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

Regulations are current to 2017-09-14 and last amended on 2017-02-13. Previous Versions

Marginal note:Refusal to issue export permit

 The Minister must refuse to issue an export permit if

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

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

  • (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 made under section 33 for a producer’s licence,

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

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

  • (d) the Minister has reasonable grounds to believe that the shipment for which the permit is requested would contravene the laws of the country of final destination or any country of transit or transhipment; or

  • (e) the shipment would not be in conformity with the import permit issued by a competent authority of the country of final destination.

Marginal note:Provision of copy of export permit

 On request of a customs officer, the holder of an export permit must provide a copy of the permit to the customs office, sufferance warehouse or bonded warehouse, as the case may be, at the port of exit from Canada at the time of exportation.

Marginal note:Declaration after export

 The holder of an export permit must provide the Minister, within 15 days after the day on which a shipment of the substance is exported, with a declaration that contains the following information:

  • (a) the name of the licensed producer and the numbers of the producer’s licence and export permit in respect of the shipment;

  • (b) the date of export; and

  • (c) in respect of the exported substance,

    • (i) its description and, in the case of marihuana, an indication as to 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.

Marginal note:Suspension of export permit
  •  (1) The Minister must suspend an export permit without prior notice if

    • (a) the Minister has reasonable grounds to believe that it is necessary to do so to protect public health, safety or security, including preventing the exported substance from being diverted to an illicit market or use;

    • (b) the exportation is not in conformity with an import permit issued by a competent authority of the country of final destination; or

    • (c) the exportation would contravene the laws of the country of final destination or any country of transit or transhipment.

  • Marginal note:Notice of suspension

    (2) The suspension takes effect as soon as the Minister notifies the permit holder of the decision to suspend and provides a written report that sets out the reasons for the suspension.

  • Marginal note:Opportunity to be heard

    (3) The permit holder may, within 10 days after receipt of the notice, provide the Minister with reasons why the suspension is unfounded.

Marginal note:Revocation of export permit
  •  (1) The Minister must revoke an export permit

    • (a) at the request of the holder;

    • (b) if the holder informs the Minister that the permit has been lost or stolen; or

    • (c) if the permit is being replaced by a new permit.

  • Marginal note:Revocation — other grounds

    (2) Subject to subsection (3), the Minister must revoke an export permit in the following circumstances:

    • (a) there exists a circumstance described in any of paragraphs 46(1)(a) to (e) in respect of the producer’s licence to which the permit pertains; or

    • (b) the Minister has reasonable grounds to believe that the export permit was issued on the basis of false or misleading information submitted in, or false or falsified documents submitted with, the application.

  • Marginal note:Exceptions

    (3) Unless it is necessary to do so to protect public health, safety or security, including preventing the exported substance from being diverted to an illicit market or use, the Minister must not revoke an export permit in the circumstances described in paragraph (2)(b) or 46(1)(a) or (b) if the permit holder has carried out, or signed an undertaking to carry out, the necessary corrective measures to ensure compliance with the Act and its regulations and the Food and Drugs Act.

  • Marginal note:Failure to comply with undertaking

    (4) If the permit holder fails to comply with an undertaking mentioned in subsection (3), the Minister must revoke the permit.

  • Marginal note:Revocation following suspension

    (5) The Minister must revoke a permit if the permit holder fails to comply with the suspension of the permit under section 107 or if the situation giving rise to the suspension is not rectified.

SUBDIVISION HSecurity Clearances

Marginal note:Eligibility

 Only the following persons may submit to the Minister an application for a security clearance:

  • (a) a person named in an application for a producer’s licence as

    • (i) the proposed senior person in charge,

    • (ii) the proposed responsible person in charge, or

    • (iii) if applicable, the proposed alternate responsible person in charge;

  • (b) if a producer’s licence is sought by an individual, that individual;

  • (c) if a producer’s licence is sought by a corporation, each officer and director of the corporation;

  • (d) a person referred to in any of subparagraphs 40(1)(a)(i) to (iii); and

  • (e) the holder of a security clearance who is seeking to obtain a new security clearance before the end of the validity period of their current clearance.

Marginal note:Application for security clearance
  •  (1) An application for a security clearance must include the following information and documentation, to be used only for the purposes of sections 111 and 112:

    • (a) the applicant’s usual given name used, other given names, surname, all other names used and details of any name changes;

    • (b) the applicant’s date of birth, gender, height, weight, and eye and hair colour;

    • (c) if the applicant was born in Canada, the number and province of issue of their birth certificate;

    • (d) if the applicant was born outside Canada, their place of birth, the port and date of entry into Canada, and, in the case of a naturalized Canadian or permanent resident, the number of the applicable certificate issued under the Citizenship Act or the Immigration and Refugee Protection Act;

    • (e) either of the following documents:

      • (i) a copy of a valid piece of photo identification of the applicant issued by the Government of Canada or the government of a province, or

      • (ii) a copy of the applicant’s passport that includes the passport number, country of issue and expiry date and the applicant’s photograph;

    • (f) the addresses of all locations at which the applicant resided during the five years preceding the application;

    • (g) an identification of the applicant’s activities during the five years preceding the application, including the names and addresses of the applicant’s employers and any post-secondary educational institutions attended;

    • (h) the dates, destination and purpose of any travel of more than 90 days outside Canada, excluding travel for government business, during the five years preceding the application;

    • (i) the information referred to in subsection (2) respecting

      • (i) the applicant’s spouse or common-law partner, and

      • (ii) any former spouses or common-law partners with whom the relationship ended within the five years preceding the application;

    • (j) the applicant’s fingerprints, taken by a Canadian police force or by a private company that is accredited by the Royal Canadian Mounted Police to submit fingerprints to it for the purpose of a criminal record check; and

    • (k) a declaration signed and dated by the licensed producer or the applicant for a producer’s licence stating that the applicant for the security clearance requires or will require a security clearance and specifying the reasons for that requirement.

  • Marginal note:Spouse or common-law partner

    (2) The information required in respect of any of the persons referred to in paragraph (1)(i) is

    • (a) in the case of the applicant’s spouse or common-law partner, the following information:

      • (i) their gender, full given name, surname and, if applicable, maiden name,

      • (ii) their date and place of birth and, if applicable, date of death,

      • (iii) if born in Canada, the number and province of issue of their birth certificate,

      • (iv) if born outside Canada, their place of birth, their nationality and the port and date of entry into Canada, and

      • (v) their present address, if known; and

    • (b) in the case of former spouses and common-law partners with whom the relationship ended within the five years preceding the application, the information referred to in subparagraphs (a)(i), (ii) and (v).

  • Marginal note:Signed by applicant

    (3) The application for a security clearance must be signed and dated by the applicant.

  • Definition of common-law partner

    (4) In this section, common-law partner means any person who is cohabiting with the applicant in a relationship of a conjugal nature and has done so for a period of at least one year.

 
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