Cannabis Regulations (SOR/2018-144)

Disclosure to Third Parties

Marginal note:Disclosure to police

• 298 (1) A holder of a licence for sale must, if they are provided with an individual’s given name, surname, and date of birth by a member of a Canadian police force who requests information in the course of an investigation under the Act, disclose the following information to the police force as soon as feasible and no later than 72 hours after receiving the request:

  • (a) an indication of whether the individual is a client of the holder or a named responsible adult in respect of such a client;

  • (b) in the case where the individual is an individual referred to in paragraph (a),

    • (i) an indication of whether the client is a registered person and, if so, the classes of cannabis that the client is permitted to obtain by virtue of their registration with the holder, and

    • (ii) the daily quantity of dried cannabis that is specified in the client’s registration document in accordance with subparagraph 282(2)(a)(vi).

• Marginal note:Use of information

  (2) Information provided under this section must be used only for the purposes of the investigation or the administration or enforcement of the Act or these Regulations.

Marginal note:Disclosure to licensing authority

• 299 (1) A holder of a licence for sale must disclose, in writing and as soon as feasible, factual information about a health care practitioner — in relation to cannabis — that they have obtained under the Act or the Controlled Drugs and Substances Act to

  • (a) the provincial professional licensing authority for a province in which the health care practitioner is, or was, entitled to practise if the licensing authority submits to the holder a written request that sets out the health care practitioner’s name and address, a description of the information being requested and a statement that the information is required for the purpose of assisting an investigation by the authority; or

  • (b) the provincial professional licensing authority for a province in which the health care practitioner is not entitled to practise if the licensing authority submits to the holder

    • (i) a written request that sets out the health care practitioner’s name and address and a description of the information being requested, and

    • (ii) a document that shows that

      • (A) the health care practitioner has applied to the licensing authority to practise in that province, or

      • (B) the licensing authority has reasonable grounds to believe that the health care practitioner is practising in that province without being authorized to do so.

• Marginal note:Factual information

  (2) The factual information that may be requested includes information — including patient information — contained in, or in respect of, any medical document that was signed by the health care practitioner.

• Marginal note:Exception

  (3) Despite subsection (2), the factual information that may be requested does not include information relating to an individual who

  • (a) is or was registered as a client of the holder on the basis of a registration with the Minister under Division 2 of this Part; or

  • (b) in the case where the holder was a licensed producer under the former Access to Cannabis for Medical Purposes Regulations, was registered as a client of the licensed producer under section 133 of those Regulations on the basis of a registration with the Minister under Part 2 of those Regulations.

• Marginal note:Secure transmission

  (4) The holder must ensure that the information that they disclose under this section is securely transmitted in an electronic format that is accessible to the provincial professional licensing authority.

• Marginal note:Definition of health care practitioner

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

Marginal note:Quarterly reports

• 300 (1) A provincial professional licensing authority may submit a written request to a holder of a licence for sale to obtain information, on a quarterly basis, in respect of each client who is registered with the holder on the basis of a medical document that was signed by a health care practitioner who

  • (a) was, at the time that they signed the medical document, entitled to practise the profession regulated by the licensing authority in the province in question; and

  • (b) was consulted in that province.

• Marginal note:Report

  (2) A holder that has received a request referred to in subsection (1) must, after the end of each quarter and in accordance with subsection (3), provide the provincial professional licensing authority with a report containing the following information in respect of each client referred to in subsection (1) who was validly registered at any time during the relevant quarter, together with details of any changes to the information that occurred during the quarter:

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

  • (b) the postal code for the address that was provided under paragraph 279(2)(b), together with the province specified in the address;

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

  • (d) the daily quantity of dried cannabis specified in the medical document;

  • (e) the period of use specified in the medical document;

  • (f) the date on which the medical document was signed by the health care practitioner; and

  • (g) for each shipment of cannabis products that was sent or delivered during the quarter,

    • (i) the date it was sent or delivered,

    • (ii) the quantity of cannabis that was sent or delivered, expressed in grams, and

    • (iii) the class of cannabis set out in Schedule 4 to the Act to which the cannabis products belong.

• Marginal note:Quarterly deadlines

  (3) The report must be provided to the provincial professional licensing authority no later than

  • (a) April 30 of a given year for the quarter beginning on January 1 and ending on March 31 of that year;

  • (b) July 31 of a given year for the quarter beginning on April 1 and ending on June 30 of that year;

  • (c) October 31 of a given year for the quarter beginning on July 1 and ending on September 30 of that year; and

  • (d) January 31 of a given year for the quarter beginning on October 1 and ending on December 31 of the previous year.

