ARCHIVED — Vol. 147, No. 13 — June 19, 2013

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Registration

SOR/2013-119 June 7, 2013

CONTROLLED DRUGS AND SUBSTANCES ACT

Marihuana for Medical Purposes Regulations

P.C. 2013-645 June 6, 2013

Whereas a provision of the annexed Regulations provides for the communication of information obtained under the Regulations to certain classes of persons referred to in paragraph 55(1)(s) of the Controlled Drugs and Substances Act (see footnote a) and, in the opinion of the Governor in Council, it is necessary to communicate that information to those classes of persons for the proper administration or enforcement of the Act and the Regulations;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 55(1) of the Controlled Drugs and Substances Act (see footnote b), makes the annexed Marihuana for Medical Purposes Regulations.

TABLE OF CONTENTS

(This table is not part of the Regulations.)

MARIHUANA FOR MEDICAL PURPOSES REGULATIONS

INTERPRETATION
  • 1. Definitions

  • 2. Application of Narcotic Control Regulations

POSSESSION
  • 3. Obtaining dried marihuana or cannabis

  • 4. Obtaining cannabis — Narcotic Control Regulations

  • 5. Possession limit

GENERAL PROVISIONS
  • 6. Dried marihuana

  • 7. Notice of refusal or revocation

  • 8. Further information

  • 9. Inspection of site

  • 10. Police enforcement

  • 11. Alteration of documents

PART 1

LICENSED PRODUCERS

DIVISION 1

PERMITTED ACTIVITIES AND GENERAL OBLIGATIONS
  • 12. Activities

  • 13. Dwelling-place

  • 14. Indoor activities only

  • 15. Indoor storage only

  • 16. Identification of licensed producer

  • 17. Responsible person in charge present

  • 18. Safekeeping during transportation

  • 19. Report of loss or theft

  • 20. Destruction

DIVISION 2

LICENSING
  • 21. Eligible persons

  • 22. Senior person in charge and responsible person in charge

  • 23. Application for licence

  • 24. Security clearance required

  • 25. Issuance of licence

  • 26. Grounds for refusal

  • 27. Period of validity

  • 28. Application for renewal

  • 29. Application for amendment

  • 30. Notice to Minister — change of personnel

  • 31. Notice to Minister — various changes

  • 32. Statement by signatory of notice

  • 33. Suspension

  • 34. Revocation following suspension

  • 35. Revocation — lost or stolen licence

  • 36. Revocation — other grounds

  • 37. Notice of cessation of activities

  • 38. Notice to local authorities – licence application

  • 39. Notice to local authorities — amendment application

  • 40. Notice to local authorities — various matters

DIVISION 3

SECURITY MEASURES
General

41. Compliance with security measures

42. Unauthorized access

Perimeter of Site

43. Visual monitoring

44. Intrusion detection system

45. Monitoring by personnel

Areas Within a Site where Cannabis is Present

46. Restricted access

47. Physical barriers

48. Visual monitoring

49. Intrusion detection system

50. Filtration of air

51. Monitoring by personnel

DIVISION 4

GOOD PRODUCTION PRACTICES

52. Prohibition — sale or provision

53. Microbial and chemical contaminants

54. Pest control product

55. Premises

56. Equipment

57. Sanitation program

58. Standard operating procedures

59. Recall

60. Quality assurance

61. Sample of lot or batch

62. Recall reporting

63. Adverse reactions

DIVISION 5

PACKAGING, LABELLING AND SHIPPING

64. Packaging

65. Weight of dried marihuana

66. Product label

67. Client label

68. Combined label

69. Department of Health document

70. Presentation of information — label

71. Expiry date

72. Reference to Acts or regulations

73. Shipping

DIVISION 6

IMPORT AND EXPORT

74. Application for import permit

75. Issuance of import permit

76. Refusal to issue import permit

77. Provision of copy of import permit

78. Declaration after release from customs

79. Transportation of marihuana

80. Suspension of import permit

81. Revocation of import permit

82. Application for export permit

83. Issuance of export permit

84. Refusal to issue export permit

85. Provision of copy of export permit

86. Declaration after export

87. Suspension of export permit

88. Revocation of export permit

DIVISION 7

SECURITY CLEARANCES

89. Eligibility

90. Application for security clearance

91. Checks

92. Minister’s decisions

93. Outstanding criminal charge

94. Refusal to grant security clearance

95. Validity period

96. Security clearance no longer required

97. Suspension of security clearance

98. New applications

99. Sending of notices by Minister

100. False or misleading information

DIVISION 8

COMMUNICATION OF INFORMATION

101. Information concerning clients and responsible individuals

102. Information concerning health care practitioners

103. Information concerning licensed producers

104. Information concerning import or export permit

105. Providing information to foreign organizations

106. Security clearance — Minister

PART 2

CLIENT REGISTRATION AND ORDERING

REGISTRATION

107. Eligibility

108. Registration application

109. Health care practitioner’s consent to receive dried marihuana

110. Verification of medical document

111. Registration of client

112. Expiry of registration

113. Refusal to register

114. Notice — refusal to register

115. Application to amend registration

116. Amendment

117. Cancellation of registration

118. Prohibition — transfer of medical document

NEW MEDICAL DOCUMENT

119. New application

120. Applicable provisions

PROCESSING AN ORDER

121. Order required

122. Shipping

123. Refusal

124. Thirty-day limit

PART 3

CLIENTS AND OTHER AUTHORIZED USERS

125. Proof of authority to possess

126. Prohibition — obtaining from more than one source

127. Return

PART 4

HEALTH CARE PRACTITIONERS

128. Authorized activities

129. Medical document

130. Thirty-day limit

PART 5

SALE OR PROVISION BY A LICENSED PRODUCER TO A PERSON OTHER THAN A CLIENT

131. Order required — cannabis

132. Shipping

133. Refusal

PART 6

RECORD KEEPING BY LICENSED PRODUCERS

TRANSACTIONS

134. Cannabis received

135. Imported marihuana

136. Exported marihuana

137. Record of verbal order

138. Filling of order from client

139. Dried marihuana returned by client

140. Order from person other than client

CLIENT REGISTRATIONS

141. Information

SECURITY, PRODUCTION AND INVENTORY

142. Security

143. Good production practices and packaging, labelling and shipping

144. Propagated, sown, harvested, dried, packaged and destroyed marihuana

145. Destroyed cannabis

146. Inventory

NOTICES TO LOCAL AUTHORITIES

147. Notices

GENERAL OBLIGATIONS

148. Manner of keeping records

149. Information required by Minister

150. Former licensed producers

PART 7

CONSEQUENTIAL AMENDMENTS, TRANSITIONAL PROVISIONS, REPEAL AND COMING INTO FORCE

CONSEQUENTIAL AMENDMENTS

200–228. Narcotic Control Regulations

229–250. Marihuana Medical Access Regulations

251–252. New Classes of Practitioners Regulations

TRANSITIONAL PROVISIONS
Interpretation

253. Definitions

Registration Based on an Authorization to Possess

254. Applicable period

255. Registration based on authorization to possess

256. Modified application of Regulations

Registration Based on a Medical Declaration

257. Applicable period

258. Registration based on medical declaration

259. Modified application of Regulations

Sale or Provision of Marihuana to Licensed Producer

260. Applicable period

Sale or Provision by Holder of a Personal-use Production Licence

261. Authorized sale

262. Application for authorization

263. Verification by Minister

Sale or Provision by Holder of a Designated-person Production Licence

264. Authorized sale

265. Application for authorization

266. Verification by Minister

REPEAL

267. Repeal

COMING INTO FORCE

268. Registration

MARIHUANA FOR MEDICAL PURPOSES REGULATIONS

INTERPRETATION

Definitions

1. (1) The following definitions apply in these Regulations.

