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

DIVISION 1Licensed Producers

SUBDIVISION AAuthorized Activities and General Obligations

Marginal note:Activities
  •  (1) Subject to subsections (2) to (8) and to the other provisions of these Regulations, a licensed producer may

    • (a) possess, produce, sell, provide, ship, deliver, transport and destroy marihuana or cannabis oil;

    • (b) possess and produce cannabis in its natural form, other than marihuana or cannabis oil, for the purpose of producing cannabis oil, and sell, provide, ship, deliver, transport and destroy that cannabis if it was obtained or produced for that purpose; and

    • (c) possess and produce cannabis, other than marihuana or cannabis oil, for the purpose of conducting in vitro testing that is necessary to determine the cannabinoid content of marihuana or cannabis oil, and sell, provide, ship, deliver, transport and destroy that cannabis if it was obtained or produced for that purpose.

  • Marginal note:Cannabis

    (2) A licensed producer may sell or provide a substance referred to in subsection (3) to

    • (a) another licensed producer;

    • (b) a licensed dealer;

    • (c) the Minister; or

    • (d) a person to whom an exemption relating to the substance has been granted under section 56 of the Act.

  • Marginal note:Substances

    (3) The substances that may be sold or provided under subsection (2) are

    • (a) marihuana and cannabis oil;

    • (b) cannabis in its natural form, other than marihuana or cannabis oil, that was obtained or produced for the purpose of producing cannabis oil; and

    • (c) cannabis, other than marihuana or cannabis oil, that was obtained or produced for the purpose of conducting in vitro testing that is necessary to determine the cannabinoid content of marihuana or cannabis oil.

  • Marginal note:Fresh or dried marihuana or cannabis oil

    (4) A licensed producer may

    • (a) sell or provide fresh or dried marihuana or cannabis oil to

      • (i) a client of that producer or an individual who is responsible for the client,

      • (ii) a hospital employee, if the possession of the substance is for the purposes of and in connection with their employment, or

      • (iii) a person to whom an exemption relating to the substance has been granted under section 56 of the Act; and

    • (b) ship fresh or dried marihuana or cannabis oil to a health care practitioner in the case referred to in subparagraph 130(1)(f)(iii).

  • Marginal note:Registered person

    (5) A licensed producer may sell or provide marihuana plants or seeds to a client who is registered with them on the basis of a registration with the Minister made under Part 2 or to an individual who is responsible for the client.

  • Marginal note:Activities limited

    (6) A licensed producer may conduct an activity referred to in subsection (1), (2), (4) or (5) if the producer

    • (a) is licensed to conduct the activity; and

    • (b) conducts the activity in accordance with their licence.

  • Marginal note:Import

    (7) A licensed producer may import marihuana or a substance referred to in paragraph (3)(c) if they do so in accordance with an import permit issued under section 95.

  • Marginal note:Export

    (8) A licensed producer may

    • (a) possess marihuana or a substance referred to in paragraph (3)(c) for the purpose of export; and

    • (b) export it if they do so in accordance with an export permit issued under section 103.

Marginal note:Dwelling place

 A licensed producer must not conduct any activity referred to in section 22 at a dwelling place.

Marginal note:Activities — indoors and at site

 A licensed producer must produce, package or label cannabis only indoors and at the producer’s site.

Marginal note:Indoor storage only
  •  (1) A licensed producer must store cannabis only indoors and at the producer’s site.

  • Marginal note:Security Directive

    (2) A licensed producer must store cannabis, other than marihuana plants, in accordance with the Security Directive.

Marginal note:Identification of licensed producer

 A licensed producer must include their name, as set out in their licence, on all the means by which the producer identifies themself in relation to cannabis, including advertising, product labels, orders, shipping documents and invoices.

Marginal note:Responsible person in charge present

 A licensed producer must not perform a transaction involving cannabis unless the responsible person in charge or, if applicable, the alternate responsible person in charge is physically present at the producer’s site.

Marginal note:Safekeeping during transportation

 A licensed producer must take any steps that are necessary to ensure the safekeeping of

  • (a) cannabis, when shipping, delivering or transporting it; and

  • (b) marihuana, cannabis oil or a substance referred to in paragraph 22(3)(c), when transporting it to a port of exit from Canada and when transporting it between the port of entry into Canada and the producer’s site.

Marginal note:Report of loss or theft

 If a licensed producer experiences a theft of cannabis or an unusual waste or disappearance of cannabis that cannot be explained on the basis of normally accepted business activities, the licensed producer must

  • (a) report the occurrence to a member of a police force within 24 hours after becoming aware of it; and

  • (b) provide a written report to the Minister within 10 days after becoming aware of the occurrence.

Marginal note:Destruction
  •  (1) A licensed producer may destroy cannabis only if they do so

    • (a) in accordance with a method that

      • (i) conforms with all federal, provincial and municipal environmental legislation applicable to the location at which it is to be destroyed, and

      • (ii) does not result in any person being exposed to cannabis smoke; and

    • (b) in the presence of at least two persons who are qualified to witness the destruction, one of whom must be a person referred to in paragraph (2)(a).

  • Marginal note:Witness to destruction

    (2) The following persons are qualified to witness the destruction of cannabis:

    • (a) the senior person in charge, the responsible person in charge and, if applicable, the alternate responsible person in charge; and

    • (b) a person who works for or provides services to the licensed producer and acts in a senior position.

  • Marginal note:Transportation of cannabis

    (3) If the cannabis is to be destroyed at a location other than the licensed producer’s site, the senior person in charge, the responsible person in charge or, if applicable, the alternate responsible person in charge must accompany the cannabis to the location at which it is to be destroyed.

SUBDIVISION BLicensing

Marginal note:Eligible persons

 The following persons are eligible to apply for a producer’s licence:

  • (a) an adult who ordinarily resides in Canada; and

  • (b) a corporation that has its head office in Canada or operates a branch office in Canada and whose officers and directors are all adults.

Marginal note:Senior person in charge and responsible person in charge
  •  (1) A licensed producer must designate

    • (a) one senior person in charge to have overall responsibility for management of the activities conducted by the licensed producer under their licence at their site — who may, if appropriate, be the licensed producer; and

    • (b) one responsible person in charge to work at the licensed producer’s site and have responsibility for supervising the activities with respect to cannabis conducted by the licensed producer under their licence at that site and for ensuring that the activities comply with the Act and its regulations and the Food and Drugs Act — who may, if appropriate, be the senior person in charge.

  • Marginal note:Alternate responsible person in charge

    (2) A licensed producer may designate one or more alternate responsible persons in charge to work at the licensed producer’s site and have authority to replace the responsible person in charge when that person is absent.

  • Marginal note:Eligibility

    (3) The senior person in charge, the responsible person in charge and, if applicable, the alternate responsible person in charge

    • (a) must be adults; and

    • (b) must be familiar with the provisions of the Act and its regulations and the Food and Drugs Act that apply to the licence held by the licensed producer by whom they are designated.

 
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