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Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2022-05-02 and last amended on 2020-10-17. Previous Versions

PART 14Access to Cannabis for Medical Purposes (continued)

DIVISION 1Holders of Licence for Sale (continued)

Registration of Clients (continued)

Marginal note:Health care practitioner’s consent

  •  (1) If an application referred to in section 279 includes, as a shipping address, the address of the health care practitioner who provided the applicant with the medical document, the application must include a statement, signed and dated by the health care practitioner, consenting to receive cannabis products, other than cannabis plants and cannabis plant seeds, on the applicant’s behalf.

  • Marginal note:Withdrawal of consent

    (2) If the applicant becomes a client of a holder of a licence for sale under this Division and the health care practitioner ceases to consent to receive cannabis products on the behalf of the client, the health care practitioner must send a written notice to that effect to the client and the holder.

Marginal note:Verification of medical document

  •  (1) A holder of a licence for sale that intends to register an applicant whose application is based on a medical document must

    • (a) verify that the medical document meets the requirements set out in subsections 273(1) to (3);

    • (b) verify that, at the time the medical document was provided to the applicant, the individual who provided the document was a health care practitioner who was entitled to practise their profession in the province in which the applicant consulted with them; and

    • (c) verify with the office of the individual referred to in paragraph (b) that the applicant consulted the individual and that the information set out in the medical document is correct and complete.

  • Marginal note:Exception

    (2) The holder is not required to do the verification referred to in paragraph (1)(c) if the signature of the health care practitioner who provided the medical document is known to the holder.

  • Marginal note:Uncertainty — previous registration

    (3) The holder must, if it appears that the applicant was previously registered on the basis of the medical document but the information referred to in subsection 288(1) does not appear on the medical document,

    • (a) take reasonable steps to determine whether the applicant was previously registered on the basis of the medical document; and

    • (b) in the case where they determine that the applicant was previously registered on the basis of the medical document,

      • (i) take reasonable steps to determine the date on which the applicant was first registered on that basis; and

      • (ii) if they determine the date referred to in subparagraph (i), ensure that it appears on the medical document in accordance with subsection 288(1).

  • Marginal note:Date illegible or incomplete

    (4) The holder must, if a date of registration appears on the medical document but the date is illegible, incomplete or there is reason to doubt that it is accurate,

    • (a) take reasonable steps to determine the date on which the applicant was first registered on the basis of the medical document; and

    • (b) if they determine the date referred to in paragraph (a), ensure that it appears on the medical document in accordance with subsection 288(1) unless there are reasonable grounds to believe that the date that already appears on the medical document has been falsified.

  • Marginal note:Unknown date

    (5) If the holder is, after taking the steps referred to in subparagraph (3)(b)(i) or paragraph (4)(a), unable to determine the date on which the applicant was first registered on the basis of the medical document, they must, if they proceed to register the applicant, indicate on the medical document the information referred to subsection 288(1) in accordance with the requirements set out in that subsection.

Marginal note:Registration of client

  •  (1) A holder of a licence for sale may, subject to section 284, register an applicant as a client.

  • Marginal note:Registration document and other information

    (2) A holder that registers an applicant as a client must provide them with

    • (a) a registration document that contains the following information:

      • (i) the name of the holder,

      • (ii) the client’s given name, surname and date of birth,

      • (iii) the given name and surname of the health care practitioner who provided the client’s medical document,

      • (iv) the given name, surname and date of birth of any adults named in the application under paragraph 279(2)(f) or in the registration certificate under paragraph 313(2)(c), as the case may be,

      • (v) an indication of whether the registration is based on a medical document or a registration certificate,

      • (vi) the daily quantity of dried cannabis, expressed in grams, indicated in the medical document or registration certificate,

      • (vii) in the case of a registration that is based on a medical document, the shipping address indicated in the application under paragraph 279(2)(e),

      • (viii) in the case of a registration that is based on a registration certificate, the shipping address or addresses indicated in the application under paragraph 279(3)(c) or (d), or both, as applicable, and

      • (ix) the date of expiry of the registration;

    • (b) information that will permit them to use a unique identifier for the purpose of ordering cannabis; and

    • (c) the current version of the document entitled Consumer Information — Cannabis, published by the Government of Canada on its website.