  • “Act”
    « Loi »
  • “Act” means the Controlled Drugs and Substances Act.
  • “adult”
    « adulte »
  • “adult” means a person who is 18 years of age or older.
  • “advertisement”
    « annonce »
  • “advertisement” has the same meaning as in section 2 of the Narcotic Control Regulations.
  • “brand name”
    « marque nominative »
  • “brand name” means, with reference to cannabis, the name, in English or French,
  • (a) that is assigned to it;
  • (b) that is used to distinguish it; and
  • (c) under which it is sold, provided or advertised.
  • “cannabis”
    « chanvre indien »
  • “cannabis” means the substance set out in item 1 of Schedule II to the Act.
  • “client”
    « client »
  • “client” means a person who is registered as a client with a licensed producer under section 111.
  • “competent authority”
    « autorité compétente »
  • “competent authority” has the same meaning as in section 2 of the Narcotic Control Regulations.
  • “delta-9-tetrahydrocannabinol”
    « delta-9-tétrahydrocannabinol »
  • “delta-9-tetrahydrocannabinol” means Δ9-tetrahydrocannabinol ((6aR, 10aR)-6a,7,8,10atetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d] pyran-1-ol).
  • “dried marihuana”
    « marihuana séchée »
  • “dried marihuana” means harvested marihuana that has been subjected to any drying process.
  • “health care practitioner”
    « praticien de la santé »
  • “health care practitioner” means a medical practitioner or a nurse practitioner.
  • “hospital”
    « hôpital »
  • “hospital” has the same meaning as in section 2 of the Narcotic Control Regulations.
  • “immediate container”
    « contenant immédiat »
  • “immediate container” means the container referred to in paragraph 64(a).
  • “international obligation”
    « obligation internationale »
  • “international obligation” means an obligation in respect of cannabis set out in a convention, treaty or other multilateral or bilateral instrument that Canada has ratified or to which Canada adheres.
  • “licensed dealer”
    « distributeur autorisé »
  • “licensed dealer” has the same meaning as in section 2 of the Narcotic Control Regulations.
  • “licensed producer”
    « producteur autorisé »
  • “licensed producer” means the holder of a licence issued under section 25.
  • “local government”
    « administration locale »
  • “local government” includes the government of
  • (a) an incorporated or unincorporated city, metropolitan area, town, village or municipality;
  • (b) a band, as defined in subsection 2(1) of the Indian Act; and
  • (c) a band that is a party to a comprehensive self-government agreement given effect by an Act of Parliament.
  • “marihuana”
    « marihuana »
  • “marihuana” means the substance referred to as “Cannabis (marihuana)” in subitem 1(2) of Schedule II to the Act.
  • “medical document”
    « document médical »
  • “medical document” means a medical document referred to in section 129.
  • “medical practitioner”
    « médecin »
  • “medical practitioner” means a person who
  • (a) is registered and entitled under the laws of a province to practise medicine in that province; and
  • (b) is not named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations.
  • “nurse practitioner”
    « infirmier praticien »
  • “nurse practitioner” means a nurse practitioner within the meaning of section 1 of the New Classes of Practitioners Regulations who
  • (a) is permitted to prescribe dried marihuana in the province in which they practise; and
  • (b) is not named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations.
  • “pharmacist”
    « pharmacien »
  • “pharmacist” means a pharmacist within the meaning of section 2 of the Narcotic Control Regulations who is not named in a notice issued under section 48 of those Regulations that has not been retracted under section 49 of those Regulations.
  • “responsible person in charge”
    « personne responsable »
  • “responsible person in charge” means, for the purpose of Part 1, the person designated under paragraph 22(1)(b).
  • “security clearance”
    « habilitation de sécurité »
  • “security clearance” means a security clearance granted by the Minister under section 92.
  • “Security Directive”
    « Directive en matière de sécurité »
  • “Security Directive” means the Directive on Physical Security Requirements for Controlled Substances (Security Requirements for Licensed Dealers for the Storage of Controlled Substances) published by the Department of Health, as amended from time to time.
  • “senior person in charge”
    « responsable principal »
  • “senior person in charge” means the person designated under paragraph 22(1)(a).
  • “site”
    « installation »
  • “site” means
  • (a) a building or a place in a building used by a licensed producer; or
  • (b) an area occupied exclusively by buildings used by a licensed producer.
  • “transfer”
    « transférer »
  • “transfer” means, except in sections 118, 122 and 132, to transfer, whether directly or indirectly, without consideration.

Miscellaneous rules

(2) The rules set out in subsections (3) to (6) apply in these Regulations.

Producer’s site

(3) A reference to the site of a licensed producer is a reference to the site specified in the producer’s licence.

Destruction

(4) Cannabis is destroyed when it is altered or denatured to such an extent that its consumption is rendered impossible or improbable.

Drying

(5) The production of marihuana includes subjecting it to a drying process.

Transfer

(6) For greater certainty, a reference to “provide” includes “transfer”.

Application of Narcotic Control Regulations

2. For greater certainty, except in the case of inconsistency with these Regulations, the Narcotic Control Regulations also apply to cannabis referred to in these Regulations.

POSSESSION

Obtaining dried marihuana or cannabis

3. (1) A person listed in subsection (2) may possess dried marihuana and a person listed in subsection (3) may possess cannabis if the person has obtained it

  • (a) in accordance with these Regulations;
  • (b) in the course of activities performed in connection with the enforcement or administration of any Act or its regulations;
  • (c) from a person who is exempt under section 56 of the Act from the application of subsection 5(1) of the Act with respect to the dried marihuana or cannabis; or
  • (d) in the case referred to in subparagraph (2)(a)(iii), under subsection 65(2.1) of the Narcotic Control Regulations.

Possession — dried marihuana

(2) The following persons may possess dried marihuana:

  • (a) a person who has obtained the dried marihuana for their own medical purposes or for those of another person for whom they are responsible
    • (i) from a licensed producer, in accordance with a medical document,
    • (ii) from a health care practitioner in the course of treatment for a medical condition, or
    • (iii) from a hospital, under subsection 65(2.1) of the Narcotic Control Regulations;
  • (b) a person who requires dried marihuana for the practice of their profession as a health care practitioner in the province in which they have that possession; or
  • (c) a hospital employee, if they possess the dried marihuana for the purposes of and in connection with their employment.

Possession — cannabis

(3) The following persons may possess cannabis:

  • (a) a person who requires cannabis for their business as a licensed producer and who possesses it in accordance with section 12;
  • (b) a person who requires cannabis for their business as a licensed dealer;
  • (c) a person who is employed as an inspector, an analyst, a peace officer, a member of the Royal Canadian Mounted Police or a member of the technical or scientific staff of a department of the government of Canada or of a province and who possesses the cannabis for the purposes of and in connection with their employment; or
  • (d) a person who is acting as the agent or mandatary of a person whom they have reasonable grounds to believe is a person referred to in paragraph (c) and who possesses the cannabis for the purpose of assisting that person in the administration or enforcement of any Act or its regulations.

Employee, agent or mandatary — dried marihuana

(4) A person may possess dried marihuana if the person is an employee of or is acting as the agent or mandatary for a person referred to in paragraph (2)(b) or (c), while acting in the course of their employment or their role as agent or mandatary.

Employee, agent or mandatary — cannabis

(5) A person may possess cannabis if the person is an employee of or is acting as the agent or mandatary for a person referred to in paragraph (3)(a) or (b), while acting in the course of their employment or their role as agent or mandatary.

Providing assistance

(6) While in the presence of a person referred to in paragraph (2)(a) who has obtained dried marihuana for their own medical purposes, another person may, for the purpose of providing assistance in the administration of marihuana to the person who obtained it, possess a quantity of that dried marihuana not exceeding the daily quantity of dried marihuana that the person who obtained it is authorized to possess in accordance with section 5.

Obtaining cannabis — Narcotic Control Regulations

4. (1) A licensed producer may possess cannabis that they have obtained in accordance with the Narcotic Control Regulations if they require it for their business.

Employee, agent or mandatary

(2) A person may possess cannabis referred to in subsection (1) if the person is an employee of or is acting as the agent or mandatary of the licensed producer, while acting in the course of their employment or their role as agent or mandatary.

Possession limit

5. An individual who obtains dried marihuana for their own medical purposes or for those of another individual for whom they are responsible must not possess a quantity of dried marihuana that exceeds the least of the following amounts:

  • (a) in the case of dried marihuana obtained from a licensed producer, 30 times the daily quantity referred to in paragraph 129(1)(d);
  • (b) in the case of dried marihuana obtained from a hospital by or for an out-patient, 30 times the daily quantity referred to in subparagraph 65.2(c)(iii) of the Narcotic Control Regulations; and
  • (c) 150 g.

GENERAL PROVISIONS

Dried marihuana

6. (1) Dried marihuana must not be sold or provided under these Regulations

  • (a) with any additive; or
  • (b) in any dosage form, such as in a roll or capsule.

Definition of “additive”

(2) For the purpose of paragraph (1)(a), “additive” means anything other than dried marihuana, except for any residue of a pest control product that is not in excess of the limit referred to in subsection 54(2).

