Benzodiazepines and Other Targeted Substances Regulations (SOR/2000-217)

Marginal note:Return of permit

30.1 If an export permit is revoked, the licensed dealer must return the original of the permit to the Minister within 15 days after the effective date of the revocation.

Identification

Marginal note:Name

31 A licensed dealer must include their name, as set out in their dealer’s licence, on all the means by which they identify themself in regard to their activities in relation to targeted substances, including labels, orders, shipping documents, invoices and advertising.

Sale of Targeted Substances

Marginal note:Specified persons

• 32 (1) Subject to subsection (2), a licensed dealer may sell or provide a targeted substance to

  • (a) another licensed dealer;

  • (b) a pharmacist;

  • (c) a practitioner;

  • (d) a hospital;

  • (e) a person to whom an exemption relating to the substance has been granted under section 56 of the Act; or

  • (f) the Minister.

• Marginal note:Exception — pharmacist or practitioner named in notice

  (2) The 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 notice of retraction issued under section 80.

Marginal note:Order required

• 33 (1) A licensed dealer may sell or provide a targeted substance in accordance with section 32 if the dealer has received from one of the following persons a written or verbal order indicating the specified name and the quantity of the substance and, in the case of a written order, the conditions specified in subsection (2) are met:

  • (a) in the case of a licensed dealer, a person who is authorized to place an order for the substance on their behalf;

  • (b) in the case of a hospital, the pharmacist in charge of the hospital’s pharmacy or a practitioner authorized by the person in charge of the hospital to sign the order; or

  • (c) in any other case, the person to whom the substance is to be sold or provided.

• Marginal note:Conditions

  (2) The following conditions apply to a written order:

  • (a) it must be signed and dated by one of the persons referred to in subsection (1); and

  • (b) the licensed dealer must verify the signature if it is unknown to them.

Marginal note:Anticipated multiple sales

• 33.1 (1) A licensed dealer may sell or provide a targeted substance more than once in respect of one order if the order indicates

  • (a) the number of sales or provisions, not exceeding four;

  • (b) the specific quantity for each sale or provision; and

  • (c) the intervals between each sale and provision.

• Marginal note:Multiple sales — insufficient stock

  (2) A licensed dealer may sell or provide a targeted substance more than once in respect of one order if, at the time of receipt of the order, the dealer temporarily does not have in stock the quantity of the substance ordered, in which case the dealer may sell or provide against the order the quantity of the substance that the dealer has available and deliver the balance later.

Packaging and Transportation

Marginal note:Packaging — sale and provision

• 34 (1) A licensed dealer that sells or provides a targeted substance must securely package it in its immediate container, which must be sealed in such a manner that the container cannot be opened without breaking the seal.

• Marginal note:Packaging — transport and export

  (2) A licensed dealer that transports or exports a targeted substance must ensure that its package is sealed in such a manner that the package cannot be opened without breaking the seal.

• Marginal note:Exception

  (3) Subsection (1) does not apply to a test kit that contains a targeted substance and that has a registration number.

Marginal note:Transport

34.1 A licensed dealer must, in taking delivery of a targeted substance that they have imported or in making delivery of a targeted substance,

• (a) take any measures that are necessary to ensure the security of the targeted substance while it is being transported;

• (b) in the case of an imported targeted substance, transport it directly to the site specified in their licence after it is released under the Customs Act; and

• (c) in the case of a targeted substance that is to be exported, transport it directly from the site specified in their licence to the customs office where it will be exported.

Thefts, Losses and Suspicious Transactions

Marginal note:Protective measures

35 A licensed dealer must take any measures that are necessary to ensure the security of any targeted substance in their possession and any licence or permit in their possession.

Marginal note:Theft or loss — licences and permits

35.1 A licensed dealer that becomes aware of a theft or loss of their licence or permit must provide a written report to the Minister within 72 hours after becoming aware of it.

Marginal note:Theft or unexplainable loss — targeted substances

35.2 A licensed dealer that becomes aware of a theft of a targeted substance or of a loss of a targeted substance that cannot be explained on the basis of normally accepted business activities must

• (a) provide a written report to a member of a police force within 24 hours after becoming aware of the theft or loss; and

• (b) provide a written report to the Minister within 72 hours after becoming aware of the theft or loss and include a confirmation that the report required under paragraph (a) has been provided.

Marginal note:Suspicious transaction

• 35.3 (1) A licensed dealer must provide a written report containing the following information to the Minister within 72 hours after becoming aware of a transaction occurring in the course of their activities that they have reasonable grounds to suspect may be related to the diversion of a targeted substance to an illicit market or use:

  • (a) their name, municipal address, telephone number and, if the licensed dealer is a corporation, the position held by the individual making the report;

  • (b) the name and municipal address of the other party to the transaction;

  • (c) details of the transaction, including its date and time, its type, the specified name and quantity of the targeted substance and, in the case of a product or compound, the quantity of every targeted substance that it contains;

  • (d) in the case of a product that contains the targeted substance, other than a test kit, the drug identification number that is assigned to the product under section C.01.014.2 of the Food and Drug Regulations, if any; and

  • (e) a detailed description of the reasons for those suspicions.

• Marginal note:Good faith

  (2) No civil proceedings lie against a licensed dealer for having provided the report in good faith.

• Marginal note:Non-disclosure

  (3) A licensed dealer must not disclose that they have provided the report or disclose details of it, with the intent to prejudice a criminal investigation, whether or not a criminal investigation has begun.

Marginal note:Partial protection against self-incrimination

35.4 A report made under any of sections 35.1 to 35.3, or any evidence derived from it, is not to be used or received to incriminate the licensed dealer in any criminal proceeding against them other than a prosecution under section 132, 136 or 137 of the Criminal Code.

Destruction of Targeted Substances

Marginal note:Destruction at site

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

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

• (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, and

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

• (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

• (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 targeted substance was completely destroyed, to which each signatory must add their name in printed letters.

Marginal note:Destruction elsewhere than at site

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

• (a) the licensed dealer obtains the prior approval of the Minister to carry out the destruction;

• (b) the licensed dealer takes any measures that are necessary to ensure the security of the targeted substance while it is being transported in order to prevent its diversion to an illicit market or use;

• (c) the destruction is carried out by a person working for a business that specializes in the destruction of dangerous goods and in the presence of another person working for that business;

• (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

• (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 targeted substance was completely destroyed and containing

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

  • (ii) the specified name and quantity of the targeted substance and, if applicable, the brand name and quantity of the product containing it or the name and quantity of the compound containing it,

  • (iii) the method of destruction,

  • (iv) the date of destruction, and

  • (v) the names in printed letters and signatures of that person and the other person who was present at the destruction.