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Cannabis Regulations (SOR/2018-144)

Full Document:  

Regulations are current to 2019-06-20 and last amended on 2019-01-15. Previous Versions

AMENDMENTS NOT IN FORCE

  • — SOR/2019-169, s. 30

  • — SOR/2019-206, s. 1

      • 1 (1) The definitions cannabis non-solid concentrates and cannabis solid concentrates in subsection 1(1) of the Cannabis RegulationsFootnote 1 are repealed.

      • (2) The definition cannabis oil in subsection 1(1) of the Regulations is repealed.

      • (3) The definitions non-solids containing cannabis and solids containing cannabis in subsection 1(1) of the Regulations are replaced by the following:

        non-solids containing cannabis

        non-solids containing cannabis means substances that are in non-solid form at a temperature of 22 ± 2°C and that have a concentration of 3% w/w or less of THC, taking into account the potential to convert THCA into THC. (substances qui ne sont pas solides et qui contiennent du cannabis)

        solids containing cannabis

        solids containing cannabis means substances that are in solid form at a temperature of 22 ± 2°C and that have a concentration of 3% w/w or less of THC, taking into account the potential to convert THCA into THC. (solides qui contiennent du cannabis)

      • (4) Subsection 1(1) of the Regulations is amended by adding the following definitions in alphabetical order:

        cannabis concentrate

        cannabis concentrate means a substance that has a concentration of greater than 3% w/w of THC, taking into account the potential to convert THCA into THC. (cannabis sous forme de concentré)

        cannabis extract

        cannabis extract means

        • (a) a substance produced by

          • (i) subjecting anything referred to in item 1 of Schedule 1 to the Act to extraction processing, or

          • (ii) synthesizing a substance that is identical to a phytocannabinoid produced by, or found in, a cannabis plant; or

        • (b) a substance or mixture of substances that contains or has on it a substance produced in a manner referred to in paragraph (a).

        It does not include a cannabis topical or edible cannabis. (extrait de cannabis)

        cannabis topical

        cannabis topical means a substance or mixture of substances that contains or has on it anything referred to in item 1 or 3 of Schedule 1 to the Act and that is intended for use, directly or indirectly, exclusively on external body surfaces, including hair and nails. (cannabis pour usage topique)

        edible cannabis

        edible cannabis means a substance or mixture of substances that contains or has on it anything referred to in item 1 or 3 of Schedule 1 to the Act and that is intended to be consumed in the same manner as food. It does not include dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds. (cannabis comestible)

      • (5) The definition common name in subsection 1(2) of the Regulations is repealed.

      • (6) The definition cannabis product in subsection 1(2) of the Regulations is replaced by the following:

        cannabis product

        cannabis product means cannabis of only one of the classes set out in Schedule 4 to the Act — or a cannabis accessory that contains such cannabis — after it has been packaged and labelled for sale to a consumer at the retail level. It does not include

        • (a) cannabis that is intended for an animal;

        • (b) a cannabis accessory that contains cannabis that is intended for an animal; or

        • (c) a drug containing cannabis. (produit du cannabis)

      • (7) Subsection 1(2) of the Regulations is amended by adding the following definitions in alphabetical order:

        combination product

        combination product means a product, consisting of a device and a prescription drug, for which a drug identification number has been assigned under subsection C.01.014.2(1) of the Food and Drug Regulations. (produit mixte)

        constituent

        constituent means an individual unit of food that is combined as an individual unit of food with one or more other individual units of food to form an ingredient. (constituant)

        contaminated

        contaminated means, in respect of cannabis, a cannabis accessory or an ingredient, containing or having on it anything — including a micro-organism but excluding anything referred to in item 1 or 3 of Schedule 1 to the Act — that may render the cannabis, cannabis accessory or ingredient injurious to human health or unsuitable for human use. (contaminé)

        durable life

        durable life means the period, commencing on the day on which a cannabis product is packaged for sale to a consumer at the retail level, during which the product, when it is stored under conditions appropriate to that product, will retain, without any appreciable deterioration, normal palatability and any other qualities claimed for it by the holder of a licence for processing that manufactured the product. (durée de conservation)

        durable life date

        durable life date means the date on which the durable life of a cannabis product ends. (date limite de conservation)

        food

        food has the same meaning as in section 2 of the Food and Drugs Act. (aliment)

        food additive

        food additive means any substance the use of which results, or may reasonably be expected to result, in it or its by-products becoming a part of, or affecting the characteristics of, a food or edible cannabis, but does not include

        • (a) anything referred to in item 1 or 3 of Schedule 1 to the Act; or

        • (b) anything that is excluded from the definition food additive in subsection B.01.001(1) of the Food and Drug Regulations. (additif alimentaire)

        former Industrial Hemp Regulations

        former Industrial Hemp Regulations means the regulations made by Order in Council P.C. 1998-352 of March 12, 1998 and registered as SOR/98-156. (ancien Règlement sur le chanvre industriel)

        immediate container

        immediate container means a container that is in direct contact with cannabis or a cannabis accessory that is a cannabis product or, if a wrapper is in direct contact with the cannabis or the cannabis accessory, with the wrapper. (contenant immédiat)

        ingestion

        ingestion includes absorption in the mouth. (ingestion)

        ingredient

        ingredient means

        • (a) in the case of a cannabis extract or a cannabis topical, a substance, other than anything referred to in item 1 or 3 of Schedule 1 to the Act, that is used to produce the cannabis extract or cannabis topical, including any substance used in the manufacture of that substance, and that is present in the final form of the cannabis extract or cannabis topical; and

        • (b) in the case of edible cannabis,

          • (i) a substance, other than anything referred to in item 1 or 3 of Schedule 1 to the Act,

            • (A) that is used to produce the edible cannabis if the use of the substance results, or may reasonably be expected to result, in the substance or its by-products becoming a part of, or affecting the characteristics of, the edible cannabis, or

            • (B) that is part of a mixture of substances referred to in item 2 of that Schedule that is used to produce the edible cannabis if the use of the mixture results, or may reasonably be expected to result, in the substance or its by-products becoming a part of, or affecting the characteristics of, the edible cannabis, or

          • (ii) a mixture of substances, other than anything referred to in item 1 or 3 of Schedule 1 to the Act,

            • (A) that is used to produce the edible cannabis if the use of the mixture results, or may reasonably be expected to result, in the mixture or its by-products becoming a part of, or affecting the characteristics of, the edible cannabis, or

            • (B) that is part of a mixture of substances referred to in item 2 of that Schedule that is used to produce the edible cannabis if the use of the latter mixture results, or may reasonably be expected to result, in the former mixture or its by-products becoming a part of, or affecting the characteristics of, the edible cannabis. (ingrédient)

        pest control product

        pest control product has the same meaning as in subsection 2(1) of the Pest Control Products Act. (produit antiparasitaire)

        potential to convert CBDA into CBD

        potential to convert CBDA into CBD means the maximum amount of CBD that would be obtained if CBDA was converted into CBD with no further degradation of CBD. (potentiel de transformation de l’ACBD en CBD)

        potential to convert THCA into THC

        potential to convert THCA into THC means the maximum amount of THC that would be obtained if THCA was converted into THC with no further degradation of THC. (potentiel de transformation de l’ATHC en THC)

        sugars

        sugars has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (sucres)

      • (8) Section 1 of the Regulations is amended by adding the following after subsection (3):

        • Deeming — immediate container

          (4) For the purposes of these Regulations, a cannabis accessory that contains edible cannabis in liquid form at a temperature of 22 ± 2°C and that is a cannabis product is deemed to be an immediate container.

  • — SOR/2019-206, s. 2

      • 2 (1) The heading to Part 1 of the Regulations is replaced by the following:

        General Authorizations and Prohibition

      • (2) Subsection 4(1) of the Regulations is amended by striking out “and” at the end of paragraph (c) and by replacing paragraph (d) with the following:

        • (d) to distribute cannabis to other individuals who are involved in the testing of cannabis as a requirement of their duties at a laboratory that is operated by the Government of Canada or the government of a province;

        • (e) to distribute cannabis to the individuals referred to in subsection (4); and

        • (f) to distribute cannabis to the holder of a licence for analytical testing.

      • (3) Subsection 4(4) of the Regulations is replaced by the following:

        • Authorized activities — accredited laboratory

          (4) Individuals who are involved in the testing of cannabis as a requirement of their duties at a laboratory that is designated as an accredited laboratory under section 2.1 of the Seeds Act are authorized to conduct the activities referred to in paragraphs (1)(a) and (c) to (f), and to offer to conduct the activity referred to in paragraph (1)(c), to the extent necessary to conduct the testing.

  • — SOR/2019-206, s. 3

    • 3 The Regulations are amended by adding the following after section 5:

      • Sale of cannabis containing caffeine

        5.1 For the purposes of subsection 34(1) of the Act,

        • (a) a holder of a licence for processing that authorizes the sale of cannabis may, in accordance with the licence, sell edible cannabis that is not a cannabis product and that contains caffeine if the caffeine has been introduced through the use of ingredients that naturally contain caffeine; and

        • (b) the following persons may, in accordance with their licence or the provincial authorization, as the case may be, sell edible cannabis that is a cannabis product and that contains caffeine if the caffeine has been introduced through the use of ingredients that naturally contain caffeine and the total amount of caffeine in each immediate container of the cannabis product does not exceed 30 mg:

          • (i) a holder of a licence for processing that authorizes the sale of cannabis,

          • (ii) a holder of a licence for sale that authorizes the sale of cannabis products, and

          • (iii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis.

      • Sale of cannabis containing ethyl alcohol
        • 5.2 (1) For the purposes of subsection 34(1) of the Act,

          • (a) a holder of a licence for processing that authorizes the sale of cannabis may, in accordance with the licence, sell a cannabis extract that is not a cannabis product and that contains ethyl alcohol; and

          • (b) the following persons may, in accordance with their licence or the provincial authorization, as the case may be, sell a cannabis extract that is a cannabis product and that contains ethyl alcohol if the cannabis extract is intended to be ingested and the net weight of the cannabis extract in each immediate container of the cannabis product does not exceed 7.5 g:

            • (i) a holder of a licence for processing that authorizes the sale of cannabis,

            • (ii) a holder of a licence for sale that authorizes the sale of cannabis products, and

            • (iii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis.

        • Edible cannabis

          (2) For the purposes of subsection 34(1) of the Act,

          • (a) a holder of a licence for processing that authorizes the sale of cannabis may, in accordance with the licence, sell edible cannabis that is not a cannabis product and that contains ethyl alcohol; and

          • (b) the following persons may, in accordance with their licence or the provincial authorization, as the case may be, sell edible cannabis that is a cannabis product and that contains ethyl alcohol if the concentration of ethyl alcohol does not exceed 0.5% w/w of the edible cannabis:

            • (i) a holder of a licence for processing that authorizes the sale of cannabis,

            • (ii) a holder of a licence for sale that authorizes the sale of cannabis products, and

            • (iii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis.

      • Prohibition to sell — voluntary recall

        5.3 A person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis must not sell a cannabis product that they know is the subject of a voluntary recall in Canada that has been commenced for reasons respecting

        • (a) the quality of the cannabis product; or

        • (b) the applicable requirements of Part 5 or 6 are otherwise not being met.

  • — SOR/2019-206, s. 4

    • 4 Subsection 10(1) of the Regulations is replaced by the following:

  • — SOR/2019-206, s. 5

      • 5 (1) Subparagraph 11(5)(c)(ii) of the Regulations is replaced by the following:

        • (ii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis; and

      • (2) Subparagraph 11(5)(d)(i) of the Regulations is replaced by the following:

        • (i) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis, or

  • — SOR/2019-206, s. 6

      • 6 (1) Subparagraph 14(5)(b)(ii) of the Regulations is replaced by the following:

        • (ii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis; and

      • (2) Subparagraph 14(5)(c)(i) of the Regulations is replaced by the following:

        • (i) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis, or

  • — SOR/2019-206, s. 7

      • 7 (1) Subparagraph 17(5)(d)(ii) of the Regulations is replaced by the following:

        • (ii) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis; and

      • (2) Subparagraph 17(5)(e)(i) of the Regulations is replaced by the following:

        • (i) a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis, or

      • (3) Subsection 17(6) of the English version of the Regulations is replaced by the following:

        • Client’s shipping address

          (6) If a holder of a licence for micro-processing or standard processing sends or delivers cannabis products under subparagraph (5)(e)(ii) further to the sale of such products under section 289, the holder must send or deliver the products to the client’s shipping address as indicated by the holder of a licence for sale for medical purposes.

  • — SOR/2019-206, s. 8

    • 8 Paragraph 18(1)(a) of the Regulations is replaced by the following:

      • (a) the sale or distribution of cannabis products to a person that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis; and

  • — SOR/2019-206, s. 9

      • 9 (1) Subsection 19(1) of the Regulations is replaced by the following:

        • Quality assurance person
          • 19 (1) A holder of a licence for processing must retain the services of one individual as a quality assurance person who has the training, experience and technical knowledge related to the requirements of Parts 5 and 6 that are applicable to the class of cannabis in respect of which activities are conducted under the licence.

          • Exception — edible cannabis

            (1.1) Despite subsection (1), if the quality assurance person does not have the training, experience and technical knowledge related to the requirements of Parts 5 and 6 that are applicable to edible cannabis, the holder of a licence for processing that conducts activities in respect of that class of cannabis must retain the services of another individual who has that training, experience and technical knowledge.

      • (2) Subsection 19(2) of the Regulations is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:

        • (b) investigating every complaint received in respect of the quality of the cannabis and, if necessary, immediately taking measures to mitigate any risk; and

        • (c) if they suspect, on reasonable grounds, that the cannabis or anything that will be used as an ingredient presents a risk of injury to human health or that the applicable requirements of Part 5 or 6 are otherwise not being met, immediately investigating the matter and, if necessary, immediately taking measures to mitigate any risk.

  • — SOR/2019-206, s. 10

    • 10 Items 5 and 6 of the table to section 21 of the Regulations are replaced by the following:

      Column 1Column 2
      ItemClass of cannabisAmount that is equivalent to 1 kg of dried cannabis
      5cannabis concentrates0.25 kg
  • — SOR/2019-206, s. 11

    • 11 Section 22 of the Regulations is amended by adding the following after subsection (3):

      • Distribution

        (4) A holder of a licence for analytical testing is also authorized, for the purpose of testing, to distribute cannabis to another holder of a licence for analytical testing or the individuals referred to in section 4.

  • — SOR/2019-206, s. 12

    • 12 Subsection 23(1) of the Regulations is replaced by the following:

      • Head of laboratory
        • 23 (1) A holder of a licence for analytical testing must retain the services of one individual as the head of laboratory who must work at the site set out in the licence and who is responsible for the testing referred to in sections 90 to 91.1.

  • — SOR/2019-206, s. 13

    • 13 Section 25 of the Regulations is replaced by the following:

      • Destruction
        • 25 (1) A holder of a licence for analytical testing must destroy the sample of a lot or batch of cannabis that has been distributed to them, and all cannabis obtained from that sample, within 90 days after completing the testing of the sample of the lot or batch.

        • Sample not tested

          (2) If testing of the sample of a lot or batch of cannabis distributed to the holder of the licence for analytical testing is not initiated within 120 days of its receipt, the holder must, by the end of that period, either destroy the sample or distribute it to another holder of a licence for analytical testing or to the individuals referred to in section 4.

  • — SOR/2019-206, s. 14

    • 14 Paragraph 28(5)(a) of the Regulations is replaced by the following:

      • (a) cannabis to any of the following:

        • (i) another holder of a licence for research,

        • (ii) a holder of a licence for analytical testing,

        • (iii) a holder of a cannabis drug licence,

        • (iv) the individuals referred to in section 4, or

        • (v) the Minister; and

  • — SOR/2019-206, s. 15

    • 15 Section 29 of the Regulations is amended by striking out “and” at the end of paragraph (i), by adding “and” at the end of paragraph (j) and by adding the following after paragraph (j):

  • — SOR/2019-206, s. 16

    • 16 Section 30 of the Regulations is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:

      • (c) the holder of a licence does not hold a cannabis licence issued under subsection 14(1.1) of the Excise Act, 2001, if it is required; and

      • (d) the cannabis licence issued to the holder under subsection 14(1.1) of the Excise Act, 2001 is suspended under subsection 23(2) of that Act.

  • — SOR/2019-206, s. 17

    • 17 Section 31 of the Regulations is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

  • — SOR/2019-206, s. 18

    • 18 Section 42 of the Regulations is renumbered as subsection 42(1) and is amended by adding the following after that subsection:

      • Irradiation of edible cannabis

        (2) For greater certainty, in the case of the irradiation of edible cannabis by a holder of a licence for processing, the requirements set out in subsection (1) apply in addition to the conditions set out in paragraphs 102.6(a) and (b).

  • — SOR/2019-206, s. 19

    • 19 Section 46 of the Regulations is replaced by the following:

      • Recall
        • 46 (1) A holder of a licence, other than a licence for analytical testing, must establish and maintain a system of control that permits the rapid and complete recall of every lot or batch of cannabis that has been sold or distributed.

        • Recall simulation

          (2) The holder must

          • (a) at least once every 12 months, conduct a recall simulation based on the system of control;

          • (b) after completing the recall simulation, prepare a document that sets out the details of how it was conducted and the results; and

          • (c) retain the document for at least two years after the day on which the recall simulation is completed.

