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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 12Reporting and Disclosure

Documents and Information Provided to Minister

Marginal note:Form and manner

 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 of Health under the Cannabis Act, as amended from time to time and published by the Government of Canada on its website.

Marginal note:Request by Minister

  •  (1) A person that is required to ensure the retention of documents or information under these Regulations and that is not authorized under the Act to conduct activities in relation to cannabis may be required by the Minister to provide the documents or information to the Minister if the Minister has reasonable grounds to believe that the documents are, or the information is, necessary to address an issue of public health or public safety or to verify compliance or prevent non-compliance with the provisions of the Act or of these Regulations. If the person is required to provide the documents or information to the Minister, they must do so as soon as feasible.

  • Marginal note:Import and export permits

    (2) A person that has ceased to hold a licence and that is required to retain documents — including copies of permits — under section 239 or 240 may be required by the Minister to provide the documents to the Minister if the Minister has reasonable grounds to believe that they are necessary for a purpose specified in subsection (1). If the person is required to provide the documents to the Minister, they must do so as soon as feasible.

  • Marginal note:Exception — urgent issues

    (3) A document or information that must be provided under subsection (1) or (2) to address an issue of public health or public safety must be provided without delay if the Minister has reasonable grounds to believe that the issue must be addressed urgently and so indicates in the request.

Marginal note:Notice — new cannabis product

  •  (1) A holder of a licence for processing, at least 60 days before making available for sale a cannabis product — except cannabis plants or cannabis plant seeds — that they have not previously sold in Canada, must provide the Minister with a written notice that contains the following information:

    • (a) the class of cannabis set out in Schedule 4 to the Act to which the cannabis product belongs;

    • (b) a description of the cannabis product, including the brand name; and

    • (c) the date on which the cannabis product is expected to be made available for sale.

  • Marginal note:Retention period

    (2) The holder must retain a copy of the notice for at least two years after the date referred to in paragraph (1)(c).

Marginal note:Information related to promotion

  •  (1) For the purpose of subsection 43(1) of the Act,

    • (a) the information that a person referred to in that subsection must provide to the Minister in respect of the promotion of cannabis is

      • (i) the total amount of money that the person spent in a given calendar year on promotion that is directed at consumers who purchase cannabis at the retail level in Canada, together with a description of the types of promotion on which the money was spent, and

      • (ii) the total amount of money that the person spent in a given calendar year on promotion conducted in Canada that is not directed at consumers referred to in subparagraph (i), together with a description of the types of promotion on which the money was spent; and

    • (b) the information must be provided, in writing, no later than March 31 of the year after the year to which the information relates.

  • Marginal note:Cannabis accessories and services

    (2) For the purpose of subsection 43(2) of the Act,

    • (a) the information that a person referred to in that subsection must provide to the Minister, in respect of the promotion of cannabis accessories that they sell or distribute or a service related to cannabis that they provide, is

      • (i) the total amount of money that the person spent in a given calendar year on promotion that is directed at consumers who purchase cannabis at the retail level in Canada, together with a description of the types of promotion on which the money was spent, and

      • (ii) the total amount of money that the person spent in a given calendar year on promotion conducted in Canada that is not directed at consumers referred to in subparagraph (i), together with a description of the types of promotion on which the money was spent; and

    • (b) the information must be provided, in writing, no later than March 31 of the year after the year to which the information relates.

  • Marginal note:Exemption

    (3) A person referred to in subsection 43(1) or (2) of the Act is exempt from the requirement to provide the information referred to in subsection (1) or (2) if they do not hold a licence.

  • Marginal note:Prior promotions

    (4) The information referred to in subsections (1) and (2) is not required to be provided in respect of any promotion that is conducted before the day on which these Regulations come into force.

Marginal note:Theft or loss of cannabis

  •  (1) A holder of a licence other than a cannabis drug licence must, if they experience a theft of cannabis or a loss of cannabis that cannot be explained on the basis of normally accepted business activities,

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

    • (b) provide the Minister with a written notice within 10 days after becoming aware of its theft or loss.

  • Marginal note:Retention period

    (2) The holder must retain a copy of the notice provided to the Minister for at least two years after the day by which the Minister must be notified.

