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Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2019-12-03 and last amended on 2019-10-17. Previous Versions

PART 8Drugs Containing Cannabis (continued)

DIVISION 1Licence (continued)

Changes (continued)

Marginal note:Notification — various changes

  •  (1) A holder of a cannabis drug licence must notify the Minister of any of the following changes within five days after the change occurs:

    • (a) a change to the mailing address, telephone number, email address and facsimile number of the holder; and

    • (b) a change to the plan of the licensed site that does not require different security measures to be implemented in order to comply with Part 4.

  • Marginal note:Notification — content

    (2) The notification must include

    • (a) a description of the change; and

    • (b) a declaration, signed and dated by the senior person in charge, indicating that all information provided in support of the notification is correct and complete to the best of their knowledge.

Marginal note:Cessation of activities

  •  (1) A holder of a cannabis drug licence that intends to cease conducting all the activities authorized by the licence — whether before or on the date of expiry of the licence — must provide to the Minister a written notice to that effect at least 30 days before the day on which those activities cease.

  • Marginal note:Content of notice

    (2) The notice must be signed and dated by the senior person in charge and contain the following information:

    • (a) the date on which activities are expected to cease;

    • (b) a description of the manner in which any cannabis remaining at the site as of the date referred to in paragraph (a) will be disposed of by the holder, including

      • (i) if the cannabis will be sold or distributed, in whole or in part, the name and address of the person to which it will be sold or distributed, and

      • (ii) if it will be destroyed, in whole or in part, the day on which and the location at which the destruction is to take place;

    • (c) the address of the location at which the holder’s records, reports, electronic data and other documents that are required to be retained under the Act by the holder, will be retained after activities have ceased; and

    • (d) the name, address, telephone number and, if applicable, facsimile number and email address of a person from which the Minister may obtain further information after activities have ceased.

  • Marginal note:Update

    (3) After having ceased the activities, the holder must submit to the Minister an update of the information referred to in paragraphs (2)(a) to (d), if it differs from what was set out in the notice submitted under subsection (1). The update must be signed and dated by the senior person in charge.

Refusal, suspension and revocation

Marginal note:Other grounds for refusal

 For the purpose of paragraph 62(7)(h) of the Act, the other grounds for refusing to issue, renew or amend a cannabis drug licence are as follows:

  • (a) the applicant does not hold an establishment licence that is necessary to authorize them to conduct, at the site proposed in the application or at a building within the site, the activities in relation to drugs containing cannabis that they intend to conduct there;

  • (a.1) the Minister of Health suspends, in respect of an activity that the applicant intends to conduct in relation to drugs containing cannabis, an establishment licence that is necessary to authorize the applicant to conduct that activity at the site proposed in the application or at a building within the site;

  • (b) the holder of the cannabis drug licence applies for an amendment to change the location of the site where an activity that is authorized by the licence may be conducted; and

  • (c) in respect of the renewal or amendment of the licence, the holder of the licence does not hold the cannabis licence issued under subsection 14(1.1) of the Excise Act, 2001, if it is required;

  • SOR/2019-206, s. 51

Marginal note:Suspension — other circumstance

 For the purpose of paragraph 64(1)(b) of the Act, other circumstances for the suspension of a cannabis drug licence are the following:

  • (a) the Minister of Health suspends, in respect of an activity that the holder of the cannabis drug licence is authorized to conduct under the licence, an establishment licence that is necessary to authorize the holder to conduct that activity at the site or at a building within the site;

  • (b) the cannabis licence issued to the holder of the cannabis drug licence under subsection 14(1.1) of the Excise Act, 2001 is suspended under subsection 23(2) of that Act.

  • SOR/2019-206, s. 52

Marginal note:Revocation — other circumstances

 For the purpose of paragraph 65(h) of the Act, other circumstances for the revocation of a cannabis drug licence are the following:

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

  • (b) the holder of the licence has requested its revocation in writing;

  • (c) the holder of the licence no longer holds an establishment licence that is necessary to authorize them to conduct, at the site or at a building within the site, an activity that is authorized under the cannabis drug licence; and

  • (d) the holder of the licence no longer holds the cannabis licence referred to in subsection 14(1.1) of the Excise Act, 2001, if it is required.

  • SOR/2019-206, s. 53

Security

Marginal note:Security obligations

 A holder of a cannabis drug licence must

  • (a) take reasonable steps to protect the cannabis they possess against theft or loss;

  • (b) if they experience a theft of cannabis or a loss of cannabis that cannot be explained on the basis of normally accepted operations,

    • (i) notify a police force within 24 hours after becoming aware of its theft or loss, and

    • (ii) notify the Minister, in writing, within 10 days after becoming aware of its theft or loss; and

  • (c) take any steps that are necessary to ensure the safekeeping of cannabis when distributing it.

DIVISION 2Possession, Pharmacists, Practitioners and Hospitals

General Provisions

Marginal note:Possession — Person

 The following persons, if they have obtained a drug containing cannabis either in accordance with these Regulations, or from a person that is exempt under section 140 of the Act from the application of subsections 9(1) and (2) and 10(1) and (2) of the Act with respect to that drug, are authorized to possess the drug:

  • (a) a pharmacist, a practitioner who is entitled to practise in the province in which they possess the drug or a holder of a cannabis drug licence, if they require the drug for their business or profession;

  • (b) a practitioner who is entitled to practise in a province other than the province in which they possess the drug and their possession is for emergency medical purposes only;

  • (c) a hospital employee or a practitioner in a hospital;

  • (d) an individual who possesses a quantity of the drug that exceeds the applicable limit under the Act and has obtained the drug for their own use or for their animal from a practitioner or in accordance with a prescription that was not issued or obtained in contravention of these Regulations;

  • (e) an individual who possesses a quantity of the drug that exceeds the applicable limit under the Act and has reasonable grounds to believe that the drug was obtained by another individual in accordance with paragraph (d) if the possession is for the purpose of its return or destruction;

  • (f) a licensed dealer, if the possession is for the purpose of its destruction;

  • (g) a person to which an exemption has been granted under section 140 of the Act with respect to the possession of that drug, if the possession is for a purpose set out in the exemption; or

  • (h) the Minister.

Marginal note:Possession — quantity allowed

 Any quantity of drug containing cannabis that an individual is authorized to possess under paragraph 159(d) or (e) is in addition to any other quantity of cannabis that the individual is authorized to possess under the Act.

Marginal note:Authorization

 Subject to the other provisions of these Regulations, an individual referred to in paragraph 159(d) or (e) is authorized to distribute a drug containing cannabis to a pharmacist for its destruction.

Marginal note:Promotion — communication of brand name, etc.

 Subject to the other provisions of these Regulations, a person is authorized to promote a prescription drug by communicating the brand name, the proper name, the common name, the price or the quantity of the drug.

 
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