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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 3Health Professionals and Hospitals (continued)

Hospitals (continued)

Marginal note:Possession — hospital employees

 A hospital employee is authorized to possess cannabis products, other than cannabis plants or cannabis plant seeds, if

  • (a) the cannabis products have been obtained in accordance with section 348 or 350; and

  • (b) the employee requires the cannabis products for the purposes of, and in connection with, their employment.

Marginal note:Return and replacement

  •  (1) An individual to whom cannabis products are distributed or sold under paragraph 348(2)(b) may return them to a hospital employee who is authorized to distribute or sell cannabis products if the employee accepts the return.

  • Marginal note:Return of more than 30 g

    (2) The individual returning the cannabis products must comply with the requirements set out in subsection 292(4) if they are returning more than the equivalent of 30 g of dried cannabis and are sending the cannabis products or having them delivered to the hospital.

  • Marginal note:Replacement of cannabis products

    (3) The individual in charge of the hospital may, subject to the limit referred to in paragraph 348(3)(a), permit cannabis products that have been returned to be replaced.

Marginal note:Retention of documents

  •  (1) An individual who is in charge of a hospital must ensure that documents that contain the following information are retained:

    • (a) in respect of cannabis products that are received at the hospital,

      • (i) the class of cannabis set out in Schedule 4 to the Act to which the cannabis products belong and their brand names,

      • (ii) the quantity of cannabis that is received,

      • (iii) the name and address of the person from which the cannabis products are received, and

      • (iv) the date on which the cannabis products are received;

    • (b) in respect of cannabis products that are distributed or sold for a patient,

      • (i) the given name and surname of the patient,

      • (ii) the given name, surname and profession of the health care practitioner who signed the relevant medical document or written order, together with the date on which it was signed,

      • (iii) the daily quantity of dried cannabis that is specified in the medical document or written order referred to in subparagraph (ii) and, if applicable, the period of use that is specified,

      • (iv) the class of cannabis set out in Schedule 4 to the Act to which the cannabis products belong,

      • (v) the quantity of cannabis that is distributed or sold, and

      • (vi) the date on which the cannabis products are distributed or sold; and

    • (c) in respect of cannabis products that are distributed or sold to a person that is authorized to sell or distribute such products — other than an adult referred to in paragraph 266(1)(d) or (e) — or that are returned under subsection 348(7),

      • (i) the name of the person to which the cannabis products are distributed, sold or returned,

      • (ii) the date on which the cannabis products are distributed, sold or returned,

      • (iii) the quantity of cannabis that is distributed, sold or returned,

      • (iv) the brand names of the cannabis products, and

      • (v) in the case of cannabis products that are distributed, sold or returned under subsection 348(7), the address of the person to which they are distributed, sold or returned.

  • Marginal note:Retention period

    (2) The individual in charge of the hospital must ensure that the documents are retained for at least two years after the day on which they are prepared.

Marginal note:Cessation of operations — hospital

 If a hospital ceases operations, the individual who was in charge of the hospital must, in respect of any document that they were required to retain under this Part and for which the retention period has not yet ended,

  • (a) ensure that the document continues to be retained until the end of the retention period; and

  • (b) notify the Minister, in writing, of the address of the place of business at which the document is retained and of any subsequent change to the address.

Nurses

Marginal note:Disclosure to nursing statutory body

  •  (1) The Minister must disclose, in writing, factual information about a nurse — in relation to cannabis — that has been obtained under the Act or the Controlled Drugs and Substances Act to

    • (a) the nursing statutory body for a province in which the nurse is, or was, entitled to practise if

    • (b) the nursing statutory body for a province in which the nurse is not entitled to practise if the nursing statutory body submits to the Minister

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

      • (ii) a document that shows that

        • (A) the nurse has applied to the nursing statutory body to practise in that province, or

        • (B) the nursing statutory body has reasonable grounds to believe that the nurse is practising in that province without being authorized to do so.

  • Marginal note:Definitions

    (2) The following definitions apply in this section.

    nurse

    nurse means an individual — other than a nurse practitioner — who is authorized by a nursing statutory body to practise nursing. (infirmier)

    nursing statutory body

    nursing statutory body means the authority that is responsible for authorizing individuals to practise nursing in a province. (organisme régissant la profession d’infirmier)

PART 15Transitional Provisions

Marginal note:Licences — former Access to Cannabis for Medical Purposes Regulations

 A licence issued under the former Access to Cannabis for Medical Purposes Regulations, as set out in column 1 of the table to this section, is deemed to be a licence of the class set out in column 2, and one of the licences of the subclass set out in column 3 if the holder of the licence meets the requirements, if any, in that column for that subclass.

TABLE

Column 1Column 2Column 3
ItemLicence issued under section 35 of the former Access to Cannabis for Medical Purposes RegulationsClass of licenceSubclass of licence and requirements
1Licence authorizing the production of fresh or dried marihuana, or marihuana plants or seedsLicence for cultivationLicence for standard cultivation if the requirements in Division 1 of Part 4 are met
Licence for micro-cultivation if the requirements in sections 13 and 74 are met
Licence for a nursery if the requirements in sections 16 and 74 are met
2Licence authorizing the production of cannabis oil or cannabis resinLicence for processingLicence for standard processing if the requirements in Division 1 of Part 4 are met
Licence for micro-processing if the requirements in sections 21 and 74 are met
3Licence authorizing the activities referred to in subsection 22(4) or (5) of the former Access to Cannabis for Medical Purposes RegulationsLicence for saleLicence for sale for medical purposes
 
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