Industrial Hemp Regulations (SOR/2018-145)

Regulations are current to 2019-06-20 and last amended on 2019-01-15. Previous Versions

Licence (continued)

Marginal note:Notification — changes

  •  (1) A holder of a licence must notify the Minister of any of the following changes, by submitting a description of the change, within 30 days after the change or of becoming aware of the change:

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

    • (b) a change to the partnership name, corporate name, or any other name registered with the federal government or with the government of a province, under which the licence holder intends to identify themself or conduct the activity authorized by the licence or, in the case of a partnership, corporation or cooperative, a change to the name of a partner, officer or director;

    • (c) a change to the telephone number or email address of the holder of the licence;

    • (d) in the case of a partnership, corporation or cooperative, the addition, departure or replacement of a partner, officer or director;

    • (e) a change to the address of the place where an activity is authorized;

    • (f) a change to the address of the place for document retention as provided in the licence application or the address previously provided under this paragraph;

    • (g) a change in the ownership of the land used to cultivate industrial hemp;

    • (h) the cessation of the activity authorized by the licence.

  • Marginal note:Change to name

    (2) If the notification is in respect of a change referred to in paragraph (1)(b), the holder of the licence must provide the Minister with a copy of the document filed with the federal government or with the government of a province that states the name of the holder and any other registered name under which the holder intends to identify themself or conduct the activity authorized by the licence.

  • Marginal note:Addition or replacement of a partner, officer or director

    (3) If the notification is in respect of the addition or replacement of a partner, officer or director, the holder of the licence must provide the Minister with the name and date of birth of the new partner, officer or director.

  • Marginal note:Change in ownership

    (4) If the notification is in respect of a change in the ownership referred to in paragraph (1)(g), the holder of the licence must provide the Minister with a declaration signed and dated by the new owner of the land indicating that the new owner consents to the land being used to cultivate industrial hemp.

Marginal note:Revocation — other circumstances

  •  (1) 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 holder of the licence has changed their name;

    • (c) in the case of a partnership, a partner has been added, has departed or has been replaced;

    • (d) the address of the place where the activity is authorized, with the exception of the cultivation site, has changed;

    • (e) the holder of the licence has sowed seed that is not of pedigreed status or of an approved cultivar;

    • (f) the holder of a licence that authorizes cultivation for seed is no longer a member of the Canadian Seed Growers’ Association;

    • (g) the holder of a licence that authorizes propagation is no longer a plant breeder; and

    • (h) in the case of a holder of a licence that authorizes the obtaining of seed by preparing it, the registration referred to in Part IV of the Seeds Regulations has been cancelled.

  • Marginal note:Exception

    (2) Paragraph (1)(e) does not apply to a holder of a licence that authorizes propagation.

Import Permit

Marginal note:Permit for each shipment

 For the importation of seed or grain, in addition to holding a licence that authorizes that activity, a holder of a licence must hold an import permit for each shipment that is imported.

Marginal note:Import permit — content

 The import permit must set out the following information:

  • (a) the name and mailing address of the holder of the permit;

  • (b) the permit number and the number of the licence that authorizes the importation;

  • (c) the name of the exporter and their address in the country of export;

  • (d) the port of entry into Canada;

  • (e) each mode of transportation used;

  • (f) whether seed or grain is being imported and the quantity, in kilograms, of each form imported;

  • (g) the variety of industrial hemp from which the seed or grain was harvested or, in the case of germplasm, its name or number;

  • (h) the concentration of THC, expressed as a percentage w/w, in the flowering heads and leaves of the variety of industrial hemp from which the seed or grain was harvested;

  • (i) any conditions that the Minister considers appropriate;

  • (j) the effective date of the permit; and

  • (k) the date of expiry of the permit.

Marginal note:Refusal — other ground

 For the purpose of paragraph 62(7)(h) of the Act, another ground for the refusal to issue an import permit is that the applicant does not hold a licence that authorizes importation.

Marginal note:Period of validity

 An import permit is valid until the earliest of the following dates:

  • (a) the date on which the shipment is imported;

  • (b) the date of expiry of the permit or the date of its revocation;

  • (c) the date of expiry of the licence that authorizes importation or the date of its revocation; and

  • (d) the date of revocation of the permit for exportation issued by the competent authority of the country of export that pertains to the shipment.

Export Permit

Marginal note:Permit for each shipment

 For the exportation of seed or grain, in addition to holding a licence that authorizes that activity, a holder of a licence must hold an export permit for each shipment that is exported.

Marginal note:Export permit — content

 The export permit must set out the following information:

  • (a) the name and mailing address of the holder of the permit;

  • (b) the permit number and the number of the licence that authorizes the exportation;

  • (c) the name of the importer and their address in the country of import;

  • (d) the port of exit from Canada;

  • (e) each mode of transportation used;

  • (f) whether seed or grain is being exported and the quantity, in kilograms, of each form exported;

  • (g) the variety of industrial hemp from which the seed or grain was harvested or, in the case of germplasm, its name or number;

  • (h) the concentration of THC, expressed as a percentage w/w, in the flowering heads and leaves of the variety of industrial hemp from which the seed or grain was harvested;

  • (i) any conditions that the Minister considers appropriate;

  • (j) the effective date of the permit; and

  • (k) the date of expiry of the permit.

Marginal note:Refusal — other ground

 For the purpose of paragraph 62(7)(h) of the Act, another ground for the refusal to issue an export permit is that the applicant does not hold a licence that authorizes exportation.

Marginal note:Period of validity

 An export permit is valid until the earliest of the following dates:

  • (a) the date on which the shipment is exported;

  • (b) the date of expiry of the permit or the date of its revocation;

  • (c) the date of expiry of the licence that authorizes exportation or the date of its revocation; and

  • (d) the date of expiry of the permit for importation issued by the competent authority of the country of import that pertains to the shipment or the date of its revocation.

 
Date modified: