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:Information required by Minister

 A licensed producer must provide the Minister with any information that the Minister may require in respect of the records, documents and information referred to in this Division, in the form and at the times that the Minister specifies.

Marginal note:Former licensed producers

 If a producer’s licence expires without being renewed or is revoked, the former licensed producer must comply with the requirements of sections 169 and 170.

PART 2Production for Own Medical Purposes and Production by a Designated Person

Interpretation

Marginal note:Definition
  •  (1) In this Part, production area means the place where the production of marihuana plants is conducted, that is

    • (a) entirely indoors;

    • (b) entirely outdoors; or

    • (c) partly indoors and partly outdoors.

  • Marginal note:Adjacent land

    (2) For the purposes of paragraphs 177(4)(e) and 193(1)(d), a piece of land is considered to be adjacent to another piece of land if its boundary has at least one point in common with the boundary of the other piece of land.

General Provision

Marginal note:Signature and attestation

 An application, declaration or notice that is required to be submitted under this Part by an applicant or registered person must be signed and dated by them — or an individual who is responsible for them — and attest that the information contained in it is correct and complete.

DIVISION 1Registration with Minister

Marginal note:Eligibility – registered person
  •  (1) An individual is eligible to be a registered person only if they ordinarily reside in Canada.

  • Marginal note:Eligibility – production for own medical purposes

    (2) An individual is eligible to produce cannabis for their own medical purposes as a registered person only if they are an adult.

  • Marginal note:Prior offences

    (3) An individual is not eligible to conduct the production referred to in subsection (2) if, within the preceding 10 years, they have been convicted, as an adult, of

    • (a) a designated cannabis offence — or an offence committed outside Canada that, if committed in Canada, would have constituted such an offence — that was committed while they were authorized to produce cannabis under the Act, other than under the former Marihuana Medical Access Regulations; or

    • (b) a designated marihuana offence — or an offence committed outside Canada that, if committed in Canada, would have constituted such an offence — that was committed while they were authorized to produce marihuana

      • (i) under the Act, other than under these Regulations, or

      • (ii) by virtue of an injunction order issued by a court.

  • Marginal note:Definitions

    (4) The following definitions apply in this section.

    designated cannabis offence

    designated cannabis offence means

    • (a) an offence, in respect of cannabis, under section 5 of the Act, or under section 6 of the Act except with respect to importation; or

    • (b) a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a). (infraction désignée relativement au chanvre indien)

    designated marihuana offence

    designated marihuana offence means

    • (a) an offence, in respect of marihuana, under section 5 of the Act, or under section 6 of the Act except with respect to importation; or

    • (b) a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a). (infraction désignée relativement à la marihuana)

Marginal note:Eligibility — one registration only

 An individual must not be registered more than once at any time.

Marginal note:Eligibility — designated person
  •  (1) Subject to subsection (2), an individual is eligible to be a designated person only if they are an adult who ordinarily resides in Canada.

  • Marginal note:Prior offences

    (2) An individual is not eligible to be a designated person if, within the preceding 10 years, they

    • (a) have been convicted, as an adult, of a designated drug offence, as defined in section 2 of the Narcotic Control Regulations;

    • (b) have been convicted, as an adult, of an offence committed outside Canada that, if committed in Canada, would have constituted an offence referred to in paragraph (a);

    • (c) have been convicted of an offence referred to in paragraph (a) as a young person in ordinary court, as those terms were defined in subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, immediately before that Act was repealed;

    • (d) were a young person who received an adult sentence, as those terms are defined in subsection 2(1) of the Youth Criminal Justice Act, in respect of an offence referred to in paragraph (a); or

    • (e) received a sentence — for an offence they committed outside Canada when they were at least 14 years old but less than 18 years old that, if committed in Canada, would have constituted an offence referred to in paragraph (a) — that was longer than the maximum youth sentence that could have been imposed under the Youth Criminal Justice Act for such an offence.

Marginal note:Registration application
  •  (1) An individual seeking a registration to produce cannabis for their own medical purposes or to have it produced for them by a designated person must submit to the Minister an application that includes the original of the applicant’s medical document and the information and documents required by this section.

