Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2018-11-20 and last amended on 2018-10-17. Previous Versions

Cannabis Regulations

SOR/2018-144

CONTROLLED DRUGS AND SUBSTANCES ACT

FOOD AND DRUGS ACT

CANNABIS ACT

Registration 2018-06-27

Cannabis Regulations

P.C. 2018-948 2018-06-26

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 30(1)Footnote a of the Food and Drugs ActFootnote b, subsection 55(1)Footnote c of the Controlled Drugs and Substances ActFootnote d and subsection 139(1) and section 161 of the Cannabis ActFootnote e, makes the annexed Cannabis Regulations.

Interpretation

Marginal note:Definitions — Act and Regulations

  •  (1) The following definitions apply in the Act and in these Regulations.

    cannabis non-solid concentrates

    cannabis non-solid concentrates means substances that are in non-solid form at a temperature of 22 ± 2°C and that have a maximum yield percentage of greater than 3% w/w of THC, taking into account the potential to convert THCA into THC. (cannabis sous forme d’un concentré qui n’est pas solide)

    cannabis oil

    cannabis oil means an oil that contains anything referred to in item 1 or 3 of Schedule 1 to the Act and that is in liquid form at a temperature of 22 ± 2°C. (huile de cannabis)

    cannabis solid concentrates

    cannabis solid concentrates means substances that are in solid form at a temperature of 22 ± 2°C and that have a maximum yield percentage of greater than 3% w/w of THC, taking into account the potential to convert THCA into THC. (cannabis sous forme d’un concentré solide)

    fresh cannabis

    fresh cannabis means freshly harvested cannabis buds and leaves, but does not include plant material that can be used to propagate cannabis. (cannabis frais)

    non-solids containing cannabis

    non-solids containing cannabis means substances that are in non-solid form at a temperature of 22 ± 2°C and that have a maximum yield percentage 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

    solids containing cannabis means substances that are in solid form at a temperature of 22 ± 2°C and that have a maximum yield percentage of 3% w/w or less of THC, taking into account the potential to convert THCA into THC. (solides qui contiennent du cannabis)

  • Marginal note:Definitions — Regulations

    (2) The following definitions apply in these Regulations.

    Act

    Act means the Cannabis Act. (Loi)

    cannabis drug licence

    cannabis drug licence means a licence for a drug containing cannabis. (Version anglaise seulement)

    cannabis product

    cannabis product means cannabis of only one of the classes that are set out in Schedule 4 to the Act — or a cannabis accessory if that accessory contains such cannabis — after it has been packaged and labelled for sale to a consumer at the retail level, but does not include a drug containing cannabis. (produit du cannabis)

    CBD

    CBD means cannabidiol. (CBD)

    CBDA

    CBDA means cannabidiolic acid. (ACBD)

    client

    client means, in respect of a holder of a licence for sale for medical purposes, an individual who is registered with that holder of the licence under subsection 282(1). (client)

    common-law partner

    common-law partner means an individual who is cohabiting with an individual in a conjugal relationship, having done so for a period of at least one year. (conjoint de fait)

    common name

    common name has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (nom usuel)

    controlled substance offence

    controlled substance offence means

    • (a) an offence under Part I of the Controlled Drugs and Substances Act, except subsection 4(1) of that Act; or

    • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a). (infraction relative à une substance désignée)

    device

    device has the same meaning as in section 2 of the Food and Drugs Act. (instrument)

    drug

    drug has the same meaning as in section 2 of the Food and Drugs Act, but excludes cannabis that is

    • (a) a natural health product to which the Natural Health Products Regulations apply; or

    • (b) manufactured or sold — within the meaning of section 2 of the Food and Drugs Act — and is not represented, for use in 

      • (i) the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings, or

      • (ii) restoring, correcting or modifying organic functions in human beings.

    It includes cannabis that is an active pharmaceutical ingredient as defined in subsection C.01A.001(1) of the Food and Drug Regulations or that is manufactured or sold for use in a clinical trial as defined in section C.05.001 of those Regulations. (drogue)

    export permit

    export permit means a permit issued under subsection 62(1) of the Act that authorizes the exportation of cannabis for medical or scientific purposes. (permis d’exportation)

    former Access to Cannabis for Medical Purposes Regulations

    former Access to Cannabis for Medical Purposes Regulations means the regulations made by Order in Council P.C. 2016-743 of August 5, 2016 and registered as SOR/2016-230. (ancien Règlement sur l’accès au cannabis à des fins médicales)

    grow area

    grow area means, in respect of a site set out in a licence, an area of the site where cannabis plants are cultivated, harvested or propagated. (zone de culture)

    hospital

    hospital means, except in Part 8, a facility 

    • (a) that is licensed, approved or designated by a province under the laws of the province to provide care or treatment to individuals suffering from any form of disease or illness; or

    • (b) that is owned or operated by the Government of Canada or the government of a province and that provides health services. (hôpital)

    import permit

    import permit means a permit issued under subsection 62(1) of the Act that authorizes the importation of cannabis for medical or scientific purposes. (permis d’importation)

    licence

    licence means a licence issued under subsection 62(1) of the Act in relation to cannabis. (licence)

    operations area

    operations area means, in respect of a site set out in a licence, an area of the site — other than a storage area — where cannabis is present as a result of any activities conducted under a licence. It includes a grow area. (zone d’exploitation)

    pharmacist

    pharmacist means an individual who is entitled under the laws of a province to practise pharmacy and who is practising pharmacy in that province. (pharmacien)

    point

    point means the unit of measurement for type size that is known as a PostScript point and is equal to 0.3527777778 mm. (point)

    prescription

    prescription has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (ordonnance)

    prescription drug

    prescription drug means a drug

    proper name

    proper name has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (nom propre)

    security clearance

    security clearance means, except in paragraph 53(2)(g), a security clearance granted by the Minister under section 67 of the Act and includes, for the purpose of paragraph 53(2)(e), a security clearance granted under section 112 of the former Access to Cannabis for Medical Purposes Regulations. (habilitation de sécurité)

    site

    site means, in respect of a holder of a licence, an area that is used exclusively by the holder and that consists of at least one building or one part of a building. (lieu)

    storage area

    storage area means, in respect of a site set out in a licence, an area of the site where cannabis is stored. (zone d’entreposage)

    test kit

    test kit means a kit

    • (a) that contains

      • (i) cannabis, and

      • (ii) a reagent system or buffering agent, or both;

    • (b) that is designed to be used during the course of a chemical or analytical procedure to test for the presence or quantity of cannabis for a medical, laboratory, industrial, educational, law administration or enforcement, or research purpose; and

    • (c) the contents of which are not intended or likely to be consumed or administered. (nécessaire d’essai)

    THC

    THC means delta-9-tetrahydrocannabinol. (THC)

    THCA

    THCA means delta-9-tetrahydrocannabinolic acid. (ATHC )

  • Marginal note:Incorporation by reference

    (3) For the purpose of the incorporation by reference into these Regulations of any documents published by the Government of Canada, terms that are used but not defined in those documents have the same meaning as in these Regulations.

 
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