  • — SOR/2019-206, s. 20

    • 20 The heading “General Provisions” before section 79 of the Regulations and sections 79 and 80 are replaced by the following:

      Definitions

      • Definitions

        78.1 The following definitions apply in this Part.

        acceptable level

        acceptable level means a level of a biological, chemical or physical hazard that does not present a risk of contamination of cannabis or anything that will be used as an ingredient. (niveau acceptable)

        control measure

        control measure means a measure that can be applied to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of cannabis or anything that will be used as an ingredient, or to reduce the hazard to an acceptable level. (mesure de contrôle)

        critical control point

        critical control point means a step at which the application of a control measure is essential to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of cannabis or anything that will be used as an ingredient, or to reduce the hazard to an acceptable level. (point de contrôle critique)

        sanitary condition

        sanitary condition means a condition that does not present a risk of contamination, allergen cross-contamination or introduction of an extraneous substance to cannabis or anything that will be used as an ingredient. (conditions hygiéniques)

      General Requirements

      • Sale, distribution and exportation — cannabis

        79 A holder of a licence must not sell, distribute or export cannabis unless the applicable requirements set out in sections 80 to 88.94 have been met.

      • Non-application — person not holding a licence

        79.1 The requirements of this Part do not apply to any activity that a person conducts in respect of anything that will be used as an ingredient unless the activity is conducted by a holder of a licence.

      • Non-application — holder of licence for analytical testing or research

        79.2 Sections 80 to 87.1 do not apply to a holder of a licence for analytical testing or a licence for research.

      • Standard operating procedures

        80 Cannabis and anything that will be used as an ingredient must be produced, packaged, labelled, distributed, stored, sampled and tested in accordance with standard operating procedures that are designed to ensure that those activities are conducted in accordance with the applicable requirements of this Part and Part 6.

  • — SOR/2019-206, s. 21

    • 21 Section 81 of the Regulations is renumbered as subsection 81(1) and is amended by adding the following:

      • Exception — edible cannabis

        (2) Despite subsection (1), edible cannabis may be treated during the course of production with a pest control product referred to in subparagraph 3(1)(b)(ii) of the Pest Control Products Regulations.

  • — SOR/2019-206, s. 22

    • 22 Sections 82 to 85 of the Regulations are replaced by the following:

      • Sanitizers, agronomic inputs and non-food chemical agents

        81.1 Any sanitizer, agronomic input or non-food chemical agent that is present at a site must

        • (a) be properly and clearly identified;

        • (b) be suitable for its intended use and not present a risk of contamination of cannabis or anything that will be used as an ingredient; and

        • (c) be handled and used in a manner that does not present a risk of contamination of cannabis or anything that will be used as an ingredient and that is in accordance with the manufacturer’s instructions.

      • Storage

        82 Cannabis and anything that will be used as an ingredient must be stored under conditions that maintain their quality.

      • Distribution

        83 Cannabis and anything that will be used as an ingredient must be distributed in a manner that maintains their quality.

      • Building or part of building

        84 Any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled, stored or tested must be designed, constructed and maintained in a manner that permits those activities to be conducted appropriately and under sanitary conditions and, in particular, that

        • (a) permits the building or part of the building to be kept clean and orderly;

        • (b) permits the effective cleaning of all surfaces in the building or part of the building;

        • (c) prevents the contamination of the cannabis or thing that will be used as an ingredient; and

        • (d) prevents the introduction of an extraneous substance to the cannabis or thing that will be used as an ingredient.

      • System — filtration and ventilation
        • 85 (1) Any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled, stored or tested must be equipped with a system that

          • (a) filters air to prevent the escape of odours associated with cannabis plant material to the outdoors;

          • (b) provides natural or mechanical ventilation with sufficient air exchange to provide clean air and to remove unclean air in order to prevent the contamination of the cannabis or thing that will be used as an ingredient;

          • (c) is accessible and, if necessary for its cleaning, maintenance or inspection, is capable of being disassembled;

          • (d) is capable of withstanding repeated cleaning; and

          • (e) functions in accordance with its intended use.

        • Exception — cultivation, propagation or harvesting of cannabis

          (2) Paragraph (1)(b) does not apply in respect of any building or part of a building where the only activities being conducted in respect of cannabis are its cultivation, propagation or harvesting.

        • Exception — cultivation, propagation or harvesting of anything used as an ingredient

          (3) Paragraphs (1)(b) to (e) do not apply in respect of any building or part of a building where the only activities being conducted in respect of anything that will be used as an ingredient are its cultivation, propagation or harvesting.

      • Supply of water
        • 85.1 (1) Any system that supplies water to a site must be appropriate for any activity being conducted in respect of cannabis or anything that will be used as an ingredient.

        • Cross-connection

          (2) Any system that supplies potable water to a site must not be cross-connected with any other system, unless measures are taken to eliminate any risk of contamination of cannabis or anything that will be used as an ingredient as a result of the cross-connection.

      • Lighting
        • 85.2 (1) Any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled, stored or tested must be equipped with natural or artificial lighting that is appropriate for the activity being conducted.

        • Light fixtures

          (2) Any light fixtures in the building or part of the building where the activities referred to in subsection (1) are conducted must

          • (a) be capable of withstanding repeated cleaning and, if necessary to prevent contamination of the cannabis or thing that will be used as an ingredient, repeated sanitizing; and

          • (b) not present a risk of contamination of the cannabis or thing that will be used as an ingredient in the event of breakage.

  • — SOR/2019-206, s. 23

      • 23 (1) The portion of subsection 86(1) of the Regulations before paragraph (a) is replaced by the following:

        • Equipment
          • 86 (1) Cannabis and anything that will be used as an ingredient must be produced, packaged, labelled, stored, sampled and tested using equipment that is designed, constructed, maintained, operated and arranged in a manner that

      • (2) Paragraphs 86(1)(c) and (d) of the Regulations are replaced by the following:

        • (b.1) is accessible and, if necessary for its cleaning, maintenance or inspection, is capable of being easily disassembled;

        • (c) prevents the contamination of the cannabis or thing that will be used as an ingredient;

        • (d) prevents the introduction of an extraneous substance to the cannabis or thing that will be used as an ingredient; and

        • (e) protects the cannabis or thing that will be used as an ingredient against allergen cross-contamination.

      • (3) Subsection 86(2) of the Regulations is replaced by the following:

        • Conveyances

          (1.1) Cannabis and anything that will be used as an ingredient must be distributed using a conveyance that is designed, constructed, maintained and operated in a manner that prevents the contamination of the cannabis or thing that will be used as an ingredient.

        • Non-application

          (2) Paragraphs (1)(d) and (e) do not apply to the outdoor cultivation, propagation or harvesting of cannabis or anything that will be used as an ingredient.

  • — SOR/2019-206, s. 24

      • 24 (1) The portion of subsection 87(1) of the Regulations before paragraph (a) is replaced by the following:

        • Sanitation program
          • 87 (1) Cannabis and anything that will be used as an ingredient must be produced, packaged, labelled, distributed, stored, sampled and tested in accordance with a sanitation program that sets out

      • (2) Paragraph 87(1)(b) of the Regulations is replaced by the following:

        • (b) procedures for effectively cleaning the equipment and conveyances used in those activities;

      • (3) Subsection 87(2) of the Regulations is replaced by the following:

        • Non-application

          (2) Paragraph (1)(a) does not apply to the outdoor cultivation, propagation or harvesting of cannabis or anything that will be used as an ingredient.

  • — SOR/2019-206, s. 25

    • 25 Section 88 of the Regulations is replaced by the following:

      • Hand cleaning and hand sanitizing stations and lavatories
        • 87.1 (1) If necessary to prevent the contamination of cannabis or anything that will be used as an ingredient, a site must be equipped with hand cleaning and hand sanitizing stations and lavatories that

          • (a) are appropriately equipped and adequate in number and size for the number of individuals using them;

          • (b) are located so that they are readily accessible to the individuals using them; and

          • (c) are capable of withstanding repeated cleaning and, as necessary, repeated sanitizing.

        • Hand cleaning and hand sanitizing stations

          (2) The hand cleaning and hand sanitizing stations must permit the effective cleaning and sanitization of hands.

        • Lavatories

          (3) The lavatories must be located and maintained so that they do not present any risk of contamination of cannabis or anything that will be used as an ingredient.

      Additional Requirements — Holder of Licence for Processing

      • Quality assurance

        88 A holder of a licence for processing must ensure that

        • (a) every investigation in respect of the matters referred to in paragraphs 19(2)(b) and (c) is conducted under the responsibility of the quality assurance person referred to in section 19;

        • (b) if necessary following an investigation, the quality assurance person immediately causes measures to be taken to mitigate any risk;

        • (c) cannabis and anything that will be used as an ingredient are produced, packaged, labelled, distributed, stored, sampled and tested using methods and procedures that, prior to their implementation, have been approved by the quality assurance person;

        • (d) in the case of a cannabis extract or edible cannabis, the quality assurance person approves the preventive control plan referred to in section 88.94 prior to its implementation; and

        • (e) every lot or batch of cannabis is approved by the quality assurance person before it is made available for sale.

      • Competencies and qualifications

        88.1 A holder of a licence for processing must ensure that any individual who conducts activities in relation to edible cannabis or anything that will be used as an ingredient in the production of edible cannabis has the competencies and qualifications that are necessary to conduct those activities at the site set out in the licence.

      • Temperature and humidity
        • 88.2 (1) A holder of a licence for processing must ensure that the temperature and humidity of any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled, stored or tested are maintained at levels that are appropriate for the activity being conducted with the cannabis or thing that will be used as an ingredient.

        • Heating, cooling or humidity-control system

          (2) If the building or part of the building is equipped with a heating, cooling or humidity-control system, the holder of the licence must ensure that the system

          • (a) if necessary to prevent contamination of the cannabis or thing that will be used as an ingredient, is equipped with instruments to control and indicate the temperature and humidity levels;

          • (b) is accessible and, if necessary for its cleaning, maintenance or inspection, is capable of being disassembled;

          • (c) is capable of withstanding repeated cleaning; and

          • (d) functions in accordance with its intended use.

      • Incompatible activities
        • 88.3 (1) A holder of a licence for processing must ensure that physical or other effective means are used to separate incompatible activities in order to prevent contamination of cannabis or anything that will be used as an ingredient.

        • Production of food

          (2) A holder of a licence for processing must not produce, package, label or store cannabis at a site set out in the licence if food that is to be sold is also produced, packaged or labelled at that site.

        • Exception

          (3) Despite subsection (2), a holder of a licence for processing may produce, package, label or store cannabis in a building within a site where food that is to be sold is produced, packaged or labelled if the food is not produced, packaged or labelled in the same building.

      • Separation of cannabis and ingredients from contaminants

        88.4 A holder of a licence for processing must ensure that physical or other effective means are used to separate cannabis or anything that will be used as an ingredient from anything that presents a risk of contamination of the cannabis or thing that will be used as an ingredient.

      • Ingredients — risk of injury to human health

        88.5 A holder of a licence for processing must ensure that anything that will be, or was intended to be, used as an ingredient that presents a risk of injury to human health is identified as such and is stored in a designated area within the site.

      • Potable water
        • 88.6 (1) A holder of a licence for processing must ensure that any water that might come into contact with a cannabis extract, a cannabis topical, edible cannabis or anything that will be used as an ingredient is potable and, if the water is not potable, must ensure that it does not present a risk of contamination of the cannabis extract, cannabis topical, edible cannabis or thing that will be used as an ingredient.

        • Steam and ice from potable water

          (2) A holder of a licence for processing must ensure that any steam or ice that might come into contact with a cannabis extract, a cannabis topical, edible cannabis or anything that will be used as an ingredient is made from water that meets the requirements of subsection (1) and, if the steam or ice does not meet those requirements, must ensure that it does not present a risk of contamination of the cannabis extract, cannabis topical, edible cannabis or thing that will be used as an ingredient.

      • No presence of animals

        88.7 A holder of a licence for processing must ensure that no animal is present in any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled or stored.

      • Land — risk of contamination

        88.8 If any land that forms part of a site set out in a licence for processing, or any land that is located near such a site, presents a risk of contamination of cannabis or anything that will be used as an ingredient, the holder of the licence must take measures to eliminate the risk.

      • Removal and disposal of contaminated materials and waste
        • 88.9 (1) A holder of a licence for processing must ensure that any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled or stored has means for the removal and disposal of contaminated materials and waste and, if necessary to prevent contamination of the cannabis or thing that will be used as an ingredient, that the building or part of the building is equipped with a drainage, sewage and plumbing system that functions in accordance with its intended use.

        • Frequency and manner

          (2) The holder of the licence must ensure that contaminated materials and waste are removed and disposed of at a frequency that is sufficient to prevent contamination of the cannabis or thing that will be used as an ingredient and in a manner that does not present a risk of contamination of the cannabis or thing that will be used as an ingredient.

      • Conveyances and equipment

        88.91 A holder of a licence for processing must ensure that any conveyance or equipment that is used at the site set out in the licence to handle any contaminated materials or any waste, unless that conveyance or equipment does not come into contact with those materials or waste,

        • (a) is used only for that purpose;

        • (b) is identified as being reserved for that purpose; and

        • (c) meets the applicable requirements of section 86.

      • Clothing, footwear and protective coverings

        88.92 A holder of a licence for processing must ensure that any individual who enters or is in any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled, stored, sampled or tested wears clothing, footwear and protective coverings, including gloves, a hairnet, a beard net and a smock, that are in good condition, clean and in sanitary condition and that are appropriate for the activity being conducted with the cannabis or thing that will be used as an ingredient.

      • Identification and analysis of hazards
        • 88.93 (1) A holder of a licence for processing that produces a cannabis extract or edible cannabis must identify and analyze the biological, chemical and physical hazards that present a risk of contamination of the cannabis or anything that will be used as an ingredient in the production of the cannabis extract or edible cannabis.

        • Prevention, elimination and reduction of hazards

          (2) The holder of the licence must prevent, eliminate or reduce to an acceptable level the hazards referred to in subsection (1) by using control measures that are shown by evidence to be effective, including any treatment or process.

      • Preventive control plan
        • 88.94 (1) A holder of a licence for processing that conducts activities in relation to a cannabis extract or edible cannabis must prepare, retain, maintain and implement a written preventive control plan for any activity they conduct in respect of the cannabis or anything that will be used as an ingredient in the production of the cannabis extract or edible cannabis.

        • Content of preventive control plan

          (2) The preventive control plan must include

          • (a) a description of the measures for ensuring that the applicable requirements of sections 101.3, 101.4, 102, 102.2, 102.3, 102.5 and 102.6 are met;

          • (b) in relation to the applicable requirements of these Regulations,

            • (i) a description of the biological, chemical and physical hazards that are identified under subsection 88.93(1) that present a risk of contamination of the cannabis extract, edible cannabis or anything that will be used as an ingredient in the production of the cannabis extract or edible cannabis,

            • (ii) a description of the control measures for preventing, eliminating or reducing to an acceptable level the hazards referred to in subparagraph (i) and the evidence that the control measures are effective,

            • (iii) a description of the critical control points, the related control measures and the evidence that the control measures are effective,

            • (iv) a description of the critical limits for each critical control point,

            • (v) the procedures for monitoring the critical control points in relation to their critical limits,

            • (vi) the corrective action procedures for each critical control point,

            • (vii) the procedures for verifying that the implementation of the preventive control plan results in compliance with these Regulations, and

            • (viii) documents that substantiate that the preventive control plan has been implemented with respect to subparagraphs (i) to (vii); and

          • (c) supporting documents that show evidence of the information recorded under paragraph (a) and subparagraphs (b)(i) to (vii).

        • Retention period

          (3) Each document referred to in subparagraph (2)(b)(viii) must be retained for at least two years after the day on which it is prepared.

  • — SOR/2019-206, s. 26

    • 26 Sections 90 to 92 of the Regulations are replaced by the following:

      • Testing for phytocannabinoids
        • 90 (1) Testing for the quantity or concentration, as the case may be, of THC, THCA, CBD and CBDA must be conducted on each lot or batch of cannabis, other than cannabis plants or cannabis plant seeds, that

          • (a) is or will become a cannabis product; or

          • (b) is or will be contained in a cannabis accessory that is or will become a cannabis product.

        • Timing of testing

          (2) The testing must be conducted on the final form of the cannabis, either before or after it — or the cannabis accessory that contains it — is packaged and labelled as a cannabis product.

      • Testing for contaminants
        • 91 (1) Testing for microbial and chemical contaminants — other than residues of a pest control product or its components or derivatives — must be conducted on

          • (a) each lot or batch of cannabis — other than cannabis plants, cannabis plant seeds or edible cannabis — that

            • (i) is or will become a cannabis product, or

            • (ii) is or will be contained in a cannabis accessory that is or will become a cannabis product; or

          • (b) each lot or batch of cannabis — other than cannabis plant seeds — that

            • (i) is used to produce the cannabis referred to in paragraph (a), or

            • (ii) is used to produce edible cannabis that is or will become a cannabis product, or that is or will be contained in a cannabis accessory that is or will become a cannabis product.

        • Timing of testing

          (2) The testing on a lot or batch of cannabis must be conducted as follows:

          • (a) the testing referred to in paragraph (1)(a) must be conducted on the final form of the cannabis, either before or after it — or the cannabis accessory that contains it — is packaged and labelled as a cannabis product; and

          • (b) the testing referred to in paragraph (1)(b) must be conducted after the final step in the production process during which the contaminants referred to in subsection (1) could have been introduced or could be concentrated, whichever is later.

        • Tolerance limits

          (3) The results of the testing referred to in subsection (1) must enable a determination of whether the contaminants, if any, are or will be within the tolerance limits referred to in subsection 93(3) or 94(2) or section 101.1, as the case may be.

      • Dissolution and disintegration testing
        • 91.1 (1) If cannabis — or a cannabis accessory that contains cannabis — is or will become a cannabis product to which subsection 95(1) applies, testing must be conducted on each lot or batch of the cannabis or cannabis accessory to determine whether the requirements referred to in that subsection are, or will be, met.

