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Cannabis Tracking System Order (SOR/2018-178)

Regulations are current to 2019-06-20 and last amended on 2018-10-17. Previous Versions

Cannabis Tracking System Order

SOR/2018-178

CANNABIS ACT

Registration 2018-08-24

Cannabis Tracking System Order

The Minister of Health, pursuant to subsection 82(1) of the Cannabis ActFootnote a, makes the annexed Cannabis Tracking System Order.

Ottawa, August 21, 2018

Ginette C. Petitpas Taylor
Minister of Health

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in this Order.

    Act

    Act means the Cannabis Act. (Loi)

    cannabis product

    cannabis product has the same meaning as in subsection 1(2) of the Regulations. (produit du cannabis)

    finished cannabis

    finished cannabis means cannabis contained in a cannabis product. (cannabis fini)

    licence for analytical testing

    licence for analytical testing means a licence referred to in paragraph 8(1)(c) of the Regulations. (licence d’essais analytiques)

    licence for cultivation

    licence for cultivation means a licence referred to in paragraph 8(1)(a) of the Regulations. (licence de culture)

    licence for processing

    licence for processing means a licence referred to in paragraph 8(1)(b) of the Regulations. (licence de transformation)

    licence for research

    licence for research means a licence referred to in paragraph 8(1)(e) of the Regulations. (licence de recherche)

    licence for sale for medical purposes

    licence for sale for medical purposes means a licence referred to in subsection 8(5) of the Regulations. (licence de vente à des fins médicales)

    public body

    public body includes a Crown corporation. (organisme public)

    Regulations

    Regulations means the Cannabis Regulations. (Règlement)

    site

    site has the same meaning as in subsection 1(2) of the Regulations. (lieu)

    unfinished cannabis

    unfinished cannabis means cannabis other than cannabis contained in a cannabis product. (cannabis non fini)

  • Marginal note:Interpretation

    (2) For the purposes of this Order,

    • (a) a reference to cannabis contained in a cannabis product includes cannabis that is the cannabis product; and

    • (b) a reference to the sale or distribution of cannabis — including cannabis products — does not include

      • (i) the return of cannabis,

      • (ii) the sale or distribution of cannabis for the purposes of destruction, or

      • (iii) the import or export of cannabis.

Federal Licences

Marginal note:Information to be provided

  •  (1) A holder of a licence for cultivation, a licence for processing or a licence for sale for medical purposes that authorizes the possession of cannabis must, no later than the 15th day of each month, provide the Minister with the following information, as applicable, in respect of the site specified in the licence:

    • (a) the total quantity of finished cannabis that formed part of the inventory at the site on the first day of the previous month;

    • (b) the total quantity of unfinished cannabis that formed part of the inventory at the site on the first day of the previous month;

    • (c) the quantity of finished cannabis that was added to the inventory at the site during the previous month by virtue of

      • (i) the sale or distribution of cannabis products to the holder,

      • (ii) the packaging and labelling of cannabis, or a cannabis accessory containing cannabis, by the holder for sale to consumers at the retail level,

      • (iii) the return of cannabis products to the holder, or

      • (iv) any other reason;

    • (d) the quantity of unfinished cannabis that was added to the inventory at the site during the previous month by virtue of

      • (i) being sold or distributed to the holder by

        • (A) holders of a licence for cultivation,

        • (B) holders of a licence for processing,

        • (C) holders of a licence for analytical testing or a licence for research, or

        • (D) holders of a licence issued under subsection 62(1) of the Act in relation to industrial hemp,

      • (ii) being produced from other unfinished cannabis,

      • (iii) being imported,

      • (iv) being returned to the holder, or

      • (v) any other reason;

    • (e) the quantity of finished cannabis that ceased to form part of the inventory at the site during the previous month by virtue of

      • (i) the sale or distribution of cannabis products,

      • (ii) the destruction of cannabis products,

      • (iii) the loss or theft of cannabis products,

      • (iv) the return of cannabis products by the holder, or

      • (v) any other reason;

    • (f) the quantity of finished cannabis that ceased to form part of the inventory at the site during the previous month by virtue of

      • (i) the retail sale or the distribution of cannabis products to consumers, other than as a result of a purchase order referred to in section 289 of the Regulations,

      • (ii) the sale or distribution of cannabis products as a result of a purchase order referred to in section 289 of the Regulations, and

      • (iii) the sale or distribution of cannabis products to persons who are authorized to sell or distribute cannabis under subsection 69(1) of the Act; and

    • (g) the quantity of unfinished cannabis that ceased to form part of the inventory at the site during the previous month by virtue of

      • (i) being sold or distributed to

        • (A) holders of a licence for cultivation,

        • (B) holders of a licence for processing, or

        • (C) holders of a licence for analytical testing or a licence for research,

      • (ii) being used to produce other unfinished cannabis,

      • (iii) being packaged and labelled, either alone or within a cannabis accessory, by the holder for sale to consumers at the retail level,

      • (iv) being exported,

      • (v) being destroyed,

      • (vi) being lost due to drying or other normally accepted business activities,

      • (vii) being lost or stolen in circumstances that require notice to be provided under subsection 246(1) of the Regulations,

      • (viii) being returned by the holder, or

      • (ix) any other reason.

