Industrial Hemp Regulations (SOR/98-156)

Regulations are current to 2014-08-05

Industrial Hemp Regulations

SOR/98-156

CONTROLLED DRUGS AND SUBSTANCES ACT

Registration 1998-03-12

Industrial Hemp Regulations

P.C. 1998-352  1998-03-12

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 ActFootnote a, hereby makes the annexed Industrial Hemp Regulations.

INTERPRETATION

 The definitions in this section apply in these Regulations.

“Act”

“Act” means the Controlled Drugs and Substances Act. (Loi)

“approved cultivar”

“approved cultivar” means any variety of industrial hemp designated by the Minister in accordance with section 39 and set out in the List of Approved Cultivars published by the Department of Health, as amended from time to time. (cultivar approuvé)

“competent laboratory”

“competent laboratory” means a laboratory that is owned or operated by a person who is a licensed dealer under section 9 of the Narcotic Control Regulations, or a laboratory outside Canada that is recognized as a qualified laboratory, for the application of the United Nations’ Single Convention on Narcotic Drugs, 1961, as amended from time to time, by the competent authorities of the country in which it is located. (laboratoire compétent)

“designated drug offence”

“designated drug offence” means

  • (a) an offence against section 39, 44.2, 44.3, 48, 50.2 or 50.3 of the Food and Drugs Act, as those provisions read immediately before May 14, 1997;

  • (b) an offence against section 4, 5, 6, 19.1 or 19.2 of the Narcotic Control Act, as those provisions read immediately before May 14, 1997;

  • (c) an offence under Part I of the Act, except subsection 4(1); and

  • (d) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraphs (a) to (c). (infraction désignée en matière de drogue)

“industrial hemp”

“industrial hemp” means the plants and plant parts of the genera Cannabis, the leaves and flowering heads of which do not contain more than 0.3% THC w/w, and includes the derivatives of such plants and plant parts. It also includes the derivatives of non-viable cannabis seed. It does not include plant parts of the genera Cannabis that consist of non-viable cannabis seed, other than its derivatives, or of mature cannabis stalks that do not include leaves, flowers, seeds or branches, or of fibre derived from those stalks. (chanvre industriel)

“Manual”

“Manual” means the Industrial Hemp Technical Manual published by the Department of Health, as amended from time to time. (Manuel)

“package”

“package” includes a sack, bag, barrel, case or any other container in which seed or viable grain, or their derivatives, are placed or packed. (emballage)

“person”

“person” includes a corporation, a cooperative and a partnership. (personne)

“plant breeder”

“plant breeder” means a person who is recognized as a plant breeder pursuant to the circular entitled Regulations and Procedures for Pedigreed Seed Crop Production, as amended from time to time, published by the Canadian Seed Growers’ Association. (sélectionneur de plantes)

“process”

“process”, in respect of seed, viable grain or non-viable cannabis seed, includes conditioning it, pressing it or, in the case of seed or viable grain, rendering it non-viable. (transformer)

“seed”

“seed” means any part of an industrial hemp plant that is represented, sold or used to grow a plant. (semence)

“THC”

“THC” means Δ9-tetrahydrocannabinol ((6aR, 10aR)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d] pyran-1-ol). (THC)

“variety”

“variety” has the same meaning as in subsection 2(2) of the Seeds Regulations. (variété)

“viable grain”

“viable grain” means a viable achene of an industrial hemp plant, not represented, sold or used to grow a plant, that is used for processing. (grain viable)