        • Timing of testing

          (2) The testing must be conducted on the final form of the cannabis, either before or after it — or the cannabis accessory that contains it — is packaged and labelled as a cannabis product.

      • Testing method
        • 92 (1) Testing that is conducted under sections 90 to 91.1 — or to determine whether the applicable requirements in Part 6 are, or will be, met — must be conducted using validated methods on a representative sample of each lot or batch of cannabis or cannabis accessory that contains cannabis.

        • Retention period

          (2) A portion of the sample referred to in subsection (1) must be retained for at least one year after the date of the last sale of any portion of the lot or batch.

        • Sufficient quantity

          (3) The portion of the sample retained under subsection (2) must be of sufficient quantity to enable a determination of

          • (a) whether the lot or batch meets the requirements of section 81, subsection 93(3), 94(2) or 95(1) or section 101.1, as applicable; and

          • (b) the quantity or concentration of THC, THCA, CBD and CBDA.

  • — SOR/2019-206, s. 27

    • 27 Sections 93 to 98 of the Regulations are replaced by the following:

      • Interpretation — residues of pest control products

        92.1 In this Part, a reference to residues of a pest control product includes the residues of any component or derivative of the pest control product.

      • Residues of pest control products — cannabis plants and seeds

        92.2 Cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — must not contain or have on them residues of a pest control product that is registered for use on cannabis under the Pest Control Products Act, or that is otherwise authorized for use under that Act, unless the residues are within any maximum residue limits that are specified in relation to cannabis under section 9 or 10 of that Act.

      • Dried and fresh cannabis
        • 93 (1) Dried cannabis or fresh cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it anything other than anything referred to in item 1 of Schedule 1 to the Act.

        • Residues of pest control products

          (2) Despite subsection (1), cannabis that is referred to in that subsection may contain or have on it residues of a pest control product that is registered for use on cannabis under the Pest Control Products Act, or that is otherwise authorized for use under that Act, if the residues are within any maximum residue limits that are specified in relation to cannabis under section 9 or 10 of that Act.

        • Microbial and chemical contaminants

          (3) Despite subsection (1), cannabis that is referred to in that subsection may contain or have on it microbial or chemical contaminants if the contaminants are within generally accepted tolerance limits for human use that are

          • (a) established in a publication referred to in Schedule B to the Food and Drugs Act; and

          • (b) appropriate for the intended use and any reasonably foreseeable use of the cannabis product.

        • More stringent limit applies

          (4) If there are generally accepted tolerance limits referred to in subsection (3) that apply in respect of the residues of a pest control product referred to in subsection (2) for which a maximum residue limit has been specified in relation to cannabis under the Pest Control Products Act, the more stringent limit applies.

      • Cannabis used in production
        • 94 (1) Cannabis that is referred to in item 1 or 3 of Schedule 1 to the Act and that is used in the production of the following cannabis must not contain or have on it residues of a pest control product that is registered for use on cannabis under the Pest Control Products Act, or that is otherwise authorized for use under that Act, unless the residues are within any maximum residue limits that are specified in relation to cannabis under section 9 or 10 of that Act:

          • (a) a cannabis extract that will become a cannabis product or that will be contained in a cannabis accessory that will become a cannabis product;

          • (b) a cannabis topical that will become a cannabis product or that will be contained in a cannabis accessory that will become a cannabis product; and

          • (c) edible cannabis that will become a cannabis product or that will be contained in a cannabis accessory that will become a cannabis product.

        • Edible cannabis — microbial and chemical contaminants

          (2) Cannabis that is referred to in item 1 or 3 of Schedule 1 to the Act and that is used in the production of edible cannabis must not, if the edible cannabis will become a cannabis product or will be contained in a cannabis accessory that will become a cannabis product, contain or have on it microbial or chemical contaminants unless the contaminants are within generally accepted tolerance limits for human use that are

          • (a) established in a publication referred to in Schedule B to the Food and Drugs Act; and

          • (b) appropriate for a product that is to be ingested.

      • Dissolution and disintegration
        • 95 (1) Each discrete unit of a cannabis product that is intended for ingestion or nasal, rectal or vaginal use must meet, if the form of the unit is similar to a dosage form for which a dissolution or disintegration test is set out in a publication referred to in Schedule B to the Food and Drugs Act, the requirements of the test or, if there is more than one applicable test, the requirements of any such test that is suitable for demonstrating that the cannabis product will perform as intended.

        • Exception

          (2) Subsection (1) does not apply to edible cannabis.

      • Maximum quantity of THC — discrete unit
        • 96 (1) Subject to subsection 97(1), each discrete unit of a cannabis product that is intended for ingestion or nasal, rectal or vaginal use must not contain a quantity of THC that exceeds 10 mg, taking into account the potential to convert THCA into THC.

        • Exception

          (2) Subsection (1) does not apply to edible cannabis.

      • Variability limits
        • 97 (1) A cannabis extract, or a cannabis topical, that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain, in respect of any quantity or concentration of THC or CBD that is displayed on the label, less than 85% or more than 115% of that quantity or concentration.

        • Edible cannabis

          (2) Edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain

          • (a) if a quantity of THC or CBD that is displayed on the label exceeds 5 mg, less than 85% or more than 115% of that quantity;

          • (b) if a quantity of THC or CBD that is displayed on the label exceeds 2 mg but does not exceed 5 mg, less than 80% or more than 120% of that quantity; and

          • (c) if a quantity of THC or CBD that is displayed on the label does not exceed 2 mg, less than 75% or more than 125% of that quantity.

      • Variability limits — divisible cannabis products
        • 97.1 (1) If a cannabis product that is not in discrete units is represented as being able to be divided into discrete units, each represented unit must not contain

          • (a) a quantity of THC that is less than 75% or more than 125% of the quantity of THC in each of the other represented units, taking into account the potential to convert THCA into THC; and

          • (b) a quantity of CBD that is less than 75% or more than 125% of the quantity of CBD in each of the other represented units, taking into account the potential to convert CBDA into CBD.

        • Divisible units

          (2) If a cannabis product is in discrete units that are represented as being able to be divided into discrete sub-units, each represented subunit must not contain

          • (a) a quantity of THC that is less than 75% or more than 125% of the quantity of THC in each of the other represented subunits, taking into account the potential to convert THCA into THC; and

          • (b) a quantity of CBD that is less than 75% or more than 125% of the quantity of CBD in each of the other represented subunits, taking into account the potential to convert CBDA into CBD.

      • Products that must not be sold or distributed

        98 The following cannabis products must not be sold or distributed:

        • (a) a cannabis product that is intended to be used in the area of the human eye bounded by the supraorbital and infraorbital ridges, including the eyebrows, the skin underlying the eyebrows, the eyelids, the eyelashes, the conjunctival sac of the eye, the eyeball and the soft tissue that lies below the eye and within the infraorbital ridge; and

        • (b) a cannabis product that is intended to be used on damaged or broken skin or to penetrate the skin barrier other than by absorption.

      • Multiple units

        98.1 It is prohibited for a holder of a licence to sell or distribute a cannabis extract, a cannabis topical or edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — if the immediate container contains multiple discrete units, unless the properties of each unit, including size but excluding flavour and colour, as applicable, are consistent.

  • — SOR/2019-206, s. 28

    • 28 The heading before section 101 of the Regulations and sections 101 and 102 are replaced by the following:

      Cannabis Extracts and Cannabis Topicals

      • Things injurious to health
        • 101 (1) A cannabis extract, or a cannabis topical, that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it anything that may cause injury to the health of the user when the cannabis product is used as intended or in a reasonably foreseeable way.

        • Exception

          (2) Subsection (1) does not, in respect of a cannabis extract that is intended to be combusted and inhaled, prohibit anything that may cause injury as a result of the intended combustion and inhalation.

        • Things that do not cause injury

          (3) For the purposes of subsection (1), a cannabis extract or a cannabis topical does not contain or have on it anything that may cause injury to the health of the user by reason only that it contains or has on it

          • (a) anything referred to in item 1 or 3 of Schedule 1 to the Act;

          • (b) residues of a pest control product that is registered for use on cannabis under the Pest Control Products Act, or that is otherwise authorized for use under that Act, if the residues are within any maximum residue limits that are specified in relation to cannabis under section 9 or 10 of that Act; or

          • (c) microbial or chemical contaminants — other than residues of a pest control product referred to in paragraph (b) — if the contaminants are within generally accepted tolerance limits for human use that are

            • (i) established in a publication referred to in Schedule B to the Food and Drugs Act, and

            • (ii) appropriate for the intended use and any reasonably foreseeable use of the cannabis product.

      • Microbial and chemical contaminants

        101.1 A cannabis extract, or a cannabis topical, that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it microbial or chemical contaminants unless the contaminants are within generally accepted tolerance limits for human use that are

        • (a) established in a publication referred to in Schedule B to the Food and Drugs Act; and

        • (b) appropriate for the intended use and any reasonably foreseeable use of the cannabis product.

      • Maximum quantity of THC

        101.2 A cannabis extract, or a cannabis topical, that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain a quantity of THC that exceeds 1000 mg per immediate container, taking into account the potential to convert THCA into THC.

      • Cannabis extract — content
        • 101.3 (1) A cannabis extract that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain any ingredients other than

          • (a) carrier substances;

          • (b) flavouring agents; and

          • (c) substances that are necessary to maintain the quality or stability of the cannabis product.

        • Prohibited ingredients

          (2) The following substances must not be used as ingredients to produce a cannabis extract referred to in subsection (1):

        • Exception — vitamins

          (3) Despite paragraph 2(a), a vitamin may be used as an ingredient to maintain the quality or stability of the cannabis extract referred to in subsection (1) if it is used in an amount that does not exceed what is necessary to maintain the quality or stability of the cannabis product.

        • Naturally occurring substances

          (4) An ingredient that is used to produce the cannabis extract referred to in subsection (1) may contain a substance referred to in subsection (2) only if that substance is naturally present in the ingredient at a level that is not above the naturally occurring level for that ingredient.

        • Permitted ingredients — inhaled cannabis extract

          (5) An ingredient — other than a flavouring agent — must not be used to produce a cannabis extract referred to in subsection (1) that is intended to be consumed by means of inhalation unless

          • (a) a standard for the ingredient is set out in a publication referred to in Schedule B to the Food and Drugs Act; and

          • (b) the ingredient complies with the standard.

        • Ethyl alcohol — ingested cannabis extract

          (6) A cannabis extract referred to in subsection (1) must not contain ethyl alcohol unless

          • (a) the cannabis extract is intended to be ingested; and

          • (b) the net weight of the cannabis extract in each immediate container of the cannabis product does not exceed 7.5 g.

      • Uniform distribution — cannabinoids and terpenes

        101.4 The cannabinoids and terpenes in a cannabis extract, or a cannabis topical, that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must be uniformly distributed throughout the cannabis extract or cannabis topical.

      • Cannabis extract — external body surfaces

        101.5 A cannabis extract that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not be represented for use, directly or indirectly, on external body surfaces, including hair and nails.

      Edible Cannabis

      • Ingredients — edible cannabis
        • 102 (1) Edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain any ingredients other than food and food additives.

        • Temporarily marketed foods

          (2) A food that is described in a Temporary Marketing Authorization Letter issued under subsection B.01.054(1) of the Food and Drug Regulations must not be used as an ingredient to produce edible cannabis referred to in subsection (1) and must not be a constituent of such an ingredient.

        • Meat products, poultry products and fish

          (3) A meat product, poultry product or fish, other than a food additive, must not be used as an ingredient to produce edible cannabis referred to in subsection (1) — and must not be a constituent of such an ingredient — unless the meat product, poultry product or fish

          • (a) has been produced by a person that is authorized to produce it under the laws of a province or the Safe Food for Canadians Act or has been imported in accordance with that Act; and

          • (b) has a water activity that does not exceed 0.85 at a temperature of 22 ± 2°C at the time the meat product, poultry product or fish is obtained by the holder of the licence for processing that is producing the edible cannabis.

        • Self-produced food

          (4) A holder of a licence for processing that produces a food may use it as an ingredient to produce edible cannabis referred to in subsection (1) — or as a constituent of such an ingredient — if

          • (a) the food is not a meat product, poultry product or fish; and

          • (b) the sale of the food would not be prohibited under section 4 of the Food and Drugs Act.

        • Food additives

          (5) A holder of a licence for processing may use a food additive as an ingredient to produce edible cannabis referred to in subsection (1) only if

          • (a) the edible cannabis would be a food that is the subject of a marketing authorization if the edible cannabis did not contain or have on it anything referred to in item 1 or 3 of Schedule 1 to the Act;

          • (b) the marketing authorization permits the food additive to be in or on the food;

          • (c) the conditions under which the marketing authorization permits the food additive to be in or on the food — including any maximum levels of use — are complied with; and

          • (d) the food additive is not caffeine or caffeine citrate.

        • Vitamins and mineral nutrients

          (6) A vitamin or mineral nutrient must not be used as an ingredient to produce edible cannabis referred to in subsection (1) unless its use is permitted under subsection (5).

        • Definitions

          (7) The following definitions apply in this section.

          fish

          fish has the same meaning as in section 1 of the Safe Food for Canadians Regulations. (poisson)

          marketing authorization

          marketing authorization, except in subsection (2), has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (autorisation de mise en marché)

          meat product

          meat product has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (produit de viande)

          mineral nutrient

          mineral nutrient has the same meaning as in subsection D.02.001(1) of the Food and Drug Regulations except that it does not include sodium, potassium or chloride or compounds that include those elements. (minéral nutritif)

          poultry product

          poultry product has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (produit de volaille)

          vitamin

          vitamin has the same meaning as in subsection D.01.002(1) of the Food and Drug Regulations. (vitamine)

          water activity

          water activity means the ratio of the water vapour pressure of a meat product, poultry product or fish to the vapour pressure of pure water, at the same temperature and pressure. (activité de l’eau)

      • Prohibited things
        • 102.1 (1) Edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it anything in a quantity that would cause the sale of the edible cannabis to be prohibited under any of paragraphs 4(1)(a) to (d) of the Food and Drugs Act if the edible cannabis were a food to which that Act applies.

        • Not poisonous, harmful or adulterated

          (2) Edible cannabis does not have a poisonous or harmful substance in or on it, within the meaning of paragraph 4(1)(a) of the Food and Drugs Act, and is not adulterated, within the meaning of paragraph 4(1)(d) of that Act, by reason only that it contains or has on it

          • (a) anything referred to in item 1 or 3 of Schedule 1 to the Act;

          • (b) residues of a pest control product that is registered for use on cannabis under the Pest Control Products Act, or is otherwise authorized for use under that Act, if the residues are within any maximum residue limits that are specified in relation to cannabis under section 9 or 10 of that Act; or

          • (c) microbial or chemical contaminants — other than residues of a pest control product referred to in paragraph (b) — if the contaminants are within generally accepted tolerance limits for human use that are

            • (i) established in a publication referred to in Schedule B to the Food and Drugs Act, and

            • (ii) appropriate for a product that is to be ingested.

      • Caffeine

        102.2 Edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it caffeine unless

        • (a) the caffeine has been introduced through the use of ingredients that naturally contain caffeine; and

        • (b) the total amount of caffeine in each immediate container of the cannabis product does not exceed 30 mg.

      • Ethyl alcohol

        102.3 Edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it ethyl alcohol unless the concentration of ethyl alcohol does not exceed 0.5% w/w of the edible cannabis.

      • Cannabis products requiring refrigeration

        102.4 It is prohibited for a holder of a licence to sell or distribute edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — if the unopened immediate container must be stored at or below 4°C to prevent the cannabis product from becoming contaminated before its durable life date.

      • Hermetically sealed containers
        • 102.5 (1) It is prohibited for a holder of a licence to sell or distribute edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — in a hermetically sealed container if any component of the edible cannabis has a pH that exceeds 4.6 and a water activity that exceeds 0.85 at a temperature of 22 ± 2°C.

        • Definitions

          (2) The following definitions apply in subsection (1).

          hermetically sealed container

          hermetically sealed container means a container that, due to its design, is secure against the entry of micro-organisms, including spores. (contenant hermétiquement scellé)

          water activity

          water activity means the ratio of the water vapour pressure of the component to the vapour pressure of pure water, at the same temperature and pressure. (activité de l’eau)

      • Irradiation

        102.6 A holder of a licence for processing must not irradiate edible cannabis unless

        • (a) the edible cannabis would be a food that is listed in item 3 or 4, column 1, of the table to Division 26 of Part B of the Food and Drug Regulations if the edible cannabis did not contain or have on it anything that is referred to in item 1 or 3 of Schedule 1 to the Act; and

        • (b) the holder satisfies the requirements set out in paragraphs B.26.003(2)(a) and (b) and subsection B.26.004(1) of those Regulations in respect of the edible cannabis.

      • Maximum quantity of THC

        102.7 Subject to subsection 97(2), edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain a quantity of THC that exceeds 10 mg per immediate container, taking into account the potential to convert THCA into THC.

  • — SOR/2019-206, s. 29

    • 29 Sections 103 and 104 of the Regulations are replaced by the following:

      • Contamination

        103 A cannabis accessory that is a cannabis product, or that is packaged with a cannabis product, must not be contaminated.

      • Flavour

        103.1 A cannabis accessory that is a cannabis product, or that is packaged with a cannabis product, must not impart a characterizing flavour to the cannabis.

      • Dispensing limit

        103.2 Subject to subsection 97(1), each activation of the following cannabis accessories must not dispense a quantity of cannabis extract that contains greater than 10 mg of THC, taking into account the potential to convert THCA into THC:

        • (a) a cannabis accessory that is a cannabis product and that dispenses a cannabis extract that is intended for ingestion or nasal, rectal or vaginal use; or

        • (b) a cannabis accessory that is packaged with, and that is intended to dispense, a cannabis extract that is a cannabis product and that is intended for ingestion or nasal, rectal or vaginal use.

