Cannabis Regulations (SOR/2018-144)

General Provisions

Marginal note:Requirement — sale and distribution of cannabis product

• 106 (1) A holder of a licence must not sell or distribute a cannabis product unless the applicable requirements set out in sections 108 to 136 have been met.

• Marginal note:Requirement — exportation of cannabis product

  (2) A holder of a licence must not export a cannabis product unless the requirements set out in paragraph 123(1)(a) and subparagraphs 123(1)(c)(ii) and (iv) have been met.

Marginal note:Exception — shipping container

107 The requirements set out in this Part do not apply in respect of a shipping container.

Packaging — Cannabis Products

Marginal note:Immediate container

108 The immediate container in which a cannabis product, other than a cannabis plant or cannabis plant seeds, is packaged must

• (a) be opaque or translucent;

• (b) prevent contamination of the cannabis;

• (c) in the case of dried cannabis, or a cannabis accessory that contains dried cannabis, keep the cannabis dry;

• (d) have a security feature that provides reasonable assurance to consumers that it has not been opened prior to receipt;

• (e) meet the requirements of a child resistant package under subsections C.01.001(2) to (4) of the Food and Drug Regulations; and

• (f) not contain more than the equivalent of 30 g of dried cannabis, as determined in accordance with subsection 2(4) of the Act.

Marginal note:Cannabis plant — not budding or flowering

• 109 (1) A cannabis plant must not be budding or flowering at the time of packaging.

• Marginal note:Cannabis plant — container

  (2) The container in which a cannabis plant is packaged must not contain more than four cannabis plants.

Marginal note:Cannabis plant seeds — immediate container

110 The immediate container in which cannabis plant seeds are packaged must

• (a) keep the cannabis plant seeds dry; and

• (b) not contain more than the equivalent of 30 g of dried cannabis, as determined in accordance with subsection 2(4) of the Act.

Marginal note:Brand element

111 Subject to the other provisions of these Regulations, the interior surface and exterior surface of any container in which a cannabis product is packaged must not display any brand element.

Marginal note:Image

112 Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the interior surface, exterior surface and panel of any container in which a cannabis product is packaged must not display any image.

Marginal note:Uniform colour

• 113 (1) Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the colour of the interior surface, exterior surface and panel of any container in which a cannabis product is packaged must be one uniform colour. However, the colour of each surface and the panel may be different.

• Marginal note:Colour — other requirements

  (2) The colour of the interior surface, exterior surface and panel must meet the following requirements:

  • (a) it must not have the lustre of metal or have metallic properties in the ink, such as Pantone Metallics or Pantone Premium Metallics;

  • (b) it must not be fluorescent, have fluorescent properties in the ink or have pigments that absorb ultraviolet energy and transmit it as a longer wavelength, such as the Pantone 800 series; and

  • (c) it must create a contrast with

    • (i) the yellow colour of the background of the health warning message, and

    • (ii) the red colour of the standardized cannabis symbol.

• Marginal note:Exception

  (3) Despite subsection (2),

  • (a) an interior surface that is made of metal may be the colour of the metal; and

  • (b) an exterior surface of an immediate container that is made of metal, excluding the label or any image, may be the colour of the metal.

114 [Repealed, SOR/2019-206, s. 33]

Marginal note:Texture

• 115 (1) Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the interior surface, exterior surface and panel of any container in which a cannabis product is packaged and any covering of such a container must have a smooth texture without any raised features, embossing, decorative ridges, bulges or other irregularities.

• Marginal note:Non-application

  (2) Subsection (1) does not apply to the features of a container that are necessary to

  • (a) facilitate the opening and closing of the container; or

  • (b) assist visually impaired individuals.

Marginal note:Hidden features

• 116 (1) The interior surface, exterior surface and panel of any container in which a cannabis product is packaged and any covering of such a container must not include any hidden feature that is designed to change the appearance of the container, covering or panel, such as heat-activated ink or a feature that is visible only through technological means, except a feature that is used to prevent counterfeiting.

• Marginal note:Feature designed to change surface area

  (2) Subject to section 132.27, the interior surface and exterior surface of any container in which a cannabis product is packaged and any covering of such a container must not include any feature that is designed to change the surface area of the container or covering, such as a fold-out panel.

Marginal note:Scent and sound

117 The interior surface, exterior surface and panel of any container in which a cannabis product is packaged and any covering of such a container must not be capable of emitting a scent or sound.

Marginal note:Covering — brand element

118 The covering of any container in which a cannabis product is packaged must not display any brand element.

Marginal note:Covering — image or information

119 Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the covering of any container in which a cannabis product is packaged must not display any image or information.

Marginal note:Covering — transparent and colourless

120 Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the covering of any container in which a cannabis product is packaged must be transparent and colourless.

Marginal note:Cut-out window

121 The interior surface, exterior surface and panel of any container in which a cannabis product is packaged must not include any cut-out window.

Marginal note:Bar code

• 122 (1) A bar code may be displayed only once on any container in which a cannabis product is packaged.

• Marginal note:Shape and colour

  (2) Every bar code must be rectangular in shape and not contain any image or design and must be printed in black and white.

Marginal note:Wrapper

122.1 A wrapper may be used with respect to a cannabis product only if

• (a) it is in direct contact with the cannabis or the cannabis accessory and with one or both of the following:

  • (i) the immediate container of the cannabis product,

  • (ii) a wrapper that is in direct contact with the cannabis or the cannabis accessory; and

• (b) it is required to maintain the quality or stability of the cannabis product.