Marginal note:Expiry of registration

 A client’s registration with a holder of a licence for sale expires

  • (a) if it is based on a medical document, at the end of the period of validity of the document, as determined in accordance with subsections 273(4) and (5); or

  • (b) if it is based on a registration certificate, when the registration with the Minister expires.

Marginal note:Refusal to register

  •  (1) A holder of a licence for sale must refuse to register an applicant as a client if

    • (a) the application does not meet the requirements set out in section 279 or, if applicable, subsection 280(1);

    • (b) the holder has reasonable grounds to believe that false or misleading information has, or false or falsified documents have, been provided in, or in support of, the application;

    • (c) the requirements set out in subsection 281(1) have not been met;

    • (d) the medical document that forms the basis for the application is no longer valid;

    • (e) the registration with the Minister that forms the basis for the application has expired or been revoked;

    • (f) the given name, surname or date of birth of the applicant is different from the given name, surname or date of birth that appears on the medical document or the copy of the registration certificate that has been submitted; or

    • (g) the health care practitioner who provided the medical document to the applicant notifies the holder in writing that the use of cannabis by the applicant is no longer supported for clinical reasons.

  • Marginal note:Verification requirement

    (2) The holder must not refuse to register an applicant on the basis that there are reasonable grounds to believe that the medical document is false or falsified unless the holder has contacted the office of the health care practitioner whose name appears in the medical document to ask about the matters referred to in paragraph 281(1)(c).

  • Marginal note:Notice of intention to refuse

    (3) If the holder proposes to refuse an applicant for a reason referred to in subsection (1) or a business reason, the holder must, without delay, send the applicant a written notice that sets out the reason for the proposed refusal.

  • Marginal note:Opportunity to be heard

    (4) If the holder sends a notice under subsection (3), they must not refuse to register the applicant unless the applicant has had 10 days after the day on which the applicant receives the notice to provide reasons why the refusal is unfounded.

  • Marginal note:Notice of refusal to register

    (5) If the holder is provided with reasons under subsection (4), they must, if they refuse to register the applicant, send the applicant a written notice of the refusal.

  • Marginal note:Return of medical document

    (6) If the holder refuses to register an applicant whose application is based on a medical document, the holder must, without delay, return the medical document unless

    • (a) it is clear that the document is false or falsified; or

    • (b) the registration is refused for a reason referred to in paragraph (1)(d) or (g).

  • Marginal note:Notice to Minister

    (7) If the holder refuses to register an applicant whose application is based on a registration certificate, the holder must, as soon as feasible, provide the Minister with a notice that includes the following information:

    • (a) the given name, surname and date of birth of the registered person named in the certificate;

    • (b) the registration number indicated in the certificate;

    • (c) the date of the refusal; and

    • (d) the reasons for the refusal.

Amendment to Registration

Marginal note:Amendment to registration

  •  (1) If there is a change in respect of any of the information provided under section 279, the client — or, if applicable, an adult who is responsible for them — must, without delay, submit an application to amend the registration to the holder of the licence for sale unless the client has ceased to ordinarily reside in Canada.

  • Marginal note:Content of application

    (2) The application must include the following information and documents:

    • (a) the new information;

    • (b) if there has been a change to the information referred to in paragraph 279(2)(a), proof of the change;

    • (c) if applicable, the statement of the health care practitioner consenting to receive cannabis products on behalf of the client, as required by subsection 280(1);

    • (d) if the application is being submitted by an adult who is responsible for the client but who is not a named responsible adult, the given name, surname and date of birth of the adult; and

    • (e) a statement, signed and dated by the individual who is submitting the application, confirming that

      • (i) the client ordinarily resides in Canada,

      • (ii) the information included in the application is correct and complete,

      • (iii) in the case where the individual who is signing the statement is not the client, they are responsible for the client, and

      • (iv) in the case where the individual who is signing the statement is neither the client nor a named responsible adult, the client and any named responsible adults have been notified of the application.