      • Psychological effects, abuse liability and toxicity
        • 104 (1) A component of a cannabis product — other than a component that is anything referred to in item 1 or 3 of Schedule 1 to the Act — and a cannabis accessory that is packaged with a cannabis product must not, through any means other than heating or combustion, and when used as intended or in a reasonably foreseeable way,

          • (a) alter or enhance the psychological effects derived from the cannabis product in a manner that may cause injury to the health of the user;

          • (b) increase the potential for abuse liability of the cannabis product; or

          • (c) increase the toxicity of the cannabis product.

        • Exceptions

          (2) Subsection (1) does not prohibit the presence of

          • (a) ethyl alcohol in or on a cannabis product referred to in subsection 101.3(6) or section 102.3 if the conditions set out in that subsection or section, as the case may be, are met; and

          • (b) caffeine in or on a cannabis product referred to in section 102.2 if the conditions set out in that section are met.

      PART 6.1Promotion

      • Non-application — prescription drug and combination product

        104.1 Sections 104.11 to 104.16 do not apply to a prescription drug or a combination product.

      • Flavours

        104.11 It is prohibited to promote a cannabis extract — or a cannabis accessory that contains a cannabis extract — under subsections 17(2) to (6) of the Act in a manner that could cause a person to believe that the cannabis extract or the cannabis accessory has a flavour set out in column 1 of Schedule 3 to the Tobacco and Vaping Products Act, other than the flavour of cannabis.

      • Health and cosmetic benefits
        • 104.12 (1) It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsections 17(2) to (6) of the Act if there are reasonable grounds to believe that the promotion could create the impression that health or cosmetic benefits may be derived from the service or the use of the cannabis or the cannabis accessory.

        • Non-application — medical devices

          (2) Subsection (1) does not apply with respect to a medical device in respect of which a licence has been issued under subsection 36(1) of the Medical Devices Regulations.

      • Energy value and amount of nutrient
        • 104.13 (1) It is prohibited to promote edible cannabis — or a cannabis accessory that contains edible cannabis — under subsections 17(2) to (6) of the Act by communicating information about the energy value referred to in item 2 of the table to section 132.22 or the amount of any nutrient referred to in items 3 to 15 of that table or in items 5 to 37 of the table to section B.01.402 of the Food and Drug Regulations.

        • Exception — nutrition facts table

          (2) Despite subsection (1), edible cannabis or a cannabis accessory that contains edible cannabis may be promoted by reproducing the nutrition facts table that is required to be included on the label of any container in which the edible cannabis or the cannabis accessory is packaged in accordance with these Regulations using smaller, larger or identical dimensions and spacing.

      • Dietary requirements

        104.14 It is prohibited to promote edible cannabis — or a cannabis accessory that contains edible cannabis — under subsections 17(2) to (6) of the Act if there are reasonable grounds to believe that the promotion could create the impression that the edible cannabis or accessory is intended

        • (a) to meet the particular dietary requirements of an individual

          • (i) who has a physical or physiological condition as a result of a disease, disorder or injury, or

          • (ii) for whom a particular effect, including weight loss, is to be obtained by a controlled intake of food; or

        • (b) to meet the dietary requirements of young persons.

      • Alcoholic beverages

        104.15 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsections 17(2) to (6) of the Act if there are reasonable grounds to believe that the promotion could associate the cannabis, the cannabis accessory or the service with an alcoholic beverage.

      • Tobacco products and vaping products

        104.16 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsections 17(2) to (6) of the Act if there are reasonable grounds to believe that the promotion could associate the cannabis, the cannabis accessory or the service with a tobacco product, as defined in section 2 of the Tobacco and Vaping Products Act, or a vaping product to which that Act applies.

      • Place where young persons are not permitted

        104.17 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under paragraphs 17(2)(b) and (3)(b) of the Act in such a manner that the promotion may be audible or visible from outside a place where young persons are not permitted by law.

      • Number of brand elements

        104.18 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsection 17(6) of the Act in a manner that results in the same brand element being displayed more than once on a thing referred to in that subsection or in more than one brand element being displayed on the thing.

      • Public place frequented mainly by young persons

        104.19 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsection 17(6) of the Act by displaying a brand element of cannabis, of a cannabis accessory or of a service related to cannabis on any thing that is in a school, a public playground, a daycare facility or any other public place frequented mainly by young persons or that is visible from such a place.

      • Dimensions of brand element

        104.2 A brand element referred to in subsection 17(6) of the Act must meet the following requirements:

        • (a) the surface area must be smaller than or equal to 300 cm2; and

        • (b) the height of any letter, character or number must be smaller than or equal to 4 cm.

  • — SOR/2019-206, s. 30

      • 30 (1) The definition immediate container in section 105 of the Regulations is repealed.

      • (2) Section 105 of the Regulations is amended by adding the following in alphabetical order:

        common name

        common name, in respect of edible cannabis, has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (nom usuel)

        daily value

        daily value means

        • (a) in the case of a nutrient set out in column 1 of Part 1 of the Table of Daily Values, as defined in subsection B.01.001(1) of the Food and Drug Regulations, the quantity set out in column 3; and

        • (b) in the case of a nutrient set out in column 1 of Part 2 of the table referred to in paragraph (a), the quantity set out in column 4. (valeur quotidienne)

        energy value

        energy value means, in respect of a cannabis product, the amount of energy made available to a person’s body when the chemical components of the cannabis product, including protein, fat, carbohydrate and alcohol, are metabolized following ingestion of the cannabis product by the person. (valeur énergétique)

        exterior display surface

        exterior display surface means the area on the exterior surface of an immediate container to which a label is applied and that is visible under customary conditions of purchase or use. (espace extérieur d’affichage)

        fat

        fat has the same meaning as in subsection B.01.400(1) of the Food and Drug Regulations. (lipides)

        food allergen

        food allergen has the same meaning as in subsection B.01.010.1(1) of the Food and Drug Regulations. (allergène alimentaire)

        food allergen source, gluten source and added sulphites statement

        food allergen source, gluten source and added sulphites statement means a statement appearing on the label of any container in which edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product is packaged that indicates the source of a food allergen or gluten that is present in the cannabis product or the presence in the cannabis product of added sulphites in an amount of 10 p.p.m. or more. (mention des sources d’allergènes alimentaires ou de gluten et des sulfites ajoutés)

        gluten

        gluten has the same meaning as in subsection B.01.010.1(1) of the Food and Drug Regulations. (gluten)

        INCI name

        INCI name has the same meaning as in subsection 2(1) of the Cosmetic Regulations. (appellation INCI)

        label

        label does not include a panel referred to in paragraph 132.27(1)(b). (étiquette)

        p.p.m.

        p.p.m. means parts per million by weight. (p.p.m.)

        saturated fatty acids

        saturated fatty acids, saturated fat, saturates or saturated has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (acides gras saturés, graisses saturées, gras saturés, lipides saturés ou saturés)

        sugars-based ingredient

        sugars-based ingredient has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (ingrédient à base de sucres)

        sulphites

        sulphites means one or more of the following food additives:

        • (a) potassium bisulphite;

        • (b) potassium metabisulphite;

        • (c) sodium bisulphite;

        • (d) sodium dithionite;

        • (e) sodium metabisulphite;

        • (f) sodium sulphite;

        • (g) sulphur dioxide; and

        • (h) sulphurous acid. (sulfites)

        trans fatty acids

        trans fatty acids, trans fat or trans has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (acides gras trans, graisses trans, gras trans, lipides trans ou trans)

      • (3) Section 105 of the Regulations is renumbered as subsection 105(1) and is amended by adding the following after subsection (1):

        • Definition of panel

          (2) For the purposes of sections 112 to 117, 121 and 132.13, subsections 132.27(2) to (7) and (9) and sections 132.28 to 132.32, panel means a panel referred to in paragraph 132.27(1)(b).

  • — SOR/2019-206, s. 31

    • 31 Section 112 of the Regulations is replaced by the following:

      • Image

        112 Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the interior surface, exterior surface and panel of any container in which a cannabis product is packaged must not display any image.

  • — SOR/2019-206, s. 32

      • 32 (1) Subsection 113(1) of the Regulations is replaced by the following:

        • Uniform colour
          • 113 (1) Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the colour of the interior surface, exterior surface and panel of any container in which a cannabis product is packaged must be one uniform colour. However, the colour of each surface and the panel may be different.

      • (2) The portion of subsection 113(2) of the Regulations before paragraph (a) is replaced by the following:

        • Colour — other requirements

          (2) The colour of the interior surface, exterior surface and panel must meet the following requirements:

      • (3) Subsection 113(3) of the Regulations is replaced by the following:

        • Exception

          (3) Despite subsection (2),

          • (a) an interior surface that is made of metal may be the colour of the metal; and

          • (b) an exterior surface of an immediate container that is made of metal, excluding the label or any image, may be the colour of the metal.

  • — SOR/2019-206, s. 33

    • 33 Section 114 of the Regulations is repealed.

  • — SOR/2019-206, s. 34

    • 34 Subsection 115(1) of the Regulations is replaced by the following:

      • Texture
        • 115 (1) Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the interior surface, exterior surface and panel of any container in which a cannabis product is packaged and any covering of such a container must have a smooth texture without any raised features, embossing, decorative ridges, bulges or other irregularities.

  • — SOR/2019-206, s. 35

    • 35 Sections 116 and 117 of the Regulations are replaced by the following:

      • Hidden features
        • 116 (1) The interior surface, exterior surface and panel of any container in which a cannabis product is packaged and any covering of such a container must not include any hidden feature that is designed to change the appearance of the container, covering or panel, such as heat-activated ink or a feature that is visible only through technological means, except a feature that is used to prevent counterfeiting.

        • Feature designed to change surface area

          (2) Subject to section 132.27, the interior surface and exterior surface of any container in which a cannabis product is packaged and any covering of such a container must not include any feature that is designed to change the surface area of the container or covering, such as a fold-out panel.

      • Scent and sound

        117 The interior surface, exterior surface and panel of any container in which a cannabis product is packaged and any covering of such a container must not be capable of emitting a scent or sound.

  • — SOR/2019-206, s. 36

    • 36 Section 121 of the Regulations is replaced by the following:

      • Cut-out window

        121 The interior surface, exterior surface and panel of any container in which a cannabis product is packaged must not include any cut-out window.

  • — SOR/2019-206, s. 37

    • 37 The Regulations are amended by adding the following after section 122:

      • Wrapper

        122.1 A wrapper may be used with respect to a cannabis product only if

        • (a) it is in direct contact with the cannabis or the cannabis accessory and with one or both of the following:

          • (i) the immediate container of the cannabis product,

          • (ii) a wrapper that is in direct contact with the cannabis or the cannabis accessory; and

        • (b) it is required to maintain the quality or stability of the cannabis product.

      • Packaging requirements — other Regulations

        122.2 The following immediate container and wrappers must meet the requirements set out in Division 23 of Part B of the Food and Drug Regulations and subparagraphs 186(a)(i), (ii) and (v) to (vii) of the Safe Food for Canadians Regulations as if the cannabis that the immediate container contains or with which the wrappers are in direct contact were a food for the purposes of that Division and those subparagraphs:

        • (a) the immediate container in which edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product is packaged;

        • (b) any wrapper that is in direct contact with edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product; and

        • (c) any wrapper that is in direct contact with a cannabis extract that is intended for ingestion — or a cannabis accessory that contains cannabis extract intended for ingestion — that is a cannabis product.

      • Maximum quantity — cannabis extract

        122.3 The immediate container of a cannabis extract that is a cannabis product must not contain more than 90 mL of extract that is in non-solid form at a temperature of 22 ± 2°C.

      • Outermost container
        • 122.4 (1) The outermost container in which a cannabis product is packaged must not contain

          • (a) food;

          • (b) more than one class of cannabis set out in Schedule 4 to the Act; or

          • (c) more than one immediate container.

        • Exception — multiple immediate containers

          (2) Despite paragraph (1)(c), the outermost container may contain more than one immediate container of edible cannabis if the following requirements are met:

          • (a) the outermost container meets the requirements of section 132.18;

          • (b) the immediate containers meet the requirements of section 132.18, if they contain edible cannabis that is in discrete units, or section 132.19, if they contain edible cannabis that is not in discrete units;

          • (c) the total quantity of THC in the immediate containers does not exceed 10 mg of THC, taking into account the potential to convert THCA into THC;

          • (d) the total quantity of cannabis in the immediate containers does not exceed the equivalent of 30 g of dried cannabis, as determined in accordance with subsection 2(4) of the Act;

          • (e) the statement “Contains the equivalent of (the quantity of dried cannabis, in grams, that is equivalent to the total quantity of cannabis, in grams, as determined in accordance with subsection 2(4) of the Act, in the immediate containers)g of dried cannabis” is displayed on the label of the outermost container; and

          • (f) the properties of the edible cannabis in all the immediate containers are consistent.

        • Interpretation — “unit”

          (3) For the purposes of paragraph (2)(a), the word “unit” referred to in subsection 132.18(1) is to be read as “immediate container”.

      • Control measures for dispensing cannabis extract
        • 122.5 (1) The immediate container of a cannabis extract that is a cannabis product and that is not in discrete units must

          • (a) not permit the extract to be easily poured or drunk directly from the container; and

          • (b) contain an integrated dispensing mechanism that dispenses no more than 10 mg of THC per activation, taking into account the potential to convert THCA into THC, if the cannabis extract

            • (i) is in liquid form at a temperature of 22 ± 2°C,

            • (ii) is not intended to be consumed only by means of inhalation, and

            • (iii) contains at least 10 mg of THC, taking into account the potential to convert THCA into THC.

        • Non-application — integrated dispensing mechanism

          (2) Paragraph (1)(b) does not apply to an immediate container in which a cannabis accessory referred to in paragraph 103.2(a) is packaged.

  • — SOR/2019-206, s. 38

      • 38 (1) The portion of subparagraph 123(1)(c)(v) of the Regulations before clause (A) is replaced by the following:

        • (v) except in the case of a cannabis plant, cannabis plant seeds or edible cannabis, either

      • (2) Paragraphs 123(1)(e) and (f) of the Regulations are replaced by the following:

        • (e) one of the health warning messages set out in the document entitled Cannabis Health Warning Messages, as amended from time to time and published by the Government of Canada on its website, that applies to the cannabis product;

        • (f) in the case of a cannabis product that contains THC in a concentration greater than 10 μg/g, taking into account the potential to convert THCA into THC, the standardized cannabis symbol that must be obtained from the Minister in the form of an electronic file; and

        • (g) except in the case of dried cannabis or a cannabis plant, the statement “Contains the equivalent of (the quantity of dried cannabis, in grams, that is equivalent to the quantity of cannabis, in grams or seeds, as the case may be, as determined in accordance with subsection 2(4) of the Act, in the container)g of dried cannabis”.

      • (3) Subsection 123(2) of the Regulations is replaced by the following:

        • Expiry date

          (2) The label of a container in which cannabis other than edible cannabis is packaged must not include an expiry date unless the holder of the licence for processing that manufactured the cannabis product has data that establishes the stability period during which, after the cannabis is packaged in accordance with these Regulations and stored under its recommended storage conditions,

          • (a) in the case of dried cannabis or fresh cannabis,

            • (i) it maintains not less than 80% and not more than 120% of its THC content and CBD content, and

            • (ii) the microbial and chemical contaminants it contains or has on it remain within the limits referred to subsection 93(3); and

          • (b) in the case of a cannabis extract or a cannabis topical,

            • (i) it maintains its THC content and CBD content within the variability limits referred to in subsection 97(1), and

            • (ii) the microbial and chemical contaminants it contains or has on it remain within the limits referred to in section 101.1.

        • No expiry date — edible cannabis

          (2.1) The label of a container in which edible cannabis is packaged must not include an expiry date.

      • (4) The Regulations are amended by adding the following after subsection 123(4):

        • Non-application — sections 26 and 27 of Act

          (5) Sections 26 and 27 of the Act do not apply with respect to the name and email address that are included on the label in accordance with paragraph (1)(a).

  • — SOR/2019-206, s. 39

    • 39 The Regulations are amended by adding the following after section 123:

      • Wrapper
        • 123.1 (1) The interior and exterior surface of a wrapper must

          • (a) not display any brand element;

          • (b) not display any image or information;

          • (c) be one uniform colour, which may be different for each surface;

          • (d) not be fluorescent, have fluorescent properties in the ink or have pigments that absorb ultraviolet energy and transmit it as a longer wavelength, such as the Pantone 800 series;

          • (e) have a smooth texture without any embossing or decorative ridges;

          • (f) not include any hidden feature that is designed to change the appearance of the wrapper, such as heat-activated ink or a feature that is visible only through technological means; and

          • (g) not be capable of emitting a scent or sound.

        • Standardized cannabis symbol

          (2) Despite paragraph (1)(b), the standardized cannabis symbol that must be obtained from the Minister in the form of an electronic file must be clearly and prominently displayed on the exterior surface of any wrapper if the concentration of THC in the cannabis that is in direct contact with the wrapper or that is in the cannabis accessory that is in direct contact with the wrapper is greater than 10 μg/g, taking into account the potential to convert THCA into THC.

        • Requirements

          (3) The standardized cannabis symbol must meet the following requirements:

          • (a) it must be at least 1.27 cm by 1.27 cm in size;

          • (b) it must be displayed with a white border of at least 2 points on all sides; and

          • (c) if a change is made to the size of the symbol, its dimensions must be proportional vertically and horizontally.