• Marginal note:First report

  (4) For greater certainty, the first quarter in respect of which a report must be provided is the quarter in which the request is received from the provincial professional licensing authority.

• Marginal note:Notice

  (5) If the holder has no information to include in a report for a quarter, they must send a notice to that effect to the provincial professional licensing authority by the relevant deadline referred to in subsection (3).

• Marginal note:Cessation of activities

  (6) If the holder ceases to conduct activities, they must, despite subsection (3), provide the provincial professional licensing authority with the report for the quarter in which the activities cease within 30 days after ceasing them.

• Marginal note:Cancellation

  (7) The provincial professional licensing authority may, at any time, send the holder a notice cancelling the request referred to in subsection (1), in which case the final quarter in respect of which a report must be provided is the one that precedes the quarter in which the notice is received.

• Marginal note:Transmission and format

  (8) A holder, or former holder, that provides a report to a provincial professional licensing authority under this section must transmit it securely in an electronic format that is accessible to the licensing authority.

Retention of Documents

Marginal note:Verifications

• 301 (1) A holder of a licence for sale must, each time that they do verifications under subsection 281(1), retain a document that contains details of the verifications and of any measures taken under subsections 281(3) to (5).

• Marginal note:Retention period

  (2) The document must be retained for at least two years after the day on which it is prepared.

Marginal note:Documents relating to registration

• 302 (1) A holder of a licence for sale must retain

  • (a) each registration application that they receive under subsection 279(1), together with

    • (i) in the case of an application that is based on a medical document, the original of the medical document or, in the case where the medical document has been returned under subsection 284(6) or 286(6) or transferred under subsection 287(1), a copy of it that includes, if applicable, the information referred to in section 288, and

    • (ii) in the case of an application that is based on a registration certificate, the copy of the certificate;

  • (b) a copy of each registration document that they provide under paragraph 282(2)(a) and of each updated registration document that they provide under subsection 285(4);

  • (c) each amendment application referred to in section 285 that they receive;

  • (d) a copy of each notice that they send or provide under subsection 284(3), (5) or (7), 286(3), (5) or (7), 290(3) or 291(3);

  • (e) each notice referred to in paragraph 291(1)(a) or (b) that they receive; and

  • (f) each notification referred to in paragraph 284(1)(g) or 286(1)(e) that they receive.

• Marginal note:Retention periods

  (2) The documents referred to in subsection (1) must be retained

  • (a) in the case of documents referred to in paragraphs (1)(a), (c), (e) and (f), for at least two years after the day on which they are received; and

  • (b) in the case of the copies referred to in paragraphs (1)(b) and (d), for at least two years after the day on which the registration document or notice was provided or sent.

Marginal note:Steps — young persons

303 A holder of a licence for sale must maintain documentation as to the steps that they take to satisfy the conditions set out in sections 294 to 296 and retain each version of the documentation for at least two years after the day on which it is replaced by a new version or, if it has not been replaced, for at least two years after the day on which the licence expires or is revoked.

Marginal note:Purchase orders

• 304 (1) A holder of a licence for sale must retain, in respect of each purchase order referred to in section 289 that they fill or cause to be filled, a document that contains the following information:

  • (a) the given name, surname and date of birth of the client;

  • (b) the given name and surname of the individual who placed the purchase order;

  • (c) the date on which the purchase order was placed;

  • (d) the names they have assigned to the cannabis products that are sent or delivered and the brand names;

  • (e) the quantity of cannabis that is sent or delivered;

  • (f) the date on which the cannabis products are sent or delivered; and

  • (g) the address to which the cannabis products are sent or delivered.

• Marginal note:Retention period

  (2) The holder must retain the document — together with the relevant written purchase order or, in the case of a verbal purchase order, the record referred to in subsection 289(3) — for at least two years after the day on which the document is prepared.

Marginal note:Communications with licensing authorities

• 305 (1) A holder of a licence for sale must retain

  • (a) a copy of each notice that they provide to a provincial professional licensing authority under section 277, together with the copy that they provide to the Minister under that section;

  • (b) in respect of each request that they receive from a provincial professional licensing authority under subsection 299(1),

    • (i) a copy of the request, together with any supporting documentation received,

    • (ii) a written record of the date on which the request and any documentation are received,

    • (iii) a copy of the information that they disclose in response to the request,

    • (iv) a written record of the date on which the information is disclosed, and

    • (v) a written record of the steps that are taken to ensure that the information is securely transmitted to the authority;

  • (c) a copy of each request or notice referred to in section 300 that they receive from a provincial professional licensing authority, together with a written record of the date on which it is received;

  • (d) a copy of each report that they provide to a provincial professional licensing authority under section 300, together with a written record of the date on which it is provided and the steps that are taken to ensure that it is securely transmitted; and

  • (e) a copy of any notice that they send to a provincial professional licensing authority under subsection 300(5).

