Industrial Hemp Regulations (SOR/98-156)

• 10. (1) Where the holder of a licence or authorization requires an amendment to the licence or authorization, he or she may submit a written request to the Minister, together with the licence or authorization. Subject to subsections (2) and (3), on receipt of the request, the Minister shall amend the licence or authorization accordingly.

• (2) The Minister shall refuse to amend the licence or authorization if there exists any circumstance that would require its issuance to be refused under subsection 9(2).

• (3) The Minister may refuse to amend the licence or authorization if there exists any circumstance that would permit its issuance to be refused under subsection 9(3).

• 11. (1) The holder of a licence or authorization shall notify the Minister of the following changes, within 15 days after the change:

  • (a) in the case of a corporation, cooperative or partnership, the addition or replacement of an officer, director or partner, as the case may be;

  • (b) a change to the address referred to in paragraph 8(1)(l);

  • (c) the replacement of an individual referred to in paragraph 8(1)(j);

  • (d) a change in the mailing address of the holder;

  • (e) a change in the ownership of the land used to cultivate industrial hemp;

  • (f) a change to the approved cultivar being sown or, in the case of a plant breeder, to the variety of industrial hemp being sown;

  • (g) the revocation or expiration of a certificate or licence required to be submitted with the application; and

  • (h) the revocation or expiration of the licence holder’s membership in the Canadian Seed Growers’ Association.

• (2) If the notification is in respect of the addition or replacement of an officer, director or partner, the holder of the licence or authorization shall provide the Minister with the documents referred to in paragraphs 8(1)(m) and (n) in respect of that person.

• (3) If the notification is in respect of a change of ownership referred to in paragraph (1)(e), the holder of the licence or authorization shall provide the Minister with a statement signed by the new owner of the land, indicating that he or she has consented to the land being used to cultivate industrial hemp.

12. The holder of a licence, authorization or permit shall notify the Minister as soon as possible of its loss or theft.

• 13. (1) The Minister shall revoke a licence or authorization at the request of the holder, or on being notified by the holder that the licence or authorization has been lost or stolen.

• (2) Subject to subsection (4), the Minister shall revoke a licence or authorization in the following cases:

  • (a) if false or misleading information, or false or falsified documents, have been submitted in or with the application;

  • (b) if the Minister has been informed, and has verified, that the holder or, in the case of a corporation, cooperative or partnership, any of its officers, directors or partners, as the case may be, has a criminal record that includes within the previous 10 years

    • (i) a designated drug offence, or

    • (ii) if he or she ordinarily resides in a country other than Canada, an offence that if committed in Canada would constitute a designated drug offence;

  • (c) in the case of a corporation, cooperative or partnership, if any person who is less than 18 years of age is named as an officer, director or partner, as the case may be;

  • (d) where the holder of a certificate or licence that was required to be submitted with the application no longer holds the certificate or licence;

  • (e) where a laboratory that has been designated as an accredited laboratory under section 14 of the Canada Agricultural Products Act no longer holds that designation; or

  • (f) in the case of a person who cultivates for seed, he or she is no longer a member of the Canadian Seed Growers’ Association.

• (3) Subject to subsection (4), the Minister may revoke a licence or authorization, where it is necessary to protect the security, safety or health of the public, if the Minister has reasonable grounds to believe that the holder has failed to comply with any provision of these Regulations or any condition of the licence or authorization.

• (4) The Minister may not revoke a licence or authorization under subsection (2) or (3) unless

  • (a) the Minister has provided the holder of the licence or authorization with a written report setting out the reasons for the proposed revocation;

  • (b) the Minister has given the holder an opportunity to be heard, either by written or oral representations, in respect of the proposed revocation;

  • (c) the holder has not taken any corrective measures that are required by the Minister, within the time specified by the Minister; and

  • (d) the Minister has sent a notice of revocation to the holder.