  • — SOR/2019-206, s. 40

      • 40 (1) The portion of section 124 of the Regulations before paragraph (a) is replaced by the following:

        • Dried cannabis or fresh cannabis — discrete units and not intended for inhalation

          124 In the case of dried cannabis or fresh cannabis — or a cannabis accessory that contains dried cannabis or fresh cannabis — that is in discrete units and is not intended to be consumed by means of inhalation, the label of any container in which the cannabis product is packaged must also include the following information:

      • (2) Paragraphs 124(d) to (g) of the French version of the Regulations is replaced by the following:

        • d) la quantité de THC, en milligrammes, dans chaque unité, précédée de la mention « THC par unité »;

        • e) la quantité de THC, en milligrammes, que pourrait produire chaque unité, compte tenu du potentiel de transformation de l’ATHC en THC, précédée de la mention « THC total par unité »;

        • f) la quantité de CBD, en milligrammes, dans chaque unité, précédée de la mention « CBD par unité »;

        • g) la quantité de CBD, en milligrammes, que pourrait produire chaque unité, compte tenu du potentiel de transformation de l’ACBD en CBD, précédée de la mention « CBD total par unité »;

      • (3) Section 124 of the Regulations is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):

        • (h) the intended use of the cannabis product.

      • (4) Section 124 of the Regulations is renumbered as subsection 124(1) and amended by adding the following after subsection (1):

        • Maximum quantity of THC on label

          (2) The quantity of THC that is included, in accordance with paragraph (1)(e), on the label of a container in which is packaged dried cannabis or fresh cannabis — or a cannabis accessory that contains dried cannabis or fresh cannabis — that is intended for ingestion or nasal, rectal or vaginal use must not exceed 10 mg.

  • — SOR/2019-206, s. 41

    • 41 The Regulations are amended by adding the following after section 124:

      • Dried cannabis or fresh cannabis — discrete units and intended for inhalation

        124.1 In the case of dried cannabis or fresh cannabis — or a cannabis accessory that contains dried cannabis or fresh cannabis — that is in discrete units and is intended to be consumed by means of inhalation, the label of any container in which the cannabis product is packaged must also include the following information:

        • (a) the net weight, in grams, of dried cannabis or fresh cannabis;

        • (b) the number of units;

        • (c) the net weight, in grams, of dried cannabis or fresh cannabis in each unit;

        • (d) the concentration of THC, in milligrams per gram, preceded by “THC”;

        • (e) the concentration of THC, in milligrams per gram, that the dried cannabis or fresh cannabis could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC”;

        • (f) the concentration of CBD, in milligrams per gram, preceded by “CBD”;

        • (g) the concentration of CBD, in milligrams per gram, that the dried cannabis or fresh cannabis could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD”; and

        • (h) the intended use of the cannabis product.

  • — SOR/2019-206, s. 42

    • 42 Paragraphs 125(b) to (e) of the Regulations are replaced by the following:

      • (b) the concentration of THC, in milligrams per gram, preceded by “THC”;

      • (c) the concentration of THC, in milligrams per gram, that the dried cannabis or fresh cannabis could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC”;

      • (d) the concentration of CBD, in milligrams per gram, preceded by “CBD”; and

      • (e) the concentration of CBD, in milligrams per gram, that the dried cannabis or fresh cannabis could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD”.

  • — SOR/2019-206, s. 43

    • 43 Sections 126 and 127 of the Regulations are repealed.

  • — SOR/2019-206, s. 44

      • 44 (1) Subsection 130(1) of the Regulations is replaced by the following:

        • Presentation of information — general requirement
          • 130 (1) All information that is included on a label must be in English and in French, except for the INCI name and the EU trivial name.

      • (2) The portion of paragraph 130(3)(e) of the Regulations before subparagraph (i) is replaced by the following:

        • (e) in the case of the information required under paragraphs 124(1)(d) to (g), 124.1(d) to (g), 125(b) to (e), 132.1(1)(d) to (g), 132.11(d) to (g), 132.12(1)(b) to (e), 132.15(d) to (g), 132.16(b) to (e), 132.18(1)(c) to (j) and 132.19(1)(b) to (e), it must be

      • (3) Paragraph 130(4)(b) of the French version of the Regulations is replaced by the following:

        • b) il ne doit pas être d’une couleur comportant du lustre métallique et l’encre ne doit pas avoir de propriétés métalliques, comme le Pantone métallique et le Pantone métallique premium;

      • (4) Paragraph 130(5)(d) of the Regulations is replaced by the following:

        • (d) it must be oriented in such a manner that its text is readable from left to right when the container is displayed or visible under the customary conditions of purchase and use; and

      • (5) Subparagraphs 130(6)(j)(i) to (iii) of the Regulations are replaced by the following:

        • (i) left-justified without hyphenation, and

        • (ii) oriented in such a manner that its text is readable from left to right when the container is displayed or visible under the customary conditions of purchase and use; and

      • (6) Paragraph 130(7)(c) of the French version of the Regulations is replaced by the following:

        • c) la force du corps des caractères de la mention est d’au moins 6 points et est inférieure à celle des caractères de la mise en garde;

      • (7) Paragraph 130(8)(b) of the French version of the Regulations is replaced by the following:

        • b) la force du corps des caractères est inférieure ou égale à celle des caractères utilisés pour les renseignements visés au paragraphe (3).

      • (8) Paragraph 130(9)(d) of the Regulations is replaced by the following:

        • (d) if the brand element is an image, its surface area must be

          • (i) in the case where the standardized cannabis symbol must be included on the label in accordance with paragraph 123(1)(f), smaller than or equal to the surface area of the standardized cannabis symbol, or

          • (ii) in any other case, smaller than or equal to 25% of the principal display panel and smaller than or equal to the surface area within the border that surrounds the health warning message that is included on the label in accordance with paragraph (6)(h); and

      • (9) Paragraph 130(9)(e) of the French version of the Regulations is replaced by the following:

        • e) dans le cas d’un élément de marque consistant uniquement en du texte, la force du corps des caractères est inférieure ou égale à celle des caractères de la mise en garde.

      • (10) Section 130 of the Regulations is amended by adding the following after subsection (10):

        • Location of information on irradiation — edible cannabis

          (11) Information that is required to be included on a label under paragraph 132.18(1)(p) or 132.19(1)(k) must be displayed on the principal display panel or, if there are separate principal display panels for English and French, on each principal display panel.

  • — SOR/2019-206, s. 45

    • 45 Section 131 of the French version of the Regulations is replaced by the following:

      • Représentation ressemblant au symbole normalisé du cannabis

        131 Aucune représentation — notamment une illustration, un signe, une marque, un symbole ou un dessin — ressemblant à s’y méprendre au symbole normalisé du cannabis ne peut figurer sur le contenant dans lequel est emballé un produit du cannabis.

  • — SOR/2019-206, s. 46

    • 46 The Regulations are amended by adding the following after section 132:

      • Cannabis extract — discrete units and not intended for inhalation
        • 132.1 (1) In the case of a cannabis extract — or a cannabis accessory that contains a cannabis extract — that is in discrete units and is not intended to be consumed by means of inhalation, the label of any container in which the cannabis product is packaged must also include the following information:

          • (a) the net weight, in grams, of the cannabis extract;

          • (b) the number of units;

          • (c) the net weight, in grams, of the cannabis extract in each unit;

          • (d) the quantity of THC, in milligrams, in each unit, preceded by “THC per unit”;

          • (e) the quantity of THC, in milligrams, that each unit could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC per unit”;

          • (f) the quantity of CBD, in milligrams, in each unit, preceded by “CBD per unit”;

          • (g) the quantity of CBD, in milligrams, that each unit could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD per unit”;

          • (h) a list of the ingredients of the cannabis extract;

          • (i) the name of any food allergen that is present in the cannabis extract, except as a result of cross-contamination;

          • (j) the identity of the cannabis product in terms of its common name or in terms of its function; and

          • (k) the intended use of the cannabis product.

        • Maximum quantity of THC on label

          (2) The quantity of THC that is included on the label, in accordance with paragraph (1)(e), of a container in which is packaged a cannabis extract — or in which is packaged a cannabis accessory that contains a cannabis extract — that is intended for ingestion or nasal, rectal or vaginal use must not exceed 10 mg.

      • Cannabis extract — discrete units and intended for inhalation

        132.11 In the case of a cannabis extract — or a cannabis accessory that contains a cannabis extract — that is in discrete units and is intended to be consumed by means of inhalation, the label of any container in which the cannabis product is packaged must also include the following information:

        • (a) the net weight, in grams, of the cannabis extract;

        • (b) the number of units;

        • (c) the net weight, in grams, of the cannabis extract in each unit;

        • (d) the concentration of THC, in milligrams per gram, in the cannabis extract, preceded by “THC”;

        • (e) the concentration of THC, in milligrams per gram, that the cannabis extract could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC”;

        • (f) the concentration of CBD, in milligrams per gram, in the cannabis extract, preceded by “CBD”;

        • (g) the concentration of CBD, in milligrams per gram, that the cannabis extract could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD”;

        • (h) a list of the ingredients of the cannabis extract;

        • (i) the name of any food allergen that is present in the cannabis extract, except as a result of cross-contamination;

        • (j) the identity of the cannabis product in terms of its common name or in terms of its function; and

        • (k) the intended use of the cannabis product.

      • Cannabis extract — not in discrete units
        • 132.12 (1) In the case of a cannabis extract — or a cannabis accessory that contains a cannabis extract — that is not in discrete units, the label of any container in which the cannabis product is packaged must also include the following information:

          • (a) the net weight, in grams, of the cannabis extract;

          • (b) the concentration of THC, in milligrams per gram, in the cannabis extract, preceded by “THC”;

          • (c) the concentration of THC, in milligrams per gram, that the cannabis extract could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC”;

          • (d) the concentration of CBD, in milligrams per gram, in the cannabis extract, preceded by “CBD”;

          • (e) the concentration of CBD, in milligrams per gram, that the cannabis extract could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD”;

          • (f) in the case of a cannabis accessory that contains a cannabis extract intended for ingestion or nasal, rectal or vaginal use or that is packaged with and is intended to dispense the extract,

            • (i) the quantity of THC, in milligrams, that each activation of the accessory dispenses, taking into account the potential to convert THCA into THC, preceded by “Total THC per activation”, and

            • (ii) the quantity of CBD, in milligrams, that each activation of the accessory dispenses, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD per activation”;

          • (g) a list of the ingredients of the cannabis extract;

          • (h) the name of any food allergen that is present in the cannabis extract, except as a result of cross-contamination;

          • (i) the identity of the cannabis product in terms of its common name or in terms of its function; and

          • (j) the intended use of the cannabis product.

        • Maximum quantity of THC on label

          (2) The quantity of THC that is included on the label in accordance with subparagraph (1)(f)(i) must not exceed 10 mg.

      • Flavours — cannabis extract
        • 132.13 (1) It is prohibited to display on a cannabis extract that is a cannabis product or on a cannabis accessory that contains a cannabis extract and that is a cannabis product — or on the package of such a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — an indication or illustration, including a brand element, that could cause a person to believe that the cannabis product has a flavour set out in column 1 of Schedule 3 to the Tobacco and Vaping Products Act, other than the flavour of cannabis.

        • Non-application — name and email address

          (2) Subsection (1) does not apply with respect to the name and email address that are included on the label in accordance with paragraph 123(1)(a).

      • List of ingredients — cannabis extract
        • 132.14 (1) The list of ingredients of a cannabis extract — or of a cannabis accessory that contains a cannabis extract — must meet the following requirements:

          • (a) the word “Ingredients” in the English version and the word “Ingrédients” in the French version must appear at the beginning of the list;

          • (b) no intervening printed, written or graphic material is to appear between the word referred to in paragraph (a) and the first ingredient in the list; and

          • (c) the ingredients must be

            • (i) set out in descending order of their proportion of the cannabis extract by weight, determined before the ingredients are combined to form the extract,

            • (ii) in the case of vitamins referred to in subsection 101.3(3), set out by their chemical name,

            • (iii) in any other case, set out by their common name or chemical name, and

            • (iv) separated from other ingredients by a comma.

        • Ingredients in proportion of 1% or less

          (2) Despite subparagraph (1)(c)(i), ingredients that are present in a proportion of 1% or less of the cannabis extract may be listed in any order after the ingredients that are present in a proportion of more than 1% of the cannabis extract.

        • Exception — flavouring agent

          (3) Despite paragraph (1)(c), in the case where the cannabis extract contains one flavouring agent, it may be shown individually at the end of the list of ingredients by the name “flavouring agent” and in the case where the cannabis extract contains more than one flavouring agent, they may be shown collectively at the end of the list of ingredients by the name “flavouring agents”.

        • No individual listing of flavouring agent

          (4) If flavouring agents are shown collectively by the name “flavouring agents” under subsection (3), a flavouring agent must not be shown individually in the list of ingredients.

      • Cannabis topical — discrete units

        132.15 In the case of a cannabis topical — or a cannabis accessory that contains a cannabis topical — that is in discrete units, the label of any container in which the cannabis product is packaged must also include the following information:

        • (a) the net weight, in grams, of the cannabis topical;

        • (b) the number of units;

        • (c) the net weight, in grams, of the cannabis topical in each unit;

        • (d) either the quantity of THC, in milligrams, or the concentration of THC, in milligrams per gram, in each unit, preceded by “THC per unit”;

        • (e) either the quantity of THC, in milligrams, or the concentration of THC, in milligrams per gram, that each unit could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC per unit”;

        • (f) either the quantity of CBD, in milligrams, or the concentration of CBD, in milligrams per gram, in each unit, preceded by “CBD per unit”;

        • (g) either the quantity of CBD, in milligrams, or the concentration of CBD, in milligrams per gram, that each unit could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD per unit”;

        • (h) a list of the ingredients of the cannabis topical;

        • (i) the identity of the cannabis product in terms of its common name or in terms of its function; and

        • (j) the intended use of the cannabis product.

      • Cannabis topical — not in discrete units

        132.16 In the case of a cannabis topical — or a cannabis accessory that contains a cannabis topical — that is not in discrete units, the label of any container in which the cannabis product is packaged must also include the following information:

        • (a) the net weight, in grams, of the cannabis topical;

        • (b) either the quantity of THC, in milligrams, or the concentration of THC, in milligrams per gram, in the cannabis topical, preceded by “THC”;

        • (c) either the quantity of THC, in milligrams, or the concentration of THC, in milligrams per gram, that the cannabis topical could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC”;

        • (d) either the quantity of CBD, in milligrams, or the concentration of CBD, in milligrams per gram, in the cannabis topical, preceded by “CBD”;

        • (e) either the quantity of CBD, in milligrams, or the concentration of CBD, in milligrams per gram, that the cannabis topical could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD”;

        • (f) a list of the ingredients of the cannabis topical;

        • (g) the identity of the cannabis product in terms of its common name or in terms of its function; and

        • (h) the intended use of the cannabis product.

      • List of ingredients – cannabis topical
        • 132.17 (1) The list of ingredients of a cannabis topical — or of a cannabis accessory that contains a cannabis topical — must meet the following requirements:

          • (a) the word “Ingredients” in the English version and the word “Ingrédients” in the French version must appear at the beginning of the list;

          • (b) no intervening printed, written or graphic material is to appear between the term referred to in paragraph (a) and the first ingredient in the list; and

          • (c) the ingredients are to be separated from other ingredients by a comma and shown in descending order of their proportion of the cannabis topical by weight, determined before the ingredients are combined to form the cannabis topical, as follows:

            • (i) by their INCI name,

            • (ii) if an ingredient has no INCI name, by its chemical name,

            • (iii) in the case of a botanical, by specifying at least the genus and species portions of its INCI name or, if it has no INCI name, by its chemical name, or

            • (iv) if an ingredient is included in the schedule to the Cosmetic Regulations, by its EU trivial name set out in column 1 of that schedule or by the appropriate English and French equivalents set out in columns 2 and 3 of that schedule.

        • Ingredients in proportion of 1% or less

          (2) Despite paragraph (1)(c), ingredients that are present in a proportion of 1% or less and all colouring agents of the cannabis topical may be listed in any order after the ingredients that are present in a proportion of more than 1% of the cannabis topical.

        • Fragrance and flavour

          (3) The word “parfum” or “aroma”, respectively, may be inserted at the end of the list of ingredients to indicate that an ingredient has been added to the cannabis topical to produce a fragrance or flavour.

        • Definition of botanical

          (4) For the purposes of this section, botanical means an ingredient that is directly derived from a plant and that has not been chemically modified before it is used in the production of a cannabis topical.