Notice of refusal or revocation

7. If the Minister proposes to refuse to issue, amend or renew a licence or permit or proposes to revoke a licence or permit under these Regulations, other than in the case of a revocation under section 35 or subsection 37(4), 81(1) or 88(1), the Minister must

  • (a) send a notice to the applicant or to the holder of the licence or permit together with a written report that sets out the reasons for the refusal or revocation; and
  • (b) give the applicant or holder an opportunity to be heard in respect of the refusal or revocation.

Further information

8. The Minister may, on receiving an application made under these Regulations, require the submission of any further information that pertains to the information contained in the application and that is necessary for the Minister to process the application.

Inspection of site

9. In order to confirm any information submitted in support of an application for a licence or an amendment or renewal of a licence made under these Regulations, an inspector may, at a time during normal business hours and with the reasonable assistance of the applicant, inspect the site in respect of which the application was made.

Police enforcement

10. If, under the Controlled Drugs and Substances Act (Police Enforcement) Regulations, a member of a police force or a person acting under the direction and control of the member is, in respect of the conduct of the member or person, exempt from the application of subsection 4(2) or section 5, 6 or 7 of the Act, the member or person is, in respect of that conduct, exempt from the application of these Regulations.

Alteration of documents

11. It is prohibited to mark, alter or deface in any manner a licence or permit issued under these Regulations or a medical document.

PART 1

LICENSED PRODUCERS

DIVISION 1

PERMITTED ACTIVITIES AND GENERAL OBLIGATIONS

Activities

12. (1) Subject to subsections (2) to (7) and to the other provisions of these Regulations, a licensed producer may

  • (a) possess, produce, sell, provide, ship, deliver, transport and destroy marihuana;
  • (b) possess and produce cannabis, other than marihuana, solely for the purpose of conducting in vitro testing that is necessary to determine the percentages of cannabinoids in dried marihuana; and
  • (c) sell, provide, ship, deliver, transport and destroy cannabis, other than marihuana, that was obtained or produced solely for the purpose of conducting the in vitro testing referred to in paragraph (b).

Restriction — 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.

Substances

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

  • (a) marihuana; and
  • (b) cannabis, other than marihuana, that was obtained or produced solely for the purpose of conducting in vitro testing that is necessary to determine the percentages of cannabinoids in dried marihuana.

Restriction — dried marihuana

(4) A licensed producer may

  • (a) sell or provide dried marihuana 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 dried marihuana is for the purposes of and in connection with their employment, or
    • (iii) a person to whom an exemption relating to the dried marihuana has been granted under section 56 of the Act; and
  • (b) ship dried marihuana to a health care practitioner in the case referred to in subparagraph 108(1)(f)(iii).

Activities limited

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

  • (a) is licensed to conduct the activity; and
  • (b) conducts the activity in accordance with their licence.

Import

(6) A licensed producer may import marihuana if they do so in accordance with an import permit issued under section 75.

Export

(7) A licensed producer may

  • (a) possess marihuana for the purpose of export; and
  • (b) export marihuana if they do so in accordance with an export permit issued under section 83.

Dwelling place

13. A licensed producer must not conduct any activity referred to in section 12 at a dwelling place.

Indoor activities only

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

Indoor storage only

15. (1) A licensed producer must store cannabis only indoors and at the producer’s site.

Storage of dried marihuana

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

Identification of licensed producer

16. 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.

Responsible person in charge present

17. 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.

Safekeeping during transportation

18. A licensed producer must, when transporting imported marihuana between the port of entry into Canada and the producer’s site, or when shipping, delivering or transporting any marihuana, including to a port of exit from Canada, take any steps that are necessary to ensure its safekeeping during transportation.

Report of loss or theft

19. 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.

Destruction

20. (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).

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.

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.

DIVISION 2

LICENSING

Eligible persons

21. 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.

Senior person in charge and responsible person in charge

22. (1) A licensed producer must designate

  • (a) one senior person in charge to have overall responsibility for management of the activities carried out 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 at that site by the licensed producer under their licence 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.

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.

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.

Application for licence

23. (1) To apply for a producer’s licence, a person must submit to the Minister an application that contains the following information:

  • (a) if the applicant is
    • (i) an individual, the individual’s name, date of birth and gender and any other name registered with a province, under which the individual intends to identify themself or conduct the activities for which the licence is sought (referred to in this section as “the proposed activities”), or
    • (ii) a corporation, its corporate name and any other name registered with a province, under which it intends to identify itself or conduct the proposed activities, as well as the name, date of birth and gender of each of its officers and directors;
  • (b) the address, telephone number and, if applicable, the facsimile number and email address for
    • (i) the site for which the licence is sought (referred to in this section as “the proposed site”), and
    • (ii) if applicable, each building within the site at which the proposed activities are to be conducted;
  • (c) the mailing address for the proposed site and, if applicable, for each building referred to in subparagraph (b)(ii), if different from the address provided under paragraph (b);
  • (d) the name, date of birth and gender of each of the following persons:
    • (i) the proposed senior person in charge,
    • (ii) the proposed responsible person in charge, and
    • (iii) if applicable, the proposed alternate responsible person in charge;
  • (e) the name and gender of each of the persons authorized to place an order for cannabis on behalf of the applicant;
  • (f) the activities among those referred to in subsection 12(1) that are proposed to be conducted, the purposes for conducting those activities and the substances in respect of which each of the activities is to be conducted;
  • (g) the proposed activities that are to be conducted at each building referred to in subparagraph (b)(ii) and the substances in respect of which each of those activities is to be conducted at each building;
  • (h) a detailed description of the security measures at the proposed site, as determined in accordance with the Security Directive and Division 3;
  • (i) a detailed description of the method that the applicant proposes to use for keeping records, which must permit
    • (i) compliance with the requirements of Part 6,
    • (ii) the Minister to audit the activities of the licensed producer with respect to cannabis, and
    • (iii) the reconciliation of orders for cannabis and shipments and inventories of cannabis;
  • (j) if applicable, the maximum quantity (expressed as the net weight in kilograms) of dried marihuana to be produced by the applicant under the licence and the production period; and
  • (k) if applicable, the maximum quantity (expressed as the net weight in kilograms) of dried marihuana to be sold or provided by the applicant under the licence under subsection 12(4) and the period in which that quantity is to be sold or provided.

Multiple sites

(2) If the applicant intends to engage in an activity referred to in subsection 12(1) at more than one site, a separate application must be made for each proposed site.

Statement by signatory

(3) An application for a producer’s licence must

  • (a) be signed and dated by the proposed senior person in charge; and
  • (b) include a statement signed and dated by that person indicating that
    • (i) all of the information and documents submitted in support of the application are correct and complete to the best of their knowledge, and
    • (ii) they have the authority to bind the applicant.

Accompanying documents

(4) An application for a producer’s licence must be accompanied by

  • (a) a declaration, signed and dated by the proposed senior person in charge, stating that the proposed senior person in charge, the proposed responsible person in charge and, if applicable, the proposed alternate responsible person in charge are familiar with the provisions of the Act and its regulations and the Food and Drugs Act that will apply to the licence;
  • (b) if applicable, a copy of any document filed with the province in which the proposed site is located that states the applicant’s name and any other name registered with the province, under which the applicant intends to identify themself or conduct the proposed activities;
  • (c) if the applicant is a corporation, a copy of the certificate of incorporation or other constituting instrument;
  • (d) a declaration signed and dated by the proposed senior person in charge indicating whether or not the applicant is the owner of the entire proposed site;
  • (e) if the proposed site or any portion of it is not owned by the applicant, a declaration signed and dated by the owner of the site or each portion of the site consenting to the use of it by the applicant for the proposed activities;
  • (f) a declaration signed and dated by the proposed senior person in charge stating that the proposed site is not a dwelling place;
  • (g) a declaration signed and dated by the proposed senior person in charge stating that the notices to local authorities have been provided in accordance with section 38 and specifying the names, titles and addresses of the officials to whom they were addressed and the dates on which they were provided, together with a copy of each notice;
  • (h) a document signed and dated by the quality assurance person referred to in section 60 that includes
    • (i) a description of the person’s qualifications in respect of the matters referred to in subparagraph 60(1)(a)(ii), and
    • (ii) a report establishing that the buildings, equipment and sanitation program to be used in conducting the proposed activities referred to in Division 4 comply with the requirements of that Division; and
  • (i) floor plans for the proposed site.

