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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 8Drugs Containing Cannabis (continued)

DIVISION 1Licence (continued)

Activities (continued)

Marginal note:Presence of qualified person in charge

 A holder of a cannabis drug licence may conduct an activity in relation to cannabis, other than its destruction or antimicrobial treatment, at the licensed site only if the qualified person in charge or an alternate qualified person in charge is present at the site.

Marginal note:Antimicrobial treatment

 A holder of a cannabis drug licence may conduct antimicrobial treatment of cannabis at a location other than the licensed site if

  • (a) they ensure that the cannabis that is at the location is, at all times, in the presence of an individual referred to in paragraph 146(3)(a); and

  • (b) the cannabis is subsequently returned to the licensed site or distributed in accordance with this Part.

Marginal note:Destruction — holder of a cannabis drug licence

  •  (1) A holder of a cannabis drug licence is authorized to destroy cannabis only

    • (a) in accordance with a method that

      • (i) complies with all federal, provincial and municipal environmental protection legislation applicable to the location where it is to be destroyed, and

      • (ii) does not result in any individual being exposed to cannabis smoke or cannabis vapour;

    • (b) in the presence of a witness referred to in paragraph (3)(a) and another witness referred to in subsection (3); and

    • (c) in the case where the cannabis is destroyed at a location other than the licensed site, if the holder ensures that the cannabis that is at the location is, at all times, in the presence of at least one witness referred to in paragraph (3)(a).

  • Marginal note:Destruction — licensed dealer

    (2) The licensed dealer is authorized to destroy cannabis only

    • (a) in accordance with a method that

      • (i) complies with all federal, provincial and municipal environmental protection legislation applicable to the location at which it is to be destroyed, and

      • (ii) does not result in any individual being exposed to cannabis smoke or cannabis vapour; and

    • (b) in the presence of a witness referred to in paragraph (4)(a) and another witness referred to in subsection (4).

  • Marginal note:Witness — holder of a cannabis drug licence

    (3) The following individuals are qualified to witness the destruction of cannabis by a holder of a cannabis drug licence:

    • (a) the senior person in charge, the qualified person in charge or the alternate qualified person in charge; and

    • (b) an employee of the holder.

  • Marginal note:Witness — licensed dealer

    (4) The following individuals are qualified to witness the destruction of cannabis by a licensed dealer:

    • (a) the qualified person in charge, as defined in subsection 2(1) of the Narcotic Control Regulations, or the alternate qualified person in charge designated under paragraph 8.3(1)(b) of those Regulations; and

    • (b) an employee of the licensed dealer.

  • Marginal note:Statement by witnesses

    (5) For each instance that they destroy cannabis, the holder of a cannabis drug licence or the licensed dealer, as the case may be, must obtain a statement signed and dated by two of the witnesses referred to in paragraph (1)(b) or (2)(b) stating that they witnessed the destruction and that the cannabis was destroyed in accordance with a method referred to in paragraph (1)(a) or (2)(a).

  • Marginal note:Record

    (6) With respect to cannabis that they destroy, the holder of a cannabis drug licence or the licensed dealer, as the case may be, must prepare a record that sets out

    • (a) a description of the cannabis, its form and quantity;

    • (b) in the case of a drug containing cannabis, the brand name of the drug and its strength per unit;

    • (c) the address of the location at which the cannabis is destroyed;

    • (d) a brief description of the method and the date of destruction; and

    • (e) the names of the individuals who witnessed the destruction and were qualified to do so under paragraph (1)(b) or (2)(b) and the basis on which they were qualified under subsection (3) or (4).

  • Marginal note:Retention period

    (7) The holder of a cannabis drug licence and the licensed dealer must retain the record and the statement for at least two years after the day on which the cannabis is destroyed.

Licence Issuance

Marginal note:Licence — content

 A cannabis drug licence must set out the following information:

  • (a) the name of the holder of the licence;

  • (b) the licence number;

  • (c) the address of the site where the activity is authorized and, if applicable, of each building within the site;

  • (d) the authorized activity at the site and, if applicable, the authorized activity that may be conducted at each building within the site;

  • (e) the security measures to be implemented to comply with the requirements of either the Security Directive or Part 4;

  • (f) any conditions that the Minister considers appropriate;

  • (g) the effective date of the licence; and

  • (h) the date of expiry of the licence.

Marginal note:Amendment

 A holder of a cannabis drug licence must submit an application to amend the licence if they propose to make any of the following changes:

  • (a) a change to the name of the holder;

  • (b) a change to the authorized activity at the site or the authorized activity at each building within the site; and

  • (c) a change to the security measures implemented to comply with the requirements of either the Security Directive or Part 4.

Individuals in Charge

Marginal note:Senior person in charge

 The holder of a cannabis drug licence must retain the services of one individual as a senior person in charge who has overall responsibility for the management of the activities, with respect to cannabis, that are authorized under the licence.

Marginal note:Qualified person in charge

  •  (1) A holder of a cannabis drug licence must retain the services of one individual as a qualified person in charge who is responsible for supervising the activities with respect to cannabis that are authorized under the licence and for ensuring, on behalf of the holder, that those activities comply with these Regulations.

  • Marginal note:Alternate qualified person in charge

    (2) A holder of a cannabis drug licence may designate an individual as an alternate qualified person in charge who is authorized to replace the qualified person in charge.

  • Marginal note:Qualifications

    (3) Only an individual who meets the following requirements may be a qualified person in charge or an alternate qualified person in charge:

    • (a) they work at the site specified in the licence;

    • (b) they

      • (i) are entitled to practise a profession that is relevant to their duties, such as that of pharmacist, practitioner, pharmacy technician or laboratory technician,

      • (ii) hold a diploma, certificate or credential that is awarded by a post-secondary educational institution in Canada in a field or occupation that is relevant to their duties, such as pharmacy, medicine, dentistry, veterinary medicine, pharmacology, chemistry, biology, pharmacy technician, laboratory technician, pharmaceutical regulatory affairs or supply chain management or security, or

      • (iii) hold a diploma, certificate or credential that is awarded by a foreign educational institution in a field or occupation referred to in subparagraph (ii) and

        • (A) an equivalency assessment as defined in subsection 73(1) of the Immigration and Refugee Protection Regulations, or

        • (B) an equivalency assessment issued by an organization or institution that is responsible for issuing equivalency assessments and is recognized by a province;

    • (c) they have sufficient knowledge of and experience with the use and handling of drugs to properly carry out their duties; and

    • (d) they are familiar with the provisions of the Act and these Regulations that apply to the holder of the licence.

  • Marginal note:Exception

    (4) A holder of a cannabis drug licence may retain the services of an individual as a qualified person in charge or designate an alternate qualified person in charge who does not meet any of the requirements of paragraph (3)(b) if

    • (a) no other individual working at the site specified in the licence meets those requirements;

    • (b) those requirements are not necessary for the activities that are authorized under the licence; and

    • (c) the individual possesses knowledge — acquired from a combination of education, training and work experience — that is sufficient to enable them to properly carry out their duties.

 
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