Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Cannabis Regulations (SOR/2018-144)

Full Document:  

Regulations are current to 2019-06-06 and last amended on 2019-01-15. Previous Versions

PART 4Physical Security Measures (continued)

DIVISION 1Licences Requiring Increased Security Measures (continued)

Operations Areas and Storage Areas

Marginal note:Location of storage area

 Each storage area must be located within an area that satisfies the security measures set out in subsection 68(1), section 69, subsections 70(1) and (3), subsection 71(1) and section 72.

Marginal note:Restricted access

  •  (1) Access to each operations area and storage area must be restricted to individuals whose presence in the area is required by their duties.

  • Marginal note:Record — storage area

    (2) A record must be maintained of the identity of every individual entering or exiting a storage area.

Marginal note:Physical barrier

 Each operations area and storage area must be surrounded by a physical barrier that prevents unauthorized access.

Marginal note:Visual monitoring

  •  (1) Each operations area and storage area must be monitored at all times by visual recording devices to detect illicit conduct.

  • Marginal note:Exception — grow area

    (2) For a grow area, only the entry and exit points of the area must be monitored by the devices.

  • Marginal note:Visual recording devices

    (3) The devices must, in the conditions under which they are used, be capable of making a visible recording of any illicit conduct.

Marginal note:Intrusion detection system

  •  (1) Each operations area and storage area must be secured by means of an intrusion detection system that operates at all times and that allows for the detection of any attempted or actual unauthorized access to the area, any unauthorized movement in the area and any attempted or actual tampering with the system.

  • Marginal note:Exception — grow area

    (2) The intrusion detection system is not required to detect unauthorized movement in a grow area.

Marginal note:Monitoring and response

  •  (1) The intrusion detection system referred to in section 71 must be monitored at all times.

  • Marginal note:Appropriate measures

    (2) The holder of the licence must determine the appropriate measures to be taken if any occurrence referred to in section 70 or 71 is detected.

  • Marginal note:Record of detected occurrences

    (3) If any such occurrence is detected, the holder of the licence must ensure that a document is retained that contains the following information:

    • (a) the date and time of the occurrence; and

    • (b) the measures taken in response to it and the date and time when they were taken.

Marginal note:Retention

 A holder of a licence referred to in subsection 62(1) must retain

  • (a) a visual recording made under section 64 or 70 for at least one year after the day on which it is made;

  • (b) a document referred to in subsection 66(3) or 72(3) for at least two years after the day on which it is prepared; and

  • (c) the information in the record referred to in subsection 68(2) for at least two years after the day on which the information is recorded.

DIVISION 2Other Licences

Marginal note:Micro-cultivation, micro-processing and nurseries

 A holder of a licence for micro-cultivation, micro-processing or a nursery must ensure that the following security measures are complied with in respect of the site set out in the licence:

  • (a) the site is designed in a manner that prevents unauthorized access;

  • (b) the site is surrounded by a physical barrier that prevents unauthorized access;

  • (c) storage areas are surrounded by a physical barrier that prevents unauthorized access; and

  • (d) access to each storage area is restricted to individuals whose presence in the area is required by their duties.

Marginal note:Analytical testing

 A holder of a licence for analytical testing must ensure that the following security measures are complied with in respect of the site set out in the licence:

  • (a) storage areas are surrounded by a physical barrier that prevents unauthorized access; and

  • (b) access to each storage area is restricted to individuals whose presence in the area is required by their duties.

Marginal note:Cannabis drug licences

  •  (1) If the amount of cannabis that is sold or distributed to the holder of a cannabis drug licence is not equivalent, as determined in accordance with the table to section 21, to more than 600 kg of dried cannabis per calendar year, the holder must ensure that

    • (a) if they only conduct analytical testing, the security measures set out in paragraphs 75(a) and (b) are complied with in respect of the site set out in the licence; and

    • (b) in any other case, the security measures set out in paragraphs 74(a) to (d) are complied with in respect of the site set out in the licence.

  • Marginal note:Equivalency

    (2) The cannabis referred to in subsection (1) is exempt from the application of subsection 2(4) of the Act and a quantity referred to in column 2 of the table to section 21 in respect of any class of cannabis referred to in column 1 is deemed to be equivalent to 1 kg of dried cannabis.

Marginal note:Research

 A holder of a licence for research must ensure that operations areas at the site set out in the licence are designed in a manner that prevents unauthorized access.

DIVISION 3Exemptions

Marginal note:Exemption — storage area

  •  (1) A holder of a licence referred to in paragraph 62(1)(a), (b) or (c) is exempt from the application of section 67 in respect of the site set out in the licence if

    • (a) immediately before the day on which these Regulations come into force, the holder was, in respect of the site,

      • (i) licensed under Part 1 of the former Access to Cannabis for Medical Purposes Regulations,

      • (ii) in compliance with their obligations under sections 57 to 60 and 62 of those Regulations, and

      • (iii) securely storing cannabis, other than cannabis plants and cannabis plant seeds, in accordance with the Directive on Physical Security Requirements for Controlled Substances (Security Requirements for Licensed Dealers for the Storage of Controlled Substances), as amended in December 1999 and published by the Government of Canada on its website; and

    • (b) the holder has, since the day on which these Regulations come into force, been securely storing cannabis, other than cannabis plants and cannabis plant seeds, in accordance with the Directive referred to in subparagraph (a)(iii) .

  • Marginal note:Exemption — application under former Regulations

    (2) A holder of a licence referred to in paragraph 62(1)(a), (b) or (c) is exempt from the application of section 67 in respect of the site set out in the licence if

    • (a) the holder had, before the day on which these Regulations come into force, submitted an application under section 33 of the former Access to Cannabis for Medical Purposes Regulations in respect of the same site;

    • (b) the application referred to in paragraph (a) was, by virtue of subsection 158(9) of the Act, deemed to be an application for a licence made under section 62 of the Act;

    • (c) the Minister issued a licence under section 62 of the Act on the basis of the deemed application; and

    • (d) the holder has, since the licence referred to in paragraph (c) was issued, been securely storing cannabis, other than cannabis plants and cannabis plant seeds, in accordance with the Directive referred to in subparagraph (1)(a)(iii).

  • Marginal note:Interpretation

    (3) For the purposes of paragraphs (1)(b) and (2)(d), a reference in the Directive to a term set out in column 1 of the table to this subsection is deemed to be a reference to the corresponding term set out in column 2.

    TABLE

    Column 1Column 2
    ItemTerm used in the DirectiveCorresponding term
    1Controlled substanceCannabis
    2Licensed dealer / licenced dealerHolder of a licence
    3Cannabis Sativa, its preparations, derivatives and similar synthetic preparations except NabiloneCannabis
    4Office of Controlled Substances, Therapeutic Products ProgrammeHealth Canada
    5OfficeHealth Canada
  • Marginal note:Exemption — cannabis drug licence

    (4) The holder of a cannabis drug licence is exempt from the application of this Part in respect of the site set out in the licence if they are securely storing cannabis in accordance with the Directive on Physical Security Requirements for Controlled Substances and Drugs Containing Cannabis, as amended from time to time and published by the Government of Canada on its website.

 
Date modified: