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:Amendment
  •  (1) A licensed producer must amend a client’s registration if the client’s amendment application meets the requirements of subsections 137(2) and (3).

  • Marginal note:Amended registration document

    (2) If the licensed producer amends the client’s registration, the producer must send the client an amended registration document that contains the information referred to in subparagraphs 133(2)(a)(i) and (ii).

Marginal note:Cancellation of registration
  •  (1) A licensed producer must cancel the registration of a client if

    • (a) the client or an individual who is responsible for the client requests the licensed producer to cancel the registration;

    • (b) the client dies, ceases to ordinarily reside in Canada or ceases to have a shipping address in Canada;

    • (c) the licensed producer has reasonable grounds to believe that

      • (i) the registration was made on the basis of false or misleading information submitted in, or false or falsified documents submitted with, the registration application, or

      • (ii) false or misleading information was submitted in, or false or falsified documents were submitted with, the application to amend the registration;

    • (d) the health care practitioner who provided the medical document to the client notifies the licensed producer in writing that the use of dried marihuana by the client is no longer supported for clinical reasons;

    • (e) the health care practitioner who provided the medical document to the client is named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations; or

    • (f) the licensed producer is notified that the registration with the Minister made under Part 2 that supports the registration with the producer has been cancelled.

  • Marginal note:Time of cancellation

    (2) The licensed producer must cancel the registration of the client without delay if the producer

    • (a) receives a request referred to in paragraph (1)(a) or a written notice under paragraph (1)(d);

    • (b) becomes aware of a ground referred to in paragraph (1)(b), (e) or (f) and has verified in a reasonable manner the existence of the ground; or

    • (c) has reasonable grounds to believe that a ground referred to in subparagraph (1)(c)(i) or (ii) exists.

  • Marginal note:Cancellation by producer for business reason

    (3) A licensed producer may also cancel the registration of a client for a business reason.

  • Marginal note:Notice

    (4) Except in the case of the death of a client, a licensed producer who proposes to cancel a client’s registration under subsection (1) or (3) must without delay send a notice that indicates the reason for the cancellation to the client.

  • Marginal note:Opportunity to be heard

    (5) The client or an individual who is responsible for the client may, within 10 days after receipt of the notice referred to in subsection (4), provide the licensed producer with reasons why the cancellation is unfounded.

  • Marginal note:Cancellation of all registrations

    (6) A licensed producer whose licence is revoked must, without delay,

    • (a) cancel the registrations of all of their clients; and

    • (b) send a notice to each client that indicates the reason for the cancellation.

  • Marginal note:Medical document

    (7) A licensed producer who cancels a client’s registration must not return the medical document.

  • Marginal note:Notice to Minister

    (8) If a licensed producer cancels a registration that is supported by a registration with the Minister made under Part 2, they must notify the Minister of the cancellation and provide the Minister with the following information:

    • (a) the given name and surname of the person named in the Part 2 registration;

    • (b) the person’s date of birth;

    • (c) the registration number of the Part 2 registration;

    • (d) the date of the cancellation; and

    • (e) the reason for the cancellation.

Marginal note:Prohibition — transfer of document

 A licensed producer must not transfer to any person

  • (a) a medical document on the basis of which a client has been registered; or

  • (b) a copy of a registration certificate issued by the Minister under Part 2 on the basis of which a client has been registered.

New Medical Document or Registration Certificate

Marginal note:New application – new medical document
  •  (1) A licensed producer must not sell or provide fresh or dried marihuana or cannabis oil to a client or an individual who is responsible for the client on the basis of a new medical document unless the client or the individual submits to the producer a new registration application that meets the requirements of section 130.

  • Marginal note:New application – new registration certificate

    (2) A licensed producer must not sell or provide fresh or dried marihuana, cannabis oil or marihuana plants or seeds to a client or an individual who is responsible for the client on the basis of a new registration certificate issued by the Minister under Part 2 unless the client or the individual submits to the producer a new registration application that meets the requirements of section 130.

Marginal note:Applicable provisions

 Sections 131 to 136 apply to an application under section 141.

Processing an Order

Marginal note:Order required
  •  (1) A licensed producer must not sell or provide fresh or dried marihuana, cannabis oil or marihuana plants or seeds to a client or an individual who is responsible for the client unless the producer has first received, from the client or the individual, a written order in accordance with subsection (2) or a verbal order recorded in accordance with subsection (3).

  • Marginal note:Written orders

    (2) A written order must

    • (a) be dated as of the day on which it is placed;

    • (b) set out

      • (i) the given name, surname and date of birth of the client for whom the order is placed,

      • (ii) the given name and surname of the person placing the order,

      • (iii) the shipping address specified in the client’s registration document for the substance being ordered, and

      • (iv) the client’s unique identifier; and

    • (c) specify the name of the substance being ordered and its quantity and brand name.

  • Marginal note:Verbal orders

    (3) A licensed producer who receives a verbal order must, before filling the order, make a record of the information referred to in section 155.

Marginal note:Shipping

 In filling an order referred to in section 143, a licensed producer must not transfer physical possession of the fresh or dried marihuana, cannabis oil or marihuana plants or seeds to the client or to an individual who is responsible for that client other than by shipping it to that person.

Marginal note:Refusal
  •  (1) A licensed producer must refuse to fill an order referred to in section 143 if

    • (a) the order does not meet the requirements of section 143;

    • (b) any of the information that is referred to in subparagraph 143(2)(b)(i) or (iii) does not correspond to the information set out in the client’s registration document in accordance with clause 133(2)(a)(ii)(A) or (C);

    • (c) the client’s unique identifier referred to in subparagraph 143(2)(b)(iv) is not correct;

    • (d) the client’s registration has expired or been cancelled;

    • (e) the order specifies a quantity of fresh or dried marihuana or cannabis oil that exceeds the equivalent of 150 g of dried marihuana;

    • (f) the order specifies a total quantity of marihuana plants and seeds that, taking into account the equivalency factor specified in subsection (2), exceeds the equivalent of the maximum number of plants, determined in accordance with section 190, that are authorized to be under production under the client’s registration with the Minister made under Part 2;

    • (g) the order has been previously filled in whole or in part; or

    • (h) more than 30 days have elapsed since the date referred to in paragraph 143(2)(a) or 155(a).

  • Marginal note:Equivalency factor

    (2) For the purposes of paragraph (1)(f), three marihuana seeds are equivalent to one marihuana plant.

  • Marginal note:Notice of refusal

    (3) The licensed producer must send the client a written notice of the reason for the refusal.

 
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