  • Marginal note:Condition

    (3) The new information that is included in the application under paragraph (2)(a) must meet the applicable requirements set out in section 279.

  • Marginal note:Obligation to amend

    (4) The holder of the licence for sale must, if they receive an application that complies with subsections (2) and (3), amend the client’s registration and provide them with an updated registration document.

  • Marginal note:New responsible adult

    (5) If a registration is amended on the basis of an application that is signed by an adult who is neither the client nor a named responsible adult, the name of the adult who signed the application must be included in the updated registration document.

Revocation of Registration

Marginal note:Revocation of registration

  •  (1) A holder of a licence for sale must, without delay, revoke a client’s registration if

    • (a) the client — or, if applicable, a named responsible adult — requests it;

    • (b) the medical document that forms the basis for the registration is transferred to another holder of a licence for sale under section 287;

    • (c) the holder has reasonable grounds to believe the client has ceased to ordinarily reside in Canada or ceased to have a shipping address in Canada;

    • (d) the holder has reasonable grounds to believe that

      • (i) the registration was made on the basis of false or misleading information provided in, or false or falsified documents provided in support of, the registration application, or

      • (ii) false or misleading information was, or false or falsified documents were, provided in, or in support of, an amendment application under section 285;

    • (e) the health care practitioner who provided the medical document notifies the holder in writing that the use of cannabis by the client is no longer supported for clinical reasons;

    • (f) if the registration is based on a registration certificate, the holder becomes aware that the registration with the Minister has been revoked; or

    • (g) the client dies.

  • Marginal note:Revocation for business reason

    (2) A holder of a licence for sale may revoke a client’s registration for a business reason.

  • Marginal note:Revocation of all registrations

    (3) A holder of a licence for sale whose licence is revoked must, without delay, revoke the registrations of all of their clients and send each client a written notice that sets out the reason for the revocation.

  • Marginal note:Notice

    (4) Before revoking a registration under subsection (1) or (2), the holder must send the client a written notice that sets out the reason for the proposed revocation unless

    • (a) the client has requested that the registration be revoked or that the medical document that forms the basis for the registration be transferred;

    • (b) the named responsible adult, if any, who signed the most recent statement that was included in an application that was submitted under section 279 or 285 to the holder in respect of the client has requested that the registration be revoked or that the medical document that forms the basis for the registration be transferred;

    • (c) the client — or, if applicable, the named responsible adult referred to in paragraph (b) — has consented to the transfer of the medical document that forms the basis for the registration;

    • (d) the client has died; or

    • (e) the holder has received a notice of revocation referred to in subsection 319(1) in respect of the client.

  • Marginal note:Opportunity to be heard

    (5) If the holder sends a notice under subsection (4), the holder must not revoke the registration unless the client has had 10 days after the day on which they receive the notice to provide reasons why the revocation is unfounded.

  • Marginal note:Medical document

    (6) If the holder revokes a registration that is based on a medical document, they must, without delay, return the document to the client unless

    • (a) it is clear that the document is false or falsified; or

    • (b) the registration is revoked for a reason referred to in paragraph (1)(b), (e) or (g).

  • Marginal note:Notice to Minister

    (7) If the holder revokes a registration that is based on a registration certificate, they must, as soon as feasible, provide the Minister with a notice that includes the following information:

    • (a) the given name, surname and date of birth of the registered person named in the certificate;

    • (b) the registration number indicated in the certificate;

    • (c) the date of the revocation; and

    • (d) the reason for the revocation.

 
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