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 14Access to Cannabis for Medical Purposes (continued)

DIVISION 1Holders of Licence for Sale (continued)

Return and Replacement of Cannabis (continued)

Marginal note:Replacement of returned cannabis

  •  (1) A holder of a licence for sale to which cannabis products, other than cannabis plants or cannabis plant seeds, are returned in accordance with section 292 may replace them with cannabis products, other than cannabis plants or cannabis plant seeds, in respect of which the total quantity of cannabis does not exceed the equivalent of 150 g of dried cannabis.

  • Marginal note:Plants or seeds

    (2) A holder of a licence for sale to which cannabis plants or cannabis plant seeds are returned in accordance with section 292 may replace them with a quantity of cannabis plants or cannabis plant seeds, or both, that does not exceed, taking into account the seed-to-plant ratio specified in subsection 290(2), the maximum number of plants, determined in accordance with section 325, that are authorized to be under production under the client’s registration with the Minister.

  • Marginal note:Processing licence

    (3) A holder of a licence for processing may replace cannabis products that have been returned in accordance with section 292 with cannabis products in respect of which the total quantity of cannabis, according to information provided by the holder of the licence for sale, does not exceed the applicable quantity of cannabis referred to in subsection (1) or (2).

  • Marginal note:Cultivation licence

    (4) A holder of a licence for cultivation may replace cannabis plants or cannabis plant seeds that have been returned in accordance with section 292 with a quantity of cannabis plants or cannabis plant seeds, or both, that, according to information provided by the holder of the licence for sale, does not exceed the quantity of cannabis plants or cannabis plant seeds that could be replaced by the holder of the licence for sale under subsection (2).

Sale, Display and Promotion to Young Persons

Marginal note:Sale of cannabis accessories to young persons

 A holder of a licence for sale is authorized to sell a cannabis accessory — other than a cannabis accessory referred to in section 31 of the Act or a device referred to in subsection 202(2) — to a young person if the holder takes reasonable steps to ensure that the young person is authorized to possess cannabis under section 267.

Marginal note:Display — young persons

  •  (1) A holder of a licence for sale is authorized to display a cannabis product, or a package or label of a cannabis product, in a manner that may result in the cannabis product, package or label being seen by a young person if the holder takes reasonable steps to ensure that any such young person is authorized to possess cannabis under section 267.

  • Marginal note:Cannabis accessories — young persons

    (2) A holder of a licence for sale that sells a cannabis accessory is authorized to display it, or its package or label, in a manner that may result in the cannabis accessory, package or label being seen by a young person if the holder takes reasonable steps to ensure that any such young person is authorized to possess cannabis under section 267.

Marginal note:Promotion of cannabis products — young persons

  •  (1) A holder of a licence for sale that promotes a cannabis product by means of informational promotion or brand-preference promotion that is communicated by means of a telecommunication is exempt from the condition set out in paragraph 17(2)(c) of the Act if they have taken reasonable steps to ensure that the promotion cannot be accessed by a young person other than a young person who is authorized to possess cannabis under section 267.

  • Marginal note:Promotion of cannabis accessories — young persons

    (2) A holder of a licence for sale that promotes a cannabis accessory by means of informational promotion or brand-preference promotion that is communicated by means of a telecommunication is exempt from the condition set out in paragraph 17(3)(c) of the Act if they have taken reasonable steps to ensure that the promotion cannot be accessed by a young person other than a young person who is authorized to possess cannabis under section 267.

Reports to Minister

Marginal note:Monthly reports

  •  (1) A holder of a licence for sale must, on or before the 15th day of each month, provide the Minister with a report that contains the following information:

    • (a) the number of clients who had a valid registration on the last day of the previous month;

    • (b) the number of clients who, in the previous month, had their medical document transferred to another holder of a licence for sale or returned to them at their request or at the request of a named responsible adult;

    • (c) in respect of the medical documents that formed the basis for registrations that were valid on the last day of the previous month,

      • (i) the average daily quantity of dried cannabis, expressed in grams,

      • (ii) the median daily quantity of dried cannabis, expressed in grams, and

      • (iii) the highest daily quantity of dried cannabis, expressed in grams;

