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

Regulations are current to 2017-06-19 and last amended on 2017-02-13. Previous Versions

Marginal note:False or misleading information

 It is prohibited to knowingly submit to the Minister an application containing false or misleading information in order to obtain a security clearance.

SUBDIVISION ICommunication of Information

Marginal note:Information concerning clients
  •  (1) Subject to subsection (2), if a licensed producer is provided with the given name, surname, date of birth and gender of an individual by a member of a Canadian police force who requests information in the course of an investigation under the Act or these Regulations, the licensed producer must provide as soon as feasible, within 72 hours after receiving the request, the following information to that Canadian police force:

    • (a) an indication of whether or not the individual is

      • (i) one of their clients, or

      • (ii) an individual who is responsible for one of their clients;

    • (b) in the case of one of their clients, whether the client is registered with the Minister under Part 2 and, if so, whether the client’s registration with the producer is for the purpose of obtaining

      • (i) an interim supply of fresh or dried marihuana or cannabis oil,

      • (ii) marihuana plants or seeds, or

      • (iii) the substances referred to in subparagraphs (i) and (ii); and

    • (c) the daily quantity of dried marihuana that is specified in the medical document supporting the client’s registration or that is specified in that individual’s registration with the Minister made under Part 2.

  • Marginal note:Verification

    (2) Before providing the requested information, the licensed producer must verify in a reasonable manner that the person requesting the information is a member of a Canadian police force.

  • Marginal note:Use of information

    (3) Information provided under this section must be used only for the purposes of the investigation referred to in subsection (1) and for the proper administration or enforcement of the Act or these Regulations.

Definition of health care practitioner

 In sections 123 and 124, health care practitioner means

  • (a) a person who is, or was, registered and entitled under the laws of a province to practise medicine in that province; or

  • (b) a person who is, or was, a nurse practitioner as defined in section 1 of the New Classes of Practitioners Regulations and who is, or was, permitted to prescribe dried marihuana in the province in which they practise or practised.

Marginal note:Information concerning health care practitioners
  •  (1) A licensed producer must provide in writing, as soon as feasible, any factual information about a health care practitioner that has been obtained under the Act or these Regulations to the licensing authority that is responsible for the registration or authorization of persons to practise the profession

    • (a) in a province in which the practitioner is, or was, authorized to practise, if the authority submits to the licensed producer a written request that sets out the practitioner’s name and address, a description of the information being sought and a declaration that the information is required for the purpose of assisting an official investigation by the authority; or

    • (b) in a province in which the practitioner is not authorized to practise, if the authority submits to the licensed producer

      • (i) a written request that sets out the practitioner’s name and address and a description of the information being sought, and

      • (ii) either

        • (A) documentation that shows that the practitioner has applied to that authority to practise in that province, or

        • (B) documentation that shows that the authority has reasonable grounds to believe that the practitioner is practising in that province without being authorized to do so.

  • Marginal note:Factual information

    (2) The factual information that may be requested includes information — notably patient information — contained in, or in respect of,

    • (a) any medical document that has been signed by the practitioner and that has formed the basis for registering a client;

    • (b) any authorization to possess that has formed the basis for registering a client and that was issued under the former Marihuana Medical Access Regulations on the basis of a medical declaration that was made by the practitioner; and

    • (c) any medical declaration that was made by the practitioner under those former Regulations and that has formed the basis for registering a client.

  • Marginal note:Exception

    (3) The factual information that may be requested does not include information relating to clients who have registered with the licensed producer on the basis of a registration with the Minister made under Part 2.

  • Marginal note:Secure transmission

    (4) A licensed producer must ensure that the information that they provide under this section is securely transmitted.

Marginal note:Quarterly reports to licensing authorities
  •  (1) A licensing authority that is responsible for the registration or authorization of persons to practise medicine or nursing in a province may submit a written request to a licensed producer to obtain information, on a quarterly basis, in respect of each client who is registered by the producer on the basis of a medical document that was signed by a health care practitioner who was entitled, at the time of the verification performed in accordance with section 132, to practise the relevant profession in the province and was consulted in that province.

  • Marginal note:Information

    (2) A licensed producer who receives a request must, after the end of each quarter and in accordance with subsection (3), provide the licensing authority with the following information in respect of each client referred to in subsection (1) who was validly registered at any time during the relevant quarter, together with details of any changes to the information that have occurred during the quarter:

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

    • (b) the postal code for, and the name of the province specified in, the address provided under subparagraph 130(1)(b)(i) or (ii);

    • (c) the given name, surname and business address of the health care practitioner who signed the medical document and the number assigned by the province to the practitioner’s authorization to practise;

    • (d) the daily quantity of dried marihuana that is specified in the medical document;

    • (e) the period of use that is specified in the medical document;

    • (f) the date on which the medical document was signed by the practitioner; and

    • (g) if fresh or dried marihuana or cannabis oil was shipped to the client during the quarter, the quantity of the substance, in grams, contained in each shipment and the dates of the shipments.

  • Marginal note:Quarterly deadlines

    (3) The information must be provided to the licensing authority by

    • (a) April 30 of a given year for the quarter beginning on January 1 and ending on March 31 of that year;

    • (b) July 31 of a given year for the quarter beginning on April 1 and ending on June 30 of that year;

    • (c) October 31 of a given year for the quarter beginning on July 1 and ending on September 30 of that year; and

    • (d) January 31 of a given year for the quarter beginning on October 1 and ending on December 31 of the previous year.

  • Marginal note:Initial report

    (4) For greater certainty, for the purposes of subsection (2), the first quarter in respect of which information must be provided is the quarter in which the request is received.

  • Marginal note:No information to provide

    (5) If the licensed producer has no information to provide for a quarter, they must send a notice to that effect to the licensing authority by the relevant deadline referred to in subsection (3).

  • Marginal note:Deadline — ceasing activities

    (6) If the licensed producer ceases to conduct activities, any information that they are required to provide to the licensing authority must, despite subsection (3), be provided no later than 30 days after the activities cease.

  • Marginal note:Revocation notice

    (7) The licensing authority may, at any time, send the licensed producer a notice revoking the request referred to in subsection (1), in which case the final quarter in respect of which information must be provided to the authority is the one that precedes the quarter in which the notice is received.

  • Marginal note:Transmission of information

    (8) A licensed producer, or former licensed producer, who provides information to a licensing authority under this section must

    • (a) ensure that the information is securely transmitted in accordance with the specifications set out in the Directive on the Electronic Transmission of Information Under the Controlled Drugs and Substances Act published by the Department of Health, as amended from time to time; and

    • (b) provide the information only in an electronic format that is set out in that directive.

 
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