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Cannabis Regulations (SOR/2018-144)

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

PART 7Packaging and Labelling (continued)

Labelling — Cannabis Products (continued)

Marginal note:Representation resembling standardized cannabis symbol

 A representation, such as an illustration, sign, mark, symbol or design, that so closely resembles the standardized cannabis symbol that it is likely to be mistaken for that symbol must not appear on any container in which a cannabis product is packaged.

Marginal note:Insert or leaflet

 Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, any container in which a cannabis product is packaged must not include, or be accompanied by, an insert or leaflet.

Cannabis Product Accuracy Rules

Marginal note:Net weight and volume

 The net weight and net volume that must be included on the label of a cannabis product in accordance with sections 124 to 127 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.

Marginal note:Number of discrete units

 The number of discrete units in a container that is labelled in accordance with sections 124 and 126 must be equal to the number specified on the label.

Marginal note:Number of cannabis plants

 The number of cannabis plants in a container that is labelled in accordance with section 128 must be equal to the number specified on the label.

Marginal note:Number of cannabis plant seeds

 The number of cannabis plant seeds in a container that is labelled in accordance with section 129 must be equal to the number specified on the label.

Labelling — Cannabis Other than Cannabis Products

Marginal note:Requirement — cannabis other than a cannabis product

 A holder of a licence must not sell, distribute or export cannabis, other than a cannabis product, unless the requirements in section 138 have been met.

Marginal note:Information

 A label that includes the following information must be applied to any container that contains cannabis, other than a cannabis product:

  • (a) the name, telephone number and email address of the holder of the licence that sells, distributes or exports the cannabis; and

  • (b) in respect of the cannabis,

    • (i) the lot number, preceded by one of the following designations:

      • (A) “Lot number”,

      • (B) “Lot no.”,

      • (C) “Lot”, or

      • (D) “(L)”, and

    • (ii) the packaging date.

PART 8Drugs Containing Cannabis

Definitions

Marginal note:Definitions

 The following definitions apply in this Part.

brand name

brand name has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (nom commercial)

distribute

distribute does not include administering. (distribuer)

establishment licence

establishment licence means a licence issued under section C.01A.008 of the Food and Drug Regulations. (licence d’établissement)

hospital

hospital means a facility

  • (a) that is licensed, approved or designated by a province under the laws of the province to provide care or treatment to individuals or animals suffering from any form of disease or illness; or

  • (b) that is owned or operated by the Government of Canada or the government of a province and that provides health services. (hôpital)

licensed dealer

licensed dealer means a licensed dealer, as defined in subsection 2(1) of the Narcotic Control Regulations, that specializes in the destruction of narcotics, as defined in subsection 2(1) of those Regulations. (distributeur autorisé)

practitioner

practitioner has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (praticien)

qualified person in charge

qualified person in charge means the individual referred to in section 150. (responsable qualifié)

Security Directive

Security Directive means the Directive on Physical Security Requirements for Controlled Substances and Drugs Containing Cannabis, as amended from time to time and published by the Government of Canada on its website. (Directive en matière de sécurité)

senior person in charge

senior person in charge means the individual referred to in section 149. (responsable principal)

DIVISION 1Licence

Activities

Marginal note:Authorized activities

  •  (1) Subject to the other provisions of these Regulations, a holder of a cannabis drug licence is authorized to conduct the following activities if they are authorized by the licence:

    • (a) possessing cannabis obtained in accordance with these Regulations; and

    • (b) producing or selling a drug containing cannabis.

  • Marginal note:Ancillary activities — production

    (2) A holder of a cannabis drug licence that authorizes the production of a drug containing cannabis is also authorized to distribute and offer to produce the drug.

  • Marginal note:Ancillary activities — sale

    (3) A holder of a cannabis drug licence that authorizes the sale of a drug is also authorized to distribute the drug.

  • Marginal note:Definition of produce

    (4) For the purpose of this section, produce does not include obtaining cannabis by cultivating, propagating or harvesting it.

Marginal note:Eligibility and corresponding activities

  •  (1) Only a holder of an establishment licence that authorizes the following activities may apply for a cannabis drug licence:

    • (a) if the application is for the possession of cannabis, fabricating, packaging/labelling, distributing, importing, wholesaling or testing a drug containing cannabis, including its examination;

    • (b) if the application is with respect to the production of a drug containing cannabis, fabricating the drug; or

    • (c) if the application is with respect to the sale of a drug containing cannabis, packaging/labelling, distributing, importing or wholesaling the drug.

  • Marginal note:Location of activity

    (2) The address of the building where the activity referred to in the application is proposed to be conducted must be the same as the address of the building at which the applicable activity referred to in subsection (1) is authorized by the establishment licence.

Marginal note:Use of organic solvent

 Subject to the other provisions of these Regulations, a holder of a cannabis drug licence that authorizes the production of a drug containing cannabis is also authorized to alter or offer to alter the chemical or physical properties of the cannabis by the use of an organic solvent.

Marginal note:Sale

  •  (1) Subject to subsection (2), a holder of a cannabis drug licence that authorizes the sale of a drug containing cannabis may sell or distribute the drug only to

    • (a) another holder of a cannabis drug licence;

    • (b) an individual referred to in section 4.

    • (c) a holder of a research licence;

    • (d) a holder of an analytical testing licence;

    • (e) the holder of a licence from which the holder of the cannabis drug licence received the drug, if the drug is sold or distributed for the purpose of its return;

    • (f) a holder of a licence or a licensed dealer, if the drug is sold or distributed for the purpose of its destruction;

    • (g) a pharmacist;

    • (h) a practitioner;

    • (i) a hospital employee;

    • (j) a person to which an exemption in relation to the drug has been granted under section 140 of the Act; or

    • (k) the Minister.

  • Marginal note:Written order

    (2) A holder of a cannabis drug licence that authorizes the sale of a drug containing cannabis may only sell the drug if

    • (a) they have received a written order that specifies the name and quantity of the drug to be supplied and is signed and dated

      • (i) in the case of a drug to be provided to a hospital employee or a practitioner in a hospital, by the pharmacist in charge of the hospital’s pharmacy or by a practitioner authorized by the individual in charge of the hospital to sign the order, and

      • (ii) in any other case, by the person to which the drug is to be sold; and

    • (b) they have verified the signature, if it is unknown to them.

  • Marginal note:Exception — pharmacist and practitioner

    (3) It is prohibited for a holder of a cannabis drug licence to sell or distribute any drug containing cannabis to

    • (a) a pharmacist who is named in a notice issued under subsection 181(2) or (4); or

    • (b) a practitioner who is named in a notice issued under subsection 189(2) or (4).

  • Marginal note:Non-application

    (4) Subsection (3) does not apply to a holder of a cannabis drug licence to which the Minister has issued a notice of retraction issued under

    • (a) subsection 182(1) in respect of the pharmacist referred to in paragraph (3)(a); or

    • (b) subsection 190(1) in respect of a practitioner referred to in paragraph (3)(b).

 
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