Security clearance required

24. The following persons must hold a security clearance:

  • (a) the senior person in charge;
  • (b) the responsible person in charge;
  • (c) if applicable, the alternate responsible person in charge;
  • (d) if a producer’s licence is issued to an individual, that individual; and
  • (e) if a producer’s licence is issued to a corporation, each officer and director of the corporation.

Issuance of licence

25. Subject to section 26, the Minister must, after examining the information and documents required under section 23 and, if applicable, section 8, and after all of the security clearances required by section 24 have been granted under section 92, issue to the applicant a producer’s licence that indicates

  • (a) the licence number;
  • (b) the name of the licence holder;
  • (c) the list of permitted activities;
  • (d) the address of the site and, if applicable, of each building within the site at which the licensed producer may conduct the permitted activities;
  • (e) in respect of each building, the activities that may be conducted at that building and, in respect of each activity, the substances in respect of which the activity may be conducted;
  • (f) the security level, determined in accordance with the Security Directive, of each building referred to in paragraph (d) at which cannabis, other than marihuana plants, is stored;
  • (g) the effective date of the licence;
  • (h) the expiry date of the licence, which must not be later than three years after its effective date;
  • (i) if applicable, the maximum quantity of dried marihuana that may be produced under the licence in a specified period, expressed as the net weight in kilograms;
  • (j) if applicable, the maximum quantity of dried marihuana that may be sold or provided under the licence in a specified period in accordance with subsection 12(4), expressed as the net weight in kilograms; and
  • (k) if applicable, any conditions that the licence holder must meet in order to
    • (i) comply with an international obligation,
    • (ii) provide the security level referred to in paragraph (f ),
    • (iii) put in place the security measures referred to in Division 3, or
    • (iv) reduce any potential public health, safety or security risk, including the risk of cannabis being diverted to an illicit market or use.

Grounds for refusal

26. (1) The Minister must refuse to issue, renew or amend a producer’s licence in the following cases:

  • (a) the applicant is not eligible under section 21;
  • (b) the requirements of section 38 or 39 have not been met;
  • (c) an inspector, who has requested an inspection, has not been given the opportunity by the applicant to conduct an inspection under section 9;
  • (d) the Minister has reasonable grounds to believe that false or misleading information or false or falsified documents were submitted in or with the application;
  • (e) information received from a peace officer, a competent authority or the United Nations raises reasonable grounds to believe that the applicant has been involved in the diversion of a controlled substance or precursor to an illicit market or use;
  • (f) the applicant does not have in place the security measures set out in the Security Directive and Division 3 in respect of an activity for which the licence is sought;
  • (g) the applicant is in contravention of or has contravened in the past 10 years
    • (i) a provision of the Act or its regulations or the Food and Drugs Act, or
    • (ii) a term or condition of another licence or a permit issued to it under any of those regulations;
  • (h) the issuance, renewal or amendment of the licence would likely create a risk to public health, safety or security, including the risk of cannabis being diverted to an illicit market or use;
  • (i) any of the following persons does not hold a security clearance:
    • (i) the senior person in charge,
    • (ii) the responsible person in charge,
    • (iii) if applicable, the alternate responsible person in charge,
    • (iv) if the applicant is an individual, that individual, and
    • (v) if the applicant is a corporation, any of its officers or directors;
  • (j) the proposed method of record keeping does not meet the requirements of paragraph 23(1)(i); or
  • (k) if applicable, the information required under section 8 has not been provided or is insufficient to process the application.

Exception

(2) Unless it is necessary to do so to protect public health, safety or security, including preventing cannabis from being diverted to an illicit market or use, the Minister must not refuse to issue, renew or amend a licence under paragraph (1)(d) or (g) if the applicant has carried out, or signed an undertaking to carry out, the necessary corrective measures to ensure compliance with the Act and its regulations and the Food and Drugs Act.

Failure to comply with undertaking

(3) If an applicant fails to comply with an undertaking referred to in subsection (2), the Minister must refuse to issue, renew or amend the licence.

Period of validity

27. A producer’s licence is valid until the earlier of

  • (a) the expiry date of the licence, and
  • (b) the date on which the licence is revoked under any of sections 34 to 37.

Application for renewal

28. (1) To apply to renew their licence, a licensed producer must submit to the Minister an application that contains the following:

  • (a) the original of the licence; and
  • (b) a declaration signed and dated by the senior person in charge indicating that as of the date of the application
    • (i) that person has the authority to bind the applicant, and
    • (ii) to the best of that person’s knowledge,
      • (A) all of the information shown on the producer’s licence as specified in paragraphs 25(a) to (f ) and (i) to (k ) is correct and complete, and
      • (B) if applicable, the requirements of sections 30 and 31 have been met.

Renewal

(2) Subject to section 26, the Minister must, after examining the information and documents required under subsection (1) and, if applicable, section 8, issue a renewed licence that contains the information set out in paragraphs 25(a) to (k).

Simultaneous processing of applications

(3) If a licensed producer submits an application under section 29 or paragraph 30(1)(a) together with an application under subsection (1), the Minister may process them together.

Application for amendment

29. (1) A licensed producer proposing to amend the content of their licence must provide the Minister with the following documents:

  • (a) an application in writing describing the proposed amendment, as well as any information or documents mentioned in section 23 that are relevant to the proposed amendment;
  • (b) if applicable, a declaration signed and dated by the senior person in charge stating that the notices to local authorities have been provided in accordance with section 39 and specifying the names, titles and addresses of the officials to whom they were addressed and the dates on which they were provided, together with a copy of each notice; and
  • (c) the original of the licence.

Statement by signatory

(2) The application must

  • (a) be signed and dated by the senior person in charge; and
  • (b) include a statement signed and dated by that person indicating that
    • (i) all of the information and documents submitted in support of the application are correct and complete to the best of their knowledge, and
    • (ii) they have the authority to bind the applicant.

Issuance

(3) Subject to section 26, the Minister must, after examining the information and documents required under this section and, if applicable, section 8, amend the licence accordingly and may add any conditions that the licence holder must meet in order to

  • (a) comply with an international obligation;
  • (b) provide the security level referred to in paragraph 25(f) or the new level applicable as a result of the amendment of the licence;
  • (c) put in place the security measures referred to in Division 3; or
  • (d) reduce any potential public health, safety or security risk, including the risk of cannabis being diverted to an illicit market or use.

Notice to Minister — change of personnel

30. (1) A licensed producer must

  • (a) apply for and obtain the Minister’s approval before making a change involving the replacement or the addition of
    • (i) the senior person in charge,
    • (ii) the responsible person in charge and, if applicable, the alternate responsible person in charge,
    • (iii) if applicable, an officer or director referred to in subparagraph 23(1)(a)(ii), or
    • (iv) an individual authorized to place an order for cannabis on behalf of the licensed producer;
  • (b) except in the case referred to in subsection (3), notify the Minister, not later than five days after the event, when a person referred to in any of subparagraphs (a)(i), (ii) or (iv) ceases to carry out their duties; and
  • (c) notify the Minister, not later than five days after the event, when a person referred to in subparagraph (a)(iii) ceases to be an officer or director.

Accompanying information

(2) The licensed producer must, with the application for approval referred to in paragraph (1)(a), provide the Minister with the following information and documents with respect to the new person:

  • (a) in the case of the replacement of the senior person in charge or the responsible person in charge or the replacement or addition of an alternate responsible person in charge,
    • (i) the information specified in paragraph 23(1)(d), and
    • (ii) the declaration specified in paragraph 23(4)(a);
  • (b) in the case of the replacement or addition of an officer or director, the information specified in subparagraph 23(1)(a)(ii) concerning that person; and
  • (c) in the case of the replacement or addition of an individual who is authorized to place an order for cannabis on behalf of the licensed producer, the information specified in paragraph 23(1)(e).

Notice to Minister — responsible person in charge

(3) A licensed producer must notify the Minister not later than the next business day if the responsible person in charge ceases to carry out their duties and there is no person designated as an alternate responsible person in charge.

Notice to Minister — various changes

31. A licensed producer must, within five days after the change, notify the Minister of any change to

  • (a) the method used for keeping records;
  • (b) the telephone number and, if applicable, the facsimile number and email address for
    • (i) their site; and
    • (ii) if applicable, each building within the site at which the activities are conducted under the licence; or
  • (c) the security of their site, other than a changes that affects the security level of any building at which cannabis, other than marihuana plants, is stored.