      • Edible cannabis — discrete units
        • 132.18 (1) In the case of edible cannabis — or a cannabis accessory that contains edible cannabis — that is in discrete units, the label of any container in which the cannabis product is packaged must also include the following information:

          • (a) if the edible cannabis is in solid form, its net weight, in grams, and in any other case, its net volume, in millilitres;

          • (b) the number of units;

          • (c) the quantity of THC, in milligrams, in each unit, preceded by “THC per unit”;

          • (d) the quantity of THC, in milligrams, that each unit could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC per unit”;

          • (e) the quantity of THC, in milligrams, in the edible cannabis, preceded by “THC”;

          • (f) the quantity of THC, in milligrams, that the edible cannabis could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC”;

          • (g) the quantity of CBD, in milligrams, in each unit, preceded by “CBD per unit”;

          • (h) the quantity of CBD, in milligrams, that each unit could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD per unit”;

          • (i) the quantity of CBD, in milligrams, in the edible cannabis, preceded by “CBD”;

          • (j) the quantity of CBD, in milligrams, that the edible cannabis could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD”;

          • (k) a list of the ingredients of the edible cannabis, including constituents, if any;

          • (l) the source of any food allergen or gluten present in the edible cannabis, except as a result of cross-contamination,

            • (i) in a food allergen source, gluten source and added sulphites statement, if the food allergen or gluten

              • (A) is, or is present in, an ingredient that is not shown in the list of ingredients, but is not a constituent of that ingredient or present in a constituent of that ingredient, or

              • (B) is, or is present in, a constituent and neither the constituent nor the ingredient in which it is present is shown in the list of ingredients, or

            • (ii) in all other cases, either in the list of ingredients or in a food allergen source, gluten source and added sulphites statement;

          • (m) the sulphites that are present in the edible cannabis in an amount of 10 p.p.m. or more,

            • (i) if at least one sulphite is required to be shown in the list of ingredients under these Regulations, in the list of ingredients, or in the list of ingredients and in a food allergen source, gluten source and added sulphites statement, or

            • (ii) in any other case, in the list of ingredients, in a food allergen source, gluten source and added sulphites statement or in both;

          • (n) a nutrition facts table that contains only the information set out in column 1 of the table to section 132.22, expressed using a description set out in column 2, in the unit set out in column 3 and in the manner set out in column 4;

          • (o) the common name of the cannabis product;

          • (p) if the edible cannabis is irradiated under section 102.6, the symbol set out in subsection B.01.035(5) of the Food and Drug Regulations and one of the following statements or a statement that has the same meaning:

            • (i) “treated with radiation”,

            • (ii) “treated by irradiation”, or

            • (iii) “irradiated”; and

          • (q) if an irradiated food referred to in column 1 of the table to Division 26 of Part B of the Food and Drug Regulations is an ingredient or constituent of the edible cannabis and constitutes 10% or more of the edible cannabis, the statement “irradiated” preceding any mention of the ingredient or constituent on the label.

        • Maximum quantity of THC on label

          (2) The quantity of THC that is included on the label in accordance with paragraph (1)(f) must not exceed 10 mg.

        • Ingredient not required to be listed

          (3) Despite paragraph (1)(k), if one or more constituents of an ingredient are required by these Regulations to be listed in a list of ingredients, the ingredient is not required to be listed if all constituents of the ingredient are shown in the list by their common names and in accordance with subparagraphs 132.21(1)(c)(i) and (ii).

        • Risk of cross-contamination

          (4) Despite paragraph (1)(l), the source of a food allergen or gluten must be shown on the label if it includes a declaration alerting consumers that, due to a risk of cross-contamination, the edible cannabis may contain the source of a food allergen or gluten.

      • Edible cannabis — not in discrete units
        • 132.19 (1) In the case of edible cannabis — or a cannabis accessory that contains edible cannabis — that is not in discrete units, the label of any container in which the cannabis product is packaged must also include the following information:

          • (a) if the edible cannabis is in solid form, its net weight, in grams, and in any other case, its net volume, in millilitres;

          • (b) the quantity of THC, in milligrams, in the edible cannabis, preceded by “THC”;

          • (c) the quantity of THC, in milligrams, that the edible cannabis could yield, taking into account the potential to convert THCA into THC, preceded by “Total THC”;

          • (d) the quantity of CBD, in milligrams, in the edible cannabis, preceded by “CBD”;

          • (e) the quantity of CBD, in milligrams, that the edible cannabis could yield, taking into account the potential to convert CBDA into CBD, preceded by “Total CBD”;

          • (f) a list of the ingredients of the edible cannabis, including constituents, if any;

          • (g) the source of any food allergen or gluten present in the edible cannabis, except as a result of cross-contamination,

            • (i) in a food allergen source, gluten source and added sulphites statement, if the food allergen or gluten

              • (A) is, or is present in, an ingredient that is not shown in the list of ingredients, but is not a constituent of that ingredient or present in a constituent of that ingredient, or

              • (B) is, or is present in, a constituent and neither the constituent nor the ingredient in which it is present is shown in the list of ingredients, or

            • (ii) in all other cases, either in the list of ingredients or in a food allergen source, gluten source and added sulphites statement;

          • (h) the sulphites that are present in the edible cannabis in an amount of 10 p.p.m. or more,

            • (i) if at least one sulphite is required to be shown in the list of ingredients under these Regulations, in the list of ingredients, or in the list of ingredients and in a food allergen source, gluten source and added sulphites statement, or

            • (ii) in any other case, in the list of ingredients, in a food allergen source, gluten source and added sulphites statement or in both;

          • (i) a nutrition facts table that contains only the information set out in column 1 of the table to section 132.22, expressed using a description set out in column 2, in the unit set out in column 3 and in the manner set out in column 4;

          • (j) the common name of the cannabis product;

          • (k) if the edible cannabis is irradiated under section 102.6, the symbol set out in subsection B.01.035(5) of the Food and Drug Regulations and one of the following statements or a statement that has the same meaning:

            • (i) “treated with radiation”,

            • (ii) “treated by irradiation”, or

            • (iii) “irradiated”; and

          • (l) if an irradiated food referred to in column 1 of the table to Division 26 of Part B of the Food and Drug Regulations is an ingredient or constituent of the edible cannabis and constitutes 10% or more of the edible cannabis, the statement “irradiated” preceding any mention of the ingredient or constituent on the label.

        • Maximum quantity of THC on label

          (2) The quantity of THC that is included on the label in accordance with paragraph (1)(c) must not exceed 10 mg.

        • Ingredient not required to be listed

          (3) Despite paragraph (1)(f), if one or more constituents of an ingredient are required by these Regulations to be listed in a list of ingredients, the ingredient is not required to be listed if all constituents of the ingredient are shown in the list by their common names and in accordance with subparagraphs 132.21(1)(c)(i) and (ii).

        • Risk of cross-contamination

          (4) Despite paragraph (1)(g), the source of a food allergen or gluten must be shown on the label if it includes a declaration alerting consumers that, due to a risk of cross-contamination, the edible cannabis may contain the source of a food allergen or gluten.

      • Durable life date required
        • 132.2 (1) In the case of edible cannabis having a durable life of 90 days or less, the durable life date must be shown on the label of any container in which the edible cannabis is packaged.

        • Format of durable life date

          (2) Any durable life date on the label of any container in which edible cannabis is packaged must be shown in accordance with subsections B.01.007(4) and (5) of the Food and Drug Regulations.

      • List of ingredients – edible cannabis
        • 132.21 (1) The list of ingredients of edible cannabis — or of a cannabis accessory that contains edible cannabis — must meet the following requirements:

          • (a) the word “Ingredients” in the English version and the word “Ingrédients” in the French version must appear at the beginning of the list;

          • (b) no intervening printed, written or graphic material is to appear between the word referred to in paragraph (a) and the first ingredient in the list;

          • (c) the ingredients and constituents must be

            • (i) set out in descending order of their proportion of the edible cannabis by weight, determined before the ingredients and the constituents are combined to form the edible cannabis,

            • (ii) separated from other ingredients or constituents by a comma, and

            • (iii) set out by the applicable name in column II of the table to paragraph B.01.010(3)(a) of the Food and Drug Regulations or, if none applies, by their common name;

          • (d) the constituents of an ingredient must be shown

            • (i) set out in parentheses, immediately after the ingredient, unless the source of a food allergen or gluten is set out immediately after the ingredient, in which case the constituent of the ingredient must be set out immediately after that source,

            • (ii) set out in descending order of their proportion of the ingredient by weight, determined before they are combined to form the edible cannabis, and

            • (iii) separated from other constituents by a comma;

          • (e) the source of a food allergen or gluten must be

            • (i) set out in parentheses,

            • (ii) set out immediately after an ingredient that is shown in that list, if the food allergen or gluten

              • (A) is the ingredient,

              • (B) is present in the ingredient, but is not a constituent of or present in a constituent of that ingredient, or

              • (C) is, or is present in, a constituent of the ingredient and the constituent is not shown in the list of ingredients,

            • (iii) set out immediately after the constituent that is shown in the list, if the food allergen or gluten is that constituent or is present in that constituent, and

            • (iv) separated by a comma from other sources of a food allergen or gluten that is shown for the same ingredient or constituent;

          • (f) sulphites must be shown

            • (i) set out by one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents”, or individually by the applicable name set out in item 21, column I, of the table to paragraph B.01.010(3)(b) of the Food and Drug Regulations,

            • (ii) in the case of the name “sodium dithionite”, “sulphur dioxide” or “sulphurous acid”, set out by that name, followed by one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents” in parentheses, unless

              • (A) the word “sulfite” or “sulphite” appears in the common name of another sulphite in the list,

              • (B) one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents” is set out in parentheses following another sulphite in the list, or

              • (C) one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents” is shown in a food allergen source, gluten source and added sulphites statement on the label, and

            • (iii) set out at the end of the list where they may be shown in any order with the other ingredients that are shown at the end of that list in accordance with subsection (3) or in parentheses immediately after the ingredient of which they are a constituent; and

          • (g) if the edible cannabis contains one or more sugars-based ingredients,

            • (i) the word “Sugars” in the English version of the list and the word “Sucres” in the French version of the list must appear

              • (A) despite subparagraph (c)(i), in descending order of the proportion of all the sugars-based ingredients in the edible cannabis by weight, determined before they are combined to form the edible cannabis, and

              • (B) separated from other ingredients by a comma, and

            • (ii) each sugars-based ingredient must be shown

              • (A) set out in parentheses, immediately following the word “Sugars” in the English version of the list and the word “Sucres” in the French version of the list,

              • (B) set out in descending order of its proportion of the edible cannabis by weight, determined before it is combined to form the edible cannabis, and

              • (C) separated from other sugars-based ingredients by a comma.

        • Exception — ingredients and constituents shown collectively

          (2) Despite paragraph (1)(c), the ingredients and the constituents set out in column I of an item of the table to paragraph B.01.010(3)(b) of the Food and Drug Regulations may be shown collectively in the list of ingredients by the common name set out in column II of that item, unless one of the ingredients or constituents referred to in that table is shown separately in the list of ingredients by its common name.

        • Exception — ingredients at the end of the list

          (3) Despite subparagraph (1)(c)(i), the ingredients referred to in subsection B.01.008.2(4) of the Food and Drug Regulations, regardless of their proportion, may be listed at the end of the list of ingredients, in any order.

        • Exception — source of food allergen or gluten

          (4) Despite paragraph (1)(e), the source of the food allergen or gluten is not required to be set out in parentheses immediately after the ingredient or constituent, as the case may be, if the source of the food allergen or gluten appears

          • (a) in the list of ingredients

            • (i) as part of the common name of the ingredient or constituent, or

            • (ii) in parentheses, in accordance with subparagraph (1)(e)(i), immediately after another ingredient or constituent; or

          • (b) in the food allergen source, gluten source and added sulphites statement.

      • Nutrition facts table
        • 132.22 (1) The percentage of the daily value for a nutrient shown in the nutrition facts table on the label of any container in which edible cannabis is packaged must be established on the basis of the amount, by weight, of the nutrient per immediate container of edible cannabis, rounded off in the applicable manner set out in column 4 of the table to this section.

        • Not a significant source of a nutrient

          (2) Information with respect to a nutrient set out in column 1 of the table to this section that may be expressed as “0” in the nutrition facts table may be omitted from that table if it includes the statement “Not a significant source of (naming each nutrient that is omitted from the nutrition facts table in accordance with this subsection)”.

        • Presentation

          (3) Despite section 130, the nutrition facts table must be presented in accordance with the format specified in the applicable figure in the Directory of Nutrition Facts Table Formats for Edible Cannabis, as amended from time to time and published by the Government of Canada on its website, having regard to matters such as order of presentation, dimensions, spacing and use of upper and lower case letters and bold type.

          TABLE

          Information to be Included in the Nutrition Facts Table

          ItemColumn 1Column 2Column 3Column 4
          InformationDescriptionUnitManner of expression
          1Immediate container size“Per container (naming the amount of edible cannabis in the immediate container)”The size is expressed per immediate container in grams or millilitres.

          The size is rounded off

          • (a) if it is 0.1 g or more or 0.1 mL or more but less than 10 g or 10 mL, to the nearest multiple of 0.1 g or 0.1 mL; and

          • (b) if it is 10 g or more or 10 mL or more, to the nearest multiple of 1 g or 1 mL.

          2Energy value“Calories”, “Total Calories” or “Calories, Total”The value is expressed in calories per immediate container.

          The value is rounded off

          • (a) if it is less than 5 calories, to the nearest multiple of 1 calorie;

          • (b) if it is 5 calories or more but not more than 50 calories, to the nearest multiple of 5 calories; and

          • (c) if it is more than 50 calories, to the nearest multiple of 10 calories.

          3Amount of fat“Fat”, “Total Fat” or “Fat, Total”

          The amount is expressed

          • (a) in grams per immediate container; and

          • (b) as a percentage of the daily value per immediate container.

          • (1) The amount is rounded off

            • (a) if it is less than 0.5 g, to the nearest multiple of 0.1 g;

            • (b) if it is 0.5 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and

            • (c) if it is more than 5 g, to the nearest multiple of 1 g.

          • (2) The percentage is rounded off

            • (a) if the amount is declared as “0 g”, to 0%; and

            • (b) in all other cases, to the nearest multiple of 1%.

          4Amount of saturated fatty acids“Saturated Fat”, “Saturated Fatty Acids”, “Saturated” or “Saturates”The amount is expressed in grams per immediate container.

          The amount is rounded off

          • (a) if it is less than 0.5 g, to the nearest multiple of 0.1 g;

          • (b) if it is 0.5 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and

          • (c) if it is more than 5 g, to the nearest multiple of 1 g.

          5Amount of trans fatty acids“Trans Fat”, “Trans Fatty Acids” or “Trans”The amount is expressed in grams per immediate container.

          The amount is rounded off

          • (a) if it is less than 0.5 g, to the nearest multiple of 0.1 g;

          • (b) if it is 0.5 g or more but not more than 5 g, to the nearest multiple of 0.5 g; and

          • (c) if it is more than 5 g, to the nearest multiple of 1 g.

          6The sum of saturated fatty acids and trans fatty acids“Saturated Fat + Trans Fat”, “Saturated Fatty Acids + Trans Fatty Acids”, “Saturated + Trans” or “Saturates + Trans”The sum is expressed as a percentage of the daily value per immediate container.

          The percentage is rounded off

          • (a) if the amounts of saturated fatty acids and trans fatty acids are declared as “0 g”, to 0%; and

          • (b) in all other cases, to the nearest multiple of 1%.

          7Amount of cholesterol“Cholesterol”The amount is expressed in milligrams per immediate container.The amount is rounded off to the nearest multiple of 5 mg.
          8Amount of sodium“Sodium”

          The amount is expressed

          • (a) in milligrams per immediate container; and

          • (b) as a percentage of the daily value per immediate container.

          • (1) The amount is rounded off

            • (a) if it is less than 5 mg, to the nearest multiple of 1 mg;

            • (b) if it is 5 mg or more but not more than 140 mg, to the nearest multiple of 5 mg; and

            • (c) if it is more than 140 mg, to the nearest multiple of 10 mg.

          • (2) The percentage is rounded off

            • (a) if the amount is declared as “0 mg”, to 0%; and

            • (b) in all other cases, to the nearest multiple of 1%.

          9Amount of carbohydrate“Carbohydrate”, “Total Carbohydrate” or “Carbohydrate, Total”The amount is expressed in grams per immediate container.

          The amount is rounded off

          • (a) if it is less than 0.5 g, to 0 g; and

          • (b) if it is 0.5 g or more, to the nearest multiple of 1 g.

          10Amount of fibre“Fibre”, “Fiber”, “Dietary Fibre” or “Dietary Fiber”

          The amount is expressed

          • (a) in grams per immediate container; and

          • (b) as a percentage of the daily value per immediate container.

          • (1) The amount is rounded off

            • (a) if it is less than 0.5 g, to 0 g; and

            • (b) if it is 0.5 g or more, to the nearest multiple of 1 g.

          • (2) The percentage is rounded off

            • (a) if the amount is declared as “0 g”, to 0%; and

            • (b) in all other cases, to the nearest multiple of 1%.

          11Amount of sugars“Sugars”

          The amount is expressed

          • (a) in grams per immediate container; and

          • (b) as a percentage of the daily value per immediate container.

          • (1) The amount is rounded off

            • (a) if it is less than 0.5 g, to 0 g; and

            • (b) if it is 0.5 g or more, to the nearest multiple of 1 g.

          • (2) The percentage is rounded off

            • (a) if the amount is declared as “0 g”, to 0%; and

            • (b) in all other cases, to the nearest multiple of 1%.

          12Amount of protein“Protein”The amount is expressed in grams per immediate container.

          The amount is rounded off

          • (a) if it is less than 0.5 g, to the nearest multiple of 0.1 g; and

          • (b) if it is 0.5 g or more, to the nearest multiple of 1 g.

          13Amount of potassium“Potassium”

          The amount is expressed

          • (a) in milligrams per immediate container; and

          • (b) as a percentage of the daily value per immediate container.

          • (1) The amount is rounded off

            • (a) if it is less than 5 mg, to 0 mg;

            • (b) if it is 5 mg or more but less than 50 mg, to the nearest multiple of 10 mg;

            • (c) if it is 50 mg or more but less than 250 mg, to the nearest multiple of 25 mg; and

            • (d) if it is 250 mg or more, to the nearest multiple of 50 mg.

          • (2) The percentage is rounded off

            • (a) if the amount is declared as “0 mg”, to 0%; and

            • (b) in all other cases, to the nearest multiple of 1%.

          14Amount of calcium“Calcium”

          The amount is expressed

          • (a) in milligrams per immediate container; and

          • (b) as a percentage of the daily value per immediate container.

          • (1) The amount is rounded off

            • (a) if it is less than 5 mg, to 0 mg;

            • (b) if it is 5 mg or more but less than 50 mg, to the nearest multiple of 10 mg;

            • (c) if it is 50 mg or more but less than 250 mg, to the nearest multiple of 25 mg; and

            • (d) if it is 250 mg or more, to the nearest multiple of 50 mg.

