Cannabis Act (S.C. 2018, c. 16)

Marginal note:Authority to issue, renew and amend

• 62 (1) Subject to orders made under subsection 61(1), the regulations and subsection (2), the Minister may, on application, issue, renew or amend licences and permits that authorize the importation, exportation, production, testing, packaging, labelling, sending, delivery, transportation, sale, possession or disposal of cannabis or any class of cannabis.

• Marginal note:Limitation — importation and exportation

  (2) Licences and permits authorizing the importation or exportation of cannabis may be issued only in respect of cannabis for medical or scientific purposes or in respect of industrial hemp.

• Marginal note:Application

  (3) An application for a licence or permit, or for its renewal or amendment, must be filed with the Minister in the form and manner specified by the Minister and set out the information required by the Minister, including financial information and any information required by the regulations.

• Marginal note:Financial information

  (4) For the purposes of subsection (3), financial information in respect of an organization includes information about its shareholders or members and who controls it, directly or indirectly.

• Marginal note:Additional information

  (5) The Minister may, on receiving an application, require the submission of any additional information, including financial information, that pertains to the information contained in the application and that is necessary for the Minister to consider the application.

• Marginal note:Refusal to consider

  (6) The Minister may refuse to consider an application if any information required to be provided under any of subsections (3) to (5) is not provided.

• Marginal note:Grounds for refusal

  (7) The Minister may refuse to issue, renew or amend a licence or permit if

  • (a) the issuance, the renewal or the amendment is likely to create a risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity;

  • (b) there are reasonable grounds to believe that false or misleading information or false or falsified documents were submitted in, or in support of, the application;

  • (c) the applicant has contravened in the past 10 years a provision of this Act, the Controlled Drugs and Substances Act or the Food and Drugs Act or of any regulation made under this Act or any of those Acts;

  • (d) there are reasonable grounds to believe that the applicant has contravened in the past 10 years

    • (i) an order made under this Act, the Controlled Drugs and Substances Act or the Food and Drugs Act, or

    • (ii) a condition of another licence or permit issued to the applicant under this Act or any of those Acts;

  • (e) the applicant is

    • (i) a young person,

    • (ii) an individual who is not ordinarily resident in Canada, or

    • (iii) an organization that was incorporated, formed or otherwise organized outside Canada;

  • (f) a security clearance in respect of the application has been refused or cancelled;

  • (g) the Minister is of the opinion that it is in the public interest to do so; or

  • (h) any prescribed grounds for refusal exist.

• Marginal note:Notice of refusal

  (8) If the Minister refuses to issue, renew or amend a licence or permit, he or she must send the applicant a notice in writing that sets out the reasons for the refusal.

• Marginal note:Conditions — regulations

  (9) Every licence or permit is subject to the conditions set out in regulations made under paragraph 139(1)(g).

• Marginal note:Conditions — Minister

  (10) Subject to the regulations, the Minister may make a licence or permit subject to any conditions that he or she considers appropriate.