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:Communication of information – police

 The Minister is authorized to provide any of the following information 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:

  • (a) in respect of a named individual, whether the individual is a registered person, a designated person or an individual who is responsible for the registered person;

  • (b) in respect of a specified address, whether the address is

    • (i) the place where a registered person or a designated person ordinarily resides and, if so, the name of that person and the registration number,

    • (ii) the site where the production of marihuana plants is authorized under a registration and, if so, the registration number, the name of the person who is authorized to produce and, if that person is a designated person, the name of the registered person who may participate in the production, or

    • (iii) the site where cannabis may be stored under a registration and, if so, the information referred to in subparagraph (ii); and

  • (c) in respect of a registration,

    • (i) the given name, surname, date of birth and gender of the registered person, the designated person, if any, and the individuals who are responsible for the registered person, if any,

    • (ii) the full address of the place where the registered person and the designated person, if any, ordinarily reside,

    • (iii) the registration number,

    • (iv) the maximum quantity of dried marihuana that the registered person may possess under paragraph 178(2)(f),

    • (v) its effective date and expiry date,

    • (vi) if the registration has expired, whether an application to renew it has been made before the date of expiry and the status of the application,

    • (vii) the full address of the site where the production of marihuana plants is authorized,

    • (viii) the authorized production area,

    • (ix) the maximum number of marihuana plants that may be under production at the production site,

    • (x) the full address of the site where cannabis may be stored, and

    • (xi) the maximum quantity of dried marihuana that may be stored at the site referred to in subparagraph (x).

Marginal note:Communication of information — licensing authorities
  •  (1) The Minister is authorized to provide, in respect of a health care practitioner who provided a medical document that formed the basis for a registration with the Minister, the following information to the provincial professional licensing authority that is responsible for the registration or authorization of persons to practise their profession in the province identified in the document as the province in which the practitioner is authorized to practise:

    • (a) the given name, surname and date of birth of the person who registered with the Minister;

    • (b) the postal code for, and the name of the province specified in, the address of the place where the registered person ordinarily resides;

    • (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; and

    • (f) the date on which the medical document was signed by the health care practitioner.

  • Definition of health care practitioner

    (2) In this section, health care practitioner has the same meaning as in section 122.

[204 to 253 reserved]

PART 3Transitional Provisions

Definition of Licensed Producers Exemption

 In this Part, Licensed Producers Exemption means the Section 56 Class Exemption for Licensed Producers Under the Marihuana for Medical Purposes Regulations to Conduct Activities with Cannabis issued by the Minister on July 8, 2015.

Marginal note:Licences and permits continued
  •  (1) A producer’s licence or an import or export permit issued under the former Marihuana for Medical Purposes Regulations is continued under these Regulations and remains valid until it expires or is revoked.

  • Marginal note:Supplemental licences continued

    (2) A supplemental licence issued in relation to the Licensed Producers Exemption is deemed to be continued under these Regulations as a producer’s licence and remains valid until it expires or is revoked.

  • Marginal note:Security clearances continued

    (3) A security clearance granted under the former Marihuana for Medical Purposes Regulations is continued under these Regulations and remains valid until it expires or is cancelled.

  • Marginal note:Client registrations continued

    (4) A registration of a client with a licensed producer under the former Marihuana for Medical Purposes Regulations is continued under these Regulations and remains valid until it expires or is cancelled.

Marginal note:Decisions by Minister

 A decision made by the Minister under the former Marihuana for Medical Purposes Regulations continues to have effect for the purposes of these Regulations.

Marginal note:Packaging and labelling — dried marihuana

 A licensed producer who sells or provides dried marihuana under subsection 22(4) may, during the 180-day period after the day on which these Regulations come into force, comply with the packaging and labelling provisions of the former Marihuana for Medical Purposes Regulations instead of those of these Regulations.

Marginal note:Packaging and labelling — fresh marihuana or cannabis oil

 A licensed producer who sells or provides fresh marihuana or cannabis oil under subsection 22(4) may, during the 180-day period after the day on which these Regulations come into force, comply with the packaging and labelling provisions of the Licensed Producers Exemption instead of those of these Regulations.

Marginal note:Sale or provision of marihuana plants or seeds

 If a producer’s licence that authorizes the sale or provision of dried marihuana was issued under the former Marihuana for Medical Purposes Regulations and is continued under these Regulations, the licensed producer may, pursuant to that licence and in accordance with these Regulations, sell or provide marihuana plants or seeds under section 22(5) of these Regulations until the earlier of

  • (a) the 180th day after the day on which these Regulations come into force, and

  • (b) the expiry, suspension or revocation of the licence.

Marginal note:Licence and permit applications
  •  (1) If any of the following applications has been submitted under the former Marihuana for Medical Purposes Regulations but the Minister has not made a decision to approve or refuse the application before the day on which these Regulations come into force, it must be processed as an application under these Regulations:

    • (a) an application for a producer’s licence or an application to renew or amend a producer’s licence;

    • (b) an application for an import or export permit; or

    • (c) an application for the approval of a change of personnel under paragraph 30(1)(a) of the Marihuana for Medical Purposes Regulations.

  • Marginal note:Supplemental licence applications

    (2) If an application for a supplemental licence or an application to renew or amend a supplemental licence in relation to the Licensed Producers Exemption has been submitted but the Minister has not made a decision to approve or refuse the application before the day on which these Regulations come into force, it must be processed as an application under these Regulations to amend the producer’s licence to which it relates.

  • Marginal note:Applications for security clearances

    (3) If an application for a security clearance has been submitted under the former Marihuana for Medical Purposes Regulations but the Minister has not made a decision to approve or refuse the application before the day on which these Regulations come into force, it must be processed as an application under these Regulations.

 
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