Cannabis Regulations (SOR/2018-144)

Marginal note:Cessation of activities

• 154 (1) A holder of a cannabis drug licence that intends to cease conducting all the activities authorized by the licence — whether before or on the date of expiry of the licence — must provide to the Minister a written notice to that effect at least 30 days before the day on which those activities cease.

• Marginal note:Content of notice

  (2) The notice must be signed and dated by the senior person in charge and contain the following information:

  • (a) the date on which activities are expected to cease;

  • (b) a description of the manner in which any cannabis remaining at the site as of the date referred to in paragraph (a) will be disposed of by the holder, including

    • (i) if the cannabis will be sold or distributed, in whole or in part, the name and address of the person to which it will be sold or distributed, and

    • (ii) if it will be destroyed, in whole or in part, the day on which and the location at which the destruction is to take place;

  • (c) the address of the location at which the holder’s records, reports, electronic data and other documents that are required to be retained under the Act by the holder, will be retained after activities have ceased; and

  • (d) the name, address, telephone number and, if applicable, facsimile number and email address of a person from which the Minister may obtain further information after activities have ceased.

• Marginal note:Update

  (3) After having ceased the activities, the holder must submit to the Minister an update of the information referred to in paragraphs (2)(a) to (d), if it differs from what was set out in the notice submitted under subsection (1). The update must be signed and dated by the senior person in charge.

Refusal, suspension and revocation

Marginal note:Other grounds for refusal

155 For the purpose of paragraph 62(7)(h) of the Act, the other grounds for refusing to issue, renew or amend a cannabis drug licence are as follows:

• (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;

• (b) the holder of the cannabis drug licence applies for an amendment to change the location of the site where an activity that is authorized by the licence may be conducted; and

• (c) in respect of the renewal or amendment of the licence, the holder of the licence does not hold the cannabis licence issued under subsection 14(1.1) of the Excise Act, 2001, if it is required;

Marginal note:Suspension — other circumstance

156 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 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;

• (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

157 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 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

• (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

158 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, Hospitals and Licensed Dealers

General Provisions

Marginal note:Possession — Person

• 159 (1) 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 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) an individual who possesses a quantity of the drug that exceeds the applicable limit under the Act and who

    • (i) has obtained the drug, for their own use or for an animal for which the individual is responsible, from a practitioner or in accordance with a prescription that was not issued or obtained in contravention of these Regulations, or

    • (ii) has imported the drug in accordance with section 195.4;

  • (d) 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 (c) if the possession is for the purpose of its return or destruction;

  • (e) a licensed dealer, other than a licensed dealer specialized in destruction, if the possession is for the purpose of selling or distributing it to a licensed dealer specialized in destruction;

  • (f) a licensed dealer specialized in destruction, 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 — prescription drug

  (2) The following persons, if they have obtained a prescription drug 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, if they require the drug for their business or profession; or

  • (b) a hospital employee or a practitioner in a hospital.

Marginal note:Possession — quantity allowed

160 Any quantity of drug containing cannabis that an individual is authorized to possess under paragraph 159(1)(c) or (d) is in addition to any other quantity of cannabis that the individual is authorized to possess under the Act.

161 [Repealed, SOR/2025-244, s. 16]

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

162 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

163 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 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

164 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 for a prescription drug.

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

165 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

166 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

167 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

168 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

169 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

170 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 brand 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

171 Subject to section 174, a pharmacist is authorized to sell, distribute or administer a prescription drug to a person

• (a) if the person is exempt 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

• 172 (1) A pharmacist is authorized to sell or distribute a prescription drug, 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 brand name, quantity and strength per unit of the drug; and

  • (b) if the sale or distribution is for the purpose of its destruction, an attestation that states 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.

173 [Repealed, SOR/2025-244, s. 21]

Marginal note:Prohibited activities

• 174 (1) It is prohibited for a pharmacist to

  • (a) sell or distribute a prescription drug to a pharmacist who is named in a notice issued under subsection 181(2) or (4);

  • (b) sell or distribute a prescription drug to a practitioner who is named in a notice issued under subsection 189(2) or (4); or

  • (c) fill a prescription or order for a prescription drug from such a practitioner.

• Marginal note:Non-application

  (2) Subsection (1) does not apply to a pharmacist to whom the Minister has issued a notice of retraction under

  • (a) subsection 182(1), in respect of a pharmacist who is named in a notice issued under subsection 181(2) or (4); or

  • (b) subsection 190(1), in respect of a practitioner who is named in a notice issued under subsection 189(2) or (4).