Industrial Hemp Regulations (SOR/98-156)

Regulations are current to 2016-08-15

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)

Application

  •  (1) These Regulations apply to

    • (a) the importation, exportation and possession of industrial hemp;

    • (b) the production, sale, provision, transport, sending or delivering of industrial hemp; and

    • (c) an offer to do anything mentioned in paragraph (b).

  • (2) These Regulations do not apply to

    • (a) the importation, exportation, sale or provision of whole industrial hemp plants, including sprouts, or the leaves, flowers or bracts of those plants;

    • (b) the importation, exportation, sale, provision or production of any derivative or product made from whole industrial hemp plants, including sprouts, or the leaves, flowers or bracts of those plants; or

    • (c) the importation, exportation, sale or provision of any derivative of seed, viable grain or non-viable cannabis seed, or product made from that derivative, if the derivative or product contains more than 10 µg/g THC.

  •  (1) The Act and these Regulations do not apply to the importation, exportation or wholesale sale of a derivative of seed, viable grain or non-viable cannabis seed, or a product made from that derivative, provided that

    • (a) the derivative or product was not made from whole industrial hemp plants, including sprouts, or the leaves, flowers or bracts of those plants;

    • (b) a representative sample from each lot or batch of the derivative or product being imported or exported, or sold at wholesale, has been found to contain 10 µg/g THC or less when tested at a competent laboratory using analytical procedures set out in the Manual;

    • (c) in the case of importation or exportation, the shipment is accompanied by a certificate from a competent laboratory in the country of origin of the derivative or product that sets out the concentration of THC in the samples; and

    • (d) in the case of the wholesale sale of a derivative, the package containing the derivative is labelled, “Contains 10 µg/g THC or less — Contient au plus 10 µg/g de THC”.

  • (2) The Act and these Regulations do not apply to the retail sale, provision, possession, transport, sending or delivering of a derivative of seed, viable grain or non-viable cannabis seed, or a product made from that derivative, whose importation, exportation or wholesale sale has met the requirements set out in subsection (1), as long as the derivative or product is not changed in any way that results in its containing more than 10 µg/g THC.

Prohibition

 No person shall advertise industrial hemp, its derivatives, or any product made from those derivatives to imply that it is psychoactive.

Licensing and Authorization

  •  (1) A person who holds a licence is entitled to engage in any of the following activities that are permitted by the licence:

    • (a) the importation or exportation of industrial hemp; or

    • (b) the production, sale or provision of industrial hemp.

  • (2) In addition to holding a licence, an importer or exporter shall hold a permit issued under subsection 22(1) or 27(1) for each shipment of industrial hemp that is imported or exported.

  • (3) A person who holds a licence to engage in an activity in respect of industrial hemp is permitted to possess, transport, send or deliver industrial hemp to the extent necessary to conduct the licensed activity.

  • (4) A person who holds a licence to sell or provide industrial hemp is permitted to offer to sell or provide it to the extent necessary to conduct the licensed activity.

  • (5) A person who does not hold a licence is entitled to possess, transport, send or deliver industrial hemp, or offer to engage in that activity, if the person holds an authorization to engage in that activity.

 Any person who acts under the direction or control of a person who holds a licence or authorization is entitled to engage in the activity for which the licence or authorization was issued to the same extent as if the person were the holder.

Application

 To be eligible to hold a licence, permit or authorization, a person must

  • (a) if the person is an individual, ordinarily reside in Canada or, if the person is a partnership, at least one of its partners is an individual who ordinarily resides in Canada; or

  • (b) if the person is a corporation or cooperative, have its head office in Canada or operate a branch office in Canada.

  •  (1) A person who applies for a licence or authorization shall submit the following information and documents to the Minister, on a form provided by the Department of Health:

    • (a) the applicant’s name, their mailing address and phone number in Canada and, if applicable, their fax number and electronic mail address;

    • (b) the applicant’s date of birth or, in the case of a corporation, cooperative or partnership, the names and dates of birth of its officers, directors and partners, as the case may be;

    • (c) in the case of a corporation or cooperative, a copy of the certificate of incorporation or other constating instrument, and, in the case of a corporation, cooperative or partnership, a copy of any document registering with a province the name and style under which it operates or intends to operate;

    • (d) the activity for which the licence or authorization is requested;

    • (e) the form in which the industrial hemp is to be imported, exported, produced, sold, provided, possessed, transported, sent or delivered, as the case may be;

    • (f) the address of each place where the industrial hemp is to be stored, sold or provided, indicating for each place the form of the industrial hemp;

    • (g) in the case of the cultivation of industrial hemp,

      • (i) the approved cultivar that will be sown, or the variety of industrial hemp if the applicant is a plant breeder,

      • (ii) the number of hectares to be cultivated for seed or viable grain and the number of hectares to be cultivated for fibre,

      • (iii) the number of hectares cultivated for industrial hemp, at each site, in each of the previous two years,

      • (iv) the Global Positioning System coordinates to situate each site to be cultivated and a map showing the location of the site in terms of its legal description,

      • (v) if any part of the site is to be cultivated for seed or viable grain, the Global Positioning System coordinates to situate that part of the site, and an indication on the map of its location within the site,

      • (vi) a statement that the applicant is the owner of the land to be used for the cultivation or a statement, signed by the owner of the land, indicating that he or she has consented to that use,

      • (vii) if the applicant is cultivating for seed, evidence that he or she is a member of the Canadian Seed Growers’ Association, and

      • (viii) if the applicant is cultivating to produce breeder seed or a new variety of industrial hemp, evidence that he or she is a plant breeder;

    • (h) in the case of the processing of seed, viable grain or non-viable cannabis seed

      • (i) the address of each place at which the processing will take place, and

      • (ii) if the application is for conditioning seed or viable grain, a copy of the Certificate of Registration issued under Part IV of the Seeds Regulations for the establishment at which the conditioning will take place;

    • (i) in the case of an importer of seed or viable grain, a copy of the Certificate of Registration issued under Part IV of the Seeds Regulations for the establishment at which the imported seed or viable grain will be prepared, and the address of that establishment;

    • (j) for each establishment mentioned in paragraphs (h) and (i), the name of the individual who is licensed under section 96 of the Seeds Regulations as the operator of the establishment and a copy of his or her licence;

    • (k) in the case of the owner or operator of a laboratory who intends to possess industrial hemp for the purpose of testing for viability, evidence that the laboratory has been designated as an accredited laboratory under section 14 of the Canada Agricultural Products Act, and the address of the laboratory;

    • (l) the address of the place in Canada where the applicant will keep the records, books, electronic data or other documents that are required by these Regulations to be kept;

    • (m) in respect of the applicant, each officer and director in the case of a corporation or cooperative and each partner in the case of a partnership, a document issued by a Canadian police force setting out for the previous 10 years his or her criminal record in respect of any designated drug offences, or indicating that the person has no such record;

    • (n) in addition to the document referred to in paragraph (m), for any officer, director or partner who ordinarily resides in a country other than Canada, a document issued by a police force of that country setting out for the previous 10 years his or her criminal record in respect of any offence that if committed in Canada would constitute a designated drug offence, or indicating that the person has no such record; and

    • (o) a statement that the applicant will meet the security measures required by these Regulations in respect of the activity.

  • (2) An application shall be signed by the applicant or, in the case of a corporation, cooperative or partnership, one of its officers, directors or partners, as the case may be, and indicate that all information and documents submitted in support of the application are correct and complete to the best of his or her knowledge.

 
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