          • (2) The percentage is rounded off

            • (a) if the amount is declared as “0 mg”, to 0%; and

            • (b) in all other cases, to the nearest multiple of 1%.

          15Amount of iron“Iron”

          The amount is expressed

          • (a) in milligrams per immediate container; and

          • (b) as a percentage of the daily value per immediate container.

          • (1) The amount is rounded off

            • (a) if it is less than 0.05 mg, to 0 mg;

            • (b) if it is 0.05 mg or more but less than 0.5 mg, to the nearest multiple of 0.1 mg;

            • (c) if it is 0.5 mg or more but less than 2.5 mg, to the nearest multiple of 0.25 mg; and

            • (d) if it is 2.5 mg or more, to the nearest multiple of 0.5 mg.

          • (2) The percentage is rounded off

            • (a) if the amount is declared as “0 mg”, to 0%; and

            • (b) in all other cases, to the nearest multiple of 1%.

      • Presentation of source of food allergen
        • 132.23 (1) The source of a food allergen required to be shown in the list of ingredients or in the food allergen source, gluten source and added sulphites statement under paragraph 132.18(1)(l) or 132.19(1)(g) must be set out

          • (a) for a food allergen from a food referred to in one of paragraphs (a), (b) and (e) of the definition food allergen in subsection B.01.010.1(1) of the Food and Drug Regulations or derived from that food, by the name of the food as shown in the applicable paragraph, expressed in the singular or plural;

          • (b) for a food allergen from the food referred to in paragraph (c) of the definition food allergen in subsection B.01.010.1(1) of the Food and Drug Regulations or derived from that food, by the name “sesame”, “sesame seed” or “sesame seeds”;

          • (c) for a food allergen from a food referred to in paragraph (d) or (f) of the definition food allergen in subsection B.01.010.1(1) of the Food and Drug Regulations or derived from that food, by the name of the food as shown in the applicable paragraph;

          • (d) for a food allergen from the food referred to in paragraph (g) of the definition food allergen in subsection B.01.010.1(1) of the Food and Drug Regulations or derived from that food, by the name “soy”, “soya”, “soybean” or “soybeans”;

          • (e) for a food allergen from a food referred to in one of paragraphs (h) to (j) of the definition food allergen in subsection B.01.010.1(1) of the Food and Drug Regulations or derived from that food, by the common name of the food referred to in column II of item 6, 23 or 24 of the table to paragraph B.01.010(3)(a) of the Food and Drug Regulations, whichever is applicable; and

          • (f) for a food allergen from the food referred to in paragraph (k) of the definition food allergen in subsection B.01.010.1(1) of the Food and Drug Regulations or derived from that food, by the name “mustard”, “mustard seed” or “mustard seeds”.

        • Presentation of source of gluten

          (2) The source of gluten required to be shown in the list of ingredients or in the food allergen source, gluten source and added sulphites statement under paragraph 132.18(1)(l) or 132.19(1)(g) must be set out

          • (a) for gluten from the grain of a cereal referred to in one of subparagraphs (a)(i) to (v) of the definition gluten in subsection B.01.010.1(1) of the Food and Drug Regulations or derived from that grain, by the name of the cereal as shown in the applicable subparagraph; and

          • (b) for gluten from the grain of a hybridized strain created from one or more of the cereals referred to in subparagraphs (a)(i) to (v) of the definition gluten in subsection B.01.010.1(1) of the Food and Drug Regulations or derived from that grain, by the names of the cereals as shown in the applicable subparagraphs.

      • Declaration on risk of cross-contamination

        132.24 If the label of the container in which edible cannabis is packaged includes a declaration alerting consumers that, due to a risk of cross-contamination, the edible cannabis may contain the source of a food allergen or gluten, the declaration must meet the following requirements:

        • (a) it must be shown immediately after the food allergen source, gluten source and added sulphites statement or, if there is none, immediately after the list of ingredients, and must appear on the same continuous surface as the statement, if any, and the list of ingredients; and

        • (b) no intervening printed, written or graphic material is to appear between it and the list of ingredients or statement that immediately precedes it.

      • Presentation of food allergen statement
        • 132.25 (1) A food allergen source, gluten source and added sulphites statement must meet the following requirements:

          • (a) the word “Contains” in the English version and the word “Contient” in the French version must appear at the beginning of the list;

          • (b) no intervening printed, written or graphic material is to appear between the word referred to in paragraph (a) and the rest of the statement;

          • (c) it must appear on the same continuous surface as the list of ingredients; and

          • (d) it must include, even if any of the following information is also shown in the list of ingredients,

            • (i) the source of each food allergen that is present in the edible cannabis,

            • (ii) each source of any gluten that is present in the edible cannabis, and

            • (iii) one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents”, if the total amount of sulphites present in the edible cannabis is 10 p.p.m. or more.

        • No duplication

          (2) Despite paragraph (1)(d), the following information is not required to be shown in the statement more than once:

          • (a) the same source of a food allergen;

          • (b) the same source of gluten; and

          • (c) one of the common names “sulfites”, “sulfiting agents”, “sulphites” or “sulphiting agents”.

      • Constituents not required to be shown on label
        • 132.26 (1) Constituents of ingredients or of classes of ingredients set out in the table to subsection B.01.009(1) of the Food and Drug Regulations are not required to be shown on the label of a container in which edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product is packaged.

        • Preparation or mixture

          (2) Subject to subsection (3), if a preparation or mixture set out in the table to subsection B.01.009(2) of the Food and Drug Regulations is used to produce edible cannabis, the ingredients and constituents of the preparation or mixture are not required to be shown on the label of the container in which edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product is packaged.

        • Common name

          (3) If a preparation or mixture set out in the table to subsection B.01.009(2) of the Food and Drug Regulations is used to produce edible cannabis and the preparation or mixture has one or more of the ingredients or constituents listed in subsection B.01.009(3) of the Food and Drug Regulations, those ingredients or constituents must be shown by their common names in the list of the ingredients of the edible cannabis to which they are added as if they were ingredients of that edible cannabis.

        • Constituents required to be shown in list of ingredients

          (4) Despite subsections (1) and (2), if any of the constituents listed in subsection B.01.009(4) of the Food and Drug Regulations is contained in an ingredient of edible cannabis set out in a table referred to in subsection (1) or (2), that constituent must be shown in the list of ingredients.

      • Small immediate container
        • 132.27 (1) In the case of a cannabis product whose immediate container is too small for all the required information to be displayed on its label in accordance with these Regulations,

          • (a) the label may extend beyond the exterior display surface; or

          • (b) either a peel-back or accordion panel may be applied to the container.

        • Label or panel not easily removed

          (2) The label that extends beyond the exterior display surface and the panel must be applied in a manner that they cannot be easily removed from the immediate container.

        • Panel

          (3) The panel must

          • (a) be able to be resealed;

          • (b) withstand repeated openings and closings without detaching from the immediate container under customary conditions of use; and

          • (c) include any of the following information that cannot be included on the label because the immediate container of the cannabis product is too small for all the required information to be displayed in accordance with these Regulations:

            • (i) the class of cannabis set out in Schedule 4 to the Act to which the cannabis that is in the immediate container belongs,

            • (ii) the recommended storage conditions,

            • (iii) the packaging date,

            • (iv) except in the case of a cannabis plant, cannabis plant seeds or edible cannabis, either

              • (A) the expiry date in accordance with subsection 123(2), or

              • (B) a statement that no expiry date has been determined,

            • (v) except in the case of dried cannabis or a cannabis plant, the statement “Contains the equivalent of (the quantity of dried cannabis, in grams, that is equivalent to the quantity of cannabis, in grams or seeds, as the case may be, as determined in accordance with subsection 2(4) of the Act, in the immediate container)g of dried cannabis”,

            • (vi) the list of ingredients of the cannabis product, including constituents, if any,

            • (vii) in the case of dried cannabis or fresh cannabis, the net weight,

            • (viii) in the case of a cannabis extract,

              • (A) the net weight, including the net weight of cannabis extract in each unit, if the cannabis extract is in discrete units,

              • (B) the quantity of THC and CBD that is dispensed with each activation of any cannabis accessory that is packaged with or contains the cannabis extract, and

              • (C) the name of any food allergen that is present in the product,

            • (ix) in the case of a cannabis topical, its net weight, including the net weight of cannabis topical in each unit, if the cannabis topical is in discrete units, and

            • (x) in the case of edible cannabis,

              • (A) if the edible cannabis is in solid form, its net weight, and in any other case, its net volume,

              • (B) the durable life date,

              • (C) the source of any food allergen or gluten present in the edible cannabis, except as a result of cross-contamination,

              • (D) sulphites that are present in the edible cannabis in an amount of 10 p.p.m. or more, and

              • (E) the nutrition facts table.

        • Interpretation — information on panel

          (4) The information included on the panel must be shown in accordance with the provisions of these Regulations with respect to a label as if the panel were a label for the purposes of those provisions.

        • Brand element

          (5) The panel must not display any brand element.

        • Statement on location of information

          (6) The label of an immediate container in which a cannabis product is packaged and to which a panel is applied must include a statement that clearly indicates the location of any information required under these Regulations that is not included on the label.

        • Image

          (7) The label referred to in subsection (6) may include an image that is printed in black and white and that provides instructions on how to open the panel.

        • Information on exterior display surface

          (8) In addition to the information that is required under these Regulations, the label referred to in subsection (6) may include

          • (a) a bar code, in accordance with section 122;

          • (b) a brand element, in accordance with subsection (9); and

          • (c) an image, in accordance with subsection 130(10).

        • Exception — brand element

          (9) Despite paragraphs 130(9)(d) and (e), a brand element included on a label that extends beyond the exterior display surface or on a label of a container to which a panel is applied must

          • (a) if the brand element is an image, be 1.27 cm by 1.27 cm in size or smaller; or

          • (b) if the brand element is text only, be in a type size that is 7 points or smaller.

      • Prohibited representation — health and cosmetic benefits

        132.28 It is prohibited to make an express or implied representation, including by way of a brand element, on a cannabis product — or on the package of a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — if there are reasonable grounds to believe that the representation could create the impression that health or cosmetic benefits may be derived from the use of the cannabis product.

      • Prohibited representation — energy value and amount of nutrient
        • 132.29 (1) It is prohibited to make an express or implied representation, including by way of a brand element, on edible cannabis that is a cannabis product or on a cannabis accessory that contains edible cannabis and that is a cannabis product — or on the package of such a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — concerning the energy value referred to in item 2 of the table to section 132.22 or the amount of any nutrient referred to in items 3 to 15 of that table or in items 5 to 37 of the table to section B.01.402 of the Food and Drug Regulations.

        • Interpretation — nutrition facts table

          (2) For greater certainty, subsection (1) does not limit the application of paragraphs 132.18(1)(n) and 132.19(1)(i).

      • Prohibited representation — dietary requirements

        132.3 It is prohibited to make an express or implied representation, including by way of a brand element, on edible cannabis that is a cannabis product or on a cannabis accessory that contains edible cannabis and that is a cannabis product — or on the package of such a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — if there are reasonable grounds to believe that the representation could create the impression that the cannabis product is intended

        • (a) to meet the particular dietary requirements of an individual

          • (i) who has a physical or physiological condition as a result of a disease, disorder or injury, or

          • (ii) for whom a particular effect, including weight loss, is to be obtained by a controlled intake of food; or

        • (b) to meet the dietary requirements of young persons.

      • Prohibited representation — alcoholic beverages

        132.31 It is prohibited to make an express or implied representation, including by way of a brand element, on a cannabis product — or on the package of a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — if there are reasonable grounds to believe that the representation could associate the cannabis product with an alcoholic beverage.

      • Prohibited representation — tobacco products and vaping products

        132.32 It is prohibited to make an express or implied representation, including by way of a brand element, on a cannabis product — or on the package of a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — if there are reasonable grounds to believe that the representation could associate the cannabis product with a tobacco product, as defined in section 2 of the Tobacco and Vaping Products Act, or a vaping product to which that Act applies.

      • Non-application — name and email address

        132.33 Section 132.28, subsection 132.29(1) and sections 132.3 to 132.32 do not apply with respect to the name and email address that are included on the label in accordance with paragraph 123(1)(a).

      • Standardized cannabis symbol on cannabis product intended for inhalation
        • 132.34 (1) The standardized cannabis symbol that must be obtained from the Minister in the form of an electronic file must be clearly and prominently displayed on the outer surface of a cannabis accessory that contains a cannabis extract and that is a cannabis product intended to be consumed by means of inhalation if the cannabis extract contains THC in a concentration greater than 10 μg/g, taking into account the potential to convert THCA into THC.

        • Requirements

          (2) The standardized cannabis symbol must meet the following requirements:

          • (a) it must be at least 1.27 cm by 1.27 cm in size;

          • (b) it must be displayed with a white border of at least 2 points on all sides; and

          • (c) if a change is made to the size of the symbol, its dimensions must be proportional vertically and horizontally.

  • — SOR/2019-206, s. 47

    • 47 Sections 133 and 134 of the Regulations are replaced by the following:

      • Net weight and volume

        133 The net weight and volume that must be included on the label of a cannabis product in accordance with sections 124, 124.1, 125, 132.1, 132.11, 132.12, 132.15, 132.16, 132.18 and 132.19 must be within the tolerance limits set out for that product in the document entitled Tolerance Limits for the Net Weight and Volume Declared on Cannabis Product Labelling, as amended from time to time and published by the Government of Canada on its website.

      • Number of discrete units

        134 The number of discrete units in a container that is labelled in accordance with sections 124, 124.1, 132.1, 132.11, 132.15 and 132.18 must be equal to the number specified on the label.

      • Number of immediate containers

        134.1 The number of immediate containers in an outermost container that is labelled in accordance with paragraph 122.4(2)(a) must be equal to the number of immediate containers specified on the label.

  • — SOR/2019-206, s. 48

    • 48 Section 138 of the Regulations is renumbered as subsection 138(1) and is amended by adding the following after subsection (1):

      • Non-application — name and email address

        (2) Sections 26 and 27 of the Act do not apply with respect to the name and email address that are included on the label in accordance with paragraph (1)(a).

  • — SOR/2019-206, s. 49

    • 49 Section 139 of the Regulations is amended by adding the following in alphabetical order:

      common name

      common name has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (nom usuel)

  • — SOR/2019-206, s. 50

    • 50 Section 141 of the Regulations is repealed.

  • — SOR/2019-206, s. 51

    • 51 Paragraph 155(a) of the Regulations is replaced by the following:

      • (a) the applicant does not hold an establishment licence that is necessary to authorize them to conduct, at the site proposed in the application or at a building within the site, the activities in relation to drugs containing cannabis that they intend to conduct there;

      • (a.1) the Minister of Health suspends, in respect of an activity that the applicant intends to conduct in relation to drugs containing cannabis, an establishment licence that is necessary to authorize the applicant to conduct that activity at the site proposed in the application or at a building within the site;

  • — SOR/2019-206, s. 52

    • 52 Paragraph 156(a) of the Regulations is replaced by the following:

      • (a) the Minister of Health suspends, in respect of an activity that the holder of the cannabis drug licence is authorized to conduct under the licence, an establishment licence that is necessary to authorize the holder to conduct that activity at the site or at a building within the site;

  • — SOR/2019-206, s. 53

    • 53 Paragraph 157(c) of the Regulations is replaced by the following:

      • (c) the holder of the licence no longer holds an establishment licence that is necessary to authorize them to conduct, at the site or at a building within the site, an activity that is authorized under the cannabis drug licence; and

  • — SOR/2019-206, s. 54

      • 54 (1) The definition combination product in section 196 of the Regulations is repealed.

      • (2) Section 196 of the Regulations is amended by adding the following in alphabetical order:

        common name

        common name has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (nom usuel)

  • — SOR/2019-206, s. 55

    • 55 Subparagraph 205(c)(i) of the English version of the Regulations is replaced by the following:

      • (i) a description of the cannabis,

  • — SOR/2019-206, s. 56

    • 56 Subparagraph 209(c)(i) of the English version of the Regulations is replaced by the following:

      • (i) a description of the cannabis,

  • — SOR/2019-206, s. 57

    • 57 Subparagraph 214(c)(i) of the English version of the Regulations is replaced by the following:

      • (i) a description of the cannabis,

  • — SOR/2019-206, s. 58

    • 58 Subparagraph 218(c)(i) of the English version of the Regulations is replaced by the following:

      • (i) a description of the cannabis,

  • — SOR/2019-206, s. 59

      • 59 (1) The portion of subsection 224(1) of the Regulations before paragraph (a) is replaced by the following:

        • Inventory
          • 224 (1) A holder of a licence must retain, for each lot or batch of cannabis — other than a cannabis extract, a cannabis topical or edible cannabis — that they produce, a document that contains the following information, as applicable:

      • (2) Subsection 224(1) of the Regulations is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

        • (g) except in the case of cannabis plants or cannabis plant seeds, any information that is obtained through testing and that relates to the phytocannabinoid and terpene content of the cannabis.

