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Cannabis Regulations (SOR/2018-144)

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

PART 10Importation and Exportation for Medical or Scientific Purposes (continued)

Exportation (continued)

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 export permit are the following:

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

  • (b) the Minister has reasonable grounds to believe that the shipment to which the permit application pertains

    • (i) would contravene these Regulations or the laws of the country of import or any country of transit or transhipment, or

    • (ii) would not comply with the permit for importation issued by a competent authority of the country of import.

Marginal note:Period of validity

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

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

  • (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 214(b) or the date of its revocation, or

  • (d) the date of expiry of the permit for importation issued by the competent authority of the country of import that pertains to the shipment or the date of its revocation.

Marginal note:Provision of copy of export permit

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

Marginal note:Information

 The holder of an export permit must, within 15 days after the date of exportation of a shipment of cannabis, provide the Minister with the following information:

  • (a) their name and the number of the licence referred to in paragraph 214(b) and the export permit number issued in respect of the shipment;

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

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

    • (i) the description of the cannabis,

    • (ii) 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:Revocation — other circumstances

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

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

  • (b) the licence referred to in paragraph 214(b) has been revoked; and

  • (c) 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 exportation of cannabis complies with these Regulations, provide to a customs officer any information provided in the export permit application or referred to in sections 214 and 218 and inform that customs officer whether the export permit has been suspended or revoked.

PART 11Retention of Documents and Information

General Provisions

Marginal note:Manner of retention

 A person that is required to retain a document or information — or that must ensure that a document or information is retained — under these Regulations must ensure that

  • (a) the document or information is retained in a manner that will enable an audit of it to be made in a timely manner;

  • (b) if the person holds a licence, the document or information is available at the site specified in the licence; and

  • (c) if the person does not hold a licence, the document or information is available at their place of business in Canada or, if they do not have such a place of business, at a place of business in Canada.

Marginal note:Requirement to continue to retain

 If a person ceases to hold a licence, they must, in respect of any document or information that they were required to retain under these Regulations and for which the retention period has not yet ended,

  • (a) ensure that the document or information continues to be retained until the end of the retention period; and

  • (b) provide the Minister with notice in writing of the address of the location at which the document or information is retained and of any subsequent change to the address.

Notices

Marginal note:Retention of notices

 A holder of a licence, if they send or provide a notice under these Regulations and are not otherwise required to retain a copy, must retain a copy for at least two years after the day on which the notice is sent or provided.

Inventory and Distribution

Marginal note:Inventory — cannabis other than oil

  •  (1) A holder of a licence must retain, for each lot or batch of cannabis — other than cannabis oil — that they produce, a document that contains the following information, as applicable:

    • (a) the date on which cannabis plants are propagated by means other than sowing seeds and the number of new plants propagated in this manner;

    • (b) the date on which cannabis plant seeds are sown and their net weight on that date;

    • (c) the date on which cannabis is harvested and its net weight on that date;

    • (d) the date on which drying processes are completed for the cannabis and its net weight on that date;

    • (e) the date on which dried or fresh cannabis is put into a discrete unit form, the net weight of cannabis in each unit and the number of units; and

    • (f) the date on which cannabis that is not of a class of cannabis set out in Schedule 4 to the Act is produced and its net weight or volume on that date.

  • Marginal note:Packaging

    (2) A holder of a licence must retain, for each lot or batch of cannabis — other than cannabis oil — that they package, a document that contains the following information:

    • (a) a description of the cannabis, including, if applicable, the brand name;

    • (b) the date on which the cannabis is packaged and its net weight on that date; and

    • (c) in the case of a drug containing cannabis, the strength per unit of the drug.

  • Marginal note:Retention period

    (3) The documents must be retained for at least two years after the day on which they are prepared.

Marginal note:Inventory — cannabis oil

  •  (1) A holder of a licence must retain, for each lot or batch of cannabis oil that they produce, a document that contains the following information:

    • (a) the date on which the cannabis oil is produced and its net weight or volume on that date;

    • (b) if applicable, the date on which the cannabis oil is put into a discrete unit form, the net weight or volume of the oil in each unit and the number of units; and

    • (c) in respect of the cannabis that was used to produce the cannabis oil, its description, its net weight or volume, its lot or batch number and the date on which it was produced.

  • Marginal note:Packaging

    (2) A holder of a licence must retain, for each lot or batch of cannabis oil that they package, a document that contains the following information:

    • (a) a description of the cannabis oil, including the brand name, if applicable;

    • (b) the date on which the cannabis oil is packaged and its net weight or volume on that date; and

    • (c) in the case of a drug containing cannabis, the strength per unit of the drug.

  • Marginal note:Retention period

    (3) The documents must be retained for at least two years after the day on which they are prepared.

Marginal note:Receipt of cannabis

  •  (1) A holder of a licence must, if they receive cannabis, retain a document that contains the following information:

    • (a) the name of the person from which it is received;

    • (b) the address of the location at which it is received and, if known, from which it is received;

    • (c) the date on which it is received;

    • (d) the quantity that is received;

    • (e) a description of the cannabis, including, if applicable, the brand name;

    • (f) if known, the lot or batch number of the cannabis;

    • (g) in the case of a drug containing cannabis, the form of the drug and its strength per unit; and

    • (h) in the case of cannabis plants, cannabis plant seeds or cannabis that is not of a class of cannabis set out in Schedule 4 to the Act, the intended use.

  • Marginal note:Retention period

    (2) The document must be retained for at least two years after the day on which it is prepared.

 
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