  • Marginal note:Quantity by class of finished cannabis

    (2) The quantities of finished cannabis referred to in paragraphs (1)(a), (c) and (e) must be provided for each class of finished cannabis specified in column 1 of Schedule 1 and be expressed in the applicable unit of measurement specified in column 2.

  • Marginal note:Quantity by class of unfinished cannabis

    (3) The quantities of unfinished cannabis referred to in paragraphs (1)(b), (d) and (g) must be provided for each class of unfinished cannabis specified in column 1 of Schedule 2 and be expressed in the applicable unit of measurement specified in column 2.

  • Marginal note:Quantity by province and class

    (4) The quantities of finished cannabis referred to in paragraph (1)(f) must be

    • (a) provided for each province in which the persons to whom the cannabis products are sold or distributed are located and for each class of finished cannabis specified in column 1 of Schedule 1; and

    • (b) expressed in the applicable unit of measurement specified in column 2 of Schedule 1.

  • Marginal note:Cessation of activities

    (5) A holder of a licence that ceases to conduct activities under the licence must provide any information that has yet to be provided under subsection (1) in respect of the previous month, as well as information in respect of the month in which the activities cease, within 15 days after the day on which the activities cease.

Marginal note:Additional information

 The information that is provided under section 2 must be accompanied by the following information:

  • (a) the licence holder’s licence number;

  • (b) the month and calendar year to which the information relates; and

  • (c) in the case of information that is provided by a holder of a licence for cultivation, the surface area, in square metres, used for

    • (i) cultivating, propagating or harvesting cannabis plants; and

    • (ii) drying cannabis.

Sale Authorized Under Provincial Act

Marginal note:Public body

  •  (1) Subject to section 6, a public body that is authorized under an Act of a province to sell cannabis must, no later than the 15th day of each month, provide the following information to the Minister in respect of each location at which the body sells cannabis or from which it sends or delivers cannabis:

    • (a) the total quantity of finished cannabis that formed part of the inventory at the location on the first day of the previous month;

    • (b) the quantity of finished cannabis that was added to the inventory at the location during the previous month by virtue of

      • (i) the sale or distribution of cannabis products,

      • (ii) the return of cannabis products, or

      • (iii) any other reason;

    • (c) the quantity of finished cannabis that ceased to form part of the inventory at the location during the previous month by virtue of

      • (i) the sale or distribution of cannabis products,

      • (ii) the destruction of cannabis products,

      • (iii) the loss or theft of cannabis products,

      • (iv) the return of cannabis products, or

      • (v) any other reason;

    • (d) the quantity of finished cannabis that ceased to form part of the inventory at the location during the previous month by virtue of

      • (i) the retail sale of cannabis products to consumers who were present at the location at the time of sale,

      • (ii) the retail sale of cannabis products to consumers who were not present at the location at the time of sale, or

      • (iii) the sale of cannabis products to persons that are authorized to sell them or the distribution of cannabis products to other locations at which such products are sold or distributed;

    • (e) an indication of whether, during the previous month, the primary activity at the location was

      • (i) the sale of cannabis products to persons that are authorized to sell them or the distribution of cannabis products to other locations at which such products are sold or distributed, or

      • (ii) the retail sale of cannabis products to consumers;

    • (f) the unique identifier assigned to the location by the public body or, failing that, by the Minister;

    • (g) the name of the municipality in which the location is situated or, if there is no municipality, the postal code of the location; and

    • (h) the month and calendar year to which the information referred to in paragraphs (a) to (e) relates.

  • Marginal note:Quantity by class

    (2) The quantities of cannabis referred to in paragraphs (1)(a) to (d) must be provided for each class of finished cannabis specified in column 1 of Schedule 1 and be expressed in the applicable unit of measurement specified in column 2.

  • Marginal note:Cessation of activities

    (3) A public body referred to in subsection (1) that ceases to conduct activities at a location must, within 15 days after the day on which the activities cease, provide any information that has yet to be provided under that subsection in respect of the previous month, as well as information in respect of the month in which the activities cease.

Marginal note:Person other than public body

  •  (1) Subject to subsection (4) and section 6, a person — other than a public body — that is authorized under an Act of a province to sell cannabis must provide, no later than the 10th day of each month and in respect of each location in the province at which they are authorized to sell cannabis or from which they send or deliver it, the following information, in writing, to the public body referred to in subsection (2):

    • (a) the total quantity of finished cannabis that formed part of the inventory at the location on the first day of the previous month;

    • (b) the quantity of finished cannabis that was added to the inventory at the location during the previous month by virtue of

      • (i) the sale or distribution of cannabis products,

      • (ii) the return of cannabis products, or

      • (iii) any other reason;

    • (c) the quantity of finished cannabis that ceased to form part of the inventory at the location during the previous month by virtue of

