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Stamping and Marking of Tobacco, Cannabis and Vaping Products Regulations

Version of section 5.1 from 2022-12-15 to 2024-05-14:

  •  (1) For the purposes of this section, service agreement means an agreement, containing prescribed information, between a particular cannabis licensee (other than a cannabis licensee that is a producer of cannabis products solely because of their packaging of cannabis products) and another cannabis licensee under which the other cannabis licensee is to package, or affix a cannabis excise stamp to, cannabis products for the particular cannabis licensee.

  • (2) For the purposes of this section, a service agreement is an authorized service agreement from the effective date of its authorization under subsection (5) until the effective date of the revocation of the authorization of the service agreement under subsection (8).

  • (3) A cannabis licensee that is a party to a service agreement may apply to the Minister to have the service agreement authorized by the Minister for the purposes of this section.

  • (4) An application under subsection (3) in respect of a service agreement must

    • (a) be made in prescribed form containing prescribed information;

    • (b) include a copy of the service agreement; and

    • (c) be filed with the Minister in prescribed manner on or before the day that is 60 days before the proposed effective date of the authorization of the service agreement or any later day that the Minister may allow.

  • (5) If an application under subsection (3) in respect of a service agreement is filed with the Minister, the Minister must with all due dispatch

    • (a) consider the application and authorize or refuse to authorize the service agreement for the purposes of this section; and

    • (b) notify the applicant in writing of the decision and, if authorized, the effective date of the authorization.

  • (6) The Minister may, at any time, specify conditions that the Minister considers appropriate in respect of a service agreement authorized under subsection (5).

  • (7) If an authorized service agreement is to be amended or is, or is to be, no longer in effect, a party to the authorized service agreement must

    • (a) without delay so notify the Minister in writing; and

    • (b) if the authorized service agreement is to be amended, make an application under subsection (3) for the authorization of the amended service agreement.

  • (8) If the Minister is of the opinion that a party to an authorized service agreement is in contravention of the authorized service agreement, that any condition specified by the Minister under subsection (6) is not met or that the authorized service agreement is, or is to be, no longer in effect, the Minister

    • (a) may revoke the authorization of the service agreement; and

    • (b) must, if the Minister revokes the authorization of the service agreement, issue a notice of revocation of the authorization of the service agreement to each party to the service agreement specifying the effective date of the revocation.

  • (9) For the purposes of paragraph 158.05(2)(c) of the Act, a prescribed person is a particular cannabis licensee that is a party to an authorized service agreement and that has in their possession cannabis excise stamps that

    • (a) are issued to the other cannabis licensee that is a party to the authorized service agreement; and

    • (b) are to be affixed to a packaged cannabis product by the particular cannabis licensee in accordance with the authorized service agreement and in accordance with applicable conditions, if any, in respect of the authorized service agreement specified by the Minister under subsection (6).

  • (10) For the purposes of subparagraphs 158.13(c)(ii) and (d)(ii) of the Act, a prescribed condition is that the cannabis product is stamped by the other cannabis licensee in accordance with an authorized service agreement and in accordance with applicable conditions, if any, in respect of the authorized service agreement specified by the Minister under subsection (6).

  • 2022, c. 19, s. 111

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