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Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2021-11-17 and last amended on 2020-10-17. Previous Versions

PART 14Access to Cannabis for Medical Purposes (continued)

DIVISION 2Registration with Minister (continued)

SUBDIVISION ARegistration, Renewal, Amendment and Revocation (continued)

Marginal note:Revocation of registration

  •  (1) The Minister must revoke a registration if

    • (a) the registered person is not eligible under section 309;

    • (b) the designated person is not eligible under section 311;

    • (c) the registration was issued, amended or renewed on the basis of false or misleading information or false or falsified documents;

    • (d) the health care practitioner who provided the medical document that forms the basis for the registration notifies the Minister in writing that the use of cannabis by the registered person is no longer supported for clinical reasons;

    • (e) the registered person — or an adult who is named in the registration certificate under paragraph 313(2)(c) — requests, in writing, that the registration be revoked; or

    • (f) the registered person dies.

  • Marginal note:Revocation of excess registrations

    (2) If a site for the production of cannabis plants is authorized under more than four registrations, the Minister must revoke the excess registrations.

  • Marginal note:Power to revoke

    (3) The Minister may revoke a registration if, in the case where the registered person or designated person is authorized to produce cannabis, the Minister has reasonable grounds to believe that the revocation is necessary to protect public health or public safety, including to prevent cannabis from being diverted to an illicit market or activity.

  • Marginal note:Conditions of revocation

    (4) Before revoking a registration, the Minister must

    • (a) in the case where it is to be revoked for a reason set out in any of paragraphs (1)(a) to (d) or subsection (2) or (3),

      • (i) send the registered person a written notice that sets out the reason for the proposed revocation, and

      • (ii) give them an opportunity to be heard; and

    • (b) if applicable, send the designated person a written notice of the proposed revocation.

  • Marginal note:Effect of revocation

    (5) For greater certainty, if a registration is revoked, the activities that were previously authorized under Subdivision B by virtue of the registration cease to be authorized.

Marginal note:Notice of revocation

  •  (1) If a registration is revoked and the Minister is aware that the registration has formed the basis for a registration with a holder of a licence for sale under Division 1 of this Part, the Minister must provide the holder with a notice of revocation that includes the following information:

    • (a) the given name, surname and date of birth of the individual whose registration has been revoked;

    • (b) the registration number of the revoked registration; and

    • (c) the date of the revocation.

  • Marginal note:Requirement to notify

    (2) A holder of a licence for sale that is notified under subsection (1) must, if within the previous 48 hours they have asked a holder of a licence for processing or cultivation to send or deliver cannabis products to, or for, the individual whose registration has been revoked, notify the holder of the licence for processing or cultivation, in writing, without delay.

  • Marginal note:Prohibition

    (3) A holder of a licence for processing or cultivation that is notified under subsection (2) must not send or deliver the cannabis products that they had been asked to send or deliver.

SUBDIVISION BProduction

Marginal note:Definition of production site

  •  (1) In this Subdivision, production site means

    • (a) in respect of a registered person, the site, if any, for the production of cannabis plants that is specified in their registration certificate under paragraph 313(2)(k); and

    • (b) in respect of a designated person, the site for the production of cannabis plants that is specified in the document that the person receives under subsection 313(3).

  • Marginal note:Cumulative quantities

    (2) For greater certainty,

    • (a) the quantities of cannabis that a registered person is authorized to obtain by cultivation, propagation and harvesting, or to send, deliver, transport or possess, by virtue of a registration under this Division are in addition to any other quantities that they are permitted to obtain by cultivation, propagation and harvesting, or to send, deliver, transport or possess, under the Act; and

    • (b) the quantities of cannabis that a designated person is authorized to obtain by cultivation, propagation and harvesting, or to send, deliver, transport, sell or possess, by virtue of a registration under this Division are in addition to any other quantities that they are permitted to obtain by cultivation, propagation and harvesting, or to send, deliver, transport, sell or possess, under the Act.

