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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 2Licensing (continued)

Cultivation Licences (continued)

Licence for Nursery (continued)

Marginal note:Master grower

  •  (1) A holder of a licence for a nursery must retain the services of one individual as a master grower.

  • Marginal note:Responsibilities and knowledge

    (2) The master grower is responsible for the cultivation, propagation and harvesting of cannabis and must have sufficient knowledge of the provisions of the Act and these Regulations in relation to those activities.

  • Marginal note:Alternate

    (3) A holder of a licence for a nursery may designate one individual as the alternate master grower who is qualified to replace the master grower.

Marginal note:Obtaining cannabis plant seeds

  •  (1) A holder of a licence for a nursery that cultivates cannabis for the purpose of obtaining cannabis plant seeds must

    • (a) clearly delineate a total surface area that does not exceed 50 m2 in which all the budding or flowering cannabis plants, including all the parts of those plants, must be contained;

    • (b) not possess more than 5 kg of flowering heads harvested from the plants referred to in paragraph (a), with the exception of the cannabis plant seeds; and

    • (c) destroy the flowering heads — with the exception of the cannabis plant seeds — leaves and branches of the plants referred to in paragraph (a) within 30 days of harvesting them.

  • Marginal note:Surface area — calculation

    (2) If the surface area referred to in paragraph (1)(a) consists of multiple surfaces, such as surfaces arranged above one another, the area of each surface must be included in the calculation of the total surface area.

Processing Licences

Marginal note:Authorized activities — licence for standard processing

  •  (1) Subject to the other provisions of these Regulations, a holder of a licence for standard processing is authorized to conduct those of the following activities that are authorized by the licence:

    • (a) to possess cannabis;

    • (b) to produce cannabis, other than obtain it by cultivating, propagating or harvesting it; and

    • (c) to sell cannabis.

  • Marginal note:Authorized activities — licence for micro-processing

    (2) Subject to the other provisions of these Regulations, a holder of a licence for micro-processing is authorized to conduct those of the following activities that are authorized by the licence:

    • (a) to possess cannabis;

    • (b) to produce cannabis, other than obtain it by

      • (i) synthesis, or

      • (ii) cultivating, propagating or harvesting it; and

    • (c) to sell cannabis.

  • Marginal note:Offer

    (3) A holder of a licence for micro-processing or standard processing that is authorized to conduct the activity referred to in paragraph (1)(b) or (2)(b) is also authorized to offer to obtain cannabis by any method authorized by the licence.

  • Marginal note:Use of organic solvent

    (4) A holder of a licence for micro-processing or standard processing that is authorized to conduct the activity referred to in paragraph 1(b) or (2)(b) is also authorized to alter or offer to alter the chemical or physical properties of cannabis by the use of an organic solvent when conducting that activity.

  • Marginal note:Sale

    (5) A holder of a licence for micro-processing or standard processing whose licence authorizes the sale of cannabis is authorized to conduct the following activities:

    • (a) to sell and distribute cannabis to any of the following:

      • (i) a holder of a licence for processing,

      • (ii) a holder of a licence for analytical testing,

      • (iii) a holder of a licence for research,

      • (iv) a holder of a cannabis drug licence,

      • (v) the Minister,

      • (vi) a person to which an exemption has been granted under section 140 of the Act in relation to the cannabis or a class of cannabis that is sold or distributed, or

      • (vii) the individuals referred to in section 4;

    • (b) to sell and distribute the following cannabis to a holder of a licence for micro-cultivation or standard cultivation:

      • (i) dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, or

      • (ii) any cannabis that was obtained or produced for the purpose of conducting testing that is necessary to determine the chemical characterization of cannabis;

    • (c) to sell and distribute the following cannabis to a holder of a licence for a nursery:

      • (i) cannabis plants and cannabis plant seeds, or

      • (ii) cannabis that was obtained or produced for the purpose of conducting testing that is necessary to determine the chemical characterization of cannabis;

    • (d) to sell and distribute cannabis products to the following:

      • (i) a holder of a licence for sale, or

      • (ii) a person authorized to sell cannabis under a provincial Act by reason of subsection 69(1) of the Act; and

    • (e) to send and deliver cannabis products to the purchaser of the products at the request of

      • (i) a person authorized to sell cannabis under a provincial Act by reason of subsection 69(1) of the Act, or

      • (ii) a holder of a licence for sale.

  • Marginal note:Client’s shipping address

    (6) If a holder of a licence for micro-processing or standard processing sends or delivers cannabis products under subparagraph (5)(e)(ii) the sale of such products under section 289, the holder must send or deliver the products to the client’s shipping address as indicated by the holder of a licence for sale for medical purposes.

Marginal note:Consumer information document

  •  (1) A holder of a licence for processing must ensure that each shipment of a cannabis product, other than cannabis plants and cannabis plant seeds, is accompanied by copies of the current version of the document entitled Consumer Information — Cannabis, published by the Government of Canada on its website, in a number that is equal to or greater than the number of cannabis products in the shipment in the following cases:

    • (a) the sale and distribution of cannabis products to a person authorized to sell cannabis under a provincial Act by reason of subsection 69(1) of the Act; and

    • (b) the sending or delivering of cannabis products under paragraph 17(5)(e).

  • Marginal note:Exception

    (2) Subsection (1) does not apply if the holder sells or distributes the product to a person referred to in paragraph (1)(a) and that person has notified the holder in writing, that they will obtain the copies through other means and provide it to consumers with their purchase of the product.

  • Marginal note:No modification

    (3) The copies must be identical to the document referred to in subsection (1).

Marginal note:Quality assurance person

  •  (1) A holder of a licence for processing must retain the services of one individual as a quality assurance person who has the training, experience and technical knowledge related to the requirements of Part 5.

  • Marginal note:Responsibilities

    (2) The quality assurance person is responsible for

    • (a) assuring the quality of the cannabis before it is made available for sale; and

    • (b) investigating every complaint received in respect of the quality of the cannabis and, if necessary, taking corrective and preventative measures.

  • Marginal note:Alternate

    (3) A holder of a licence for processing may designate up to two individuals as alternate quality assurance persons who are qualified to replace the quality assurance person.

  • Marginal note:Non-application

    (4) Subsections (1) to (3) do not apply to a holder of a licence for processing that only manufactures or assembles test kits.

 
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