  • Marginal note:Responsible individual

    (2) The application and related documents may also be submitted by an individual who is responsible for the applicant, in which case the application must be signed and dated by that individual and include a statement by them that they are responsible for the applicant.

  • Marginal note:Basic information

    (3) The application must include

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

    • (b) the full address of the place where the applicant ordinarily resides, as well as the applicant’s telephone number and, if applicable, facsimile number and email address;

    • (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 paragraph (b) is an establishment that is not a private residence, the type and name of the establishment;

    • (f) an indication that, as applicable,

      • (i) the applicant will comply with the possession limit referred to in section 6, or

      • (ii) any individual who is responsible for the applicant will comply with that limit and ensure that the applicant complies with it;

    • (g) an indication as to whether the registration is sought in respect of cannabis to be produced by the applicant or by a designated person named in the application; and

    • (h) an indication that the applicant or, if applicable, any individual who is responsible for the applicant will take all necessary measures to ensure the security of the cannabis in their possession.

  • Marginal note:Production for own medical purposes

    (4) If the applicant intends to produce cannabis for their own medical purposes, the application must also include

    • (a) an indication that, within the 10 years preceding the application, they have not been convicted, as an adult, of an offence referred to in paragraph 174(3)(a) or (b);

    • (b) an indication that they will comply with the limit on the maximum number of plants under production referred to in paragraph 178(2)(l) and the limit on the maximum quantity of dried marihuana in storage referred to in paragraph 178(2)(n);

    • (c) the full address of the site where the proposed production of marihuana plants is to be conducted;

    • (d) the proposed production area;

    • (e) if the proposed production area involves outdoor production entirely or partly indoor and partly outdoor production, an indication that the production site is not adjacent to a school, public playground, day-care facility or other public place frequented mainly by persons under 18 years of age;

    • (f) an indication that the cannabis, other than marihuana plants, will be stored indoors and whether it is proposed to store it at

      • (i) the proposed site for the production of marihuana plants, or

      • (ii) the ordinary place of residence of the applicant, if different than the site referred to in subparagraph (i); and

    • (g) an indication that the applicant will take all necessary measures to ensure the security of the marihuana plants and cannabis.

  • Marginal note:Production by designated person

    (5) If the cannabis is to be produced by a designated person, the application must include a declaration by the designated person that includes

    • (a) the information referred to in paragraphs (3)(a) to (c) and (e), in respect of the designated person;

    • (b) the information referred to in paragraphs (4)(c) to (e);

    • (c) an indication that the cannabis, other than marihuana plants, will be stored indoors and whether it is proposed to store it at

      • (i) the proposed site for the production of marihuana plants, or

      • (ii) the ordinary place of residence of the designated person, if different than the site referred to in subparagraph (i);

    • (d) an indication that

      • (i) within the 10 years preceding the application, they have not been convicted of an offence referred to in any of paragraphs 176(2)(a) to (c) or received a sentence referred to in paragraph 176(2)(d) or (e),

      • (ii) that they will take all necessary measures to ensure the security of the marihuana plants and cannabis, and

      • (iii) they will comply with the limit on the maximum number of plants under production referred to in paragraph 178(2)(l) and the limit on the maximum quantity of dried marihuana in storage referred to in paragraph 178(2)(n); and

    • (e) a document issued by a Canadian police force establishing that, within the 10 years preceding the application, the designated person has not been convicted of an offence referred to in paragraph 176(2)(a) or (c) or received a sentence referred to in paragraph 176(2)(d).

  • Marginal note:Signature and attestation of designated person

    (6) The declaration referred to in subsection (5) must be signed and dated by the designated person and attest that the information contained in it is correct and complete.

  • Marginal note:Consent of owner

    (7) If the proposed site for the production of marihuana plants is not the ordinary place of residence of the applicant or of the designated person, if any, and is not owned by the applicant or the designated person, the application must include the given name, surname, address and telephone number of the owner of the site and a declaration signed and dated by them consenting to production at the site.

 
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