Cannabis Regulations (SOR/2018-144)

Marginal note:Possession — young persons

• 267 (1) The following young persons are authorized to possess cannabis — other than cannabis plants or cannabis plant seeds — that has been obtained under the Act, subject to the applicable maximum amounts and purposes set out in this section:

  • (a) a young person who is registered with a holder of a licence for sale on the basis of a medical document;

  • (b) a young person who is a registered person; and

  • (c) a young person who, directly or indirectly, obtained the cannabis as an inpatient or outpatient of a hospital.

• Marginal note:Client registered on basis of medical document

  (2) The maximum amount of cannabis that a young person referred to in paragraph (1)(a) is authorized to possess, for their own medical purposes, is an amount that is equivalent to the lesser of

  • (a) 30 times the daily quantity of dried cannabis indicated in their registration document or, if they have more than one registration document, 30 times the total of the daily quantities indicated in the registration documents, and

  • (b) 150 g of dried cannabis.

• Marginal note:Registered person

  (3) The maximum amount of cannabis that a young person referred to in paragraph (1)(b) is authorized to possess, for their own medical purposes, is an amount that is equivalent to the lesser of

  • (a) 30 times the daily quantity of dried cannabis indicated in their registration certificate, and

  • (b) 150 g of dried cannabis.

• Marginal note:Hospital patient

  (4) The maximum amount of cannabis that a young person referred to in paragraph (1)(c) is authorized to possess, for their own medical purposes, is an amount that is equivalent to the lesser of

  • (a) 30 times the daily quantity of dried cannabis indicated on the hospital label that is applied to the container in which the cannabis was provided to or for them, and

  • (b) 150 g of dried cannabis.

• Marginal note:Exception

  (5) This section does not authorize a young person who is referred to in more than one of paragraphs (1)(a) to (c) to possess, for their own medical purposes, more than the equivalent of 150 g of dried cannabis.

Marginal note:Cumulative quantities

268 Any quantity of cannabis that an individual is authorized to possess under section 266 or 267 is in addition to any other quantity of cannabis that the individual may possess under the Act.

Distribution

Marginal note:Distribution of cannabis

• 269 (1) In addition to any other quantity of cannabis that they may distribute under the Act, an adult referred to in paragraph 266(1)(d) or (e) is authorized to distribute — but not send or otherwise indirectly make available — to the individual for whom they are responsible, or transport for that individual, a quantity of cannabis, other than cannabis plants or cannabis plant seeds, that does not exceed the maximum amount that the adult is authorized to possess under subsection 266(5).

• Marginal note:Assistance by adult

  (2) In addition to any other quantity of cannabis that they may distribute under the Act, an adult referred to in paragraph 266(1)(f) is authorized to administer, give, transfer, provide or otherwise directly make available to the individual to whom the assistance is being provided a quantity of cannabis, other than cannabis plants or cannabis plant seeds, that does not exceed the maximum amount that the adult is authorized to possess under subsection 266(6).

Non-application of Section 71 of Act

Marginal note:Non-application of section 71 of Act

270 Despite section 71 of the Act, an authorization to possess, sell, distribute or produce cannabis that is conferred by this Part on an adult referred to in paragraphs 266(1)(a) to (f), a young person referred to in paragraphs 267(1)(a) to (c) or a designated person does not authorize an employee or agent or mandatary of the adult, young person or designated person — or a person who is acting under a contract with the adult, young person or designated person — to do anything that is prohibited by a provision of Division 1 of Part 1 of the Act.

Health Care Practitioners

Marginal note:Prohibition

271 A health care practitioner must not provide a medical document or issue a written order except as authorized under this Part.

Marginal note:Authorization — health care practitioner

• 272 (1) A health care practitioner is authorized, in respect of an individual who is under their professional treatment and if cannabis is required for the condition for which the individual is receiving treatment,

  • (a) to provide a medical document;

  • (b) while practising in a hospital, to issue a written order;

  • (c) to administer to the individual a cannabis product, other than cannabis plants or cannabis plant seeds; or

  • (d) to transfer to the individual, or to an adult who is responsible for them, a cannabis product, other than cannabis plants or cannabis plant seeds,

    • (i) that has been received from a holder of a licence for sale or a licence for processing, and

    • (ii) in respect of which the quantity of cannabis does not exceed the quantity that the individual or adult is authorized to possess under section 266 or 267, as the case may be.