      • (i) the sale or distribution of cannabis products,

      • (ii) the destruction of cannabis products,

      • (iii) the loss or theft of cannabis products,

      • (iv) the return of cannabis products, or

      • (v) any other reason;

    • (d) the quantity of finished cannabis that ceased to form part of the inventory at the location during the previous month by virtue of

      • (i) the retail sale of cannabis products to consumers who were present at the location at the time of sale,

      • (ii) the retail sale of cannabis products to consumers who were not present at the location at the time of sale, or

      • (iii) the sale of cannabis products to persons that are authorized to sell them or the distribution of cannabis products to other locations at which such products are sold or distributed;

    • (e) an indication of whether, during the previous month, the primary activity at the location was

      • (i) the sale of cannabis products to persons that are authorized to sell them or the distribution of cannabis products to other locations at which such products are sold or distributed, or

      • (ii) the retail sale of cannabis products to consumers;

    • (f) the unique identifier assigned to the location by the public body or, failing that, by the Minister;

    • (g) the name of the municipality in which the location is situated or, if there is no municipality, the postal code of the location; and

    • (h) the month and calendar year to which the information referred to in paragraphs (a) to (e) relates.

  • Marginal note:Public body

    (2) The public body to which the information must be provided is

    • (a) in the following cases, the public body that is responsible for authorizing the sale of cannabis in the province:

      • (i) there is no public body that is authorized under an Act of the province to sell cannabis, or

      • (ii) the Minister and the public body that is responsible for authorizing the sale of cannabis in the province — or the Minister and the government of the province — have agreed that the public body will receive the information and provide it to the Minister; and

    • (b) in any other case, the public body that is authorized under an Act of the province to sell cannabis.

  • Marginal note:Quantity by class

    (3) The quantities of cannabis referred to in paragraphs (1)(a) to (d) must be provided for each class of finished cannabis specified in column 1 of Schedule 1 and be expressed in the applicable unit of measurement specified in column 2.

  • Marginal note:Conditions

    (4) A person is required to provide the information referred to in subsection (1) only if

    • (a) the public body to which the information is to be provided is required — or the public body or the government of the province agrees — to provide the information to the Minister; and

    • (b) a notice specifying the effective date of the requirement or agreement is published on the Government of Canada website or is provided to the person.

  • Marginal note:Condition no longer met

    (5) If the condition set out in paragraph (4)(a) ceases to be met, the Minister must ensure that a notice to that effect is published on the Government of Canada website, or is provided to the affected persons, as soon as feasible.

  • Marginal note:Cessation of activities

    (6) A person referred to in subsection (1) that ceases to conduct activities at a location must, within 15 days after the day on which the activities cease, provide any information that has yet to be provided under that subsection in respect of the previous month, as well as information in respect of the month in which the activities cease.

Marginal note:Exception — locations without inventory

 Information is not required to be provided under subsection 4(1) or 5(1) in respect of a location where cannabis is sold but is not maintained in inventory.

General Provisions

Marginal note:Manner of providing information

 A holder of a licence, or a public body, that is required to provide information under this Order must

  • (a) provide the information through the dedicated website established by the Minister for that purpose; and

  • (b) notify the Minister if an individual who was responsible for submitting the information on behalf of the holder or body is no longer responsible for doing so.

Marginal note:Retention

  •  (1) A person that is required to provide information under this Order must ensure that

    • (a) the records, reports, electronic data and other documents containing the information are retained for a period of at least two years beginning on the day on which the information is provided;

    • (b) the records, reports, electronic data and other documents — and any information on which the information contained in those documents is based — are

      • (i) retained in a manner that will enable an audit of the documents or information to be made in a timely manner,

      • (ii) if the person holds a licence issued under subsection 62(1) of the Act, retained at the site specified in the licence, and

      • (iii) if the person does not hold a licence issued under subsection 62(1) of the Act, retained at their place of business in Canada or, if they do not have such a place of business, at a place of business in Canada; and

    • (c) the calculations, measurements and other data on which the information is based are documented in a manner that will enable them to be examined in a timely manner.

  • Marginal note:Continued retention

    (2) If a person is no longer required to provide information under this Order, they must ensure that the requirements set out in subsection (1) are complied with until the end of the applicable retention period.

Coming into Force

Marginal note:October 17, 2018

 This Order comes into force on the later of October 17, 2018 and the day on which it is registered.

SCHEDULE 1(Subsections 2(2) and (4), 4(2) and 5(3))

Finished Cannabis

ItemColumn 1Column 2
Class of Finished CannabisUnit of Measurement
1dried cannabiskilograms
2cannabis oillitres
3fresh cannabiskilograms
4cannabis plantsnumber of plants
5cannabis plant seedsnumber of seeds

SCHEDULE 2(Subsection 2(3))

Unfinished Cannabis

ItemColumn 1Column 2
Class of unfinished cannabisUnit of Measurement
1dried cannabiskilograms
2cannabis oillitres
3fresh cannabiskilograms
4cannabis plantsnumber of plants
5cannabis plant seedskilograms
6any other class of unfinished cannabiskilograms

AMENDMENTS NOT IN FORCE

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