Marginal note:Production by registered person

  •  (1) A registered person who is registered to produce cannabis for their own medical purposes is, in accordance with the registration and the provisions of this Division, authorized to

    • (a) obtain by cultivation, propagation and harvesting at the production site a quantity of cannabis plants that does not exceed the maximum number of plants that is specified in the registration certificate under paragraph 313(2)(m);

    • (b) if the production site is different from the place where the registered person ordinarily resides,

      • (i) subject to subsection 326(2), transport directly from the place of residence to the production site a total quantity of cannabis plants and cannabis plant seeds that, taking into account the seed-to-plant ratio specified in subsection 290(2), does not exceed the equivalent of the maximum number of plants that is specified in the registration certificate under paragraph 313(2)(m), and

      • (ii) transport cannabis, other than cannabis plants or cannabis plant seeds, directly from the production site to the place of residence; and

    • (c) if the registration has been renewed or amended and, as a result, the location of the production site or the place of residence of the registered person is changed, transport cannabis directly from the former production site or place of residence to the new production site or place of residence within any period that the Minister may specify under subsection 316(2).

  • Marginal note:Possession of cannabis

    (2) A registered person referred to in subsection (1) is authorized to possess the cannabis that they are authorized to obtain by cultivation, propagation and harvesting or to transport under that subsection.

Marginal note:Production by designated person

  •  (1) A designated person is, in accordance with the registration and the provisions of this Division, authorized to

    • (a) obtain by cultivation, propagation and harvesting at the production site a quantity of cannabis plants that does not exceed the maximum number of plants that is specified in the document that the designated person receives under subsection 313(3);

    • (b) if the production site is different from the place where the designated person ordinarily resides,

      • (i) subject to subsection 326(2), transport directly from the place of residence to the production site a total quantity of cannabis plants and cannabis plant seeds that, taking into account the seed-to-plant ratio specified in subsection 290(2), does not exceed the equivalent of the maximum number of plants that is specified in the document that the designated person receives under subsection 313(3), and

      • (ii) transport cannabis, other than cannabis plants or cannabis plant seeds, directly from the production site to the place of residence;

    • (c) send, deliver, transport or sell to the registered person — or an adult who is named in the document that the designated person receives under subsection 313(3) — a quantity of cannabis, other than cannabis plants or cannabis plant seeds, that does not exceed the equivalent of the maximum quantity of dried cannabis that is specified in the document; and

    • (d) if the registration has been renewed or amended and, as a result, the location of the production site or the place of residence of the designated person is changed, transport cannabis directly from the former production site or place of residence to the new production site or place of residence within any period that the Minister may specify under subsection 316(2).

  • Marginal note:Parcel — requirements

    (2) A designated person who sends or has cannabis delivered under paragraph (1)(c) must

    • (a) prepare the parcel in a manner that ensures the security of its contents, such that

      • (i) it will not open or permit the escape of its contents during handling or transportation,

      • (ii) it is sealed so that it cannot be opened without the seal being broken,

      • (iii) it prevents the escape of odours associated with cannabis plant material, and

      • (iv) it prevents the contents from being identified without it being opened; and

    • (b) use a method that ensures the tracking and safekeeping of the parcel during transportation.

  • Marginal note:Possession of cannabis

    (3) A designated person is authorized to

    • (a) possess the cannabis plants and cannabis plant seeds that they are authorized to obtain by cultivation, propagation and harvesting or to transport under paragraph (1)(a), (b) or (d); and

    • (b) possess in a public place the cannabis, other than cannabis plants or cannabis plant seeds, that they are authorized to send, deliver, transport or sell under paragraphs (1)(b) to (d).

Marginal note:Participation by registered person

 If a designated person is specified in a registration certificate, the registered person may, if they are an adult, participate in the activities that the designated person is authorized to conduct under subsection 322(1).

Marginal note:Former designated person

 An individual who ceases to be a designated person may, within seven days after ceasing to be designated, conduct the activities referred to in paragraph 322(1)(c) in accordance with that paragraph unless the registration has expired or has been revoked.

