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Cannabis Regulations

Version of section 146 from 2019-12-09 to 2020-05-17:


Marginal note:Destruction — holder of a cannabis drug licence

  •  (1) A holder of a cannabis drug licence is authorized to destroy cannabis only

    • (a) in accordance with a method that

      • (i) complies with all federal, provincial and municipal environmental protection legislation applicable to the location where it is to be destroyed, and

      • (ii) does not result in any individual being exposed to cannabis smoke or cannabis vapour;

    • (b) in the presence of a witness referred to in paragraph (3)(a) and another witness referred to in subsection (3); and

    • (c) in the case where the cannabis is destroyed at a location other than the licensed site, if the holder ensures that the cannabis that is at the location is, at all times, in the presence of at least one witness referred to in paragraph (3)(a).

  • Marginal note:Destruction — licensed dealer

    (2) The licensed dealer is authorized to destroy cannabis only

    • (a) in accordance with a method that

      • (i) complies with all federal, provincial and municipal environmental protection legislation applicable to the location at which it is to be destroyed, and

      • (ii) does not result in any individual being exposed to cannabis smoke or cannabis vapour; and

    • (b) in the presence of a witness referred to in paragraph (4)(a) and another witness referred to in subsection (4).

  • Marginal note:Witness — holder of a cannabis drug licence

    (3) The following individuals are qualified to witness the destruction of cannabis by a holder of a cannabis drug licence:

    • (a) the senior person in charge, the qualified person in charge or the alternate qualified person in charge; and

    • (b) an employee of the holder.

  • Marginal note:Witness — licensed dealer

    (4) The following individuals are qualified to witness the destruction of cannabis by a licensed dealer:

    • (a) the qualified person in charge, as defined in subsection 2(1) of the Narcotic Control Regulations, or an alternate qualified person in charge designated under subsection 9.2(2) of those Regulations; and

    • (b) an employee of the licensed dealer.

  • Marginal note:Statement by witnesses

    (5) For each instance that they destroy cannabis, the holder of a cannabis drug licence or the licensed dealer, as the case may be, must obtain a statement signed and dated by two of the witnesses referred to in paragraph (1)(b) or (2)(b) stating that they witnessed the destruction and that the cannabis was destroyed in accordance with a method referred to in paragraph (1)(a) or (2)(a).

  • Marginal note:Record

    (6) With respect to cannabis that they destroy, the holder of a cannabis drug licence or the licensed dealer, as the case may be, must prepare a record that sets out

    • (a) a description of the cannabis, its form and quantity;

    • (b) in the case of a drug containing cannabis, the brand name of the drug and its strength per unit;

    • (c) the address of the location at which the cannabis is destroyed;

    • (d) a brief description of the method and the date of destruction; and

    • (e) the names of the individuals who witnessed the destruction and were qualified to do so under paragraph (1)(b) or (2)(b) and the basis on which they were qualified under subsection (3) or (4).

  • Marginal note:Retention period

    (7) The holder of a cannabis drug licence and the licensed dealer must retain the record and the statement for at least two years after the day on which the cannabis is destroyed.

  • SOR/2019-169, s. 30
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