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Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2020-01-27 and last amended on 2019-12-09. Previous Versions

PART 3Security Clearances (continued)

Marginal note:Reinstatement of security clearance

  •  (1) The Minister must reinstate a suspended security clearance if

    • (a) the reasons for the suspension no longer exist or the holder of the security clearance demonstrates to the Minister that the suspension was unfounded; or

    • (b) the Minister determines, taking into account any licence conditions that he or she imposes under subsection 62(10) of the Act, that the holder of the security clearance does not pose an unacceptable risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity.

  • Marginal note:Factors

    (2) The factors that the Minister may consider to determine the level of risk posed by the holder of the security clearance include those set out in subsection 53(2).

  • Marginal note:Notice of reinstatement

    (3) The Minister must, without delay after reinstating a security clearance, provide the holder of the security clearance, and any affected holder of or applicant for a licence, with notice of the reinstatement in writing.

Marginal note:Cancellation of security clearance

  •  (1) A security clearance may not be cancelled unless

    • (a) it is suspended and the period within which the holder may make representations in respect of the suspension has expired; and

    • (b) the Minister has determined that the holder poses an unacceptable risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity.

  • Marginal note:Factors

    (2) The factors that the Minister may consider to determine the level of risk posed by the holder include those set out in subsection 53(2).

  • Marginal note:Notice of cancellation

    (3) The Minister must, without delay after cancelling a security clearance, provide the holder, and any affected holder of or applicant for a licence, with notice of the cancellation in writing.

Marginal note:Ineligibility — new application

 If the Minister refuses to grant or cancels a security clearance, the individual who has been refused a security clearance or the former holder may submit a new application for a security clearance only if

  • (a) a period of five years has elapsed since the day on which the refusal or cancellation occurred; or

  • (b) a change has occurred in the circumstances that led to the refusal or cancellation.

PART 4Physical Security Measures

DIVISION 1Licences Requiring Increased Security Measures

General Provisions

Marginal note:Security measures

  •  (1) The security measures set out in sections 63 to 72 apply in respect of the sites set out in the following licences:

    • (a) a licence for standard cultivation;

    • (b) a licence for standard processing;

    • (c) a licence for sale that authorizes the possession of cannabis; and

    • (d) a cannabis drug licence if the amount of cannabis that is sold or distributed to the holder of the licence is, as determined in accordance with the table to section 21, equivalent to more than 600 kg of dried cannabis per calendar year.

  • Marginal note:Compliance with security measures

    (2) A holder of a licence referred to in subsection (1) must ensure that the security measures are complied with.

  • Marginal note:Equivalency

    (3) The cannabis referred to in paragraph (1)(d) is exempt from the application of subsection 2(4) of the Act and a quantity referred to in column 2 of the table to section 21 in respect of any class of cannabis referred to in column 1 is deemed to be equivalent to 1 kg of dried cannabis.

Site Design

Marginal note:Site design

 The site must be designed in a manner that prevents unauthorized access.

Perimeter of Site

Marginal note:Visual monitoring

  •  (1) The perimeter of the site must be monitored at all times by visual recording devices to detect any attempted or actual unauthorized access to the site.

  • 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 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 the site and any attempted or actual tampering with the system.

Marginal note:Monitoring and response

  •  (1) The intrusion detection system referred to in section 65 must be monitored at all times.

  • Marginal note:Appropriate measures

    (2) The holder of the licence must determine the appropriate measures to be taken if any occurrence referred to in section 65 is detected.

  • Marginal note:Record of detected occurrences

    (3) If any such occurrence is detected, the holder of the licence must ensure that a document is retained that contains the following information:

    • (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.

Operations Areas and Storage Areas

Marginal note:Location of storage area

 Each storage area must be located within an area that satisfies the security measures set out in subsection 68(1), section 69, subsections 70(1) and (3), subsection 71(1) and section 72.

Marginal note:Restricted access

  •  (1) Access to each operations area and storage area must be restricted to individuals whose presence in the area is required by their duties.

  • Marginal note:Record — storage area

    (2) A record must be maintained of the identity of every individual entering or exiting a storage area.

Marginal note:Physical barrier

 Each operations area and storage area must be surrounded by a physical barrier that prevents unauthorized access.

Marginal note:Visual monitoring

  •  (1) Each operations area and storage area must be monitored at all times by visual recording devices to detect illicit conduct.

  • Marginal note:Exception — grow area

    (2) For a grow area, only the entry and exit points of the area must be monitored by the devices.

  • Marginal note:Visual recording devices

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

Marginal note:Intrusion detection system

  •  (1) Each operations area and storage area 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 the area, any unauthorized movement in the area and any attempted or actual tampering with the system.

  • Marginal note:Exception — grow area

    (2) The intrusion detection system is not required to detect unauthorized movement in a grow area.

Marginal note:Monitoring and response

  •  (1) The intrusion detection system referred to in section 71 must be monitored at all times.

  • Marginal note:Appropriate measures

    (2) The holder of the licence must determine the appropriate measures to be taken if any occurrence referred to in section 70 or 71 is detected.

  • Marginal note:Record of detected occurrences

    (3) If any such occurrence is detected, the holder of the licence must ensure that a document is retained that contains the following information:

    • (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.

Marginal note:Retention

 A holder of a licence referred to in subsection 62(1) must retain

  • (a) a visual recording made under section 64 or 70 for at least one year after the day on which it is made;

  • (b) a document referred to in subsection 66(3) or 72(3) for at least two years after the day on which it is prepared; and

  • (c) the information in the record referred to in subsection 68(2) for at least two years after the day on which the information is recorded.

 
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