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Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2019-11-19 and last amended on 2019-10-17. Previous Versions

PART 14Access to Cannabis for Medical Purposes (continued)

Health Care Practitioners (continued)

Marginal note:Medical document

  •  (1) A medical document that is provided under paragraph 272(1)(a) must indicate

    • (a) the health care practitioner’s given name, surname, profession, business address and telephone number and, if applicable, their facsimile number and email address;

    • (b) the province in which the health care practitioner is authorized to practise their profession and the number assigned by the province to that authorization;

    • (c) the given name, surname and date of birth of the individual who is under the professional treatment of the health care practitioner;

    • (d) the address of the location at which the individual consulted with the health care practitioner;

    • (e) the daily quantity of dried cannabis, expressed in grams, that the health care practitioner authorizes for the individual; and

    • (f) a period of use, specified as a number of days, weeks or months.

  • Marginal note:Maximum period

    (2) The period of use specified in a medical document must not exceed one year.

  • Marginal note:Signature and statement

    (3) A medical document must be signed and dated by the health care practitioner who is providing it and must include a statement confirming that the information in the document is correct and complete.

  • Marginal note:Validity of medical document

    (4) A medical document is valid for the period of use specified in it, which period begins on

    • (a) the date on which the individual referred to in paragraph (1)(c) is registered with a holder of a licence for sale on the basis of the document or, if there have been previous registrations on the basis of the document, the earliest registration date; or

    • (b) if the individual referred to in paragraph (1)(c) uses the document to register with the Minister under Division 2 of this Part and has not previously been registered with a holder of a licence for sale on the basis of the document, the date of the registration with the Minister.

Marginal note:Written order

 A written order that is issued under paragraph 272(1)(b) must be signed and dated by the health care practitioner and must indicate

  • (a) the health care practitioner’s given name, surname and profession;

  • (b) the given name and surname of the individual who is under the professional treatment of the health care practitioner; and

  • (c) the daily quantity of dried cannabis, expressed in grams, that the health care practitioner authorizes for the individual.

General Prohibitions

Marginal note:Alteration of documents

 It is prohibited to alter or deface a medical document or other document that is issued or provided under this Part.

Marginal note:Obtaining from more than one source

  •  (1) It is prohibited to seek or obtain a cannabis product from more than one source at a time on the basis of the same medical document.

  • Marginal note:Exception

    (2) Despite subsection (1), if a medical document forms the basis for a registration with the Minister under Division 2 of this Part, the registration certificate may be used to obtain

    • (a) cannabis products, other than cannabis plants and cannabis plant seeds, from, or through, a single holder of a licence for sale; and

    • (b) cannabis plants or cannabis plant seeds from one or more holders of a licence for sale.

DIVISION 1Holders of Licence for Sale

Notice to Licensing Authorities

Marginal note:Notice to licensing authorities

  •  (1) A holder of a licence for sale must, within 30 days after the issuance of their licence, provide a written notice to each provincial professional licensing authority and a copy to the Minister.

  • Marginal note:Content of notice

    (2) The notice must contain

    • (a) the name of the holder, the mailing address of the site specified in the licence and, if applicable, the holder’s email address; and

    • (b) the effective date of the licence.

Registration of Clients

Marginal note:Eligibility — client

 An individual is eligible to be a client of a holder of a licence for sale only if the individual ordinarily resides in Canada.

Marginal note:Registration application

  •  (1) Before registering an individual as a client, a holder of a licence for sale must receive a registration application, together with the original of the individual’s medical document or a copy of their registration certificate.

  • Marginal note:Application on basis of medical document

    (2) An application that is submitted on the basis of a medical document must include

    • (a) the applicant’s given name, surname and date of birth;

    • (b) either

      • (i) the address of the place in Canada where the applicant ordinarily resides, as well as, if applicable, their telephone number, facsimile number and email address, or

      • (ii) if the applicant ordinarily resides in Canada but does not ordinarily reside at a specific place, the address as well as, if applicable, the telephone number, facsimile number and email address of a shelter, hostel or similar institution located in Canada that provides them with food, lodging or other social services;

    • (c) the mailing address of the place referred to in paragraph (b) if different from the address provided under that paragraph;

    • (d) if the place referred to in subparagraph (b)(i) is an establishment that is not a private residence, the type and name of the establishment;

    • (e) an indication of whether the shipping address is to be

      • (i) the address referred to in subparagraph (b)(i),

      • (ii) the mailing address of the place referred to in subparagraph (b)(i), or

      • (iii) if the health care practitioner who provided the medical document has consented to receive cannabis products on behalf of the applicant, the address of the health care practitioner;

    • (f) if applicable, the given name, surname and date of birth of one or more adults who are responsible for the applicant; and

    • (g) a statement signed and dated by the applicant, or an adult who is named under paragraph (f), confirming that

      • (i) the applicant ordinarily resides in Canada,

      • (ii) the information in the application is correct and complete,

      • (iii) the medical document that forms the basis for the application has not, to the knowledge of the individual signing the statement, been altered,

      • (iv) the medical document is not being used to seek or obtain cannabis products from another source,

      • (v) in the case where the applicant is signing the statement, they intend to use any cannabis product that is supplied to them on the basis of the application only for their own medical purposes, and

      • (vi) in the case where an adult who is named under paragraph (f) is signing the statement, they are responsible for the applicant.

  • Marginal note:Application on basis of registration certificate

    (3) An application that is submitted on the basis of a registration certificate must include

    • (a) the information referred to in paragraphs (2)(a) to (d), as applicable;

    • (b) an indication of whether the application is being made to obtain

      • (i) cannabis products, other than cannabis plants or cannabis plant seeds,

      • (ii) cannabis plants or cannabis plant seeds, or both, or

      • (iii) cannabis products referred to in both subparagraphs (i) and (ii);

    • (c) if the application is being made to obtain cannabis products, other than cannabis plants or cannabis plant seeds, an indication of which of the addresses referred to in paragraph (2)(e) is to be the shipping address;

    • (d) if the application is being made to obtain cannabis plants or cannabis plant seeds, an indication of whether the shipping address is to be

      • (i) the address of the place where the applicant ordinarily resides,

      • (ii) the address of the place where the designated person, if any, ordinarily resides, or

      • (iii) the address of the site for the production of cannabis that is specified in the registration certificate; and

    • (e) a statement signed and dated by the applicant, or an adult who is named in the registration certificate under paragraph 313(2)(c), confirming that

      • (i) the applicant ordinarily resides in Canada,

      • (ii) the information in the application is correct and complete,

      • (iii) the copy of the registration certificate is an accurate reproduction of the original,

      • (iv) if the application is being made to obtain cannabis products other than cannabis plants or cannabis plant seeds, the registration certificate is not being used to seek or obtain the cannabis products from another source,

      • (v) in the case where the applicant is signing the statement, they intend to use any cannabis product that is supplied to them on the basis of the application only for their own medical purposes, and

      • (vi) in the case where an adult who is named in the registration certificate is signing the statement, they are responsible for the applicant.

  • Marginal note:Applicant without ordinary residence

    (4) If an institution’s address is included in the application in accordance with subparagraph (2)(b)(ii), the application must include a statement that is signed and dated by a manager of the institution confirming that it provides food, lodging or other social services to the applicant.

 
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