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

Regulations are current to 2017-11-06 and last amended on 2017-02-13. Previous Versions

Marginal note:Information concerning licensed producers

 The Minister is authorized to provide any information set out in a notice referred to in section 48, 49 or 50 to a Canadian police force or a member of a Canadian police force who requests the information in the course of an investigation under the Act or these Regulations, subject to that information being used only for the purposes of that investigation and the proper administration or enforcement of the Act or these Regulations.

Marginal note:Information concerning import or export permit

 The Minister is authorized, for the purpose of verifying whether an importation or exportation of marihuana or a substance referred to in paragraph 22(3)(c) complies with this Part, to provide to a customs officer in Canada any information referred to in sections 94, 95, 98, 102, 103 and 106 and to inform them whether a permit has been suspended or revoked.

Marginal note:Providing information to foreign organizations

 The Minister is authorized, for the proper administration or enforcement of the Act or these Regulations and for the purpose of enabling Canada to fulfill its international obligations under article 12 of the United Nations Single Convention on Narcotic Drugs, 1961, to provide the following information and documents to the International Narcotics Control Board or a competent authority:

  • (a) any information or document that a licensed producer is required to provide to the Minister under this Division;

  • (b) any information pertaining to an activity authorized by a licence or permit issued to a licensed producer under this Part, including the licensed producer’s name, the nature of the authorized activity and any conditions specified in the licence or permit;

  • (c) in respect of cannabis that a licensed producer receives from another licensed producer or a licensed dealer, the following information:

    • (i) in the case of fresh or dried marihuana or cannabis oil, its quantity and the date on which it was received, or

    • (ii) in the case of cannabis other than substances referred to in subparagraph (i), the name of the substance in question, its quantity and the date on which it was received;

  • (d) in respect of an order that a licensed producer fills under section 143, the quantity of fresh or dried marihuana, cannabis oil or marihuana plants or seeds and the date on which it was shipped;

  • (e) in respect of an order that a licensed producer fills under subsection 149(1) or (2), the following information:

    • (i) in the case of dried marihuana, its quantity and the date on which it was shipped, or

    • (ii) in the case of cannabis other than dried marihuana, the name of the substance in question, its quantity and the date on which it was shipped;

  • (f) any record that a licensed producer is required to keep under subsection 161(2) or section 163, 164 or 166; and

  • (g) a copy of any permit issued under section 95 or 103.

Marginal note:Security clearance — Minister

 The Minister is authorized to communicate to a law enforcement agency information concerning an application for a security clearance for the purpose of conducting the checks referred to in section 111, subject to that information being used by that agency only for that purpose.

DIVISION 2Client Registration and Ordering

Registration

Marginal note:Eligibility

 An individual is eligible to be a client of a licensed producer only if they ordinarily reside in Canada.

Marginal note:Registration application
  •  (1) Before registering an individual as a client, a licensed producer must obtain from the individual or an individual who is responsible for the individual an application that contains the following information, as well as the original of the applicant’s medical document or a copy of their registration certificate issued by the Minister under Part 2:

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

    • (b) either

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

      • (ii) if the applicant ordinarily resides in Canada but has no dwelling 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 food, lodging or other social services to the applicant;

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

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

    • (e) 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;

    • (f) an indication as to which of the following is to be their shipping address for fresh or dried marihuana or cannabis oil:

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

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

      • (iii) the address of the health care practitioner who provided the medical document, if the practitioner has given their consent under section 131 to receive the shipment on behalf of the applicant; and

    • (g) in the case of a registration application that is made on the basis of a registration with the Minister made under Part 2,

      • (i) an indication as to whether the application is being made for the purpose of obtaining

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

        • (B) marihuana plants or seeds, or

        • (C) the substances referred to in clauses (A) and (B), and

      • (ii) if applicable, the applicant’s shipping address for marihuana plants or seeds, which must be one of the following addresses that is specified in their registration with the Minister:

        • (A) the address of the site for the production of marihuana plants, or

        • (B) the address of the site for the storage of cannabis.

  • Marginal note:Statement — application supported by medical document

    (2) An application that is supported by a medical document must be signed and dated by the applicant or an individual who is responsible for the applicant and include a statement that

    • (a) the applicant ordinarily resides in Canada;

    • (b) the information in the application and the medical document is correct and complete;

    • (c) the medical document is not being used to seek or obtain fresh or dried marihuana or cannabis oil from another source;

    • (d) the original of the medical document is provided in support of the application; and

    • (e) the applicant will use fresh or dried marihuana or cannabis oil only for their own medical purposes.

  • Marginal note:Statement — application supported by registration certificate

    (3) An application that is supported by a copy of a registration certificate issued by the Minister under Part 2 must be signed and dated by the applicant or an individual who is responsible for the applicant and include a statement that

    • (a) the applicant ordinarily resides in Canada;

    • (b) the information in the application and the registration certificate is correct and complete; and

    • (c) if the application is being made for the purpose of obtaining fresh or dried marihuana or cannabis oil,

      • (i) the registration certificate is not being used to seek or obtain those substances from another source, and

      • (ii) the applicant will use those substances only for their own medical purposes.

  • Marginal note:Statement by responsible individual

    (4) If the application is signed and dated by an individual who is responsible for the applicant, it must include a statement by that individual that they are responsible for the applicant.

  • Marginal note:Homeless applicant

    (5) If an application includes the information referred to in subparagraph (1)(b)(ii), the applicant must include with the application an attestation of residence signed and dated by a manager of the specified shelter, hostel or similar institution confirming that the institution provides food, lodging or other social services to the applicant.

 
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