Marginal note:Maximum number of plants

  •  (1) If the production area is entirely indoors, the maximum number of cannabis plants that may be under production at a production site by virtue of a registration is determined by the formula

    [(A × 365) ÷ (B × 3C)] × 1.2

    where

    A
    is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration;
    B
    is 30 g, being the expected yield of dried cannabis per plant; and
    C
    is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting.
  • Marginal note:Outdoor production only

    (2) If the production area is entirely outdoors, the maximum number of cannabis plants that may be under production at a production site by virtue of a registration is determined by the formula

    [(A × 365) ÷ (B × C)] × 1.3

    where

    A
    is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration;
    B
    is 250 g, being the expected yield of dried cannabis per plant; and
    C
    is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting.
  • Marginal note:Indoor and outdoor production

    (3) If the production area is partly indoors and partly outdoors, the maximum number of cannabis plants that may be under production at a production site by virtue of a registration is determined

    • (a) for the indoor production period, by the formula

      [(A × 182.5) ÷ (B × 2C)] × 1.2

      where

      A
      is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration,
      B
      is 30 g, being the expected yield of dried cannabis per plant, and
      C
      is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting; and
    • (b) for the outdoor production period, by the formula

      [(A × 182.5) ÷ (B × C)] × 1.3

      where

      A
      is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration,
      B
      is 250 g, being the expected yield of dried cannabis per plant, and
      C
      is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting.
  • Marginal note:Rounding

    (4) If the maximum number of cannabis plants determined under this section is not a whole number, it is to be rounded to the next highest whole number.

Marginal note:Prohibition — production of plants

  •  (1) An individual who is authorized to produce cannabis plants under this Division must not cultivate, propagate or harvest them

    • (a) indoors and outdoors at the same time; or

    • (b) outdoors if the production site is adjacent to a school, public playground, daycare facility or other public place frequented mainly by young persons.

  • Marginal note:Time limit — transportation of plants

    (2) If the production site of an individual who is authorized to produce cannabis plants under this Division is different from the place where the individual ordinarily resides, the individual must not transport to the production site cannabis plants that were ordered in accordance with section 289 if it has been more than seven days after the individual received the plants at their place of residence.

SUBDIVISION CSecurity Obligations

Marginal note:Security of cannabis and documents

  •  (1) A registered person who is authorized to produce cannabis, or for whom cannabis may be produced by a designated person, under this Division — or, if applicable, any adult who is named in the registration certificate of the registered person — must

    • (a) take reasonable steps to ensure the security of

      • (i) the cannabis in their possession that was produced under this Division, and

      • (ii) the registration certificate, if they possess it;

    • (b) report the theft or loss of anything referred to in paragraph (a) to a police force within 24 hours after becoming aware of the theft or loss; and

    • (c) report the theft or loss of anything referred to in paragraph (a) to the Minister, in writing, within 72 hours after becoming aware of the theft or loss and include confirmation that the requirement set out in paragraph (b) has been complied with.

  • Marginal note:Designated person

    (2) The requirements set out in subsection (1) also apply to a designated person in respect of

    • (a) cannabis in their possession that they produced under this Division; and

    • (b) the document referred to in subsection 313(3).

SUBDIVISION DDisclosure of Information

Marginal note:Disclosure to licensing authorities

  •  (1) At any time after receiving a medical document that forms the basis for an application under this Division, the Minister may disclose, in respect of the health care practitioner who is named in the medical document, the following information to the provincial professional licensing authority for the province identified in the medical document under paragraph 273(1)(b):

    • (a) the given name, surname and business address of the health care practitioner, together with the number assigned by the province to the health care practitioner’s authorization to practise;

    • (b) the daily quantity of dried cannabis that is specified in the medical document; and

    • (c) the name of the province that is specified in the application under paragraph 312(2)(b).

  • Marginal note:Disclosure after registration

    (2) At any time after registering an individual under this Division, the Minister may disclose, in respect of the health care practitioner who is named in the medical document that forms the basis for the registration, the following information to the provincial professional licensing authority for the province identified in the document under paragraph 273(1)(b):

    • (a) the given name, surname and date of birth of the individual who is or was registered with the Minister;

    • (b) the postal code for the address of the place indicated in the medical document as the place where the individual ordinarily resides;

    • (c) the period of use that is specified in the medical document; and

    • (d) the date on which the medical document was signed by the health care practitioner.

  • Marginal note:Definition of health care practitioner

    (3) In this section, health care practitioner means an individual who is, or was, a medical practitioner or nurse practitioner.

 
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