    • (d) the number of applicants whom the holder refused to register during the previous month, including the number of them who were refused for each of the following reasons:

      • (i) the application was incomplete,

      • (ii) the holder had reasonable grounds to believe that false or misleading information was, or false or falsified documents were, provided in, or in support of, the application, and

      • (iii) the medical document or registration certificate that formed the basis for the application was not valid;

    • (e) the number of purchase orders referred to in subsection 289(1) that the holder refused to fill during the previous month, including the number of them that were refused for each of the following reasons:

      • (i) the purchase order was incomplete,

      • (ii) the client’s registration had expired or been revoked,

      • (iii) the purchase order specified cannabis products, other than cannabis plants or cannabis plant seeds, in respect of which the quantities of cannabis exceeded the equivalent of 150 g of dried cannabis, and

      • (iv) the cannabis product specified in the purchase order was unavailable;

    • (f) the given name, surname, profession and business address of each health care practitioner who provided a medical document referred to in paragraph (c), together with the province in which the health care practitioner was authorized to practise their profession at the time they signed the document and the number assigned by the province to that authorization; and

    • (g) the number of medical documents referred to in paragraph (c) that were signed by each health care practitioner referred to in paragraph (f).

  • Marginal note:Definition of health care practitioner

    (2) In this section, health care practitioner means an individual who is, or was, a medical practitioner or nurse practitioner.

Disclosure to Third Parties

Marginal note:Disclosure to police

  •  (1) A holder of a licence for sale must, if they are provided with an individual’s given name, surname, and date of birth by a member of a Canadian police force who requests information in the course of an investigation under the Act, disclose the following information to the police force as soon as feasible and no later than 72 hours after receiving the request:

    • (a) an indication of whether the individual is a client of the holder or a named responsible adult in respect of such a client;

    • (b) in the case where the individual is an individual referred to in paragraph (a),

      • (i) an indication of whether the client is a registered person and, if so, the classes of cannabis that the client is permitted to obtain by virtue of their registration with the holder, and

      • (ii) the daily quantity of dried cannabis that is specified in the client’s registration document in accordance with subparagraph 282(2)(a)(vi).

  • Marginal note:Use of information

    (2) Information provided under this section must be used only for the purposes of the investigation or the administration or enforcement of the Act or these Regulations.

Marginal note:Disclosure to licensing authority

  •  (1) A holder of a licence for sale must disclose, in writing and as soon as feasible, factual information about a health care practitioner — in relation to cannabis — that they have obtained under the Act or the Controlled Drugs and Substances Act to

    • (a) the provincial professional licensing authority for a province in which the health care practitioner is, or was, entitled to practise if the licensing authority submits to the holder a written request that sets out the health care practitioner’s name and address, a description of the information being requested and a statement that the information is required for the purpose of assisting an investigation by the authority; or

    • (b) the provincial professional licensing authority for a province in which the health care practitioner is not entitled to practise if the licensing authority submits to the holder

      • (i) a written request that sets out the health care practitioner’s name and address and a description of the information being requested, and

      • (ii) a document that shows that

        • (A) the health care practitioner has applied to the licensing authority to practise in that province, or

        • (B) the licensing authority has reasonable grounds to believe that the health care practitioner is practising in that province without being authorized to do so.

  • Marginal note:Factual information

    (2) The factual information that may be requested includes information — including patient information — contained in, or in respect of, any medical document that was signed by the health care practitioner.

  • Marginal note:Exception

    (3) Despite subsection (2), the factual information that may be requested does not include information relating to an individual who

    • (a) is or was registered as a client of the holder on the basis of a registration with the Minister under Division 2 of this Part; or

    • (b) in the case where the holder was a licensed producer under the former Access to Cannabis for Medical Purposes Regulations, was registered as a client of the licensed producer under section 133 of those Regulations on the basis of a registration with the Minister under Part 2 of those Regulations.

  • Marginal note:Secure transmission

    (4) The holder must ensure that the information that they disclose under this section is securely transmitted in an electronic format that is accessible to the provincial professional licensing authority.

  • Marginal note:Definition of health care practitioner

    (5) In this section, health care practitioner means an individual who is, or was, a medical practitioner or nurse practitioner.

 
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