Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2019-05-07 and last amended on 2019-01-15. Previous Versions

PART 2Licensing (continued)

Licence for Research

Marginal note:Authorized activities

  •  (1) Subject to the other provisions of these Regulations, a holder of a licence for research is authorized to conduct those of the following activities, that are authorized by the licence:

    • (a) for the purpose of research,

      • (i) to possess cannabis,

      • (ii) to produce cannabis, and

      • (iii) to transport, send or deliver cannabis between the sites that are set out by the licence; and

    • (b) to sell cannabis plants and cannabis plant seeds to any of the following:

      • (i) a holder of a licence for cultivation,

      • (ii) another holder of a licence for research,

      • (iii) a holder of a cannabis drug licence,

      • (iv) the Minister, or

      • (v) a person to which an exemption has been granted under section 140 of the Act in relation to the cannabis or class of cannabis that is sold or distributed.

  • Marginal note:Offer

    (2) A holder of a licence for research that is authorized to conduct the activity referred to in subparagraph (1)(a)(ii) is also authorized to offer to obtain cannabis by any method authorized by the licence.

  • Marginal note:Use of organic solvent

    (3) A holder of a licence for research that is authorized to obtain cannabis by altering its chemical or physical properties by any means is also authorized to alter or offer to alter its chemical or physical properties by the use of an organic solvent when conducting that activity.

  • Marginal note:Administer and distribute — research subject

    (4) A holder of a licence for research is also authorized, for the purpose of research, to administer and distribute cannabis to a research subject.

  • Marginal note:Distribution

    (5) A holder of a licence for research is also authorized to distribute

    • (a) cannabis to any of the following:

      • (i) another holder of a licence for research,

      • (ii) a holder of a licence for analytical testing,

      • (iii) a holder of a cannabis drug licence, or

      • (iv) the Minister; and

    • (b) cannabis plants and cannabis plant seeds to the following:

      • (i) a holder of a licence for cultivation, or

      • (ii) a person to which an exemption has been granted under section 140 of the Act in relation to the cannabis or class of cannabis that is sold or distributed.

Refusal, Suspension and Revocation

Marginal note:Refusal to issue, renew or amend — other grounds

 For the purpose of paragraph 62(7)(h) of the Act, other grounds for refusing to issue, renew or amend a licence are the following:

  • (a) an individual who is required to hold a security clearance under section 50 in respect of an application does not hold such a security clearance;

  • (b) in respect of the renewal or amendment of a licence, the holder of the licence does not hold a cannabis licence issued under subsection 14(1.1) of the Excise Act, 2001, if it is required;

  • (c) in respect of the issuance or amendment of a licence for cultivation, the site proposed in the application would be authorized by another licence for cultivation;

  • (d) in respect of the issuance or amendment of a licence for micro-cultivation, the site proposed in the application would be authorized by a licence for standard processing and a licence for micro-cultivation;

  • (e) in respect of the issuance or amendment of a licence for standard cultivation, the site proposed in the application would be authorized by a licence for micro-processing and a licence for standard cultivation;

  • (f) in respect of the issuance or amendment of a licence for a nursery, the site proposed in the application would be authorized by a licence for processing and a licence for a nursery;

  • (g) in respect of the issuance or amendment of a licence for processing, the site proposed in the application would be authorized by another licence for processing;

  • (h) in respect of the issuance or amendment of a licence for processing, the site proposed in the application would be authorized by a licence for processing and a licence for a nursery;

  • (i) in respect of the issuance or amendment of a licence for micro-processing, the site proposed in the application would be authorized by a licence for standard cultivation and a licence for micro-processing; and

  • (j) in respect of the issuance or amendment of a licence for standard processing, the site proposed in the application would be authorized by a licence for micro-cultivation and a licence for standard processing.

Marginal note:Suspension — other circumstance

 For the purpose of paragraph 64(1)(b) of the Act, other circumstances for the suspension of a licence are the following:

  • (a) an individual who is required to hold a security clearance under section 50 in respect of the licence does not hold such a security clearance;

  • (b) the holder of a licence has failed to pay a fee in relation to the licence that is fixed under subsection 142(1) of the Act; and

  • (c) the cannabis licence issued to the holder under subsection 14(1.1) of the Excise Act, 2001 is suspended under subsection 23(2) of that Act.

Marginal note:Revocation — other circumstances

 For the purpose of paragraph 65(h) of the Act, other circumstances for the revocation of a licence are the following:

  • (a) the holder of the licence has requested, in writing, the revocation;

  • (b) the licence has been suspended and not reinstated because the reasons for the suspension still exist or the holder of the licence has not demonstrated to the Minister that the suspension is unfounded;

  • (c) since the issuance of the licence, a security clearance in respect of the licence has been refused; and

  • (d) the holder of the licence no longer holds the cannabis licence issued under subsection 14(1.1) of the Excise Act, 2001, if it is required.

Changes Relating to Licence

Marginal note:Amendment

 A holder of a licence must submit an application for an amendment to the licence if they propose to make any of the following changes:

  • (a) a change to the name of the holder of the licence;

  • (b) a change to the address of the site or building within the site where the activity is authorized; or

  • (c) a change to the authorized activity at the site or the authorized activity that may be conducted at each building within the site.

Marginal note:Minister’s approval

  •  (1) A holder of a licence that proposes to make a change to the site plan that would require physical security measures to be carried out in order to comply with Part 4 must obtain the Minister’s approval before making the change.

  • Marginal note:Application — content

    (2) The holder of a licence must, for the purpose of obtaining the Minister’s approval, submit an application that includes the following:

    • (a) a description of the change;

    • (b) the proposed site plan; and

    • (c) a declaration, signed and dated by the responsible person referred to in section 37, indicating that all information provided in support of the application is correct and complete to the best of their knowledge.

  • Marginal note:Additional information

    (3) The Minister may, on receiving an application for approval, 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:Notification — various changes

  •  (1) A holder of a licence must notify the Minister of any of the following changes within five days after the change occurs:

    • (a) a change to the mailing address, telephone number, email address or facsimile number of the holder;

    • (b) a change to the site plan, other than a change referred to in subsection 33(1);

    • (c) the replacement of an individual who must hold a security clearance referred to in any of paragraphs 50(b) to (g), (i) and (j) or the addition of another such individual, other than an individual who is designated as an alternate for the position of quality assurance person referred to in section 19; and

    • (d) in the case of a holder of a licence for cultivation, a licence for processing or a licence for sale, a change to the organizational security plan.

  • Marginal note:Notification — content

    (2) The notification must include the following:

    • (a) a description of the change; and

    • (b) a declaration, signed and dated by the responsible person referred to in section 37, indicating that all information provided in support of the notification is correct and complete to the best of their knowledge.

  • Marginal note:Additional information

    (3) In the case of a change referred to in paragraph (1)(c), the notification must also include the following:

    • (a) the name and date of birth of the individual who replaced an individual referred to in any of paragraphs 50(b) to (g), (i) and (j) or who was added as another such individual; and

    • (b) if the individual replaced a director or officer referred to in subparagraph 50(b)(i) or (c)(i) or was added as such a director or officer, the certificate of incorporation or other amended incorporating instrument of the corporation or cooperative.

 
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