) if the licensed dealer
(a) is licensed to carry on the activity with respect to that targeted substance;
(b) carries out the activity in accordance with any conditions set out in the dealer’s licence;
(c) sells or provides the targeted substance to
(i) another licensed dealer,
(ii) a pharmacist,
(iii) a practitioner,
(iv) a hospital,
(v) the Minister, or
(vi) a person to whom an exemption relating to the substance has been granted under section 56 of the Act;
(d) in the case of a producer of a targeted substance, produces the substance in the quantities and within the periods authorized by the dealer’s licence;
(e) in the case of a maker or assembler of a product or compound that contains a targeted substance, but that is not a test kit, sells or provides the product or compound in the strength per unit and the quantity or package size authorized by the dealer’s licence;
(f) in the case of the importation of a targeted substance, has an import permit issued under section 37; and
(g) in the case of the exportation of a targeted substance, has an export permit issued under section 43.
Marginal note:Order required
16. (1) Subject to subsection (4), a licensed dealer must not sell or provide a targeted substance to a person referred to in paragraph 15(2)(c) before the dealer has received an order for the substance, either in writing in accordance with subsection (2) or verbally and recorded in accordance with subsection (3), from
(a) in the case of a hospital, a pharmacist practising in the hospital or a practitioner authorized to place orders for the substance on behalf of the hospital;
(b) in the case of a licensed dealer, a person who is authorized to place an order for the substance on behalf of the licensed dealer; or
(c) in any other case, the person to whom the substance is to be sold or provided in accordance with the Act and these Regulations.
Marginal note:Written orders
(2) A written order for a targeted substance must
(a) be signed by a person described in any of paragraphs (1)(a) to (c); or
(b) in the case of an order transmitted electronically, be encoded in accordance with the requirements set out in subsections 27(6) and (7) of the Narcotic Control Regulations.
Marginal note:Verbal orders
(3) A licensed dealer who receives a verbal order must, before filling the order, record the following information with respect to the order:
(a) the date and number of the order;
(b) the name and address of the person for whom the order is placed;
(c) the brand name of the targeted substance ordered or, if the targeted substance does not have a brand name, the specified name;
(d) the quantity and, if applicable, the strength per unit of the targeted substance ordered;
(e) the name of the individual placing the order; and
(f) the name of the individual recording the order.
Marginal note:Supply prohibited
(4) A licensed dealer must not sell or provide a targeted substance to a pharmacist or practitioner named in a notice issued under section 79, unless the dealer has received a retraction issued under section 80.
- Date modified: