Cannabis Tracking System Order (SOR/2019-202)

Sale Authorized Under Provincial Act

Marginal note:Public body

• 4 (1) 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 number of cannabis products that formed part of the inventory on the first day of the previous month;

  • (b) the number of cannabis products that were added to the inventory 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 number of cannabis products that ceased to form part of the inventory 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 number and book value of cannabis products that ceased to form part of the inventory 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) the number and book value of cannabis products, and the quantity of cannabis contained in those cannabis products, that formed part of the inventory on the last day of the previous month;

  • (f) an indication of whether, during the previous month, the primary activity 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;

  • (g) the business name of the person at that location that is selling, sending or delivering cannabis;

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

  • (i) the name of the municipality in which the location is situated, if any, and the postal code of the location; and

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

• Marginal note:Number and book value — not in inventory

  (2) In respect of the cannabis products referred to in paragraph (1)(d),

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

  • (b) the book value must be provided for each province in which the persons to which the cannabis products are sold or distributed are located and for each class specified in column 1 of Schedule 1 and expressed in Canadian dollars, net of sales tax.

• Marginal note:Number, quantity and book value — cannabis products in inventory

  (3) In respect of the cannabis products referred to in paragraph (1)(e),

  • (a) the number of cannabis products must be provided for each class specified in column 1 of Schedule 1;

  • (b) the quantity of cannabis contained in those cannabis products must be provided for each class specified in column 1 of Schedule 1 and expressed in the applicable unit of measurement specified in column 2; and

  • (c) the book value must be provided for each class specified in column 1 of Schedule 1 and expressed in Canadian dollars, net of sales tax.

• Marginal note:Cessation of activities

  (4) A public body referred to in subsection (1) that ceases to conduct all authorized 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

• 5 (1) Subject to subsection (5), a person — other than a public body — that is authorized under an Act of a province to sell cannabis must, no later than the 10th day of each month, provide the following information, in writing, to the public body referred to in subsection (2), in respect of each location in the province at which they are authorized to sell cannabis or from which they send or deliver it:

  • (a) the number of cannabis products that formed part of the inventory on the first day of the previous month;

  • (b) the number of cannabis products that were added to the inventory 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 number of cannabis products that ceased to form part of the inventory 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 number and book value of cannabis products that ceased to form part of the inventory 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) the number and book value of cannabis products, and the quantity of cannabis contained in those products, that formed part of the inventory on the last day of the previous month;

  • (f) an indication of whether, during the previous month, the primary activity 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;

  • (g) the business name of the person at that location that is authorized under a provincial Act referred to in subsection 69(1) of the Act to sell cannabis;

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

  • (i) the name of the municipality in which the location is situated, if any, and the postal code of the location; and

  • (j) the month and calendar year to which the information referred to in paragraphs (a) to (f) 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:Number and book value — not in inventory

  (3) In respect of the cannabis products referred to in paragraph (1)(d),

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

  • (b) the book value must be provided for each province in which the persons to which the cannabis products are sold or distributed are located and for each class specified in column 1 of Schedule 1 and expressed in Canadian dollars, net of sales tax.

• Marginal note:Number, quantity and book value — cannabis products in inventory

  (4) In respect of the cannabis products referred to in paragraph (1)(e),

  • (a) the number of cannabis products must be provided for each class specified in column 1 of Schedule 1;

  • (b) the quantity of cannabis contained in those cannabis products must be provided for each class specified in column 1 of Schedule 1 and expressed in the applicable unit of measurement specified in column 2; and

  • (c) the book value must be provided for each class specified in column 1 of Schedule 1 and expressed in Canadian dollars, net of sales tax.

• Marginal note:Conditions

  (5) 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

  (6) If the condition set out in paragraph (5)(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

  (7) A person referred to in subsection (1) that ceases to conduct all authorized 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.

General Provisions

Marginal note:Manner of providing information

6 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

• 7 (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.

Repeal

8 The Cannabis Tracking System OrderFootnote ¹ is repealed.

• Return to footnote ¹SOR/2018-178