EXTRA Vol. 133, No. 1 - March 11, 1999

Registration
SOR/99-125 11 March, 1999

FOOD AND DRUGS ACT CONTROLLED DRUGS AND SUBSTANCES ACT

Regulations Amending the Food and Drug Regulations (Repeal of ministerial authorization, 1179)

P.C. 1999-419 11 March, 1999

His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 30(1) of the Food and Drugs Act and subsection 55(1) of the Controlled Drugs and Substances Act (see footnote a), hereby makes the annexed Regulations Amending the Food and Drug Regulations (Repeal of ministerial authorization, 1179).

REGULATIONS AMENDING THE FOOD AND DRUG REGULATIONS (REPEAL OF MINISTERIAL AUTHORIZATION, 1179)

AMENDMENTS

1. (1) The portion of subsection G.01.002(1) (see footnote 1) of the Food and Drug Regulations (see footnote 2) before paragraph (a) is replaced by the following:

G.01.002. (1) A person is authorized to have a controlled drug set out in any of items 1 to 3 of Part I of the schedule to this Part in his or her possession where the person has obtained the controlled drug under these Regulations, in the course of activities performed in connection with the enforcement or administration of an Act or regulation, or from a person who is exempt under section 56 of the Controlled Drugs and Substances Act from the application of subsection 5(1) of that Act with respect to that controlled drug, and the person

(2) Paragraphs G.01.002(1)(e) and (f) (see footnote 3) are replaced by the following:

(e) is a practitioner of medicine who received the controlled drug under subsection G.06.001(3) or (4) and whose possession is for a purpose referred to in subsection G.06.001(5);

(f) is an agent of a practitioner of medicine who received the controlled drug under subsection G.06.001(3) and whose possession is for the purpose of complying with subsection G.06.001(4);

(3) Paragraph G.01.002(1)(h) (see footnote 4) of the Regulations is replaced by the following:

(h) is a person other than a person referred to in paragraph (e) or (f), is exempted under section 56 of the Controlled Drugs and Substances Act with respect to possession of that controlled drug and whose possession is for a purpose set out in the exemption; or

2. Paragraph G.02.024(f) (see footnote 5) of the Regulations is replaced by the following:

(f) person who has been granted an exemption under section 56 of the Controlled Drugs and Substances Act with respect to the possession of a controlled drug.

3. Paragraph G.03.014(d) (see footnote 6) of the Regulations is replaced by the following:

(d) a person exempted under section 56 of the Controlled Drugs and Substances Act with respect to that controlled drug, supply to that person such quantity of that drug as is specified in that order.

4. Subsection G.04.001(2) of the Regulations is replaced by the following:

(2) Subject to subsections (3) and (4) and to an exemption granted under section 56 of the Controlled Drugs and Substances Act with respect to the administration of the controlled drug specified in the exemption, no practitioner shall administer a controlled drug to any person or animal.

5. (1) Subsections G.06.001(1) and (2) of the Regulations are repealed.

(2) Paragraph G.06.001(3)(b) of the Regulations is replaced by the following:

(b) an agent of a practitioner of medicine, where the agent has been exempted under section 56 of the Controlled Drugs and Substances Act with respect to the possession of that controlled drug.

(3) Paragraph G.06.001(5)(a) of the Regulations is replaced by the following:

(a) for the purpose of identification or analysis thereof, to a person exempted under section 56 of the Controlled Drugs and Substances Act with respect to the possession of that controlled drug for that purpose; or

6. The portion of section G.06.002 of the Regulations before paragraph (a) is replaced by the following:

G.06.002. Every person who is exempted under section 56 of the Controlled Drugs and Substances Act with respect to the possession or administration, as the case may be, of a controlled drug shall

7. Paragraph J.01.002(1)(d) (see footnote 7) of the Regulations is replaced by the following:

(d) a person exempted under section 56 of the Controlled Drugs and Substances Act with respect to that restricted drug.

8. (1) Subsections J.01.033(1) and (2) of the Regulations are repealed.

(2) Paragraph J.01.033(3)(b) of the Regulations is replaced by the following:

(b) an agent of a practitioner, where the agent has been exempted under section 56 of the Controlled Drugs and Substances Act with respect to the possession of that restricted drug for that purpose.

(3) Paragraph J.01.033(5)(a) of the Regulations is replaced by the following:

(a) for the purpose of identification or analysis thereof, to a person exempted under section 56 of the Controlled Drugs and Substances Act with respect to the possession of that restricted drug for that purpose; or

(4) Subsection J.01.033(6) of the Regulations is replaced by the following:

(6) Sections J.01.021 and J.01.022 apply with such modifications as the circumstances may require to every person who has received a restricted drug pursuant to this section other than a person to whom a restricted drug has been administered pursuant to an exemption granted under section 56 of the Controlled Drugs and Substances Act with respect to the administration of that drug.

COMING INTO FORCE

9. These Regulations come into force on the day on which they are registered.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/99-124, Regulations Amending the Narcotic Control Regulations.

Footnote a

S.C. 1996, c. 19

Footnote 1

SOR/97-515

Footnote 2

C.R.C., c. 870

Footnote 3

SOR/97-515

Footnote 4

SOR/97-515

Footnote 5

SOR/85-550

Footnote 6

SOR/85-550

Footnote 7

SOR/97-228

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