Marihuana for Medical Purposes Regulations

Version of section 92 from 2014-03-07 to 2016-08-23:


Marginal note:Minister’s decisions

 The Minister may grant a security clearance if, in the opinion of the Minister, the information provided by the applicant and that resulting from the checks is reliable and is sufficient for the Minister to determine, by taking into account the following factors, that the applicant does not pose an unacceptable risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use:

  • (a) whether the applicant has been found guilty as an adult, in the past 10 years, of

    • (i) a designated drug offence as defined in section 2 of the Narcotic Control Regulations,

    • (ii) a designated criminal offence as defined in that section, or

    • (iii) an offence committed outside Canada that, if committed in Canada, would have constituted an offence referred to in subparagraph (i) or (ii);

  • (b) whether it is known or there are reasonable grounds to suspect that the applicant

    • (i) is or has been involved in, or contributes or has contributed to, illicit activities directed toward or in support of the trafficking or diversion of controlled substances or precursors,

    • (ii) is or has been a member of a criminal organization as defined in subsection 467.1(1) of the Criminal Code, or participates or has participated in, or contributes or has contributed to, the activities of such an organization as referred to in subsection 467.11(1) of the Criminal Code,

    • (iii) is or has been a member of an organization that is known to be involved in or to contribute to — or in respect of which there are reasonable grounds to suspect involvement in or contribution to — activities directed toward or in support of the threat of or the use of acts of violence against persons or property, or is or has been involved in, or is contributing to or has contributed to, the activities of such an organization, or

    • (iv) is or has been associated with an individual who is known to be involved in or to contribute to — or in respect of whom there are reasonable grounds to suspect involvement in or contribution to — activities referred to in subparagraph (i), or is a member of an organization referred to in subparagraph (ii) or (iii);

  • (c) whether there are reasonable grounds to suspect that the applicant is in a position in which there is a risk that they be induced to commit an act or to aid or abet any person to commit an act that might constitute a risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use;

  • (d) whether the applicant has had a security clearance cancelled; and

  • (e) whether the applicant has submitted false or misleading information or false or falsified documents in or with their application for a security clearance.

  • SOR/2014-51, s. 9(F)
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