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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 2Licensing (continued)

Refusal, Suspension and Revocation (continued)

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;

  • (c) the holder of a licence does not hold a cannabis licence issued under subsection 14(1.1) of the Excise Act, 2001, if it is required; and

  • (d) 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.

  • SOR/2019-206, s. 16

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;

  • (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; and

  • (e) in the case of a licence for processing, the holder has, since its issuance, been convicted of an offence under the Safe Food for Canadians Act or an Act referred to in subsection 374(2) of the Safe Food for Canadians Regulations.

  • SOR/2019-206, s. 17

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.

Marginal note:Notification to local authorities

  •  (1) A holder of a licence for cultivation, a licence for processing or a licence for sale that authorizes the possession of cannabis must, within 30 days after the issuance, amendment, suspension, reinstatement or revocation of the licence, provide a written notice to the local authorities referred to in paragraphs 7(1)(a) to (c) in the area in which the site set out in the licence is located and provide a copy of the notice to the Minister.

  • Marginal note:Content of notice

    (2) The notice must contain the following information:

    • (a) the name of the holder of the licence and the address of the site set out in the licence; and

    • (b) a description of the applicable event referred to in subsection (1) and its effective date and, in the case of an amendment to the licence, details of the amendment.

  • Marginal note:Senior official

    (3) The notice must be addressed to a senior official of the local authority to which it is provided.

Marginal note:Cessation of activities

  •  (1) A holder of a licence that intends to cease conducting all the activities authorized by the licence — whether before or on the date of expiry of the licence — must provide the Minister with a written notice to that effect at least 30 days before the day on which those activities cease.

  • Marginal note:Content of notice

    (2) The notice must be signed and dated by the responsible person referred to in section 37 and contain the following information:

    • (a) the date on which activities are expected to cease;

    • (b) a description of the manner in which any cannabis remaining at the site as of the date referred to in paragraph (a) will be disposed of by the holder of the licence, including

      • (i) if the cannabis will be sold or distributed, in whole or in part, the name and address of the person to which it will be sold or distributed, and

      • (ii) if it will be destroyed, in whole or in part, the day on which and the location at which the destruction is to take place;

    • (c) the address of the location at which the holder’s records, reports, electronic data and other documents that are required to be retained under the Act by the holder will be retained after activities have ceased; and

    • (d) the name, address, telephone number and, if applicable, facsimile number and email address of a person from which the Minister may obtain further information after activities have ceased.

  • Marginal note:Update

    (3) After having ceased the activities, the holder must submit to the Minister an update of the information referred to in paragraphs (2)(a) to (d), if it differs from the information submitted in the notice under subsection (1). The update must be signed and dated by the responsible person referred to in section 37.

 
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