      • (3) The portion of subsection 224(2) of the Regulations before paragraph (a) is replaced by the following:

        • Packaging

          (2) A holder of a licence must retain, for each lot or batch of cannabis — other than a cannabis extract, a cannabis topical or edible cannabis — that they package, a document that contains the following information:

  • — SOR/2019-206, s. 60

    • 60 Subsections 225(1) and (2) of the Regulations are replaced by the following:

      • Inventory — cannabis extract, etc.
        • 225 (1) A holder of a licence must retain, for each lot or batch of cannabis extract, cannabis topical or edible cannabis that they produce, a document that contains the following information:

          • (a) the date of production and the net weight or volume of the cannabis extract, cannabis topical or edible cannabis on that date;

          • (b) if applicable, the date on which the cannabis extract, cannabis topical or edible cannabis is put into a discrete unit form, the net weight or volume of each unit and the number of units;

          • (c) in respect of the cannabis that is used to produce the cannabis extract, cannabis topical or edible cannabis,

            • (i) its description,

            • (ii) its net weight or volume,

            • (iii) its lot or batch number, and

            • (iv) the date on which it was produced;

          • (d) if the cannabis extract, cannabis topical or edible cannabis is or will become a cannabis product or is or will be contained in a cannabis accessory that is or will become a cannabis product,

            • (i) the list of ingredients that is required to appear on the label of the cannabis product, and

            • (ii) the net weight, net volume or concentration by weight or volume of each of those ingredients;

          • (e) if the cannabis extract is or will become a cannabis product or is or will be contained in a cannabis accessory that is or will become a cannabis product,

            • (i) an indication of whether each ingredient that is required to appear on the label of the cannabis product is a carrier substance, flavouring agent or substance that is necessary to maintain the quality or stability of the cannabis product,

            • (ii) any additional information in the possession of the holder that relates to the purpose of each ingredient, and

            • (iii) a description of the flavour, if any, of the cannabis product; and

          • (f) any information that is obtained through testing and that relates to the phytocannabinoid and terpene content of the cannabis extract, cannabis topical or edible cannabis.

        • Exception to subparagraph (1)(d)(ii)

          (1.1) The document is not required to contain the information referred to in subparagraph (1)(d)(ii) in respect of an ingredient if

          • (a) the ingredient is part of a mixture of substances that was used in the production of cannabis referred to in paragraph (1)(d);

          • (b) the holder obtained the mixture from another person;

          • (c) the information has not been disclosed to the holder;

          • (d) the holder has made the necessary arrangements to ensure that the information will be provided to the Minister if, within the retention period referred to in subsection (3), the Minister requires the holder to provide it; and

          • (e) the document contains the net weight or volume of the mixture at the time it was used to produce the cannabis.

        • Exception to subparagraph (1)(e)(i)

          (1.2) The document is not required to contain the information referred to in subparagraph (1)(e)(i) in respect of an ingredient if

          • (a) the requirements in paragraphs (1.1)(a) to (d) are met; and

          • (b) the holder includes in the document an indication of whether the mixture referred to in paragraph (1.1)(a) contains carrier substances, flavouring agents, substances that are necessary to maintain the quality or stability of the cannabis product, or a combination of any of these.

        • Packaging

          (2) A holder of a licence must retain, for each lot or batch of cannabis extract, cannabis topical or edible cannabis that they package, a document that contains the following information:

          • (a) a description of the cannabis extract, cannabis topical or edible cannabis, including the brand name, if applicable;

          • (b) the date on which the cannabis extract, cannabis topical or edible cannabis is packaged and its net weight or volume on that date; and

          • (c) in the case of a drug containing cannabis, the strength per unit of the drug.

  • — SOR/2019-206, s. 61

    • 61 Subsection 226(1) of the Regulations is replaced by the following:

      • Cannabis obtained from another person
        • 226 (1) A holder of a licence must, if they obtain cannabis from another person, retain a document that contains the following information:

          • (a) the name of the person from which the cannabis is obtained;

          • (b) the address of the location at which the cannabis is obtained and, if that location is different from the site or sites at which the cannabis was produced, the address of the site or sites, if known;

          • (c) the date on which the cannabis is obtained;

          • (d) the quantity of cannabis that is obtained;

          • (e) a description of the cannabis, including, if applicable, the brand name;

          • (f) the lot or batch number of the cannabis;

          • (g) in the case of a drug containing cannabis, the form of the drug and its strength per unit; and

          • (h) in the case of cannabis plants, cannabis plant seeds or cannabis that is not of a class of cannabis set out in Schedule 4 to the Act, the intended use.

  • — SOR/2019-206, s. 62

    • 62 The Regulations are amended by adding the following after section 226:

      • Things to be used as ingredients
        • 226.1 (1) A holder of a licence for processing must, if they obtain or produce anything that will be used as an ingredient to produce a cannabis extract, a cannabis topical or edible cannabis, retain a document that contains the following information:

          • (a) the name and business address of the person, if any, that supplies the thing;

          • (b) the date on which the holder takes possession of the thing or, if the thing is produced by the holder, the date on which production is completed;

          • (c) a description of the thing, including the name by which it is generally known and, if applicable,

            • (i) its chemical name,

            • (ii) its common name, if that name is not the name by which it is generally known,

            • (iii) its INCI name, and

            • (iv) its CAS registry number; and

          • (d) any lot code or other unique identifier that enables the thing to be traced.

        • Retention period

          (2) The document must be retained for at least two years after the day on which it is prepared.

        • Definitions

          (3) The following definitions apply in paragraph (1)(c).

          CAS registry number

          CAS registry number means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American Chemical Society. (numéro d’enregistrement CAS)

          common name

          common name has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (nom usuel)

          INCI name

          INCI name has the same meaning as in subsection 2(1) of the Cosmetic Regulations. (appellation INCI)

  • — SOR/2019-206, s. 63

    • 63 Subsection 227(1) of the Regulations is amended by adding the following after paragraph (f):

      • (f.1) in the case of a cannabis extract, a cannabis topical or edible cannabis that is a cannabis product or that is contained in a cannabis accessory that is a cannabis product, the list of ingredients that appears on the label of the cannabis product;

  • — SOR/2019-206, s. 64

    • 64 Paragraph 229(1)(b) of the Regulations is replaced by the following:

      • (b) the date on which the cannabis is destroyed and its pre-destruction net weight or volume on that date;

  • — SOR/2019-206, s. 65

      • 65 (1) Paragraph 231(1)(a) of the Regulations is replaced by the following:

        • (a) for each lot or batch of cannabis any portion of which has been sold or exported, retain a document demonstrating that the cannabis and anything that was used as an ingredient was produced, packaged, labelled, distributed, stored, sampled and tested in accordance with the applicable provisions of Parts 5 and 6;

      • (2) The portion of paragraph 231(1)(d) of the English version of the Regulations before subparagraph (i) is replaced by the following:

        • (d) in respect of the testing conducted under Part 5 or to meet the requirements set out in Part 6,

      • (3) Subparagraph 231(1)(e)(ii) of the Regulations is replaced by the following:

        • (ii) a document that describes every investigation conducted under paragraph 19(2)(b) or (c) and any measures taken under that paragraph; and

      • (4) Paragraph 231(3)(b) of the English version of the Regulations is replaced by the following:

        • (b) each version of the document referred to in subparagraph (1)(d)(i), for at least two years after the day on which the validated methods are replaced or, if the methods have not been replaced, two years after the day on which the licence expires or is revoked.

  • — SOR/2019-206, s. 66

    • 66 Subsection 235(1) of the Regulations is replaced by the following:

      • System of control
        • 235 (1) A holder of a licence, other than a licence for analytical testing or a cannabis drug licence must retain, for each lot or batch of cannabis that they sell or distribute, a document that contains the information that is necessary for the system of control referred to in subsection 46(1).

  • — SOR/2019-206, s. 67

    • 67 Section 242 of the Regulations is replaced by the following:

      • Form and manner

        242 Except as otherwise provided in these Regulations, documents that are required to be provided to the Minister under this Part, Part 8, subsection 241(7) or section 297 must be provided in the form and manner specified in the document entitled Form and Manner Requirements – Documents Provided to the Minister for the Purposes of the Cannabis Act, as amended from time to time and published by the Government of Canada on its website.

  • — SOR/2019-206, s. 68

    • 68 Subparagraph 292(4)(a)(iii) of the Regulations is replaced by the following:

      • (iii) except in the case of cannabis plants, it prevents the escape of odours associated with cannabis plant material, and

  • — SOR/2019-206, s. 69

    • 69 Paragraph 312(3)(g) of the Regulations is replaced by the following:

      • (g) if there is to be any outdoor production, an indication that the site referred to in paragraph (e) is not adjacent to a school, public playground, daycare facility or other public place frequented mainly by young persons.

  • — SOR/2019-206, s. 70

    • 70 Subparagraph 322(2)(a)(iii) of the Regulations is replaced by the following:

      • (iii) it prevents the escape of odours associated with cannabis plant material, and

  • — SOR/2019-206, s. 71

    • 71 Paragraph 326(1)(b) of the Regulations is replaced by the following:

      • (b) outdoors if the production site is adjacent to a school, public playground, daycare facility or other public place frequented mainly by young persons.

  • — SOR/2019-206, s. 72

    • Words and expressions

      72 Words and expressions used in sections 73 to 81 have the same meaning as in the Cannabis Regulations.

  • — SOR/2019-206, s. 73

    • Exemption — cannabis oil
      • 73 (1) A holder of a licence for processing or a licence for sale is — in respect of their activities in relation to cannabis oil, including in respect of an ingredient and anything that will be used as an ingredient — exempt from the application of the Cannabis Regulations if

        • (a) the holder was, on the day before the day on which this section comes into force, authorized to conduct the activities; and

        • (b) the holder conducts the activities in accordance with the Cannabis Regulations as they read immediately before the day on which this section comes into force.

      • Exemption — sale or distribution

        (2) A person, other than a holder of a licence referred to in subsection (1), that is authorized to sell cannabis is — in respect of the sale or distribution of cannabis oil that they obtain, directly or indirectly, from a holder referred to in subsection (1) that meets the conditions set out in that subsection — exempt from the application of the Cannabis Regulations if the person complies with those Regulations as they read immediately before the day on which this section comes into force.

      • Packaging and labelling

        (3) A person that is authorized to sell cannabis oil is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis oil is packaged and labelled in accordance with the Cannabis Regulations as they read immediately before the day on which this section comes into force.

      • Cessation of effect

        (4) This section ceases to have effect on the day that, in the 12th month after the month in which this section comes into force, has the same calendar number as the day on which it comes into force or, if that 12th month has no day with that number, the last day of that 12th month.

  • — SOR/2019-206, s. 74

    • Exemption — section 79

      74 A holder of a licence that, before the day on which this section comes into force, initiated or completed any activity in relation to the production, packaging, labelling, storing, sampling or testing of dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds in accordance with Part 5 of the Cannabis Regulations as they read immediately before the day on which this section comes into force is exempt from the application of section 79 of the Cannabis Regulations if

      • (a) the licence holder was, on the day before the day on which this section comes into force, authorized to conduct the activities; and

      • (b) from the day on which this section comes into force, the licence holder conducts all remaining activities in relation to the production, packaging, labelling, storing, sampling or testing of such cannabis in accordance with Part 5 of the Cannabis Regulations.

  • — SOR/2019-206, s. 75

    • Exemption — dried and fresh cannabis
      • 75 (1) Dried cannabis or fresh cannabis is exempt from the application of subsection 93(3) of the Cannabis Regulations if the dried cannabis or fresh cannabis meets the requirements of subsection 94(1) of those Regulations as they read immediately before the day on which this section comes into force.

      • Cessation of effect

        (2) This section ceases to have effect on the day that, in the 12th month after the month in which this section comes into force, has the same calendar number as the day on which it comes into force or, if that 12th month has no day with that number, the last day of that 12th month.

  • — SOR/2019-206, s. 76

    • Exemption — more than one immediate container
      • 76 (1) A holder of a licence is — in respect of their activities in relation to dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products or that are contained in a cannabis accessory that is a cannabis product — exempt from the application of paragraph 122.4(1)(c) of the Cannabis Regulations if the holder was, on the day before the day on which this section comes into force, authorized to conduct the activities.

      • Exemption — holder of licence

        (2) A holder of a licence for cultivation or a licence for processing that is authorized to sell dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 122.4(1)(c).

      • Exemption — other person

        (3) A person, other than a holder of a licence for cultivation or a licence for processing, that is authorized to sell dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 122.4(1)(c).

      • Cessation of effect

        (4) Subsections (1) and (2) cease to have effect on the day that, in the 12th month after the month in which this section comes into force, has the same calendar number as the day on which it comes into force or, if that 12th month has no day with that number, the last day of that 12th month.

  • — SOR/2019-206, s. 77

    • Exemption — health warning messages
      • 77 (1) A holder of a licence is — in respect of their activities in relation to dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products or that are contained in a cannabis accessory that is a cannabis product — exempt from the application of paragraph 123(1)(e) of the Cannabis Regulations, if:

        • (a) the holder was, on the day before the day on which this section comes into force, authorized to conduct the activities;

        • (b) one of the following health warning messages is included on the label that is applied to any container in which the cannabis product is packaged:

          • (i) in the case of dried cannabis or a cannabis accessory that contains dried cannabis, one of the health warning messages set out in Part 1 of the document entitled Cannabis Health Warning Messages, as it read immediately before the coming into force of this section, or

          • (ii) in any other case, one of the health warning messages set out in Part 2 of that document, as it read immediately before the coming into force of this section; and

        • (c) the health warning messages referred to in paragraph (b) are displayed in rotation on each type of container of each brand name of the cannabis product that is packaged in a year, so that each health warning message is displayed, to the extent possible, on equal numbers of containers of that product.

      • Exemption — holder of licence

        (2) A holder of a licence for cultivation or a licence for processing that is authorized to sell dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 123(1)(e).

      • Exemption — other person

        (3) A person, other than a holder of a licence for cultivation or a licence for processing, that is authorized to sell dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 123(1)(e).

      • Cessation of effect

        (4) Subsections (1) and (2) cease to have effect on the day that, in the 12th month after the month in which this section comes into force, has the same calendar number as the day on which it comes into force or, if that 12th month has no day with that number, the last day of that 12th month.

  • — SOR/2019-206, s. 78

    • Exemption — statement on quantity of cannabis
      • 78 (1) A holder of a licence is — in respect of their activities in relation to fresh cannabis or cannabis plant seeds that are cannabis products or that are contained in a cannabis accessory that is a cannabis product — exempt from the application of paragraph 123(1)(g) of the Cannabis Regulations if the holder was, on the day before the day on which this section comes into force, authorized to conduct the activities.

      • Exemption — holder of licence

        (2) A holder of a licence for cultivation or a licence for processing that is authorized to sell fresh cannabis or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 123(1)(g).

      • Exemption — other person

        (3) A person, other than a holder of a licence for cultivation or a licence for processing, that is authorized to sell fresh cannabis or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 123(1)(g).

      • Cessation of effect

        (4) Subsections (1) and (2) cease to have effect on the day that, in the 12th month after the month in which this section comes into force, has the same calendar number as the day on which it comes into force or, if that 12th month has no day with that number, the last day of that 12th month.

  • — SOR/2019-206, s. 79

    • Exemption — labelling for dried cannabis and fresh cannabis
      • 79 (1) A holder of a licence is — in respect of their activities in relation to dried cannabis or fresh cannabis that are cannabis products or that are contained in a cannabis accessory that is a cannabis product — exempt from the application of sections 124, 124.1 and 125 of the Cannabis Regulations if

        • (a) the holder was, on the day before the day on which this section comes into force, authorized to conduct the activities; and

        • (b) the holder conducts the activities in accordance with sections 124 and 125 of the Cannabis Regulations, as applicable and as they read immediately before the day on which this section comes into force.

      • Exemption — holder of licence

        (2) A holder of a licence for cultivation or a licence for processing that is authorized to sell dried cannabis or fresh cannabis that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with

        • (a) sections 124 and 125 of the Cannabis Regulations, as applicable and as they read immediately before the day on which this section comes into force;

        • (b) sections 72 to 81, as applicable; and

        • (c) the Cannabis Regulations, other than sections 124, 124.1 and 125.

      • Exemption — other person

        (3) A person, other than a holder of a licence for cultivation or a licence for processing, that is authorized to sell dried cannabis or fresh cannabis that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with

        • (a) sections 124 and 125 of the Cannabis Regulations, as applicable and as they read immediately before the day on which this section comes into force;

        • (b) sections 72 to 81, as applicable; and

        • (c) the Cannabis Regulations, other than sections 124, 124.1 and 125.

      • Cessation of effect

        (4) Subsections (1) and (2) cease to have effect on the day that, in the 12th month after the month in which this section comes into force, has the same calendar number as the day on which it comes into force or, if that 12th month has no day with that number, the last day of that 12th month.

  • — SOR/2019-206, s. 80

    • Exemption — size of brand element
      • 80 (1) A holder of a licence is — in respect of their activities in relation to dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products or that are contained in a cannabis accessory that is a cannabis product — exempt from the application of subparagraph 130(9)(d)(ii) of the Cannabis Regulations if the holder was, on the day before the day on which this section comes into force, authorized to conduct the activities.

      • Exemption — holder of licence

        (2) A holder of a licence for cultivation or a licence for processing that is authorized to sell dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 130(9)(d)(ii).

      • Exemption — other person

        (3) A person, other than a holder of a licence for cultivation or a licence for processing, that is authorized to sell dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than subparagraph 130(9)(d)(ii).

      • Cessation of effect

        (4) Subsections (1) and (2) cease to have effect on the day that, in the 12th month after the month in which this section comes into force, has the same calendar number as the day on which it comes into force or, if that 12th month has no day with that number, the last day of that 12th month.

  • — SOR/2019-206, s. 81

    • Activities prior to coming into force
      • 81 (1) It is prohibited for a holder of a licence to sell, distribute or export a cannabis extract, a cannabis topical or edible cannabis — or a cannabis accessory that contains any of these — that was produced, packaged, labelled, stored, sampled or tested before the day on which this section comes into force, unless at the time it was produced, packaged, labelled, stored, sampled or tested

      • Application

        (2) Subsection (1) applies to the cannabis extract, cannabis topical or edible cannabis — or the cannabis accessory that contains any of these — whether it is a cannabis product or not.

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