• Marginal note:Possession in public place

  (2) A health care practitioner is authorized to possess a cannabis product, other than cannabis plants or cannabis plant seeds, in a public place if they have obtained it under the Act and require it for the practice of their profession in the province where they possess it.

Marginal note:Medical document

• 273 (1) A medical document that is provided under paragraph 272(1)(a) must indicate

  • (a) the health care practitioner’s given name, surname, profession, business address and telephone number and, if applicable, their facsimile number and email address;

  • (b) the province in which the health care practitioner is authorized to practise their profession and the number assigned by the province to that authorization;

  • (c) the given name, surname and date of birth of the individual who is under the professional treatment of the health care practitioner;

  • (d) the address of the location at which the individual consulted with the health care practitioner;

  • (e) the daily quantity of dried cannabis, expressed in grams, that the health care practitioner authorizes for the individual; and

  • (f) a period of use, specified as a number of days, weeks or months.

• Marginal note:Maximum period

  (2) The period of use specified in a medical document must not exceed one year.

• Marginal note:Signature and statement

  (3) A medical document must be signed and dated by the health care practitioner who is providing it and must include a statement confirming that the information in the document is correct and complete.

• Marginal note:Validity of medical document

  (4) A medical document is valid for the period of use specified in it, which period begins on

  • (a) the date on which the individual referred to in paragraph (1)(c) is registered with a holder of a licence for sale on the basis of the document or, if there have been previous registrations on the basis of the document, the earliest registration date; or

  • (b) if the individual referred to in paragraph (1)(c) uses the document to register with the Minister under Division 2 of this Part and has not previously been registered with a holder of a licence for sale on the basis of the document, the date of the registration with the Minister.

• Marginal note:Additional period of validity

  (5) Despite subsection (4), a medical document is valid for an additional period of six months beginning

  • (a) on the day on which this subsection comes into force, if the document ceases to be valid under subsection (4) on or after March 13, 2020 but before the day on which this subsection comes into force; or

  • (b) on the day after the day on which the document ceases to be valid under subsection (4) if the day on which the document ceases to be valid is on or after the day on which this subsection comes into force but before October 1, 2020.

Marginal note:Written order

274 A written order that is issued under paragraph 272(1)(b) must be signed and dated by the health care practitioner and must indicate

• (a) the health care practitioner’s given name, surname and profession;

• (b) the given name and surname of the individual who is under the professional treatment of the health care practitioner; and

• (c) the daily quantity of dried cannabis, expressed in grams, that the health care practitioner authorizes for the individual.

General Prohibitions

Marginal note:Alteration of documents

275 It is prohibited to alter or deface a medical document or other document that is issued or provided under this Part.

Marginal note:Obtaining from more than one source

• 276 (1) It is prohibited to seek or obtain a cannabis product from more than one source at a time on the basis of the same medical document.

• Marginal note:Exception

  (2) Despite subsection (1), if a medical document forms the basis for a registration with the Minister under Division 2 of this Part, the registration certificate may be used to obtain

  • (a) cannabis products, other than cannabis plants and cannabis plant seeds, from, or through, a single holder of a licence for sale; and

  • (b) cannabis plants or cannabis plant seeds from one or more holders of a licence for sale.

DIVISION 1Holders of Licence for Sale

Notice to Licensing Authorities

Marginal note:Notice to licensing authorities

• 277 (1) A holder of a licence for sale must, within 30 days after the issuance of their licence, provide a written notice to each provincial professional licensing authority and a copy to the Minister.

• Marginal note:Content of notice

  (2) The notice must contain

  • (a) the name of the holder, the mailing address of the site specified in the licence and, if applicable, the holder’s email address; and

  • (b) the effective date of the licence.

