These regulations let midwives, nurse practitioners, and podiatrists prescribe or possess certain listed substances, or conduct activities with them, if provincial law allows them to prescribe the substance and section 4 is met.
New Classes of Practitioners Regulations His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 55(1) of the Controlled Drugs and Substances Acta, makes the annexed New Classes of Practitioners Regulations. S.C. 1996, c. 19 Definitions The following definitions apply in these Regulations. Act means the Controlled Drugs and Substances Act. (Loi) listed substance means a substance set out in Schedule 1 to the Benzodiazepines and Other Targeted Substances Regulations, the schedule to Part G of the Food and Drug Regulations or the schedule to the Narcotic Control Regulations, and includes anything that contains the substance. (substance inscrite) midwife means a person who is registered and entitled under the laws of a province to practise midwifery and who is practising midwifery in that province. (sage-femme) nurse practitioner means a person who is registered and entitled under the laws of a province to practise as a nurse practitioner or an equivalent designation and who is practising as a nurse practitioner or an equivalent designation in that province. For the purpose of this definition, a designation is equivalent when it designates a person who is a registered nurse; possesses additional educational preparation and experience related to health care; can autonomously make diagnoses, order and interpret diagnostic tests, prescribe drugs and perform other specific procedures under the laws of a province; and is practising their profession in accordance with, for example, the following provincial laws, as amended from time to time: the Extended Practice Regulation, Man. Reg. 43/2005, made under The Registered Nurses Act of Manitoba, C.C.S.M., c. R40, Ontario Regulation 275/94, made under the Nursing Act, 1991 of Ontario, S.O. 1991, c. 32, or the Regulation respecting Ordre des infirmières et infirmiers du Québec classes of specialities related to the performance of acts contemplated in section 36.1 of the Nurses Act, R.R.Q., c. I-8, r. 8, made under the Nurses Act of Quebec, R.S.Q., c. I-8. (infirmier praticien) podiatrist means a person who is registered and entitled under the laws of a province to practise podiatry or chiropody and who is practising podiatry or chiropody in that province. (podiatre) Classes For the purpose of the definition practitioner in subsection 2(1) of the Act, the following classes of persons are prescribed: midwives; nurse practitioners; and podiatrists. Permitted activities Subject to section 4, a midwife, nurse practitioner or podiatrist, as a practitioner, may prescribe or possess a listed substance, or conduct an activity with a listed substance, in accordance with the Benzodiazepines and Other Targeted Substances Regulations, Part G of the Food and Drug Regulations or the Narcotic Control Regulations if they are permitted to prescribe, in their practice under the laws of the province in which they are registered and entitled to practise, that substance. Exclusions — midwife or podiatrist In respect of a midwife or podiatrist, a listed substance excludes a substance set out in the definition designated drug in subsection G.04.001(1) of the Food and Drug Regulations; item 1 of Part III of the schedule to Part G of the Food and Drug Regulations; and any of subitems 1(1) and (10), 2(1), 5(4) and 10(1) of the schedule to the Narcotic Control Regulations. Exclusions — nurse practitioner In respect of a nurse practitioner, a listed substance excludes a substance set out in item 1 of Part III of the schedule to Part G of the Food and Drug Regulations, except for subitem (40); and subitem 1(1) or 2(1) of the schedule to the Narcotic Control Regulations. Inconsistency In the event of any inconsistency between these Regulations and the Benzodiazepines and Other Targeted Substances Regulations, Part G of the Food and Drug Regulations or the Narcotic Control Regulations, these Regulations prevail to the extent of the inconsistency. [Amendments] [Amendment] [Transitional Provisions] Publication These Regulations come into force on the day on which they are published in the Canada Gazette, Part II. [Note: Regulations in force November 21, 2012.] For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette. The following regulations are repealed: the New Classes of Practitioners Regulations5. SOR/2012-230