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Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2020-07-28 and last amended on 2020-06-26. Previous Versions

PART 14Access to Cannabis for Medical Purposes (continued)

DIVISION 2Registration with Minister (continued)

SUBDIVISION ARegistration, Renewal, Amendment and Revocation (continued)

Marginal note:Registration with Minister

  •  (1) If the requirements set out in section 312 are met, the Minister must, subject to section 317, register the applicant and issue them a registration certificate.

  • Marginal note:Registration certificate

    (2) The registration certificate must contain the following information:

    • (a) the given name, surname and date of birth of the registered person and, if applicable, the designated person;

    • (b) the address specified in the application under paragraph 312(2)(b) and, if applicable, the address of the place where the designated person ordinarily resides;

    • (c) the given name, surname and date of birth of any adults who are named in the application under paragraph 312(2)(e);

    • (d) a unique registration number;

    • (e) the name of the health care practitioner who provided the medical document that forms the basis for the registration;

    • (f) the daily quantity of dried cannabis, expressed in grams, that is specified in the medical document that forms the basis for the registration;

    • (g) the maximum quantity of dried cannabis, expressed in grams, that the registered person is authorized to possess by virtue of the registration, as determined in accordance with subsection 266(3) or 267(3), as the case may be;

    • (h) the effective date of the registration;

    • (i) the date of expiry of the registration;

    • (j) if applicable, the type of production that is authorized, namely, production by the registered person or production by a designated person;

    • (k) if applicable, the full address of the site where the production of cannabis plants is authorized by virtue of the registration;

    • (l) if applicable, an indication of whether the authorized production area is entirely indoors, entirely outdoors or partly indoors and partly outdoors; and

    • (m) if applicable, the maximum number of cannabis plants, determined in accordance with section 325, that may be under production at the production site by virtue of the registration and, if applicable, the maximum number of plants for each indoor and outdoor production period.

  • Marginal note:Document for designated person

    (3) If a designated person is named in the registration certificate, the Minister must provide them with a document containing information relating to the production of cannabis that is authorized, including the information referred to in paragraphs (2)(g) to (m) and the given name and surname of any adults who are named in the registration certificate under paragraph (2)(c).

  • SOR/2020-149, s. 3

Marginal note:Expiry of registration

 The registration of a registered person expires at the end of the period of validity of the medical document that forms the basis for the registration, as determined in accordance with subsections 273(4) and (5).

  • SOR/2020-149, s. 4

Marginal note:Application to renew registration

  •  (1) To renew a registration, the registered person, or an adult who is responsible for them, must

    • (a) submit an application to the Minister that includes the registration number and the information and documents required under subsections 312(2) to (7); and

    • (b) ensure that a new medical document is sent to the Minister.

  • Marginal note:Extension of registration

    (2) If the Minister has received an application and medical document under subsection (1) but has not notified the applicant of the Minister’s decision in respect of the application before the current registration expires, the registration remains valid until the Minister notifies the applicant — and, in the case of a refusal to renew the registration, the designated person, if any — of the decision.

  • Marginal note:Renewal

    (3) If a renewal application has been submitted in accordance with paragraph (1)(a) and the Minister has received a new medical document under paragraph (1)(b), the Minister must, subject to section 317,

    • (a) renew the registration;

    • (b) provide the registered person with a new registration certificate; and

    • (c) if there is a designated person, provide them with an updated version of the document referred to in subsection 313(3).

  • Marginal note:Effect of renewal

    (4) For greater certainty, a renewed registration replaces the previous one.

Marginal note:Application to amend registration

  •  (1) Subject to subsection (2), to amend any of the information in a registration certificate, the registered person, or an adult who is responsible for them, must submit an application to the Minister that includes

    • (a) the registration number;

    • (b) a description of the proposed amendment and the supporting reasons for it;

    • (c) the information and documents referred to in section 312 that are relevant to the proposed amendment;

    • (d) the effective date of the event that has necessitated the application; and

    • (e) if there has been a change to the given name or surname of an individual who is named in the registration certificate under paragraph 313(2)(a) or (c), proof of the change.

  • Marginal note:New medical document

    (2) An amendment application cannot be submitted in respect of a new medical document.

  • Marginal note:Amendment

    (3) If an application is submitted in accordance with subsection (1), the Minister must, subject to section 317,

    • (a) amend the registration;

    • (b) provide the registered person with an amended registration certificate; and

    • (c) if there is a designated person, provide them with an updated version of the document referred to in subsection 313(3).

Marginal note:Consequences of renewal or amendment

  •  (1) If, as a result of the renewal or amendment of a registration, an individual ceases to be a designated person, the Minister must notify them of the loss of their authorization to produce cannabis under the registration.

  • Marginal note:Change of location

    (2) If, as a result of a renewal or amendment, the location of the authorized site for the production of cannabis plants — or the place of residence of the registered person or designated person — is changed, the Minister may specify the period during which the registered person or, if applicable, the designated person is authorized to transport cannabis from the former site or place of residence to the new site or place of residence.

Marginal note:Refusal to register, renew or amend

  •  (1) The Minister must refuse to register an applicant or to renew or amend a registration if

    • (a) the applicant is not eligible under subsection 309(1) or section 310;

    • (b) the medical document that forms the basis for the application does not meet all of the requirements of section 273 or is no longer valid;

    • (c) at the time the medical document was provided to the applicant, the individual who provided it

      • (i) was not a health care practitioner, or

      • (ii) was not entitled to practise their profession in the province in which the applicant consulted with them;

    • (d) the given name, surname or date of birth of the applicant is different from the given name, surname or date of birth that appears on the medical document;

    • (e) the health care practitioner who provided the medical document notifies the Minister in writing that the use of cannabis by the applicant is no longer supported for clinical reasons;

    • (f) the Minister has reasonable grounds to believe that false or misleading information has, or false or falsified documents have, been provided in, or in support of, the application;

    • (g) the registration, renewal or amendment would result in the applicant or, if applicable, the designated person being authorized to produce cannabis plants under more than two registrations;

    • (h) the registration, renewal or amendment would result in the proposed site for the production of cannabis plants being authorized under more than four registrations;

    • (i) in the case where the applicant intends to produce cannabis for their own medical purposes, the applicant is not eligible under subsection 309(2) or (3); and

    • (j) in the case where cannabis is to be produced by a designated person, the individual who has been designated is not eligible under section 311.

  • Marginal note:Power to refuse

    (2) The Minister may refuse to register an applicant or renew or amend a registration if, in the case where cannabis is to be produced by the applicant or a designated person, the registration, renewal or amendment is likely to create a risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity.

  • Marginal note:Notice and opportunity to be heard

    (3) Before refusing to register an applicant or refusing to amend or renew a registration, the Minister must send the applicant a written notice that sets out the reason for the proposed refusal and give them an opportunity to be heard.

 
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