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Cannabis Regulations

Version of section 312 from 2018-06-27 to 2018-10-16:

The following provision is not in force.

Marginal note:Registration application

  •  (1) Before registering an individual under this Division, the Minister must receive an application for registration and the original of the individual’s medical document.

  • Marginal note:Basic information

    (2) The registration application must contain

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

    • (b) unless the applicant intends to produce cannabis for their own medical purposes, either

      • (i) the address of the place in Canada where the applicant ordinarily resides, as well as, if applicable, their telephone number, facsimile number and email address, or

      • (ii) if the applicant ordinarily resides in Canada but does not ordinarily reside at a specific place, the address, as well as, if applicable, the telephone number, facsimile number and email address of a shelter, hostel or similar institution, located in Canada, that provides them with food, lodging or other social services;

    • (c) the mailing address of the place referred to in paragraph (b) if different from the address provided under that paragraph;

    • (d) if the place referred to in subparagraph (b)(i) is an establishment that is not a private residence, the type and name of the establishment;

    • (e) if applicable, the given name, surname and date of birth of one or more adults who are responsible for the applicant, including any adult who is signing the application;

    • (f) an indication that the individual who is signing the application will

      • (i) comply with the possession limit referred to in section 266 that applies to them, and

      • (ii) if they are not the applicant, take reasonable steps to ensure that the applicant will comply with the possession limits that apply to them;

    • (g) an indication of whether

      • (i) the applicant intends to produce cannabis for their own medical purposes,

      • (ii) cannabis is to be produced for the medical purposes of the applicant by a designated person, or

      • (iii) cannabis will not be produced under the registration; and

    • (h) if the applicant intends to produce cannabis for their own medical purposes, or to have it produced by a designated person, an indication that the individual who is signing the application will

      • (i) take reasonable steps to ensure the security of the cannabis in their possession that they are authorized to produce, or that is produced for the medical purposes of the applicant, under this Division, and

      • (ii) if they are not the applicant, ensure that the applicant takes reasonable steps to ensure the security of the cannabis in the applicant’s possession that has been produced under this Division.

  • Marginal note:Production for own medical purposes

    (3) If the applicant intends to produce cannabis for their own medical purposes, the application must also include

    • (a) the address of the place in Canada where they ordinarily reside, as well as, if applicable, their telephone number, facsimile number and email address;

    • (b) if applicable, the information referred to in paragraphs (2)(c) and (d) as it relates to the place referred to in paragraph (a);

    • (c) an indication that, within the 10 years preceding the application, they have not been convicted, as an adult, of an offence referred to in subsection 309(3);

    • (d) an indication that they will comply with the limit on the number of cannabis plants under production, as specified in the registration certificate to be issued under subsection 313(1);

    • (e) the full address of the site where the proposed production of cannabis plants is to be conducted;

    • (f) an indication of whether the proposed production area is

      • (i) entirely indoors,

      • (ii) entirely outdoors, or

      • (iii) partly indoors and partly outdoors; and

    • (g) if there is to be any outdoor production, an indication that the site referred to in paragraph (e) is not adjacent to a school, public playground, daycare facility or other public place frequented mainly by individuals under 18 years of age.

  • Marginal note:Production by designated person

    (4) If cannabis is to be produced by a designated person, the application must include a declaration by the designated person that contains

    • (a) the information referred to in paragraph (2)(a) and subparagraph (2)(b)(i) — and, if applicable, paragraphs (2)(c) and (d) — in respect of that person;

    • (b) the information referred to in paragraphs (3)(e) to (g);

    • (c) an indication that

      • (i) within the 10 years preceding the day on which the declaration is made, they have not been convicted of an offence referred to in paragraph 311(2)(a) or (b) or received a sentence referred to in paragraph 311(2)(c) or (d),

      • (ii) they will take reasonable steps to ensure the security of the cannabis in their possession that they produce under this Division, and

      • (iii) they will comply with the limit on the number of cannabis plants under production, as specified in the document to be provided under subsection 313(3); and

    • (d) a document, issued by a Canadian police force within the 90 days preceding the date on which the application is submitted, establishing that, within the 10 years preceding the date on which the document is issued, the designated person has not been convicted of an offence referred to in paragraph 311(2)(a) or received a sentence referred to in paragraph 311(2)(c).

  • Marginal note:Signature and statement — designated person

    (5) The declaration must be signed and dated by the designated person and must include a statement by them confirming that the information contained in the declaration is correct and complete.

  • Marginal note:Consent of owner

    (6) If the proposed site for the production of cannabis plants is not the ordinary place of residence of, and is not owned by, the applicant or, if applicable, the designated person, the application must include

    • (a) the full name, address and telephone number of the owner of the site; and

    • (b) a declaration, signed and dated by the site’s owner — or, if the owner is a corporation, by an authorized representative of the owner — consenting to the production of cannabis at the site.

  • Marginal note:Applicant without ordinary residence

    (7) If an institution’s address is included in the application in accordance with subparagraph (2)(b)(ii), the application must include a statement that is signed and dated by a manager of the institution confirming that it provides food, lodging or other social services to the applicant.

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