Registration of Clients

Marginal note:Eligibility — client

278 An individual is eligible to be a client of a holder of a licence for sale only if the individual ordinarily resides in Canada.

Marginal note:Registration application

• 279 (1) Before registering an individual as a client, a holder of a licence for sale must receive a registration application, together with the original of the individual’s medical document or a copy of their registration certificate.

• Marginal note:Application on basis of medical document

  (2) An application that is submitted on the basis of a medical document must include

  • (a) the applicant’s given name, surname and date of birth;

  • (b) either

    • (i) the address of the place in Canada where the applicant ordinarily resides, as well as, if applicable, their telephone number, facsimile number and email address, or

    • (ii) if the applicant ordinarily resides in Canada but does not ordinarily reside at a specific place, the address as well as, if applicable, the telephone number, facsimile number and email address of a shelter, hostel or similar institution located in Canada that provides them with food, lodging or other social services;

  • (c) the mailing address of the place referred to in paragraph (b) if different from the address provided under that paragraph;

  • (d) if the place referred to in subparagraph (b)(i) is an establishment that is not a private residence, the type and name of the establishment;

  • (e) an indication of whether the shipping address is to be

    • (i) the address referred to in subparagraph (b)(i),

    • (ii) the mailing address of the place referred to in subparagraph (b)(i), or

    • (iii) if the health care practitioner who provided the medical document has consented to receive cannabis products on behalf of the applicant, the address of the health care practitioner;

  • (f) if applicable, the given name, surname and date of birth of one or more adults who are responsible for the applicant; and

  • (g) a statement signed and dated by the applicant, or an adult who is named under paragraph (f), confirming that

    • (i) the applicant ordinarily resides in Canada,

    • (ii) the information in the application is correct and complete,

    • (iii) the medical document that forms the basis for the application has not, to the knowledge of the individual signing the statement, been altered,

    • (iv) the medical document is not being used to seek or obtain cannabis products from another source,

    • (v) in the case where the applicant is signing the statement, they intend to use any cannabis product that is supplied to them on the basis of the application only for their own medical purposes, and

    • (vi) in the case where an adult who is named under paragraph (f) is signing the statement, they are responsible for the applicant.

• Marginal note:Application on basis of registration certificate

  (3) An application that is submitted on the basis of a registration certificate must include

  • (a) the information referred to in paragraphs (2)(a) to (d), as applicable;

  • (b) an indication of whether the application is being made to obtain

    • (i) cannabis products, other than cannabis plants or cannabis plant seeds,

    • (ii) cannabis plants or cannabis plant seeds, or both, or

    • (iii) cannabis products referred to in both subparagraphs (i) and (ii);

  • (c) if the application is being made to obtain cannabis products, other than cannabis plants or cannabis plant seeds, an indication of which of the addresses referred to in paragraph (2)(e) is to be the shipping address;

  • (d) if the application is being made to obtain cannabis plants or cannabis plant seeds, an indication of whether the shipping address is to be

    • (i) the address of the place where the applicant ordinarily resides,

    • (ii) the address of the place where the designated person, if any, ordinarily resides, or

    • (iii) the address of the site for the production of cannabis that is specified in the registration certificate; and

  • (e) a statement signed and dated by the applicant, or an adult who is named in the registration certificate under paragraph 313(2)(c), confirming that

    • (i) the applicant ordinarily resides in Canada,

    • (ii) the information in the application is correct and complete,

    • (iii) the copy of the registration certificate is an accurate reproduction of the original,

    • (iv) if the application is being made to obtain cannabis products other than cannabis plants or cannabis plant seeds, the registration certificate is not being used to seek or obtain the cannabis products from another source,

    • (v) in the case where the applicant is signing the statement, they intend to use any cannabis product that is supplied to them on the basis of the application only for their own medical purposes, and

    • (vi) in the case where an adult who is named in the registration certificate is signing the statement, they are responsible for the applicant.

• Marginal note:Applicant without ordinary residence

  (4) If an institution’s address is included in the application in accordance with subparagraph (2)(b)(ii), the application must include a statement that is signed and dated by a manager of the institution confirming that it provides food, lodging or other social services to the applicant.