Statement by signatory of notice

32. An application or notification made under section 30 or 31 must

  • (a) be signed and dated by the senior person in charge; and
  • (b) include a statement signed and dated by that person indicating that
    • (i) all information and, if applicable, documents submitted in support of the application or notification are correct and complete to the best of their knowledge, and
    • (ii) they have the authority to bind the licensed producer.

Suspension

33. (1) The Minister must suspend a producer’s licence without prior notice in respect of any or all activities or substances set out in the licence if the Minister has reasonable grounds to believe that it is necessary to do so to protect public health, safety or security, including preventing cannabis from being diverted to an illicit market or use.

Notice of suspension

(2) The suspension takes effect as soon as the Minister notifies the licensed producer of the decision to suspend and provides a written report that sets out the reasons for the suspension.

Opportunity to be heard

(3) The licensed producer may, within 10 days after receipt of the notice, provide the Minister with reasons why the suspension is unfounded.

Ceasing of suspended activities

(4) If a licence is suspended in respect of any or all activities or substances set out in the licence, the licensed producer must cease conducting those activities with respect to those substances for the duration of the suspension.

Reinstatement of licence

(5) The Minister must, by notice to the licensed producer, reinstate a licence, in respect of any or all activities or substances affected by the suspension, if the licensed producer demonstrates to the Minister that

  • (a) the failure that gave rise to the suspension has been rectified; or
  • (b) the suspension was unfounded.

Revocation following suspension

34. The Minister must revoke a licence if the licensed producer fails to comply with the decision of the Minister to suspend the licence under section 33 or if the failure that gave rise to the suspension is not rectified.

Revocation — lost or stolen licence

35. The Minister must revoke a producer’s licence on being notified by the licensed producer that the licence has been lost or stolen.

Revocation — other grounds

36. (1) Subject to subsection (2), the Minister must revoke a producer’s licence in the following circumstances:

  • (a) the Minister has reasonable grounds to believe that the licence was issued on the basis of false or misleading information or false or falsified documents submitted in or with the application;
  • (b) the licensed producer has, since the issuance of the licence, contravened a provision of the Act or its regulations or the Food and Drugs Act or a condition of their licence or of an import or export permit issued under these Regulations;
  • (c) the licensed producer is no longer eligible under section 21;
  • (d) information received from a peace officer, a competent authority or the United Nations raises reasonable grounds to believe that the licensed producer has been involved in the diversion of a controlled substance or precursor to an illicit market or use; or
  • (e) any of the persons referred to in section 24 does not hold a security clearance.

Exceptions

(2) Unless it is necessary to do so to protect public health, safety or security, including preventing cannabis from being diverted to an illicit market or use, the Minister must not revoke a producer’s licence in the circumstances described in paragraph (1)(a) or (b) if the licensed producer has carried out, or signed an undertaking to carry out, the necessary corrective measures to ensure compliance with the Act and its regulations and the Food and Drugs Act.

Failure to comply with undertaking

(3) If the licensed producer fails to comply with an undertaking referred to in subsection (2), the Minister must revoke the licence.

Notice of cessation of activities

37. (1) A licensed producer who intends to cease conducting activities at their site — whether before or on the expiry of their licence — must submit to the Minister a written notice to that effect at least 30 days before ceasing those activities.

Content of notice

(2) The notice must be signed and dated by the senior person in charge and contain the following information:

  • (a) the expected date of the cessation of activities at the site;
  • (b) a description of the manner in which any cannabis remaining on the site as of the date referred to in paragraph (a) will be dealt with by the licensed producer, including
    • (i) if some or all of it will be sold or provided to another licensed producer who will be conducting activities at the same site, the name of that producer,
    • (ii) if some or all of it will be sold or provided to another licensed producer or a licensed dealer, the name of that producer and the address of their site or the name of that dealer and the address of their premises, and
    • (iii) if some or all of it will be destroyed, the date on which and the location at which the destruction is to take place;
  • (c) the address of the location at which the licensed producer’s records, books, electronic data and other documents will be kept after activities have ceased; and
  • (d) the name, address, telephone number and, if applicable, the facsimile number and email address of a person who the Minister may contact for further information after activities have ceased.

Update

(3) After having ceased the activities, the licensed producer must submit to the Minister a detailed update of the information referred to in paragraphs (2)(a) to (d), if it differs from what was set out in the notice submitted under subsection (1). The update must be signed and dated by the senior person in charge.

Return and revocation of licence

(4) If the activities are ceased before the expiry of the licence, the licensed producer must return to the Minister the original of the licence. The Minister must then revoke the licence.

Notice to local authorities – licence application

38. (1) Before submitting an application for a producer’s licence to the Minister under section 23, the applicant must provide a written notice to the following persons in the area in which the site referred to in paragraph 23(1)(b) is located:

  • (a) the local government;
  • (b) the local fire authority; and
  • (c) the local police force or the Royal Canadian Mounted Police detachment that is responsible for providing policing services to that area.

Content of notice

(2) The notice must contain the following information:

  • (a) the name of the applicant;
  • (b) the date on which the applicant will submit the application to the Minister;
  • (c) the activities referred to in subsection 12(1) for which the licence is to be sought, 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 at which the applicant proposes to conduct those activities.

Senior official

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

Notice to local authorities — amendment application

39. (1) Before submitting a licence amendment application to the Minister under section 29 concerning a change referred to in subsection (2), a licensed producer must provide a written notice to the persons referred to in paragraphs 38(1)(a) to (c) in the area in which the site to be specified in the amended licence is located.

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 at which those activities are to be conducted.

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 12(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.

Senior official

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

Notice to local authorities — various matters

40. (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 persons referred to in paragraphs 38(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.

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 matter referred to in subsection (1) and its effective date and, in the case of an amendment to the licence, details of the amendment.

Senior official

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

DIVISION 3

SECURITY MEASURES

General

Compliance with security measures

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

Unauthorized access

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

Perimeter of Site

Visual monitoring

43. (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.

Visual recording devices

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

Intrusion detection system

44. The perimeter of the licensed producer’s site must be secured by 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.

Monitoring by personnel

45. (1) The 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 43 or 44.

Record of detected matters

(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

Restricted access

46. (1) Access to areas within a site where cannabis is present (referred to in sections 46 to 50 as “those areas”) must be restricted to persons whose presence in those areas is required by their work responsibilities.

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.

Record

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

Physical barriers-

47. Those areas must include physical barriers that prevent unauthorized access.

Visual monitoring

48. (1) Those areas must be visually monitored at all times by visual recording devices to detect illicit conduct.

Visual recording devices

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

Intrusion detection system

49. Those areas must be secured by 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.

Filtration of air

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

Monitoring by personnel

51. (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 48 or 49.

Record of detected matters

(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.

DIVISION 4

GOOD PRODUCTION PRACTICES

Prohibition — sale or provision

52. (1) A licensed producer must not sell or provide dried marihuana under subsection 12(4) unless the requirements of this Division have been met.

Prohibition — export

(2) A licensed producer must not export dried marihuana unless the requirements of this Division have been met.

Microbial and chemical contaminants

53. (1) The microbial and chemical contaminants of dried marihuana 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.

Analytical testing

(2) Analytical testing for those contaminants and for the percentages of delta-9-tetrahydrocannabinol and cannabidiol referred to in these Regulations must be conducted using validated methods.

Pest control product

54. (1) Marihuana must not be treated — before, during or after the drying process — with a pest control product that has not been registered under the Pest Control Products Act for use on marihuana for medical purposes.

Residue

(2) Dried marihuana must not contain any residue of a pest control product in excess of any maximum residue limit specified for the product under section 9 of the Pest Control Products Act.

Premises

55. (1) Dried marihuana must be produced, packaged, labelled and stored in premises that are designed, constructed and maintained in a manner that permits those activities to be conducted under sanitary conditions, and in particular that

  • (a) permits the premises to be kept clean and orderly;
  • (b) permits the effective cleaning of all surfaces in the premises;
  • (c) permits the dried marihuana to be stored or processed appropriately;
  • (d) prevents the contamination of the dried marihuana; and
  • (e) prevents the addition of an extraneous substance to the dried marihuana.

Storage

(2) Dried marihuana must be stored under conditions that will maintain its quality.

