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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 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) a 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.

  • SOR/2019-206, s. 58(E)

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

  •  (1) A holder of a licence must retain, for each lot or batch of cannabis — other than a cannabis extract, a cannabis topical or edible cannabis — 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;

    • (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; and

    • (g) except in the case of cannabis plants or cannabis plant seeds, any information that is obtained through testing and that relates to the phytocannabinoid and terpene content of the cannabis.

  • Marginal note:Packaging

    (2) A holder of a licence must retain, for each lot or batch of cannabis — other than a cannabis extract, a cannabis topical or edible cannabis — 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.

  • SOR/2019-206, s. 59

Marginal note:Inventory — cannabis extract, etc.

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

    • (a) the date of production and the net weight or volume of the cannabis extract, cannabis topical or edible cannabis on that date;

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

    • (c) in respect of the cannabis that is used to produce the cannabis extract, cannabis topical or edible cannabis,

      • (i) its description,

      • (ii) its net weight or volume,

      • (iii) its lot or batch number, and

      • (iv) the date on which it was produced;

    • (d) if the cannabis extract, cannabis topical or edible cannabis is or will become a cannabis product or is or will be contained in a cannabis accessory that is or will become a cannabis product,

      • (i) the list of ingredients that is required to appear on the label of the cannabis product, and

      • (ii) the net weight, net volume or concentration by weight or volume of each of those ingredients;

    • (e) if the cannabis extract is or will become a cannabis product or is or will be contained in a cannabis accessory that is or will become a cannabis product,

      • (i) an indication of whether each ingredient that is required to appear on the label of the cannabis product is a carrier substance, flavouring agent or substance that is necessary to maintain the quality or stability of the cannabis product,

      • (ii) any additional information in the possession of the holder that relates to the purpose of each ingredient, and

      • (iii) a description of the flavour, if any, of the cannabis product; and

    • (f) any information that is obtained through testing and that relates to the phytocannabinoid and terpene content of the cannabis extract, cannabis topical or edible cannabis.

  • Marginal note:Exception to subparagraph (1)(d)(ii)

    (1.1) The document is not required to contain the information referred to in subparagraph (1)(d)(ii) in respect of an ingredient if

    • (a) the ingredient is part of a mixture of substances that was used in the production of cannabis referred to in paragraph (1)(d);

    • (b) the holder obtained the mixture from another person;

    • (c) the information has not been disclosed to the holder;

    • (d) the holder has made the necessary arrangements to ensure that the information will be provided to the Minister if, within the retention period referred to in subsection (3), the Minister requires the holder to provide it; and

    • (e) the document contains the net weight or volume of the mixture at the time it was used to produce the cannabis.

  • Marginal note:Exception to subparagraph (1)(e)(i)

    (1.2) The document is not required to contain the information referred to in subparagraph (1)(e)(i) in respect of an ingredient if

    • (a) the requirements in paragraphs (1.1)(a) to (d) are met; and

    • (b) the holder includes in the document an indication of whether the mixture referred to in paragraph (1.1)(a) contains carrier substances, flavouring agents, substances that are necessary to maintain the quality or stability of the cannabis product, or a combination of any of these.

  • Marginal note:Packaging

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

    • (a) a description of the cannabis extract, cannabis topical or edible cannabis, including the brand name, if applicable;

    • (b) the date on which the cannabis extract, cannabis topical or edible cannabis 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.

  • SOR/2019-206, s. 60
 
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