Cannabis Regulations (SOR/2018-144)

Marginal note:Qualified person in charge

• 150 (1) A holder of a cannabis drug licence must retain the services of one individual as a qualified person in charge who is responsible for supervising the activities with respect to cannabis that are authorized under the licence and for ensuring, on behalf of the holder, that those activities comply with these Regulations.

• Marginal note:Alternate qualified person in charge

  (2) A holder of a cannabis drug licence may designate an individual as an alternate qualified person in charge who is authorized to replace the qualified person in charge.

• Marginal note:Qualifications

  (3) Only an individual who meets the following requirements may be a qualified person in charge or an alternate qualified person in charge:

  • (a) they work at the site specified in the licence;

  • (b) they

    • (i) are entitled to practise a profession that is relevant to their duties, such as that of pharmacist, practitioner, pharmacy technician or laboratory technician,

    • (ii) hold a diploma, certificate or credential that is awarded by a post-secondary educational institution in Canada in a field or occupation that is relevant to their duties, such as pharmacy, medicine, dentistry, veterinary medicine, pharmacology, chemistry, biology, pharmacy technician, laboratory technician, pharmaceutical regulatory affairs or supply chain management or security, or

    • (iii) hold a diploma, certificate or credential that is awarded by a foreign educational institution in a field or occupation referred to in subparagraph (ii) and

      • (A) an equivalency assessment as defined in subsection 73(1) of the Immigration and Refugee Protection Regulations, or

      • (B) an equivalency assessment issued by an organization or institution that is responsible for issuing equivalency assessments and is recognized by a province;

  • (c) they have sufficient knowledge of and experience with the use and handling of drugs to properly carry out their duties; and

  • (d) they are familiar with the provisions of the Act and these Regulations that apply to the holder of the licence.

• Marginal note:Exception

  (4) A holder of a cannabis drug licence may retain the services of an individual as a qualified person in charge or designate an alternate qualified person in charge who does not meet any of the requirements of paragraph (3)(b) if

  • (a) no other individual working at the site specified in the licence meets those requirements;

  • (b) those requirements are not necessary for the activities that are authorized under the licence; and

  • (c) the individual possesses knowledge — acquired from a combination of education, training and work experience — that is sufficient to enable them to properly carry out their duties.