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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)

Refusal, suspension and revocation (continued)

Marginal note:Suspension — other circumstance

 For the purpose of paragraph 64(1)(b) of the Act, other circumstances for the suspension of a cannabis drug licence are the following:

  • (a) the establishment licence referred to in section 141 is suspended; and

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

Marginal note:Revocation — other circumstances

 For the purpose of paragraph 65(h) of the Act, other circumstances for the revocation of a cannabis drug licence are the following:

  • (a) the licence that has been suspended is not reinstated because the reasons for the suspension still exist or the holder of the licence has not demonstrated to the Minister that the suspension is unfounded;

  • (b) the holder of the licence has requested its revocation in writing;

  • (c) the establishment licence referred to in section 141 is suspended or cancelled; and

  • (d) the holder of the licence no longer holds the cannabis licence referred to in subsection 14(1.1) of the Excise Act, 2001, if it is required.

Security

Marginal note:Security obligations

 A holder of a cannabis drug licence must

  • (a) take reasonable steps to protect the cannabis they possess against theft or loss;

  • (b) if they experience a theft of cannabis or a loss of cannabis that cannot be explained on the basis of normally accepted operations,

    • (i) notify a police force within 24 hours after becoming aware of its theft or loss, and

    • (ii) notify the Minister, in writing, within 10 days after becoming aware of its theft or loss; and

  • (c) take any steps that are necessary to ensure the safekeeping of cannabis when distributing it.

DIVISION 2Possession, Pharmacists, Practitioners and Hospitals

General Provisions

Marginal note:Possession — Person

 The following persons, if they have obtained a drug containing cannabis either in accordance with these Regulations, or from a person that is exempt under section 140 of the Act from the application of subsections 9(1) and (2) and 10(1) and (2) of the Act with respect to that drug, are authorized to possess the drug:

  • (a) a pharmacist, a practitioner who is entitled to practise in the province in which they possess the drug or a holder of a cannabis drug licence, if they require the drug for their business or profession;

  • (b) a practitioner who is entitled to practise in a province other than the province in which they possess the drug and their possession is for emergency medical purposes only;

  • (c) a hospital employee or a practitioner in a hospital;

  • (d) an individual who possesses a quantity of the drug that exceeds the applicable limit under the Act and has obtained the drug for their own use or for their animal from a practitioner or in accordance with a prescription that was not issued or obtained in contravention of these Regulations;

  • (e) an individual who possesses a quantity of the drug that exceeds the applicable limit under the Act and has reasonable grounds to believe that the drug was obtained by another individual in accordance with paragraph (d) if the possession is for the purpose of its return or destruction;

  • (f) a licensed dealer, if the possession is for the purpose of its destruction;

  • (g) a person to which an exemption has been granted under section 140 of the Act with respect to the possession of that drug, if the possession is for a purpose set out in the exemption; or

  • (h) the Minister.

Marginal note:Possession — quantity allowed

 Any quantity of drug containing cannabis that an individual is authorized to possess under paragraph 159(d) or (e) is in addition to any other quantity of cannabis that the individual is authorized to possess under the Act.

Marginal note:Authorization

 Subject to the other provisions of these Regulations, an individual referred to in paragraph 159(d) or (e) is authorized to distribute a drug containing cannabis to a pharmacist for its destruction.

Marginal note:Promotion — communication of brand name, etc.

 Subject to the other provisions of these Regulations, a person is authorized to promote a prescription drug by communicating the brand name, the proper name, the common name, the price or the quantity of the drug.

Marginal note:Exemption — section 21 of Act

 A person is exempt from the application of section 21 of the Act if they display, refer to or otherwise use the brand name of a prescription drug, or the name of the holder of the drug identification number assigned in accordance with subsection C.01.014.2(1) of the Food and Drug Regulations for a prescription drug, directly or indirectly in a promotion that is used in the sponsorship of a person, entity, event, activity or facility.

Marginal note:Exemption — section 22 of Act

 A person is exempt from the application of section 22 of the Act if they display on a facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity, the brand name of a prescription drug or the name of the holder of the drug identification number assigned in accordance with subsection C.01.014.2(1) of the Food and Drug Regulations for a prescription drug.

Marginal note:Exemption — subsection 23(1) of Act

 A person is exempt from the application of subsection 23(1) of the Act if they publish, broadcast or otherwise disseminate, on behalf of another person, with or without consideration, any promotion that is authorized under sections 162 to 164.

Marginal note:Authorization – drug for veterinary use

 Subject to the other provisions of these Regulations, a person that is authorized to sell a prescription drug for veterinary use may sell it in a package or with a label that sets out a depiction of a real or fictional animal that corresponds to the species of the animal for which the drug is intended.

Marginal note:Authorization — drug appealing to young person

 Subject to the other provisions of these Regulations, a person is authorized to sell a drug containing cannabis that has an appearance, shape or other sensory attribute or a function that there are reasonable grounds to believe could be appealing to young persons.

Marginal note:Authorization — drug not in Schedule 4

 Subject to the other provisions of these Regulations, a person authorized to sell a drug containing cannabis may sell a drug that is of a class that is not referred to in Schedule 4 to the Act.

Marginal note:Authorization — drug containing a substance in Schedule 5

 Subject to the other provisions of these Regulations, a person is authorized to sell a drug containing cannabis that contains any substance that is referred to in column 1 of Schedule 5 to the Act.

Pharmacists

Marginal note:Record keeping

 A pharmacist who receives a prescription drug from a holder of a cannabis drug licence must enter the following in a record retained for such purposes:

  • (a) the name and quantity of the drug received;

  • (b) the date the drug was received; and

  • (c) the name and address of the holder.

Marginal note:Sale, distribution and administration

 Subject to the other provisions of these Regulations, a pharmacist is authorized to sell, distribute or administer a prescription drug to a person:

  • (a) if the person is exempted under section 140 of the Act with respect to the possession of that drug; or

  • (b) if the pharmacist sells, distributes or administers the drug

    • (i) in accordance with a written order or prescription signed and dated by a practitioner, and

    • (ii) after verifying the signature, if it is unknown to the pharmacist.

Marginal note:Return and destruction

  •  (1) Subject to the other provisions of these Regulations, a pharmacist is authorized to sell or distribute a prescription drug, other than a drug referred to in section 173, in accordance with a written order, to

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

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

  • Marginal note:Written order

    (2) The written order must contain

    • (a) the name, quantity and strength per unit of the drug; and

    • (b) if the sale or distribution is for the purpose of its destruction, a written statement that affirms that the sole purpose of the order is the destruction of the drug and that is signed and dated by, or on behalf of, the holder of the cannabis drug licence or the licensed dealer, as the case may be.

  • Marginal note:Record keeping

    (3) The pharmacist must prepare a record with respect to the drug that sets out

    • (a) its brand name, form, quantity and strength per unit;

    • (b) the address of the person to which it was sold or distributed; and

    • (c) the date on which it was sold or distributed.

 
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