Equipment

56. Dried marihuana must be produced, packaged, labelled and stored using equipment that is designed, constructed, maintained, operated and arranged in a manner that

  • (a) permits the effective cleaning of its surfaces;
  • (b) permits it to function in accordance with its intended use;
  • (c) prevents it from contaminating the dried marihuana; and
  • (d) prevents it from adding an extraneous substance to the dried marihuana.

Sanitation program

57. Dried marihuana must be produced, packaged, labelled and stored in accordance with a sanitation program that sets out

  • (a) procedures for effectively cleaning the premises in which those activities are conducted;
  • (b) procedures for effectively cleaning the equipment used in those activities;
  • (c) procedures for handling any substance used in those activities; and
  • (d) all requirements, in respect of the health, the hygienic behaviour and the clothing of the personnel who are involved in those activities, that are necessary to ensure that those activities are conducted in sanitary conditions.

Standard operating procedures

58. Dried marihuana must be produced, packaged, labelled and stored in accordance with standard operating procedures that are designed to ensure that those activities are conducted in accordance with the requirements of this Division.

Recall

59. A licensed producer must establish and maintain a system of control that permits the rapid and complete recall of every lot or batch of dried marihuana that has been made available for sale.

Quality assurance

60. (1) A licensed producer must

  • (a) have a quality assurance person who
    • (i) is responsible for assuring the quality of the dried marihuana before it is made available for sale, and
    • (ii) has the training, experience and technical knowledge relating to the activity conducted and the requirements of this Division; and
  • (b) investigate every complaint received in respect of the quality of the dried marihuana and, if necessary, take corrective and preventative measures.

Methods and procedures

(2) Dried marihuana must be produced, packaged, labelled and stored using methods and procedures that, prior to their implementation, have been approved by a quality assurance person.

Approval prior to sale

(3) Every lot or batch of dried marihuana must be approved by a quality assurance person before it is made available for sale.

Returns

(4) Dried marihuana that is sold or provided under subsection 12(4) and subsequently returned to the licensed producer must not be resold or provided again.

Sample of lot or batch

61. (1) Subject to subsection (3), if the Minister has reasonable grounds to believe that a lot or batch of dried marihuana made available for sale or provision by a licensed producer may — by reason of the manner in which it was produced, packaged, labelled or stored — pose a risk to the health of an individual who in accordance with these Regulations obtains the dried marihuana for their own medical purposes, the Minister may require the licensed producer to provide the Minister with a sample of that lot or batch.

Quantity

(2) The sample must be of sufficient quantity to enable a determination of whether the lot or batch of dried marihuana meets the requirements of sections 53 and 54.

Period

(3) The Minister must not require a sample to be provided if more than one year has elapsed after the date of the last sale or provision of any portion of the lot or batch of dried marihuana.

Recall reporting

62. A licensed producer who commences a recall of dried marihuana must provide the Minister with the following information in respect of the recalled dried marihuana within three days after the day on which the recall is commenced:

  • (a) its brand name;
  • (b) the number of each lot or batch recalled;
  • (c) if known by the licensed producer, the name and address of each licensed producer who imported or produced any of it;
  • (d) the reasons for commencing the recall;
  • (e) the quantity produced or imported into Canada by the licensed producer;
  • (f) the quantity that was sold or provided in Canada by the licensed producer;
  • (g) the quantity remaining in the possession of the licensed producer;
  • (h) the number of persons referred to in subsections 12(2) and (4) to whom it was sold or provided by the licensed producer; and
  • (i) a description of any other action that the licensed producer is taking in respect of the recall.

Adverse reactions

63. (1) A licensed producer who sells or provides dried marihuana must provide the Minister with a case report for each serious adverse reaction to the dried marihuana, within 15 days after the day on which the producer becomes aware of the reaction.

Summary report

(2) A licensed producer who sells or provides dried marihuana must annually prepare and maintain a summary report that contains a concise and critical analysis of all adverse reactions to the dried marihuana that have occurred during the previous 12 months.

Provide Minister with report on request

(3) If, after reviewing a case report provided under subsection (1) or after reviewing any other safety data relating to the dried marihuana, the Minister has reasonable grounds to believe that the dried marihuana may — by reason of the manner in which it was produced, packaged, labelled or stored — pose a risk to the health of an individual who in accordance with these Regulations obtains the dried marihuana for their own medical purposes, the Minister may request that, within 30 days after the day on which the request is received, the licensed producer

  • (a) provide the Minister with a copy of any summary report prepared under subsection (2); or
  • (b) prepare and provide the Minister with an interim summary report containing a concise and critical analysis of all adverse reactions to the dried marihuana that have occurred since the date of the most recent summary report prepared under subsection (2).

Definitions

(4) The following definitions apply in this section.

  • “adverse reaction”
    « réaction indésirable »
  • “adverse reaction” means a noxious and unintended response to dried marihuana.
  • “case report”
    « fiche d’observation »
  • “case report” means a detailed record of all relevant data associated with the use of dried marihuana by a person.
  • “serious adverse reaction”
    « réaction indésirable grave »
  • “serious adverse reaction” means a noxious and unintended response to dried marihuana that requires in-patient hospitalization or a prolongation of existing hospitalization, that causes congenital malformation, that results in persistent or significant disability or incapacity, that is life threatening or that results in death.

DIVISION 5

PACKAGING, LABELLING AND SHIPPING

Packaging

64. A licensed producer who sells or provides dried marihuana under subsection 12(4) must ensure that

  • (a) the dried marihuana is packaged in an immediate container
    • (i) that is in direct contact with the dried marihuana,
    • (ii) that keeps the dried marihuana dry and free from contamination,
    • (iii) that has a security feature that provides reasonable assurance to consumers that the container has not been opened prior to receipt, and
    • (iv) that is a child resistant package that meets the requirements of subsections C.01.001(2) to (4) of the Food and Drug Regulations; and
  • (b) not more than 30 g of dried marihuana is in the immediate container.

Weight of dried marihuana

65. A licensed producer who sells or provides dried marihuana under subsection 12(4) must ensure that the net weight of the dried marihuana in the immediate container is not less than 95% and not more than 101% of the net weight specified on the label in accordance with subparagraph 66(c)(v).

Product label

66. A licensed producer who sells or provides dried marihuana under subsection 12(4) must ensure that the immediate container carries a label that contains the following information:

  • (a) the name of that licensed producer and the address of their site;
  • (b) the words “Dried marihuana / Marihuana séchée”;
  • (c) in respect of the dried marihuana in the container:
    • (i) its brand name,
    • (ii) its lot number, preceded by one of the following designations:
      • (A) “Lot number”,
      • (B) “Lot no.”,
      • (C) “Lot”, or
      • (D) “(L)”,
    • (iii) the percentage of delta-9-tetrahydrocannabinol w/w, followed by the word “delta-9-tetrahydrocannabinol”,
    • (iv) the percentage of cannabidiol w/w, followed by the word “cannabidiol”,
    • (v) its net weight, in grams,
    • (vi) its recommended storage conditions,
    • (vii) its packaging date, and
    • (viii) either
      • (A) its expiry date, if a stability period for the dried marihuana has been established in accordance with section 71, or
      • (B) a statement to the effect that no expiry date based on stability data has been determined for the dried marihuana;
  • (d) the symbol “N” set out in the upper left corner of the label in a colour contrasting with the rest of the label or in type not less than half the size of any other letters used on the label;
  • (e) the warning “KEEP OUT OF REACH OF CHILDREN / TENIR HORS DE LA PORTÉE DES ENFANTS”; and
  • (f) the statement “Important: Please read the Health Canada document provided with this package before using dried marihuana. / Important : Veuillez lire le document de Santé Canada qui accompagne ce colis avant d’utiliser la marihuana séchée.”.

Client label

67. A licensed producer who sells or provides dried marihuana to a client or an individual who is responsible for the client must ensure that

  • (a) the immediate container carries a label that contains the following information:
    • (i) the given name and surname of the client,
    • (ii) the given name, surname and profession of the health care practitioner who provided the client’s medical document,
    • (iii) the name of the licensed producer,
    • (iv) the daily quantity of dried marihuana indicated on the client’s medical document, expressed in grams,
    • (v) the expiry date of the client’s registration referred to in section 112,
    • (vi) the shipping date, and
    • (vii) the date referred to in subsection 124(2); and
  • (b) a separate document containing the information referred to in paragraph (a) accompanies each shipment of the dried marihuana.

Combined label

68. In the case of dried marihuana to be sold or provided to a client or an individual who is responsible for the client, the information required under section 66 and paragraph 67(a) may be set out on one label.

