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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 14Access to Cannabis for Medical Purposes (continued)

DIVISION 1Holders of Licence for Sale (continued)

Registration of Clients (continued)

Marginal note:Health care practitioner’s consent

  •  (1) If an application referred to in section 279 includes, as a shipping address, the address of the health care practitioner who provided the applicant with the medical document, the application must include a statement, signed and dated by the health care practitioner, consenting to receive cannabis products, other than cannabis plants and cannabis plant seeds, on the applicant’s behalf.

  • Marginal note:Withdrawal of consent

    (2) If the applicant becomes a client of a holder of a licence for sale under this Division and the health care practitioner ceases to consent to receive cannabis products on the behalf of the client, the health care practitioner must send a written notice to that effect to the client and the holder.

Marginal note:Verification of medical document

  •  (1) A holder of a licence for sale that intends to register an applicant whose application is based on a medical document must

    • (a) verify that the medical document meets the requirements set out in subsections 273(1) to (3);

    • (b) verify that, at the time the medical document was provided to the applicant, the individual who provided the document was a health care practitioner who was entitled to practise their profession in the province in which the applicant consulted with them; and

    • (c) verify with the office of the individual referred to in paragraph (b) that the applicant consulted the individual and that the information set out in the medical document is correct and complete.

  • Marginal note:Exception

    (2) The holder is not required to do the verification referred to in paragraph (1)(c) if the signature of the health care practitioner who provided the medical document is known to the holder.

  • Marginal note:Uncertainty — previous registration

    (3) The holder must, if it appears that the applicant was previously registered on the basis of the medical document but the information referred to in subsection 288(1) does not appear on the medical document,

    • (a) take reasonable steps to determine whether the applicant was previously registered on the basis of the medical document; and

    • (b) in the case where they determine that the applicant was previously registered on the basis of the medical document,

      • (i) take reasonable steps to determine the date on which the applicant was first registered on that basis; and

      • (ii) if they determine the date referred to in subparagraph (i), ensure that it appears on the medical document in accordance with subsection 288(1).

  • Marginal note:Date illegible or incomplete

    (4) The holder must, if a date of registration appears on the medical document but the date is illegible, incomplete or there is reason to doubt that it is accurate,

    • (a) take reasonable steps to determine the date on which the applicant was first registered on the basis of the medical document; and

    • (b) if they determine the date referred to in paragraph (a), ensure that it appears on the medical document in accordance with subsection 288(1) unless there are reasonable grounds to believe that the date that already appears on the medical document has been falsified.

  • Marginal note:Unknown date

    (5) If the holder is, after taking the steps referred to in subparagraph (3)(b)(i) or paragraph (4)(a), unable to determine the date on which the applicant was first registered on the basis of the medical document, they must, if they proceed to register the applicant, indicate on the medical document the information referred to subsection 288(1) in accordance with the requirements set out in that subsection.

Marginal note:Registration of client

  •  (1) A holder of a licence for sale may, subject to section 284, register an applicant as a client.

  • Marginal note:Registration document and other information

    (2) A holder that registers an applicant as a client must provide them with

    • (a) a registration document that contains the following information:

      • (i) the name of the holder,

      • (ii) the client’s given name, surname and date of birth,

      • (iii) the given name and surname of the health care practitioner who provided the client’s medical document,

      • (iv) the given name, surname and date of birth of any adults named in the application under paragraph 279(2)(f) or in the registration certificate under paragraph 313(2)(c), as the case may be,

      • (v) an indication of whether the registration is based on a medical document or a registration certificate,

      • (vi) the daily quantity of dried cannabis, expressed in grams, indicated in the medical document or registration certificate,

      • (vii) in the case of a registration that is based on a medical document, the shipping address indicated in the application under paragraph 279(2)(e),

      • (viii) in the case of a registration that is based on a registration certificate, the shipping address or addresses indicated in the application under paragraph 279(3)(c) or (d), or both, as applicable, and

      • (ix) the date of expiry of the registration;

    • (b) information that will permit them to use a unique identifier for the purpose of ordering cannabis; and

    • (c) the current version of the document entitled Consumer Information — Cannabis, published by the Government of Canada on its website.

Marginal note:Expiry of registration

 A client’s registration with a holder of a licence for sale expires

  • (a) if it is based on a medical document, at the end of the period of validity of the document, as determined in accordance with subsection 273(4); or

  • (b) if it is based on a registration certificate, when the registration with the Minister expires.

Marginal note:Refusal to register

  •  (1) A holder of a licence for sale must refuse to register an applicant as a client if

    • (a) the application does not meet the requirements set out in section 279 or, if applicable, subsection 280(1);

    • (b) the holder has reasonable grounds to believe that false or misleading information has, or false or falsified documents have, been provided in, or in support of, the application;

    • (c) the requirements set out in subsection 281(1) have not been met;

    • (d) the medical document that forms the basis for the application is no longer valid;

    • (e) the registration with the Minister that forms the basis for the application has expired or been revoked;

    • (f) the given name, surname or date of birth of the applicant is different from the given name, surname or date of birth that appears on the medical document or the copy of the registration certificate that has been submitted; or

    • (g) the health care practitioner who provided the medical document to the applicant notifies the holder in writing that the use of cannabis by the applicant is no longer supported for clinical reasons.

  • Marginal note:Verification requirement

    (2) The holder must not refuse to register an applicant on the basis that there are reasonable grounds to believe that the medical document is false or falsified unless the holder has contacted the office of the health care practitioner whose name appears in the medical document to ask about the matters referred to in paragraph 281(1)(c).

  • Marginal note:Notice of intention to refuse

    (3) If the holder proposes to refuse an applicant for a reason referred to in subsection (1) or a business reason, the holder must, without delay, send the applicant a written notice that sets out the reason for the proposed refusal.

  • Marginal note:Opportunity to be heard

    (4) If the holder sends a notice under subsection (3), they must not refuse to register the applicant unless the applicant has had 10 days after the day on which the applicant receives the notice to provide reasons why the refusal is unfounded.

  • Marginal note:Notice of refusal to register

    (5) If the holder is provided with reasons under subsection (4), they must, if they refuse to register the applicant, send the applicant a written notice of the refusal.

  • Marginal note:Return of medical document

    (6) If the holder refuses to register an applicant whose application is based on a medical document, the holder must, without delay, return the medical document unless

    • (a) it is clear that the document is false or falsified; or

    • (b) the registration is refused for a reason referred to in paragraph (1)(d) or (g).

  • Marginal note:Notice to Minister

    (7) If the holder refuses to register an applicant whose application is based on a registration certificate, the holder must, as soon as feasible, provide the Minister with a notice that includes the following information:

    • (a) the given name, surname and date of birth of the registered person named in the certificate;

    • (b) the registration number indicated in the certificate;

    • (c) the date of the refusal; and

    • (d) the reasons for the refusal.

 
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