Cannabis Regulations (SOR/2018-144)

Marginal note:Possession — hospital employees

349 A hospital employee is authorized to possess cannabis products, other than cannabis plants or cannabis plant seeds, if

• (a) the cannabis products have been obtained in accordance with section 348 or 350; and

• (b) the employee requires the cannabis products for the purposes of, and in connection with, their employment.

Marginal note:Return and replacement

• 350 (1) An individual to whom cannabis products are distributed or sold under paragraph 348(2)(b) may return them to a hospital employee who is authorized to distribute or sell cannabis products if the employee accepts the return.

• Marginal note:Return of more than 30 g

  (2) The individual returning the cannabis products must comply with the requirements set out in subsection 292(4) if they are returning more than the equivalent of 30 g of dried cannabis and are sending the cannabis products or having them delivered to the hospital.

• Marginal note:Replacement of cannabis products

  (3) The individual in charge of the hospital may, subject to the limit referred to in paragraph 348(3)(a), permit cannabis products that have been returned to be replaced.

Marginal note:Retention of documents

• 351 (1) An individual who is in charge of a hospital must ensure that documents that contain the following information are retained:

  • (a) in respect of cannabis products that are received at the hospital,

    • (i) the class of cannabis set out in Schedule 4 to the Act to which the cannabis products belong and their brand names,

    • (ii) the quantity of cannabis that is received,

    • (iii) the name and address of the person from which the cannabis products are received, and

    • (iv) the date on which the cannabis products are received;

  • (b) in respect of cannabis products that are distributed or sold for a patient,

    • (i) the given name and surname of the patient,

    • (ii) the given name, surname and profession of the health care practitioner who signed the relevant medical document or written order, together with the date on which it was signed,

    • (iii) the daily quantity of dried cannabis that is specified in the medical document or written order referred to in subparagraph (ii) and, if applicable, the period of use that is specified,

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

    • (v) the quantity of cannabis that is distributed or sold, and

    • (vi) the date on which the cannabis products are distributed or sold; and

  • (c) in respect of cannabis products that are distributed or sold to a person that is authorized to sell or distribute such products — other than an adult referred to in paragraph 266(1)(d) or (e) — or that are returned under subsection 348(7),

    • (i) the name of the person to which the cannabis products are distributed, sold or returned,

    • (ii) the date on which the cannabis products are distributed, sold or returned,

    • (iii) the quantity of cannabis that is distributed, sold or returned,

    • (iv) the brand names of the cannabis products, and

    • (v) in the case of cannabis products that are distributed, sold or returned under subsection 348(7), the address of the person to which they are distributed, sold or returned.

• Marginal note:Retention period

  (2) The individual in charge of the hospital must ensure that the documents are retained for at least two years after the day on which they are prepared.

Marginal note:Cessation of operations — hospital

352 If a hospital ceases operations, the individual who was in charge of the hospital must, in respect of any document that they were required to retain under this Part and for which the retention period has not yet ended,

• (a) ensure that the document continues to be retained until the end of the retention period; and

• (b) notify the Minister, in writing, of the address of the place of business at which the document is retained and of any subsequent change to the address.

Nurses

Marginal note:Disclosure to nursing statutory body

• 353 (1) The Minister must disclose, in writing, factual information about a nurse — in relation to cannabis — that has been obtained under the Act or the Controlled Drugs and Substances Act to

  • (a) the nursing statutory body for a province in which the nurse is, or was, entitled to practise if

    • (i) the nursing statutory body submits to the Minister a written request that sets out the nurse’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 body,

    • (ii) the Minister has reasonable grounds to believe that the nurse has contravened, in relation to cannabis, a rule of conduct established by the nursing statutory body,

    • (iii) the Minister becomes aware that the nurse has been convicted of

      • (A) a designated offence,

      • (B) a controlled substance offence in relation to cannabis,

      • (C) a contravention of the former Access to Cannabis for Medical Purposes Regulations or the former Marihuana for Medical Purposes Regulations, or

      • (D) a contravention of the Narcotic Control Regulations in relation to cannabis, or

    • (iv) the Minister has reasonable grounds to believe that the nurse has contravened this Part, the former Access to Cannabis for Medical Purposes Regulations, the former Marihuana for Medical Purposes Regulationsor — in relation to cannabis — the Narcotic Control Regulations; and

  • (b) the nursing statutory body for a province in which the nurse is not entitled to practise if the nursing statutory body submits to the Minister

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

    • (ii) a document that shows that

      • (A) the nurse has applied to the nursing statutory body to practise in that province, or

      • (B) the nursing statutory body has reasonable grounds to believe that the nurse is practising in that province without being authorized to do so.

