Narcotics Safety and Awareness Act, 2010, S.O. 2010, c. 22

JurisdictionOntario

Narcotics Safety and Awareness Act, 2010

S.O. 2010, CHAPTER 22

Consolidation Period: From July 24, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 4, Sched. 2, s. 8.

Preamble

The health and safety of Ontarians is important to the people of Ontario and their government. Ontario has the highest per capita use of narcotics and other controlled substances in Canada, some of which is unwarranted and is adversely affecting the health and safety of Ontarians. Ontario has seen a significant increase in narcotics-related deaths and in the need for addiction treatment services. Public and private spending on narcotics and other controlled substances has increased out of proportion to that which is medically required.

In May 2010, the Government of Ontario developed a strategy to address the health and safety concerns related to the use of narcotics and other controlled substances, including a commitment to:

1. Provide for access to narcotics and other monitored drugs when they are medically appropriate to treat pain.

2. Reduce the abuse and misuse of narcotics and other monitored drugs, including reducing the diversion of narcotics and other monitored drugs from medically appropriate use.

3. Support treatment for and reduce narcotics-related addictions and reduce narcotics-related deaths.

Monitoring the prescribing and dispensing of narcotics and other monitored drugs is a key tool in the government’s strategy. The ability to collect, analyze and report on the prescribing and dispensing of narcotics and other monitored drugs will contribute to appropriate prescribing and dispensing practices and help identify and address systemic challenges that may lead to addiction and death.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Purpose

1 The purpose of this Act is to seek to improve the health and safety of Ontarians by permitting the monitoring, analyzing and reporting of information, including personal information, related to the prescribing and dispensing of monitored drugs, in order to,

(a) contribute to and promote appropriate prescribing and dispensing practices for monitored drugs in order to support access to monitored drugs for medically appropriate treatment, including treatment for pain and addiction;

(b) identify and reduce the abuse, misuse and diversion of monitored drugs; and

(c) reduce the risk of addiction and death resulting from the abuse or misuse of monitored drugs. 2010, c. 22, s. 1.

Definitions

2 In this Act,

“dispenser” means a person authorized, under a health profession Act as defined in the Regulated Health Professions Act, 1991, to dispense drugs or another person designated by the regulations; (“préposé à la préparation”)

“Minister” means the Minister of Health or such other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”)

“monitored drug” means,

(a) a controlled substance as defined in the Controlled Drugs and Substances Act (Canada), unless the controlled substance has been excluded by the regulations under this Act, and

(b) any other drug designated by the regulations; (“médicament contrôlé”)

“operator of a pharmacy” means,

(a) the holder of a certificate of accreditation for the operation of a pharmacy under section 139 of the Drug and Pharmacies Regulation Act, or

(b) the operator of a pharmacy operated in or by a hospital to which the Public Hospitals Act applies; (“exploitant d’une pharmacie”)

“personal information” means personal information as defined in the Freedom of Information and Protection of Privacy Act and includes personal health information as defined in the Personal Health Information Protection Act, 2004; (“renseignements personnels”)

“prescriber” means a person authorized under a health profession Act, as defined in the Regulated Health Professions Act, 1991, to prescribe drugs or another person designated by the regulations; (“personne autorisée à prescrire des medicaments)

“prescription” means a direction from a prescriber directing the dispensing of a monitored drug for a person. (“ordonnance”) 2010, c. 22, s. 2; 2023, c. 4, Sched. 2, s. 8 (1-3).

Section Amendments with date in force (d/m/y)

2023, c. 4, Sched. 2, s. 8 (1-3) - 24/07/23

Application

3 This Act does not apply to any person provided for in the regulations. 2010, c. 22, s. 3.

Powers and Functions of the Executive Officer

Executive officer

4 (1) The executive officer under the Ontario Drug Benefit Act is the executive officer for the purpose of this Act. 2010, c. 22, s. 4 (1).

Powers and functions of executive officer

(2) The executive officer may exercise the following powers and perform the following functions under this Act:

1. Monitoring and analyzing information, including personal information, related to the prescribing and dispensing of monitored drugs.

2. Collecting, using and disclosing information collected under this Act in accordance with this Act, and co-operating with other organizations, including colleges under the Regulated Health Professions Act, 1991, to achieve the purposes of this Act.

3. Recommending drugs to be included in or excluded from the definition of “monitored drug”.

4. Reporting to the public on any matter related to this Act as the executive officer considers appropriate.

5. Exercising any other power or performing any other function provided for in this Act or the regulations. 2010, c. 22, s. 4 (2).

Collection, Use and Disclosure of Personal Information

Collection by Minister or executive officer

5 (1) The Minister or the executive officer may directly or indirectly collect personal information, subject to any conditions provided for in the regulations, for the purpose of this Act. 2010, c. 22, s. 5 (1).

Use by Minister or executive officer

(2) The Minister or the executive officer may use personal information, subject to any conditions provided for in the regulations, for the purpose of this Act. 2010, c. 22, s. 5 (2).

Disclosure by Minister or executive officer

(3) The Minister or the executive officer may disclose personal information, subject to any conditions provided for in the regulations, if the disclosure is permitted by this Act. 2010, c. 22, s. 5 (3).

Same

(4) The Minister or the executive officer may disclose personal information if the disclosure is permitted by the Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004. 2010, c. 22, s. 5 (4).

Disclosure to prescriber, dispenser etc.

(5) The Minister or the executive officer may disclose personal information about any monitored drugs that have or have not been prescribed or dispensed to a person to,

(a) a prescriber, if the prescriber is determining whether to prescribe a monitored drug to the person or has prescribed a monitored drug to the person;

(b) a dispenser, if the dispenser is determining whether to dispense a monitored drug to the person or has dispensed a monitored drug to the person; or

(c) an operator of a pharmacy, if a dispenser employed or retained by the pharmacy has dispensed a monitored drug to the person through the pharmacy. 2016, c. 6, Sched. 1, s. 3.

Disclosure to health care practitioner

(6) The Minister or the executive officer may disclose personal information about any monitored drugs that have or have not been prescribed or dispensed to a person, to a health care practitioner who is providing health care to the person or assisting in providing health care to the person. 2016, c. 6, Sched. 1, s. 3.

Definition, health care practitioner

(7) In subsection (6),

“health care practitioner” means a health care practitioner as defined in clause (a) of the definition of health care practitioner in section 2 of the Personal Health Information Protection Act, 2004. 2016, c. 6, Sched. 1, s. 3.

Section Amendments with date in force (d/m/y)

2016, c. 6, Sched. 1, s. 3 - 03/06/2016

Notice

6 In addition to any notice requirements imposed under the Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004, the Minister shall ensure that a notice is made available to prescribers, dispensers, operators of pharmacies and the public in respect of the Minister’s or the...

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