1 (1) The definitions cannabis non-solid concentrates and cannabis solid concentrates in subsection 1(1) of the Cannabis RegulationsFootnote 1 are repealed.
Return to footnote 1SOR/2018-144
(2) The definition cannabis oil in subsection 1(1) of the Regulations is repealed.
(3) The definitions non-solids containing cannabis and solids containing cannabis in subsection 1(1) of the Regulations are replaced by the following:
non-solids containing cannabis means substances that are in non-solid form at a temperature of 22 ± 2°C and that have a concentration of 3% w/w or less of THC, taking into account the potential to convert THCA into THC. (substances qui ne sont pas solides et qui contiennent du cannabis)
solids containing cannabis means substances that are in solid form at a temperature of 22 ± 2°C and that have a concentration of 3% w/w or less of THC, taking into account the potential to convert THCA into THC. (solides qui contiennent du cannabis)
(4) Subsection 1(1) of the Regulations is amended by adding the following definitions in alphabetical order:
cannabis concentrate means a substance that has a concentration of greater than 3% w/w of THC, taking into account the potential to convert THCA into THC. (cannabis sous forme de concentré)
cannabis extract means
(a) a substance produced by
(i) subjecting anything referred to in item 1 of Schedule 1 to the Act to extraction processing, or
(ii) synthesizing a substance that is identical to a phytocannabinoid produced by, or found in, a cannabis plant; or
(b) a substance or mixture of substances that contains or has on it a substance produced in a manner referred to in paragraph (a).
It does not include a cannabis topical or edible cannabis. (extrait de cannabis)
cannabis topical means a substance or mixture of substances that contains or has on it anything referred to in item 1 or 3 of Schedule 1 to the Act and that is intended for use, directly or indirectly, exclusively on external body surfaces, including hair and nails. (cannabis pour usage topique)
edible cannabis means a substance or mixture of substances that contains or has on it anything referred to in item 1 or 3 of Schedule 1 to the Act and that is intended to be consumed in the same manner as food. It does not include dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds. (cannabis comestible)
(5) The definition common name in subsection 1(2) of the Regulations is repealed.
(6) The definition cannabis product in subsection 1(2) of the Regulations is replaced by the following:
cannabis product means cannabis of only one of the classes set out in Schedule 4 to the Act — or a cannabis accessory that contains such cannabis — after it has been packaged and labelled for sale to a consumer at the retail level. It does not include
(a) cannabis that is intended for an animal;
(b) a cannabis accessory that contains cannabis that is intended for an animal; or
(c) a drug containing cannabis. (produit du cannabis)
(7) Subsection 1(2) of the Regulations is amended by adding the following definitions in alphabetical order:
combination product means a product, consisting of a device and a prescription drug, for which a drug identification number has been assigned under subsection C.01.014.2(1) of the Food and Drug Regulations. (produit mixte)
constituent means an individual unit of food that is combined as an individual unit of food with one or more other individual units of food to form an ingredient. (constituant)
contaminated means, in respect of cannabis, a cannabis accessory or an ingredient, containing or having on it anything — including a micro-organism but excluding anything referred to in item 1 or 3 of Schedule 1 to the Act — that may render the cannabis, cannabis accessory or ingredient injurious to human health or unsuitable for human use. (contaminé)
durable life means the period, commencing on the day on which a cannabis product is packaged for sale to a consumer at the retail level, during which the product, when it is stored under conditions appropriate to that product, will retain, without any appreciable deterioration, normal palatability and any other qualities claimed for it by the holder of a licence for processing that manufactured the product. (durée de conservation)
durable life date means the date on which the durable life of a cannabis product ends. (date limite de conservation)
food has the same meaning as in section 2 of the Food and Drugs Act. (aliment)
food additive means any substance the use of which results, or may reasonably be expected to result, in it or its by-products becoming a part of, or affecting the characteristics of, a food or edible cannabis, but does not include
(a) anything referred to in item 1 or 3 of Schedule 1 to the Act; or
(b) anything that is excluded from the definition food additive in subsection B.01.001(1) of the Food and Drug Regulations. (additif alimentaire)
former Industrial Hemp Regulations means the regulations made by Order in Council P.C. 1998-352 of March 12, 1998 and registered as SOR/98-156. (ancien Règlement sur le chanvre industriel)
immediate container means a container that is in direct contact with cannabis or a cannabis accessory that is a cannabis product or, if a wrapper is in direct contact with the cannabis or the cannabis accessory, with the wrapper. (contenant immédiat)
ingestion includes absorption in the mouth. (ingestion)
ingredient means
(a) in the case of a cannabis extract or a cannabis topical, a substance, other than anything referred to in item 1 or 3 of Schedule 1 to the Act, that is used to produce the cannabis extract or cannabis topical, including any substance used in the manufacture of that substance, and that is present in the final form of the cannabis extract or cannabis topical; and
(b) in the case of edible cannabis,
(i) a substance, other than anything referred to in item 1 or 3 of Schedule 1 to the Act,
(A) that is used to produce the edible cannabis if the use of the substance results, or may reasonably be expected to result, in the substance or its by-products becoming a part of, or affecting the characteristics of, the edible cannabis, or
(B) that is part of a mixture of substances referred to in item 2 of that Schedule that is used to produce the edible cannabis if the use of the mixture results, or may reasonably be expected to result, in the substance or its by-products becoming a part of, or affecting the characteristics of, the edible cannabis, or
(ii) a mixture of substances, other than anything referred to in item 1 or 3 of Schedule 1 to the Act,
(A) that is used to produce the edible cannabis if the use of the mixture results, or may reasonably be expected to result, in the mixture or its by-products becoming a part of, or affecting the characteristics of, the edible cannabis, or
(B) that is part of a mixture of substances referred to in item 2 of that Schedule that is used to produce the edible cannabis if the use of the latter mixture results, or may reasonably be expected to result, in the former mixture or its by-products becoming a part of, or affecting the characteristics of, the edible cannabis. (ingrédient)
pest control product has the same meaning as in subsection 2(1) of the Pest Control Products Act. (produit antiparasitaire)
potential to convert CBDA into CBD means the maximum amount of CBD that would be obtained if CBDA was converted into CBD with no further degradation of CBD. (potentiel de transformation de l’ACBD en CBD)
potential to convert THCA into THC means the maximum amount of THC that would be obtained if THCA was converted into THC with no further degradation of THC. (potentiel de transformation de l’ATHC en THC)
sugars has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (sucres)
(8) Section 1 of the Regulations is amended by adding the following after subsection (3):
Marginal note:Deeming — immediate container
(4) For the purposes of these Regulations, a cannabis accessory that contains edible cannabis in liquid form at a temperature of 22 ± 2°C and that is a cannabis product is deemed to be an immediate container.