• Marginal note:Definitions

  (2) The following definitions apply in this section.

  nurse

  nurse means an individual — other than a nurse practitioner — who is authorized by a nursing statutory body to practise nursing. (infirmier)

  nursing statutory body

  nursing statutory body means the authority that is responsible for authorizing individuals to practise nursing in a province. (organisme régissant la profession d’infirmier)

PART 15Transitional Provisions

Marginal note:Licences — former Access to Cannabis for Medical Purposes Regulations

354 A licence issued under the former Access to Cannabis for Medical Purposes Regulations, as set out in column 1 of the table to this section, is deemed to be a licence of the class set out in column 2, and one of the licences of the subclass set out in column 3 if the holder of the licence meets the requirements, if any, in that column for that subclass.

Marginal note:Licences — Narcotic Control Regulations

• 355 (1) A licence issued under the Narcotic Control Regulations as they read immediately before the day on which these Regulations come into force, as set out in column 1 of the table to this section, is deemed to be a licence of the class set out in column 2 and, if applicable, one of the licences of the subclass set out in column 3 if the holder of the licence meets the requirements in that column and, despite subsections 159(1) and (4) of the Act, continues in force until December 31, 2019, unless it is revoked before that date.

• Marginal note:Licences not set out in table

  (2) A licence issued under section 9.2 of the Narcotic Control Regulations, as they read immediately before the day on which these Regulations come into force, that is not set out in column 1 of the table to this section is deemed to be a licence for processing.

• Marginal note:Sale

  (3) The holder of a licence referred to in subsection (2) is not authorized to sell cannabis to any person unless they are authorized to do so as a condition of their licence.

  	Column 1	Column 2	Column 3
  Item	Licence issued under the Narcotic Control Regulations as they read immediately before the day on which these Regulations come into force	Class of licence	Subclass of licence and requirements
  1	Licence issued under section 9.2 authorizing the cultivation of marihuana for scientific purposes	Licence for research
  2	Licence issued under section 9.2 authorizing the obtaining of extracts from samples of cannabis for the analysis of cannabinoids	Licence for analytical testing
  3	Licence issued under section 9.2 authorizing the production, making or assembly of a test kit containing cannabis	Licence for processing	Licence for standard processing if the requirements in Division 1 of Part 4 are met
  			Licence for micro-processing if the requirements in sections 21 and 74 are met
  4	Licence issued under section 9.2 authorizing the production of cannabis for the purpose of conducting testing to determine its chemical characterization	Licence for processing	Licence for standard processing if the requirements in Division 1 of Part 4 are met
  			Licence for micro-processing if the requirements in sections 21 and 74 are met
  5	Licence issued under section 9.2 authorizing the possession, sale or distribution of a drug containing cannabis	Cannabis drug licence
  6	Licence issued under section 67 authorizing the cultivation, gathering or production of cannabis for scientific purposes	Licence for research

Marginal note:Non-application — sections 12, 15, 23 and 38

• 356 (1) For a three-month period that begins on the day on which these Regulations come into force, sections 12, 15, 23 and 38 do not apply to a holder of a licence set out in column 3 of the table to section 354 or in items 1 to 4 and 6, column 2, of the table to section 355.

• Marginal note:Name of individuals to Minister

  (2) The holder of the licence must, within that period, provide the Minister with the names of the individuals who will be designated for the positions referred to in section 12, 15, 23 or 38, as the case may be.

Marginal note:Quality assurance person

357 Every quality assurance person designated under paragraph 75(1)(a) of the former Access to Cannabis for Medical Purposes Regulations by the holder of a licence set out in column 1 of the table to section 354 is deemed to be a quality assurance person under subsection 19(1).

Marginal note:Senior person in charge

358 Every senior person in charge designated under paragraph 32(1)(a) of the former Access to Cannabis for Medical Purposes Regulations by the holder of a licence set out in column 1 of the table to section 354 is deemed to be a responsible person under subsection 37(1).

Marginal note:Security clearance

• 359 (1) A holder of a licence set out in column 3 of the table to section 354 or in column 2 of the table to section 355 must, within three months after the day on which these Regulations come into force,

  • (a) provide the Minister with the name and position of any individual who does not hold a security clearance, but is required to do so under section 50; and

  • (b) ensure that any individual referred to in paragraph (a) submits an application for a security clearance.

• Marginal note:Non-application — section 50

  (2) An individual referred to in paragraph (1)(a) who is not ineligible to apply for a security clearance by virtue of section 61 is not required to comply with section 50 until the occurrence of one of the following events:

  • (a) the three-month period that begins on the day on which these Regulations come into force expires without the individual having submitted an application for a security clearance;

  • (b) the Minister grants a security clearance to the individual;

  • (c) the individual is notified under subsection 55(2) that the Minister has refused to grant the security clearance; or

  • (d) the individual withdraws their application for the security clearance before the Minister makes a decision in respect of it.