Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2019-05-07 and last amended on 2019-01-15. Previous Versions

PART 9Combination Products and Devices (continued)

Marginal note:Authorization — combination product for veterinary use

 Subject to the other provisions of these Regulations, a person that is authorized to sell a combination product for veterinary use may sell it in a package or with a label that sets out a depiction of a real or fictional animal that corresponds to the species of the animal for which the product is intended.

Marginal note:Authorization — combination product

  •  (1) Subject to the other provisions of these Regulations, a person is authorized to sell a combination product to a young person.

  • Marginal note:Authorization — device

    (2) Subject to the other provisions of these Regulations, a person is authorized to sell a device licensed for use with a prescription drug to a young person if the person

    • (a) has ascertained that there is a written prescription for the young person with respect to the drug; and

    • (b) is entitled under the laws of a province to dispense a prescription drug.

PART 10Importation and Exportation for Medical or Scientific Purposes

Definitions

Marginal note:Definitions

 The following definitions apply in this Part.

customs office

customs office has the same meaning as in subsection 2(1) of the Customs Act. (bureau de douane)

customs officer

customs officer has the meaning assigned by the definition officer in subsection 2(1) of the Customs Act. (agent des douanes)

Importation

Marginal note:Import permit

  •  (1) A holder of a licence is authorized to import cannabis for medical or scientific purposes if they also hold an import permit for each shipment of cannabis that is imported.

  • Marginal note:Ancillary activities

    (2) A holder of an import permit is also authorized to possess, transfer, transport, send or deliver the shipment of cannabis to the extent necessary to import the cannabis.

Marginal note:Import permit — content

 The import permit must set out the following information:

  • (a) the name and mailing address of the holder;

  • (b) the permit number and the licence number;

  • (c) in respect of the shipment of cannabis to be imported,

    • (i) the description of the cannabis,

    • (ii) the intended use of the cannabis,

    • (iii) if applicable, the brand name of the cannabis,

    • (iv) quantity of the cannabis, and

    • (v) the percentage of THC w/w and CBD w/w of the cannabis, except in the case of cannabis plants and cannabis plant seeds;

  • (d) the name and address of the exporter in the country of export;

  • (e) the port of entry into Canada;

  • (f) the address of the customs office to which the shipment is to be delivered;

  • (g) each mode of transportation used, the country of export and, if applicable, any country of transit or transhipment;

  • (h) any conditions that the Minister considers appropriate;

  • (i) the effective date of the permit; and

  • (j) the date of expiry of the permit.

Marginal note:Refusal to issue — other grounds

 For the purpose of paragraph 62(7)(h) of the Act, other grounds for refusing to issue an import permit are the following:

  • (a) the applicant does not hold a licence; and

  • (b) the Minister has reasonable grounds to believe that

    • (i) the shipment to which the permit application pertains would contravene these Regulations or the laws of the country of export or any country of transit or transhipment, or

    • (ii) the importation of the cannabis is for the purpose of exporting it.

Marginal note:Period of validity

 An import permit is valid until the earliest of the following dates:

  • (a) the date on which the shipment is imported,

  • (b) the date of expiry of the permit or the date of its revocation,

  • (c) the date of expiry of the licence referred to in paragraph 205(b) or the date of its revocation, or

  • (d) the date of revocation of the permit for exportation issued by the competent authority of the country of export that pertains to the shipment.

Marginal note:Provision of copy of import permit

 A holder of an import permit must provide a copy of the import permit to the customs office at the time of importation.

Marginal note:Information

 The holder of an import permit must, within 15 days after the date of release of a shipment of cannabis in Canada, provide the Minister with the following information:

  • (a) their name, the number of the licence referred to in paragraph 205(b) and the import permit number issued in respect of the shipment;

  • (b) the date of release of the shipment; and

  • (c) in respect of the shipment of cannabis that is imported,

    • (i) the description of the cannabis,

    • (ii) the intended use of the cannabis,

    • (iii) if applicable, the brand name of the cannabis,

    • (iv) the quantity of the cannabis, and

    • (v) the percentage of THC w/w and CBD w/w of the cannabis, except in the case of cannabis plants and cannabis plant seeds.

Marginal note:Transportation of imported cannabis

 The holder of an import permit must ensure that, after the imported cannabis is released, it is transported directly to the site set out in the licence referred to in paragraph 205(b).

Marginal note:Revocation — other circumstances

 For the purpose of paragraph 65(h) of the Act, other circumstances for the revocation of an import permit are the following:

  • (a) the permit holder has requested, in writing, the revocation;

  • (b) the licence referred to in paragraph 205(b) has been revoked;

  • (c) the importation of the cannabis is for the purpose of exporting it; and

  • (d) a permit that has been suspended is not reinstated because the reasons for the suspension still exist or the permit holder has not demonstrated to the Minister that the suspension is unfounded.

Marginal note:Disclosure of information

 The Minister may, for the purpose of verifying whether an importation of cannabis complies with these Regulations, provide to a customs officer any information provided in the import permit application or referred to in sections 205 and 209 and inform that customs officer whether the import permit has been suspended or revoked.

Exportation

Marginal note:Export permit

  •  (1) A holder of a licence is authorized to export cannabis for medical or scientific purposes if they also hold an export permit for each shipment of cannabis that is exported.

  • Marginal note:Ancillary activities

    (2) A holder of an export permit is also authorized to possess, transfer, transport, send, deliver or sell the shipment of cannabis to the extent necessary to export the cannabis.

Marginal note:Export permit — content

 The export permit must set out the following information:

  • (a) the name and mailing address of the holder;

  • (b) the permit number and the licence number;

  • (c) in respect of the shipment of cannabis to be exported,

    • (i) the description of the cannabis,

    • (ii) the intended use of the cannabis,

    • (iii) if applicable, the brand name of the cannabis,

    • (iv) the quantity of the cannabis, and

    • (v) the percentage of THC w/w and CBD w/w of the cannabis, except in the case of cannabis plants and cannabis plant seeds;

  • (d) the name and address of the importer in the country of import;

  • (e) the port of exit from Canada, the country of import and, if applicable, any country of transit or transhipment;

  • (f) the address of the customs office, sufferance warehouse or bonded warehouse to which the shipment is to be delivered, if applicable;

  • (g) each mode of transportation used;

  • (h) any conditions that the Minister considers appropriate;

  • (i) the effective date of the permit; and

  • (j) the date of expiry of the permit.

 
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