Cannabis Regulations (SOR/2018-144)

RELATED PROVISIONS

• — SOR/2019-206, s. 72

  • Words and expressions

    72 Words and expressions used in sections 73 to 81 have the same meaning as in the Cannabis Regulations.

• — SOR/2019-206, s. 74

  • Exemption — section 79

    74 A holder of a licence that, before the day on which this section comes into force, initiated or completed any activity in relation to the production, packaging, labelling, storing, sampling or testing of dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds in accordance with Part 5 of the Cannabis Regulations as they read immediately before the day on which this section comes into force is exempt from the application of section 79 of the Cannabis Regulations if

    • (a) the licence holder was, on the day before the day on which this section comes into force, authorized to conduct the activities; and

    • (b) from the day on which this section comes into force, the licence holder conducts all remaining activities in relation to the production, packaging, labelling, storing, sampling or testing of such cannabis in accordance with Part 5 of the Cannabis Regulations.

• — SOR/2019-206, s. 76(3)

  • • Exemption — other person

      76 (3) A person, other than a holder of a licence for cultivation or a licence for processing, that is authorized to sell dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 122.4(1)(c).

• — SOR/2019-206, s. 77(3)

  • • Exemption — other person

      77 (3) A person, other than a holder of a licence for cultivation or a licence for processing, that is authorized to sell dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 123(1)(e).

• — SOR/2019-206, s. 78(3)

  • • Exemption — other person

      78 (3) A person, other than a holder of a licence for cultivation or a licence for processing, that is authorized to sell fresh cannabis or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than paragraph 123(1)(g).

• — SOR/2019-206, s. 79(3)

  • • Exemption — other person

      79 (3) A person, other than a holder of a licence for cultivation or a licence for processing, that is authorized to sell dried cannabis or fresh cannabis that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with

      • (a) sections 124 and 125 of the Cannabis Regulations, as applicable and as they read immediately before the day on which this section comes into force;

      • (b) sections 72 to 81, as applicable; and

      • (c) the Cannabis Regulations, other than sections 124, 124.1 and 125.

• — SOR/2019-206, s. 80(3)

  • • Exemption — other person

      80 (3) A person, other than a holder of a licence for cultivation or a licence for processing, that is authorized to sell dried cannabis, fresh cannabis, cannabis plants or cannabis plant seeds that are cannabis products — or that are contained in a cannabis accessory that is a cannabis product — is, in respect of such a sale, exempt from the application of section 25 of the Act if the cannabis product is packaged and labelled in accordance with sections 72 to 81, as applicable, and the Cannabis Regulations, other than subparagraph 130(9)(d)(ii).

• — SOR/2019-206, s. 81

  • Activities prior to coming into force

    • 81 (1) It is prohibited for a holder of a licence to sell, distribute or export a cannabis extract, a cannabis topical or edible cannabis — or a cannabis accessory that contains any of these — that was produced, packaged, labelled, stored, sampled or tested before the day on which this section comes into force, unless at the time it was produced, packaged, labelled, stored, sampled or tested

      • (a) the applicable requirements set out in Parts 5, 6 and 11 of the Cannabis Regulations were met; and

      • (b) the requirements set out in subsections 19(1) and (1.1) of the Cannabis Regulations were met.

    • Application

      (2) Subsection (1) applies to the cannabis extract, cannabis topical or edible cannabis — or the cannabis accessory that contains any of these — whether it is a cannabis product or not.

• — SOR/2022-251, s. 26

  • Words and expressions

    26 Words and expressions used in sections 27 and 28 have the same meaning as in the Cannabis Regulations.

• — SOR/2022-251, s. 27

  • Exemption — sale of cannabis beverage

    • 27 (1) The holder of a licence for processing that is authorized to sell cannabis is exempt from the application of section 25 of the Act in respect of the sale of a cannabis beverage that is a cannabis product if

      • (a) the cannabis beverage has been packaged or labelled in accordance with the Cannabis Regulations, other than paragraph 123(1)(g) of those Regulations; and

      • (b) the label that is applied to any container in which the cannabis beverage is packaged contains the statement set out in paragraph 123(1)(g) of those Regulations but the equivalent quantity of dried cannabis, in grams, that is indicated on the label is, despite that paragraph, determined on the basis that 70 g of cannabis beverage is deemed to be equivalent to 1 g of dried cannabis.

    • Exemption — distribution of cannabis beverage

      (2) The holder of a licence for processing that is authorized to distribute cannabis is exempt from the application of subsection 106(1) of the Cannabis Regulations in respect of the distribution of a cannabis beverage that is a cannabis product if

      • (a) the applicable requirements set out in sections 108 to 136 of those Regulations, other than paragraph 123(1)(g), have been met in respect of the cannabis beverage; and

      • (b) the label that is applied to any container in which the cannabis beverage is packaged contains the statement set out in paragraph 123(1)(g) of those Regulations but the equivalent quantity of dried cannabis, in grams, that is indicated on the label is, despite that paragraph, determined on the basis that 70 g of cannabis beverage is deemed to be equivalent to 1 g of dried cannabis.

    • Cessation of effect

      (3) Subsections (1) and (2) cease to have effect on the day that, in the 12th month after the month in which these Regulations come into force, has the same calendar number as the day on which they come into force or, if that 12th month has no day with that number, the last day of that 12th month.

• — SOR/2022-251, s. 28

  • Prohibition — research with human participants

    • 28 (1) The holder of a licence for research that is valid immediately before the day on which these Regulations come into force must not, despite subsection 28(4) of the Cannabis Regulations and any term or condition of their licence, conduct research with human participants after the second anniversary of the day on which these Regulations come into force unless, on or after the day on which these Regulations come into force, the licence holder is authorized to do so in one of the following circumstances:

      • (a) in the case of a licence for research that contains a condition that all research conducted under the licence is reviewed and endorsed using the licence holder’s Research Project Administration Framework, the Minister amends the holder’s licence to authorize activities in relation to any non-therapeutic research on cannabis;

      • (b) in any other case, the Minister issues the holder a new licence for research authorizing activities in relation to non-therapeutic research on cannabis.

    • Definition of research with human participants

      (2) For the purposes of subsection (1), research with human participants means research that involves the distribution of cannabis to human participants and that is not a clinical trial as defined in section C.05.001 of the Food and Drug Regulations for which the sale of cannabis is authorized in accordance with section C.05.006 of those Regulations.