• Marginal note:Retention periods

  (2) The documents referred to in subsection (1) must be retained for at least two years after

  • (a) in the case of the documents referred to in paragraph (1)(a), the day on which the notice is provided to the licensing authority;

  • (b) in the case of the documents referred to in paragraph (1)(b), the day on which the information is disclosed to the licensing authority;

  • (c) in the case of documents referred to in paragraph (1)(c), the day on which the request or notice is received from the licensing authority;

  • (d) in the case of documents referred to in paragraph (1)(d), the day by which the holder is required to provide the report to the licensing authority; and

  • (e) in the case of a notice referred to in paragraph (1)(e), the end of the quarter to which the notice relates.

DIVISION 2Registration with Minister

Interpretation

Marginal note:Adjacent land

306 For the purposes of paragraphs 312(3)(g) and 326(1)(b), a parcel of land is considered to be adjacent to another parcel of land if its boundary has at least one point in common with the boundary of the other parcel of land.

General Provisions

Marginal note:Signature and statement

• 307 (1) An application that is submitted under this Division must be signed and dated by the individual who is submitting it and must include a statement by the individual confirming that the information included in the application is correct and complete.

• Marginal note:Responsible adult

  (2) If the application is signed by an adult who is responsible for the applicant, it must include a statement by the adult confirming that they are responsible for the applicant.

Marginal note:Additional information

308 The Minister may, on receiving an application under this Division, require the submission of any additional information that pertains to the information contained in the application and that is necessary for the Minister to consider the application.

SUBDIVISION ARegistration, Renewal, Amendment and Revocation

Marginal note:Eligibility – registered person

• 309 (1) An individual is eligible to be a registered person only if they ordinarily reside in Canada.

• Marginal note:Eligibility – production for own medical purposes

  (2) An individual is eligible to produce cannabis for their own medical purposes as a registered person only if they are an adult.

• Marginal note:Prior offences

  (3) An individual is not eligible to produce cannabis for their own medical purposes as a registered person if, within the preceding 10 years, they have been convicted, as an adult, of

  • (a) a sale, distribution or export offence that was committed while they were authorized to produce cannabis under this Division;

  • (b) a designated cannabis offence that was committed while they were authorized under the Controlled Drugs and Substances Act — other than under the former Marihuana Medical Access Regulations — to produce a substance that was referred to in item 1 of Schedule II to that Act, as that item read immediately before the coming into force of subsection 204(1) of the Act;

  • (c) a designated marihuana offence that was committed while they were authorized to produce marihuana

    • (i) under the Controlled Drugs and Substances Act, other than under the former Access to Cannabis for Medical Purposes Regulations, or

    • (ii) by virtue of an injunction order issued by a court; or

  • (d) an offence committed outside Canada that, if committed in Canada, would have constituted an offence referred to in any of paragraphs (a) to (c).

• Marginal note:Definitions

  (4) The following definitions apply in this section.

  designated cannabis offence

  designated cannabis offence means

  • (a) an offence — in relation to a substance that was referred to in item 1 of Schedule II to the Controlled Drugs and Substances Act, as that item read immediately before the coming into force of subsection 204(1) of the Act — under section 5 of the Controlled Drugs and Substances Act, or under section 6 of that Act except with respect to importation; or

  • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a). (infraction désignée relativement au chanvre indien)

  designated marihuana offence

  designated marihuana offence means

  • (a) an offence, in relation to marihuana, under section 5 of the Controlled Drugs and Substances Act, or under section 6 of that Act except with respect to importation; or

  • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a). (infraction désignée relativement à la marihuana)

  former Marihuana Medical Access Regulations

  former Marihuana Medical Access Regulations means the regulations made by Order in Council P.C. 2001-1146 of June 14, 2001 and registered as SOR/2001-227. (ancien Règlement sur l’accès à la marihuana à des fins médicales)

  marihuana

  marihuana means the substance referred to as “Cannabis (marihuana)” in subitem 1(2) of Schedule II to the Controlled Drugs and Substances Act, as that subitem read immediately before the coming into force of subsection 204(1) of the Act. (marihuana)

  sale, distribution or export offence

  sale, distribution or export offence means

  • (a) an offence under subsection 9(1) or (2), 10(1) or (2) or 11(1) or (2) of the Act, with the exception of an offence under subsection 11(1) with respect to importation;

  • (b) an offence under subsection 14(1) of the Act in respect of the commission of an offence referred to in paragraph (a); or

  • (c) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a) or (b). (infraction relative à la vente, à la distribution ou à l’exportation)