Access to Cannabis for Medical Purposes Regulations (SOR/2016-230)

Regulations are current to 2017-11-20 and last amended on 2017-02-13. Previous Versions

Marginal note:Shipping
  •  (1) A licensed producer who ships fresh or dried marihuana or cannabis oil to a person referred to in subsection 22(2) or (4), or who ships a substance referred to in paragraph 22(3)(b) to a person referred to in subsection 22(2), must

    • (a) ship the substance in only one shipment per order;

    • (b) prepare the package in a manner that ensures the security of its contents, such that

      • (i) it will not open or permit the escape of its contents during handling and transportation,

      • (ii) it is sealed so that it cannot be opened without the seal being broken,

      • (iii) it prevents the escape of cannabis odour, and

      • (iv) it prevents its contents from being identified without it being opened;

    • (c) use a shipping method that ensures the tracking and safekeeping of the package during transportation; and

    • (d) ship it only to the following address:

      • (i) in the case of a client or an individual who is responsible for that client, the shipping address specified in the client’s registration document referred to in paragraph 133(2)(a), and

      • (ii) in the case of any other person referred to in subsection 22(2) or (4), the shipping address indicated in the order referred to in section 149; and

    • (e) in the case of a client or an individual who is responsible for that client, ship the substance in a quantity that does not exceed the equivalent of 150 g of dried marihuana.

  • Marginal note:Marihuana seeds

    (2) A licensed producer who ships marihuana seeds to a person referred to in subsection 22(2) or (5) must

    • (a) comply with the requirements of paragraphs (1)(a) to (c); and

    • (b) ship the package only to the following address:

      • (i) in the case of a person referred to in subsection 22(2), the shipping address indicated in the order referred to in section 149; and

      • (ii) in the case of a person referred to in subsection 22(5), the address of the site for the production of marihuana plants or the site for the storage of cannabis that is specified in the person’s registration with the Minister made under Part 2.

  • Marginal note:Marihuana plants

    (3) A licensed producer who ships marihuana plants to a person referred to in subsection 22(2) or (5) must

    • (a) prepare the package in a manner that ensures the security of its contents, such that

      • (i) it will not open or permit the escape of its contents during handling and transportation,

      • (ii) it is sealed so that it cannot be opened without the seal being broken, and

      • (iii) it prevents its contents from being identified without it being opened;

    • (b) use a shipping method referred to in paragraph (1)(c); and

    • (c) ship it to the address referred to in paragraph (2)(b).

  • Marginal note:Cannabis for in vitro testing

    (4) A licensed producer who ships a substance that is referred to in paragraph 22(3)(c) to a person referred to in subsection 22(2) must

    • (a) use a shipping method referred to in paragraph (1)(c); and

    • (b) ship it only to the shipping address indicated in the order referred to in section 149.

SUBDIVISION GImport and Export

Marginal note:Application for import permit
  •  (1) To apply for a permit to import marihuana or a substance referred to in paragraph 22(3)(c), a licensed producer must submit the following information to the Minister:

    • (a) their name, address and licence number;

    • (b) in respect of the substance to be imported,

      • (i) its description and, in the case of marihuana, an indication of whether it is in the form of seeds, plants or dried marihuana,

      • (ii) its intended use,

      • (iii) if applicable, its brand name,

      • (iv) its quantity, and

      • (v) in the case of dried marihuana, its percentages of delta-9-tetrahydrocannabinol w/w and cannabidiol w/w;

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

    • (d) the port of entry into Canada;

    • (e) the address of the customs office, sufferance warehouse or bonded warehouse to which the substance is to be delivered; and

    • (f) each mode of transportation used, the country of export and, if applicable, any country of transit or transhipment.

  • Marginal note:Statement by signatory

    (2) An application for an import permit must

    • (a) be signed and dated by the responsible person in charge or, if applicable, the alternate responsible person in charge at the licensed producer’s site; and

    • (b) include a statement, signed and dated by that person, indicating that all information submitted in support of the application is correct and complete to the best of the signatory’s knowledge.

Marginal note:Issuance of import permit
  •  (1) Subject to section 96, the Minister must, after examining the information and documents required under section 94 and, if applicable, section 11, issue to the licensed producer an import permit that indicates

    • (a) the permit number;

    • (b) the information referred to in paragraphs 94(1)(a) to (f);

    • (c) the effective date of the permit;

    • (d) its expiry date, which is the earlier of

      • (i) the 180th day after the effective date, and

      • (ii) December 31 of the year of the effective date; and

    • (e) if applicable, any conditions that the permit holder must meet in order to

      • (i) comply with an international obligation, or

      • (ii) reduce any potential public health, safety or security risk, including the risk of the imported substance being diverted to an illicit market or use.

  • Marginal note:Duration of permit

    (2) An import permit is valid until the earliest of

    • (a) its expiry date or the date on which it is suspended or revoked under section 100 or 101, respectively,

    • (b) the expiry date of the producer’s licence to which the permit pertains or the date on which that licence is suspended or revoked, and

    • (c) the expiry date of the export permit that applies to the substance to be imported and that is issued by a competent authority in the country of export or the date on which that permit is suspended or revoked.

  • Marginal note:Validity

    (3) A permit issued under this section is valid only for the importation in respect of which it is issued.

Marginal note:Refusal to issue import permit

 The Minister must refuse to issue an import permit if

  • (a) in respect of the application for the permit, there exists a circumstance described in paragraph 36(1)(d), (e), (f) or (h), with any modifications that the circumstances require;

  • (b) the applicant does not hold a producer’s licence with respect to the substance that is to be imported;

  • (c) the applicant has been notified that one of the following applications submitted by the applicant in respect of the producer’s licence to which the requested permit pertains is to be refused under section 36:

    • (i) an application under section 33 for a producer’s licence,

    • (ii) an application under section 38 for the renewal of a producer’s licence, or

    • (iii) an application under section 39 for the amendment of a producer’s licence; or

  • (d) the Minister has reasonable grounds to believe that

    • (i) the shipment for which the permit is requested would contravene the laws of the country of export or any country of transit or transhipment, or

    • (ii) the importation is for the purpose of re-exporting the substance.

 
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