Department of Health document

69. A licensed producer who sells or provides dried marihuana under subsection 12(4) must ensure that each shipment of the dried marihuana is accompanied by a copy of the current version of the document entitled Information on the Use of Marihuana for Medical Purposes, published by the Department of Health.

Presentation of information — label

70. (1) All information that is required under section 66 and paragraph 67(a) to appear on a label must be

  • (a) in English and in French;
  • (b) clearly and prominently displayed on the label; and
  • (c) readily discernible under the customary conditions of use.

Presentation of information — document

(2) All information in a document that is required under paragraph 67(b) or section 69 must be in English and in French and readily discernible under the customary conditions of use.

Expiry date

71. (1) A licensed producer must not include an expiry date on a label referred to in section 66 unless

  • (a) the licensed producer has submitted data to the Minister that establishes the stability period during which, after the dried marihuana is packaged in accordance with section 64 and when it is stored under its recommended storage conditions referred to in subparagraph 66(c)(vi),
    • (i) the dried marihuana maintains not less than 80% and not more than 120% of the percentages of delta-9-tetrahydrocannabinol w/w and cannabidiol w/w indicated on the label in accordance with subparagraphs 66(c)(iii) and (iv), and
    • (ii) the microbial and chemical contaminants of the dried marihuana remain within the limits referred to in subsection 53(1); and
  • (b) in the opinion of the Minister the data submitted by the licensed producer meets the requirements of paragraph (a) and has notified the producer to that effect.

Definition of “expiry date”

(2) For the purpose of subsection (1) and subparagraph 66(c)(viii), “expiry date” means the date, expressed at minimum as a year and month, that is the end of the stability period.

Reference to Acts or regulations

72. It is prohibited to include a reference, direct or indirect, to the Act, the Food and Drugs Act or any regulations made under those Acts on a label of or in an advertisement for dried marihuana unless the reference is a specific requirement of either of those Acts or those regulations.

Shipping

73. (1) A licensed producer who ships dried marihuana to a person referred to in subsection 12(2) or (4) must

  • (a) ship the marihuana in only one shipment per order;
  • (b) prepare the package in a manner that ensures the security of its contents, such that
    • (i) the package will not open or permit the escape of its contents during handling and transportation,
    • (ii) it is sealed so that it cannot be opened without the seal being broken,
    • (iii) it prevents the escape of marihuana odour, and
    • (iv) it prevents its contents from being identified without it being opened;
  • (c) use a shipping method that ensures the tracking and safekeeping of the package during transportation;
  • (d) ship it only to the following address:
    • (i) in the case of a client or an individual who is responsible for that client, the shipping address specified in the client’s registration document referred to in paragraph 111(2)(a), and
    • (ii) in the case of any other person referred to in subsection 12(2) or (4), the shipping address indicated in the order referred to in section 131; and
  • (e) in the case of a client or an individual who is responsible for that client, ship the marihuana in a quantity that does not exceed 150 g.

Shipping — cannabis other than dried marihuana

(2) A licensed producer who ships cannabis other than dried marihuana to a person referred to in subsection 12(2) must

  • (a) use a shipping method referred to in paragraph (1)(c); and
  • (b) ship it only to the shipping address indicated in the order referred to in section 131.

DIVISION 6

IMPORT AND EXPORT

Application for import permit

74. (1) To apply for a permit to import marihuana, a licensed producer must submit the following information to the Minister:

  • (a) their name, address and licence number;
  • (b) in respect of the marihuana to be imported,
    • (i) an indication of whether it is in the form of seeds, plants or dried marihuana,
    • (ii) its intended use,
    • (iii) if applicable, its brand name,
    • (iv) its quantity, and
    • (v) in the case of dried marihuana, its percentages of delta-9-tetrahydrocannabinol w/w and cannabidiol w/w;
  • (c) the name and address of the exporter in the country of export from whom the marihuana is being obtained;
  • (d) the port of entry into Canada;
  • (e) the address of the customs office, sufferance warehouse or bonded warehouse to which the marihuana is to be delivered; and
  • (f) each mode of transportation used, the country of export and, if applicable, any country of transit or transhipment.

Statement by signatory

(2) An application for an import permit must

  • (a) be signed and dated by the responsible person in charge or, if applicable, the alternate responsible person in charge at the licensed producer’s site; and
  • (b) include a statement, signed and dated by that person, indicating that all information submitted in support of the application is correct and complete to the best of the signatory’s knowledge.

Issuance of import permit

75. (1) Subject to section 76, the Minister must, after examining the information and documents required under section 74 and, if applicable, section 8, issue to the licensed producer an import permit that indicates:

  • (a) the permit number;
  • (b) the information referred to in paragraphs 74(1)(a) to (f);
  • (c) the effective date of the permit;
  • (d) its expiry date, which is the earlier of
    • (i) the 180th day after the effective date, and
    • (ii) December 31 of the year of the effective date; and
  • (e) if applicable, any conditions that the permit holder must meet in order to
    • (i) comply with an international obligation, or
    • (ii) reduce any potential public health, safety or security risk, including the risk of the marihuana being diverted to an illicit market or use.

Duration of permit

(2) An import permit is valid until the earliest of

  • (a) its expiry date or the date on which it is suspended or revoked under section 80 or 81,
  • (b) the expiry date of the producer’s licence to which the permit pertains or the date on which the that licence is suspended or revoked, and
  • (c) the expiry date of the export permit that applies to the marihuana to be imported and that is issued by a competent authority in the country of export or the date on which that permit is suspended or revoked.

Validity

(3) A permit issued under this section is valid only for the importation in respect of which it is issued.

Refusal to issue import permit

76. The Minister must refuse to issue an import permit if

  • (a) in respect of the application for the permit, there exists a circumstance described in paragraph 26(1)(d), (e), (f) or (h), with any modifications that the circumstances require;
  • (b) the applicant does not hold a producer’s licence with respect to the marihuana that is to be imported;
  • (c) the applicant has been notified that one of the following applications submitted by the applicant in respect of the producer’s licence to which the requested permit pertains is to be refused under section 26:
    • (i) an application under section 23 for a producer’s licence,
    • (ii) an application under section 28 for the renewal of a producer’s licence, or
    • (iii) an application under section 29 for the amendment of a producer’s licence; or
  • (d) the Minister has reasonable grounds to believe that
    • (i) the shipment for which the permit is requested would contravene the laws of the country of export or any country of transit or transhipment, or
    • (ii) the importation is for the purpose of re-exporting the marihuana.

Provision of copy of import permit

77. On request of a customs officer, the holder of an import permit must provide a copy of the permit to the customs office, sufferance warehouse or bonded warehouse, as the case may be, at the port of entry into Canada at the time of importation.

Declaration after release from customs

78. The holder of an import permit must provide the Minister, within 15 days after the day of release, in accordance with the Customs Act, of a shipment that contains marihuana, with a declaration that contains the following information:

  • (a) the name of the licensed producer and the numbers of the producer’s licence and import permit in respect of the shipment;
  • (b) the date of release of the shipment; and
  • (c) in respect of the marihuana received,
    • (i) an indication of whether it is in the form of seeds, plants or dried marihuana,
    • (ii) its intended use,
    • (iii) if applicable, its brand name,
    • (iv) its quantity, and
    • (v) in the case of dried marihuana, its percentages of delta-9-tetrahydrocannabinol w/w and cannabidiol w/w.

Transportation of marihuana

79. The holder of an import permit must ensure that, after the imported marihuana clears customs, it is transported directly to the site specified in their producer’s licence.

Suspension of import permit

80. (1) The Minister must suspend an import permit without prior notice if

  • (a) the Minister has reasonable grounds to believe that it is necessary to do so to protect public health, safety or security, including preventing the marihuana from being diverted to an illicit market or use; or
  • (b) the importation would contravene the laws of any country of transit or transhipment.

Notice of suspension

(2) The suspension takes effect as soon as the Minister notifies the permit holder of the decision to suspend and provides a written report that sets out the reasons for the suspension.

Opportunity to be heard

(3) The permit holder may, within 10 days after receipt of the notice, provide the Minister with reasons why the suspension is unfounded.

Revocation of import permit

81. (1) The Minister must revoke an import permit

  • (a) at the request of the holder;
  • (b) if the holder informs the Minister that the permit has been lost or stolen; or
  • (c) if the permit is being replaced by a new permit.

