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:Notice to local authorities — amendment application
  •  (1) Before submitting a licence amendment application to the Minister under section 39 concerning a change referred to in subsection (2), a licensed producer must provide a written notice to the authorities referred to in paragraphs 48(1)(a) to (c) in the area in which the site to be specified in the amended licence is located.

  • Marginal note:Applicable changes

    (2) Subsection (1) applies in respect of an application to amend a licence to change

    • (a) the name of the licensed producer;

    • (b) the activities to be conducted by the producer under the licence; or

    • (c) the address of the site and, if applicable, of each building within the site where those activities are to be conducted.

  • Marginal note:Content of notice

    (3) The notice must contain the following information:

    • (a) the name of the licensed producer and, if applicable, the proposed new name of the producer;

    • (b) the date on which the producer will submit the application to the Minister;

    • (c) the activities referred to in subsection 22(1) that are to be set out in the amended licence, specifying that they are to be conducted in respect of cannabis; and

    • (d) the address of the site and, if applicable, of each building within the site that is to be set out in the amended licence.

  • Marginal note:Senior official

    (4) The notice must be addressed to a senior official of the local authority to whom it is provided.

Marginal note:Notice to local authorities — various matters
  •  (1) Within 30 days after the issuance, renewal, amendment, suspension, reinstatement or revocation of its licence, a licensed producer must provide a written notice to the local authorities referred to in paragraphs 48(1)(a) to (c) in the area in which the site specified in the licence is located and provide a copy of the notice to the Minister.

  • Marginal note:Content of notice

    (2) The notice must contain the following information:

    • (a) the name of the licensed producer and the address of their site; and

    • (b) a description of the applicable event referred to in subsection (1) and its effective date and, in the case of an amendment to the licence, details of the amendment.

  • Marginal note:Senior official

    (3) The notice must be addressed to a senior official of the local authority to whom it is provided.

Marginal note:Notice to licensing authorities
  •  (1) Within 30 days after the issuance of its licence, a licensed producer must provide a written notice to each licensing authority that is responsible for the registration or authorization of persons to practise medicine or nursing in each province and provide a copy of the notice to the Minister.

  • Marginal note:Content of notice

    (2) The notice must contain the following information:

    • (a) the name of the licensed producer, the mailing address of their site and, if applicable, their email address; and

    • (b) the effective date of the licence.

SUBDIVISION CSecurity Measures

General

Marginal note:Compliance with security measures

 A licensed producer must ensure that the security measures set out in this Subdivision are carried out.

Marginal note:Unauthorized access

 The licensed producer’s site must be designed in a manner that prevents unauthorized access.

Perimeter of Site

Marginal note:Visual monitoring
  •  (1) The perimeter of the licensed producer’s site must be visually monitored at all times by visual recording devices to detect any attempted or actual unauthorized access.

  • Marginal note:Visual recording devices

    (2) The devices must, in the conditions under which they are used, be capable of making a visible recording of any attempted or actual unauthorized access.

Marginal note:Intrusion detection system

 The perimeter of the licensed producer’s site must be secured by means of an intrusion detection system that operates at all times and that allows for the detection of any attempted or actual unauthorized access to or movement in the site or tampering with the system.

Marginal note:Monitoring by personnel
  •  (1) The intrusion detection system must be monitored at all times by personnel who must determine the appropriate steps to be taken in response to the detection of any occurrence referred to in section 54 or 55.

  • Marginal note:Record of detected occurrences

    (2) If any such occurrence is detected, the personnel must make a record of

    • (a) the date and time of the occurrence; and

    • (b) the measures taken in response to it and the date and time when they were taken.

Areas Within a Site Where Cannabis is Present

Marginal note:Restricted access
  •  (1) Access to areas within a site where cannabis is present (referred to in this section and sections 58 to 61 as those areas) must be restricted to persons whose presence in those areas is required by their work responsibilities.

  • Marginal note:Responsible person in charge present

    (2) The responsible person in charge or, if applicable, the alternate responsible person in charge must be physically present while other persons are in those areas.

  • Marginal note:Record

    (3) A record must be made of the identity of every person entering or exiting those areas.

Marginal note:Physical barriers

 Those areas must include physical barriers that prevent unauthorized access.

Marginal note:Visual monitoring
  •  (1) Those areas must be visually monitored at all times by visual recording devices to detect illicit conduct.

  • Marginal note:Visual recording devices

    (2) The devices must, in the conditions under which they are used, be capable of making a visible recording of illicit conduct.

Marginal note:Intrusion detection system

 Those areas must be secured by means of an intrusion detection system that operates at all times and that allows for the detection of any attempted or actual unauthorized access to or movement in those areas or tampering with the system.

Marginal note:Filtration of air

 Those areas must be equipped with a system that filters air to prevent the escape of odours and, if present, pollen.

Marginal note:Monitoring by personnel
  •  (1) The intrusion detection system must be monitored at all times by personnel who must determine the appropriate steps to be taken in response to the detection of any occurrence referred to in section 59 or 60.

  • Marginal note:Record of detected occurrences

    (2) If any such occurrence is detected, the personnel must make a record of

    • (a) the date and time of the occurrence; and

    • (b) the measures taken in response to it and the date and time when they were taken.

SUBDIVISION DGood Production Practices

Marginal note:Prohibition — sale, provision or export
  •  (1) A licensed producer must not sell or provide fresh or dried marihuana, cannabis oil or marihuana plants or seeds under subsection 22(4) or (5) or export them, if applicable, unless the applicable requirements of this Subdivision have been met.

  • Marginal note:Research and development activity

    (2) A licensed producer must not sell or provide those substances under subsection 22(4) or (5) if they have been used in research and development activity.

Marginal note:Microbial and chemical contaminants

 The microbial and chemical contaminants of fresh or dried marihuana or cannabis oil must be within generally accepted tolerance limits for herbal medicines for human consumption, as established in any publication referred to in Schedule B to the Food and Drugs Act.

 
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