Cannabis Regulations (SOR/2018-144)
Full Document:
- HTMLFull Document: Cannabis Regulations (Accessibility Buttons available) |
- XMLFull Document: Cannabis Regulations [1167 KB] |
- PDFFull Document: Cannabis Regulations [1922 KB]
Regulations are current to 2021-04-05 and last amended on 2020-10-17. Previous Versions
PART 13Test Kits (continued)
Marginal note:Additional information
259 The Minister may, on receiving an application referred to in section 258, require the submission of any additional information that pertains to the information contained in the application and that is necessary for the Minister to consider the application.
Marginal note:Issuance of a registration number
260 (1) Subject to subsection (2), the Minister must, after examining the information and documents required under sections 258 and 259, issue a registration number for the test kit to the applicant if the applicant demonstrates that the test kit is designed to be used solely for a medical, laboratory, industrial, educational, law administration or enforcement or research purpose.
Marginal note:Refusal
(2) The Minister must refuse to issue a registration number if he or she has reasonable grounds to believe that
Marginal note:Cancellation
261 (1) The Minister must cancel the registration number of a test kit if
(a) the Minister receives a notice from the holder of the registration number stating that it has ceased all authorized activities referred to in section 255, 256 or 257 with respect to the test kit;
(b) the Minister has reasonable grounds to believe that
(c) the test kit is a medical device and is no longer authorized for sale in Canada under the Medical Devices Regulations.
Marginal note:Effect of cancellation
(2) When a registration number issued for a test kit is cancelled, the cancelled registration number
(a) must not be displayed on the label of any test kit manufactured or assembled further to a custom order after the cancellation; and
(b) in the case of a cancellation under paragraph (1)(a), must remain on the label of any existing test kit until all of the test kits with that registration number are disposed of.
Marginal note:Refusal or cancellation
262 If the Minister proposes to refuse to issue or to cancel a registration number, the Minister must
(a) send a notice to the applicant or to the holder of the registration number that sets out the reasons for the refusal or cancellation; and
(b) give the applicant or holder an opportunity to be heard in respect of the refusal or cancellation.
Marginal note:Application for new number
263 (1) If a registration number issued for a test kit has been cancelled under section 261, the manufacturer or assembler of the test kit or, if the test kit is manufactured or assembled further to a custom order, the person for which the test kit was manufactured or assembled,
Marginal note:New registration number
(2) The Minister, after examining the application and supporting proof referred to in subsection (1), must issue a new registration number for the test kit unless there exists a circumstance set out in paragraph 261(1)(b) or (c).
PART 14Access to Cannabis for Medical Purposes
Interpretation
Marginal note:Definitions
264 (1) The following definitions apply in this Part.
- adult
adult means an individual who is 18 years of age or older. (adulte)
- designated person
designated person means an individual who is designated by a registered person, in accordance with Division 2 of this Part, to produce cannabis for the medical purposes of the registered person. (personne désignée)
- former Marihuana for Medical Purposes Regulations
former Marihuana for Medical Purposes Regulations means the regulations made by Order in Council P.C. 2013-645 of June 6, 2013 and registered as SOR/2013-119. (ancien Règlement sur la marihuana à des fins médicales)
- health care practitioner
health care practitioner means, except as otherwise provided, a medical practitioner or a nurse practitioner. (praticien de la santé)
- licence for sale
licence for sale means a licence for sale for medical purposes. (licence de vente)
- medical document
medical document means a document provided by a health care practitioner to support the use of cannabis for medical purposes. (document médical)
- medical practitioner
medical practitioner means an individual who
- named responsible adult
named responsible adult means, in respect of a client, an adult who is named in the client’s registration document under subparagraph 282(2)(a)(iv) or subsection 285(5). (responsable nommé)
- nurse practitioner
nurse practitioner means an individual who
(a) is entitled under the laws of a province to practise as a nurse practitioner or an equivalent designation and is practising as a nurse practitioner or an equivalent designation in that province;
(b) is not restricted, under the laws of the province in which they practise, from authorizing the use of cannabis; and
(c) is not named in a notice issued under section 335 that has not been retracted. (infirmier praticien)
- provincial professional licensing authority
provincial professional licensing authority means
- registered person
registered person means an individual who is registered with the Minister under subsection 313(1). (personne inscrite)
- registration certificate
registration certificate means a certificate issued by the Minister under subsection 313(1). (certificat d’inscription)
- registration document
registration document means a document provided under paragraph 282(2)(a) to a client by a holder of a licence for sale. (document d’inscription)
- written order
written order means a written authorization given by a health care practitioner that a stated amount of cannabis be dispensed for the individual named in the authorization. (commande écrite)
Marginal note:Equivalent designation — nurse practitioner
(2) For the purpose of paragraph (a) of the definition of nurse practitioner, a designation is equivalent when it designates an individual who
(a) is a registered nurse;
(b) possesses additional educational preparation and experience related to health care;
(c) can autonomously make diagnoses, order and interpret diagnostic tests, prescribe drugs and perform other specific procedures under the laws of a province; and
(d) is practising their profession in accordance with one of the following provincial laws, as amended from time to time, or a similar law in another province:
(i) the Extended Practice Regulation, Man. Reg. 43/2005, made under The Registered Nurses Act, C.C.S.M., c. R40,
(ii) Ontario Regulation 275/94, made under the Nursing Act, 1991, S.O. 1991, c. 32, or
(iii) the Regulation respecting the classes of specialization of the Ordre des infirmières et infirmiers du Québec for the activities referred to in section 36.1 of the Nurses Act to be engaged in, CQLR, c. I-8, r. 8, made under the Nurses Act of Quebec, CQLR, c. I-8.
Marginal note:Equivalent quantity — cannabis
(3) In the following provisions, the equivalency of a quantity of cannabis is to be determined in accordance with subsection 2(4) of the Act:
- Date modified: