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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 14Access to Cannabis for Medical Purposes (continued)

DIVISION 2Registration with Minister (continued)

SUBDIVISION BProduction (continued)

Marginal note:Participation by registered person

 If a designated person is specified in a registration certificate, the registered person may, if they are an adult, participate in the activities that the designated person is authorized to conduct under subsection 322(1).

Marginal note:Former designated person

 An individual who ceases to be a designated person may, within seven days after ceasing to be designated, conduct the activities referred to in paragraph 322(1)(c) in accordance with that paragraph unless the registration has expired or has been revoked.

Marginal note:Maximum number of plants

  •  (1) If the production area is entirely indoors, the maximum number of cannabis plants that may be under production at a production site by virtue of a registration is determined by the formula

    [(A × 365) ÷ (B × 3C)] × 1.2

    where

    A
    is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration;
    B
    is 30 g, being the expected yield of dried cannabis per plant; and
    C
    is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting.
  • Marginal note:Outdoor production only

    (2) If the production area is entirely outdoors, the maximum number of cannabis plants that may be under production at a production site by virtue of a registration is determined by the formula

    [(A × 365) ÷ (B × C)] × 1.3

    where

    A
    is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration;
    B
    is 250 g, being the expected yield of dried cannabis per plant; and
    C
    is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting.
  • Marginal note:Indoor and outdoor production

    (3) If the production area is partly indoors and partly outdoors, the maximum number of cannabis plants that may be under production at a production site by virtue of a registration is determined

    • (a) for the indoor production period, by the formula

      [(A × 182.5) ÷ (B × 2C)] × 1.2

      where

      A
      is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration,
      B
      is 30 g, being the expected yield of dried cannabis per plant, and
      C
      is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting; and
    • (b) for the outdoor production period, by the formula

      [(A × 182.5) ÷ (B × C)] × 1.3

      where

      A
      is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration,
      B
      is 250 g, being the expected yield of dried cannabis per plant, and
      C
      is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting.
  • Marginal note:Rounding

    (4) If the maximum number of cannabis plants determined under this section is not a whole number, it is to be rounded to the next highest whole number.

Marginal note:Prohibition — production of plants

  •  (1) An individual who is authorized to produce cannabis plants under this Division must not cultivate, propagate or harvest them

    • (a) indoors and outdoors at the same time; or

    • (b) outdoors if the production site is adjacent to a school, public playground, daycare facility or other public place frequented mainly by individuals under 18 years of age.

  • Marginal note:Time limit — transportation of plants

    (2) If the production site of an individual who is authorized to produce cannabis plants under this Division is different from the place where the individual ordinarily resides, the individual must not transport to the production site cannabis plants that were ordered in accordance with section 289 if it has been more than seven days after the individual received the plants at their place of residence.

SUBDIVISION CSecurity Obligations

Marginal note:Security of cannabis and documents

  •  (1) A registered person who is authorized to produce cannabis, or for whom cannabis may be produced by a designated person, under this Division — or, if applicable, any adult who is named in the registration certificate of the registered person — must

    • (a) take reasonable steps to ensure the security of

      • (i) the cannabis in their possession that was produced under this Division, and

      • (ii) the registration certificate, if they possess it;

    • (b) report the theft or loss of anything referred to in paragraph (a) to a police force within 24 hours after becoming aware of the theft or loss; and

    • (c) report the theft or loss of anything referred to in paragraph (a) to the Minister, in writing, within 72 hours after becoming aware of the theft or loss and include confirmation that the requirement set out in paragraph (b) has been complied with.

  • Marginal note:Designated person

    (2) The requirements set out in subsection (1) also apply to a designated person in respect of

    • (a) cannabis in their possession that they produced under this Division; and

    • (b) the document referred to in subsection 313(3).

SUBDIVISION DDisclosure of Information

Marginal note:Disclosure to licensing authorities

  •  (1) At any time after receiving a medical document that forms the basis for an application under this Division, the Minister may disclose, in respect of the health care practitioner who is named in the medical document, the following information to the provincial professional licensing authority for the province identified in the medical document under paragraph 273(1)(b):

    • (a) the given name, surname and business address of the health care practitioner, together with the number assigned by the province to the health care practitioner’s authorization to practise;

    • (b) the daily quantity of dried cannabis that is specified in the medical document; and

    • (c) the name of the province that is specified in the application under paragraph 312(2)(b).

  • Marginal note:Disclosure after registration

    (2) At any time after registering an individual under this Division, the Minister may disclose, in respect of the health care practitioner who is named in the medical document that forms the basis for the registration, the following information to the provincial professional licensing authority for the province identified in the document under paragraph 273(1)(b):

    • (a) the given name, surname and date of birth of the individual who is or was registered with the Minister;

    • (b) the postal code for the address of the place indicated in the medical document as the place where the individual ordinarily resides;

    • (c) the period of use that is specified in the medical document; and

    • (d) the date on which the medical document was signed by the health care practitioner.

  • Marginal note:Definition of health care practitioner

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

Marginal note:Disclosure to police

 The Minister may disclose any of the following information to a Canadian police force, or a member of a Canadian police force, that requests the information in the course of an investigation under the Act, on condition that the information is used only for the purposes of the investigation or the administration and enforcement of the Act or these Regulations:

  • (a) in respect of a named individual, whether the individual is a registered person, a designated person or an adult who is named in a registration certificate under paragraph 313(2)(c);

  • (b) in respect of a specified address, whether the address is

    • (i) the place where a registered person or designated person ordinarily resides and, if so, the name of that person and the registration number, or

    • (ii) the site where the production of cannabis plants is authorized under a registration and, if so, the registration number, the name of the individual who is authorized to produce and, if that individual is a designated person and the registered person is an adult, the name of the registered person; and

  • (c) in respect of a registration,

    • (i) the given name, surname and date of birth of the registered person and, if applicable, the designated person and any adult who is named in the registration certificate under paragraph 313(2)(c),

    • (ii) the full address of the place where the registered person and, if applicable, the designated person ordinarily reside,

    • (iii) the registration number,

    • (iv) the maximum quantity of dried cannabis that the registered person is authorized to possess, as indicated in the registration certificate,

    • (v) the effective date and date of expiry of the registration,

    • (vi) if the registration remains valid by virtue of subsection 314(2), the status of the renewal application,

    • (vii) the full address of the site where the production of cannabis plants is authorized,

    • (viii) whether the authorized production area is indoors, outdoors or partly indoors and partly outdoors, and

    • (ix) the maximum number of cannabis plants that may be produced at the production site and, if applicable, the maximum number of cannabis plants that may be produced for each indoor and outdoor production period.

 
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