Cannabis Regulations (SOR/2018-144)

Marginal note:Prohibited representation — health and cosmetic benefits

132.28 It is prohibited to make an express or implied representation, including by way of a brand element, on a cannabis product — or on the package of a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — if there are reasonable grounds to believe that the representation could create the impression that health or cosmetic benefits may be derived from the use of the cannabis product.

Marginal note:Prohibited representation — energy value and amount of nutrient

• 132.29 (1) It is prohibited to make an express or implied representation, including by way of a brand element, on edible cannabis that is a cannabis product or on a cannabis accessory that contains edible cannabis and that is a cannabis product — or on the package of such a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — concerning the energy value referred to in item 2 of the table to section 132.22 or the amount of any nutrient referred to in items 3 to 15 of that table or in items 5 to 37 of the table to section B.01.402 of the Food and Drug Regulations.

• Marginal note:Interpretation — nutrition facts table

  (2) For greater certainty, subsection (1) does not limit the application of paragraphs 132.18(1)(n) and 132.19(1)(i).

Marginal note:Prohibited representation — dietary requirements

132.3 It is prohibited to make an express or implied representation, including by way of a brand element, on edible cannabis that is a cannabis product or on a cannabis accessory that contains edible cannabis and that is a cannabis product — or on the package of such a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — if there are reasonable grounds to believe that the representation could create the impression that the cannabis product is intended

• (a) to meet the particular dietary requirements of an individual

  • (i) who has a physical or physiological condition as a result of a disease, disorder or injury, or

  • (ii) for whom a particular effect, including weight loss, is to be obtained by a controlled intake of food; or

• (b) to meet the dietary requirements of young persons.

Marginal note:Prohibited representation — alcoholic beverages

132.31 It is prohibited to make an express or implied representation, including by way of a brand element, on a cannabis product — or on the package of a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — if there are reasonable grounds to believe that the representation could associate the cannabis product with an alcoholic beverage.

Marginal note:Prohibited representation — tobacco products and vaping products

132.32 It is prohibited to make an express or implied representation, including by way of a brand element, on a cannabis product — or on the package of a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — if there are reasonable grounds to believe that the representation could associate the cannabis product with a tobacco product, as defined in section 2 of the Tobacco and Vaping Products Act, or a vaping product to which that Act applies.

Marginal note:Non-application — name and email address

132.33 Section 132.28, subsection 132.29(1) and sections 132.3 to 132.32 do not apply with respect to the name and email address that are included on the label in accordance with paragraph 123(1)(a).

Marginal note:Standardized cannabis symbol on cannabis product intended for inhalation

• 132.34 (1) The standardized cannabis symbol that must be obtained from the Minister in the form of an electronic file must be clearly and prominently displayed on the outer surface of a cannabis accessory that contains a cannabis extract and that is a cannabis product intended to be consumed by means of inhalation if the cannabis extract contains THC in a concentration greater than 10 μg/g, taking into account the potential to convert THCA into THC.

• Marginal note:Requirements

  (2) The standardized cannabis symbol must meet the following requirements:

  • (a) it must be at least 1.27 cm by 1.27 cm in size;

  • (b) it must be displayed with a white border of at least 2 points on all sides; and

  • (c) if a change is made to the size of the symbol, its dimensions must be proportional vertically and horizontally.

Cannabis Product Accuracy Rules

Marginal note:Net weight and volume

133 The net weight and volume that must be included on the label of a cannabis product in accordance with sections 124, 124.1, 125, 132.1, 132.11, 132.12, 132.15, 132.16, 132.18 and 132.19 must be within the tolerance limits set out for that product in the document entitled Tolerance Limits for the Net Weight and Volume Declared on Cannabis Product Labelling, as amended from time to time and published by the Government of Canada on its website.

Marginal note:Number of discrete units

134 The number of discrete units in a container that is labelled in accordance with sections 124, 124.1, 132.1, 132.11, 132.15 and 132.18 must be equal to the number specified on the label.

Marginal note:Number of immediate containers

134.1 The number of immediate containers in an outermost container that is labelled in accordance with paragraph 122.4(2)(a) must be equal to the number of immediate containers specified on the label.

Marginal note:Number of cannabis plants

135 The number of cannabis plants in a container that is labelled in accordance with section 128 must be equal to the number specified on the label.

Marginal note:Number of cannabis plant seeds

136 The number of cannabis plant seeds in a container that is labelled in accordance with section 129 must be equal to the number specified on the label.

Labelling — Cannabis Other than Cannabis Products

Marginal note:Requirement — cannabis other than a cannabis product

137 A holder of a licence must not sell, distribute or export cannabis, other than a cannabis product, unless the requirements in section 138 have been met.

Marginal note:Information

• 138 (1) A label that includes the following information must be applied to any container that contains cannabis, other than a cannabis product:

  • (a) the name, telephone number and email address of the holder of the licence that sells, distributes or exports the cannabis; and

  • (b) in respect of the cannabis,

    • (i) the lot number, preceded by one of the following designations:

      • (A) “Lot number”,

      • (B) “Lot no.”,

      • (C) “Lot”, or

      • (D) “(L)”, and

    • (ii) the packaging date.

• Marginal note:Non-application — name and email address

  (2) Sections 26 and 27 of the Act do not apply with respect to the name and email address that are included on the label in accordance with paragraph (1)(a).

PART 8Drugs Containing Cannabis

Definitions

Marginal note:Definitions

139 The following definitions apply in this Part.

brand name

brand name has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (nom commercial)

common name

common name has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (nom usuel)

distribute

distribute does not include administering. (distribuer)

establishment licence

establishment licence means a licence issued under section C.01A.008 of the Food and Drug Regulations. (licence d’établissement)

hospital

hospital means a facility

• (a) that is licensed, approved or designated by a province under the laws of the province to provide care or treatment to individuals or animals suffering from any form of disease or illness; or

• (b) that is owned or operated by the Government of Canada or the government of a province and that provides health services. (hôpital)

licensed dealer

licensed dealer means a licensed dealer, as defined in subsection 2(1) of the Narcotic Control Regulations, that specializes in the destruction of narcotics, as defined in subsection 2(1) of those Regulations. (distributeur autorisé)

practitioner

practitioner has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (praticien)

qualified person in charge

qualified person in charge means the individual referred to in section 150. (responsable qualifié)

Security Directive

Security Directive means the Directive on Physical Security Requirements for Controlled Substances and Drugs Containing Cannabis, as amended from time to time and published by the Government of Canada on its website. (Directive en matière de sécurité)

senior person in charge

senior person in charge means the individual referred to in section 149. (responsable principal)