Marginal note:Voluntary recall

  •  (1) A holder of a licence must, before commencing a voluntary recall of a cannabis product that has been sold or distributed in Canada, provide the Minister with a document that contains the following information:

    • (a) a description of the cannabis product, including the brand name;

    • (b) the number of each lot or batch of the cannabis product to be recalled, together with, if known, the number of any lot or batch of cannabis that was used to make the cannabis product;

    • (c) if known, the name and address of each person that

      • (i) produced or imported into Canada the cannabis that is, or is contained in, the cannabis product,

      • (ii) packaged or labelled the cannabis referred to in subparagraph (i) before it became, or became part of, the cannabis product,

      • (iii) in the case of a cannabis accessory that is a cannabis product, produced or imported into Canada the cannabis accessory or any component of it, or

      • (iv) packaged or labelled the cannabis product;

    • (d) the reasons for commencing the recall;

    • (e) if the cannabis that is, or is contained in, the cannabis product was produced or imported into Canada by the holder, the quantity of cannabis that was produced or imported;

    • (f) the quantity of the cannabis product that was sold or distributed by the holder in Canada;

    • (g) if applicable, the quantity of the cannabis product that is affected by the problem or potential problem underlying the recall and that remains in the possession of the holder;

    • (h) the number of persons to which the holder sold or distributed the cannabis product in Canada;

    • (i) the period during which the holder sold or distributed the cannabis product in Canada;

    • (j) the time and manner in which the recall is to be carried out, including

      • (i) the expected date for the commencement of the recall,

      • (ii) how and when the Minister will be informed of the progress of the recall, and

      • (iii) the date by which the recall is expected to be completed;

    • (k) a description of any other measure that the holder is taking, or intends to take, in respect of the recall; and

    • (l) contact information for a representative who will be responsible for the recall.

  • Marginal note:Recall — exported cannabis

    (2) A holder of a licence must, before commencing a voluntary recall of cannabis that has been exported from Canada, provide the Minister with a document that contains the following information:

    • (a) a description of the cannabis, including, if applicable, the brand name;

    • (b) the number of each lot or batch of the cannabis;

    • (c) if known, the name and address of each person that

      • (i) produced or imported into Canada the cannabis, and, if applicable, packaged or labelled it, and

      • (ii) in the case where the cannabis is contained in a cannabis accessory, produced or imported into Canada the cannabis accessory or any component of it;

    • (d) the reasons for commencing the recall;

    • (e) if applicable, the quantity of the cannabis that was produced or imported into Canada by the holder;

    • (f) the quantity of the cannabis that was sold or distributed by the holder in foreign countries;

    • (g) if applicable, the quantity of the cannabis that is affected by the problem or potential problem underlying the recall and that remains in the possession of the holder;

    • (h) the number of persons to which the holder sold or distributed the cannabis in foreign countries;

    • (i) the period during which the holder sold or distributed the cannabis in foreign countries;

    • (j) the time and manner in which the recall is to be carried out, including

      • (i) the expected date for the commencement of the recall,

      • (ii) how and when the Minister will be informed of the progress of the recall, and

      • (iii) the date by which the recall is expected to be completed;

    • (k) a description of any other measure that the holder is taking, or intends to take, in respect of the recall; and

    • (l) contact information for a representative who will be responsible for the recall.

  • Marginal note:Risk evaluation

    (3) The holder must, within 72 hours after providing the Minister with the document referred to in subsection (1) or (2), provide the Minister with a document that contains an evaluation of the risk associated with the problem or potential problem that underlies the recall.

  • Marginal note:Report

    (4) The holder must, within 30 days after the day on which the recall is completed, provide the Minister with a written report that sets out the results of the recall and the measures taken to prevent a recurrence of the problem.

  • Marginal note:Extension

    (5) Despite subsection (4), the Minister may extend the period for providing the report — to a maximum of 90 days after the day on which the recall is completed — if, for reasons beyond the holder’s control, it is not feasible to provide it within the 30-day period.

  • Marginal note:Retention periods

    (6) The holder must retain

    • (a) a copy of the documents that they provide to the Minister under subsections (1) and (3) for at least two years after the day on which their last sale or distribution of any cannabis product that is the subject of the recall takes place;

    • (b) a copy of the documents that they provide to the Minister under subsections (2) and (3) for at least two years after the day on which their last export of any of the cannabis that is the subject of the recall takes place; and

    • (c) a copy of the report that they provide to the Minister under subsection (4) for at least two years after the day on which the recall is completed.

 
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