Other revocation circumstances

(2) Subject to subsection (3), the Minister must revoke an import permit in the following circumstances:

  • (a) there exists a circumstance described in any of paragraphs 36(1)(a) to (e) in respect of the producer’s licence pertaining to the permit;
  • (b) the Minister has reasonable grounds to believe that the import permit was issued on the basis of false or misleading information or false or falsified documents submitted in or with the application for the permit; or
  • (c) the importation is for the purpose of reexporting the marihuana.

Exceptions

(3) Unless it is necessary to do so to protect public health, safety or security, including preventing the marihuana from being diverted to an illicit market or use, the Minister must not revoke an import permit in the circumstances described in paragraph (2)(b) or 36(1)(a) or (b) if the permit holder has carried out, or signed an undertaking to carry out, the necessary corrective measures to ensure compliance with the Act and its regulations and the Food and Drugs Act.

Failure to comply with undertaking

(4) If the licensed producer fails to comply with an undertaking mentioned in subsection (3), the Minister must revoke the permit.

Revocation following suspension

(5) The Minister must revoke a permit if the licensed producer fails to comply with the decision of the Minister to suspend the permit under section 80 or if the situation giving rise to the suspension is not rectified.

Application for export permit

82. (1) To apply for a permit to export marihuana, a licensed producer must submit the following information and statements to the Minister:

  • (a) their name, address and licence number;
  • (b) in respect of the marihuana to be exported,
    • (i) an indication of whether it is in the form of seeds, plants or dried marihuana,
    • (ii) its intended use,
    • (iii) if applicable, its brand name,
    • (iv) the quantity to be exported, and
    • (v) its percentages of delta-9-tetrahydrocannabinol w/w and cannabidiol w/w;
  • (c) the name and address of the importer in the country of final destination;
  • (d) the port of exit from Canada and, if applicable, any country of transit or transhipment;
  • (e) the address of the customs office, sufferance warehouse or bonded warehouse at which the shipment is to be presented for export;
  • (f) each mode of transportation used; and
  • (g) a statement that, to the best of their knowledge, the shipment does not contravene the laws of the country of final destination or any country of transit or transhipment.

Accompanying document

(2) An application for an export permit must be accompanied by a copy of the import permit issued by a competent authority in the country of final destination that sets out the name and address of the site of the importer in the country of final destination.

Statement by signatory

(3) An application for an export permit must

  • (a) be signed and dated by the responsible person in charge or, if applicable, the alternate responsible person in charge at the licensed producer’s site; and
  • (b) include a statement, signed and dated by that person, indicating that all information submitted in support of the application is correct and complete to the best of the signatory’s knowledge.

Issuance of export permit

83. (1) Subject to section 84, the Minister must, after examining the information and documents required under section 82 and, if applicable, section 8, issue an export permit to the licensed producer that indicates:

  • (a) the permit number;
  • (b) the information referred to in paragraphs 82(1)(a) to (f);
  • (c) the effective date of the permit;
  • (d) its expiry date, which is the earliest of
    • (i) the 120th day after the effective date,
    • (ii) December 31 of the year of the effective date, and
    • (iii) the expiry date of the import permit issued by a competent authority in the country of final destination; and
  • (e) if applicable, any conditions that the permit holder must meet in order to
    • (i) comply with an international obligation, or
    • (ii) reduce any potential public health, safety or security risk, including the risk of the marihuana being diverted to an illicit market or use.

Duration of permit

(2) An export permit is valid until the earliest of

  • (a) its expiry date or the date on which it is suspended or revoked under section 87 or 88,
  • (b) the expiry date of the producer’s licence to which the permit pertains or the date on which the that licence is suspended or revoked, and
  • (c) the expiry date of the import permit that applies to the marihuana to be exported and that is issued by a competent authority in the country of final destination or the date on which that permit is suspended or revoked.

Validity

(3) A permit issued under this section is valid only for the exportation in respect of which it is issued.

Refusal to issue export permit

84. The Minister must refuse to issue an export permit if

  • (a) in respect of the application for the permit, there exists a circumstance described in paragraph 26(1)(d), (e) or (h), with any modifications that the circumstances require;
  • (b) the applicant does not hold a producer’s licence in respect of the marihuana to be exported;
  • (c) the applicant has been notified that one of the following applications submitted by the applicant in respect of the producer’s licence to which the requested permit pertains is to be refused under section 26:
    • (i) an application made under section 23 for a producer’s licence,
    • (ii) an application made under section 28 for the renewal of a producer’s licence, or
    • (iii) an application made under section 29 for the amendment of a producer’s licence;
  • (d) the Minister has reasonable grounds to believe that the shipment for which the permit is requested would contravene the laws of the country of final destination or any country of transit or transhipment; or
  • (e) the shipment would not be in conformity with the import permit issued by a competent authority of the country of final destination.

Provision of copy of export permit

85. On request of a customs officer, the holder of an export permit must provide a copy of the permit to the customs office, sufferance warehouse or bonded warehouse, as the case may be, at the port of exit from Canada at the time of exportation.

Declaration after export

86. The holder of an export permit must provide the Minister, within 15 days after the day on which a shipment that contains marihuana is exported, with a declaration that contains the following information:

  • (a) the name of the licensed producer and the numbers of the producer’s licence and export permit in respect of the shipment;
  • (b) the date of export;
  • (c) in respect of the exported marihuana,
    • (i) an indication as to whether it is in the form of seeds, plants or dried marihuana,
    • (ii) its intended use,
    • (iii) if applicable, its brand name, and
    • (iv) its quantity.

Suspension of export permit

87. (1) The Minister must suspend an export permit without prior notice if

  • (a) the Minister has reasonable grounds to believe that it is necessary to do so to protect public health, safety or security, including preventing the marihuana from being diverted to an illicit market or use;
  • (b) the exportation is not in conformity with an import permit issued by a competent authority of the country of final destination; or
  • (c) the exportation would contravene the laws of the country of final destination or any country of transit or transhipment.

Notice of suspension

(2) The suspension takes effect as soon as the Minister notifies the permit holder of the decision to suspend and provides a written report that sets out the reasons for the suspension.

Opportunity to be heard

(3) The permit holder may, within 10 days after receipt of the notice, provide the Minister with reasons why the suspension is unfounded.

Revocation of export permit

88. (1) The Minister must revoke an export permit

  • (a) at the request of the holder;
  • (b) if the holder informs the Minister that the permit has been lost or stolen; or
  • (c) if the permit is being replaced by a new permit.

Other revocation circumstances

(2) Subject to subsection (3), the Minister must revoke an export permit in the following circumstances:

  • (a) there exists a circumstance described in any of paragraphs 36(1)(a) to (e) in respect of the producer’s licence to which the permit pertains; or
  • (b) the Minister has reasonable grounds to believe that the export permit was issued on the basis of false or misleading information or false or falsified documents submitted in or with the application.

Exceptions

(3) Unless it is necessary to do so to protect public health, safety or security, including preventing the marihuana from being diverted to an illicit market or use, the Minister must not revoke an export permit in the circumstances described in paragraph (2)(b) or 36(1)(a) or (b) if the permit holder has carried out, or signed an undertaking to carry out, the necessary corrective measures to ensure compliance with the Act and its regulations and the Food and Drugs Act.

Failure to comply with undertaking

(4) If the licensed producer fails to comply with an undertaking mentioned in subsection (3), the Minister must revoke the permit.

Revocation following suspension

(5) The Minister must revoke a permit if the licensed producer fails to comply with the decision of the Minister to suspend the permit under section 87 or if the situation giving rise to the suspension is not rectified.

DIVISION 7

SECURITY CLEARANCES

Eligibility

89. Only the following persons may submit to the Minister an application for a security clearance:

  • (a) a person named in an application for a producer’s licence as
    • (i) the proposed senior person in charge,
    • (ii) the proposed responsible person in charge, or
    • (iii) if applicable, the proposed alternate responsible person in charge;
  • (b) if a producer’s licence is sought by an individual, that individual;
  • (c) if a producer’s licence is sought by a corporation, each officer and director of the corporation;
  • (d) a person referred to in any of subparagraphs 30(1)(a)(i) to (iii); and
  • (e) the holder of a security clearance who is seeking to obtain a new security clearance before the end of the validity period of their current clearance.

Application for security clearance

90. (1) An application for a security clearance must include the following information and documentation, to be used only for the purposes of sections 91 and 92:

  • (a) the applicant’s usual given name used, other given names, surname, all other names used and details of any name changes;
  • (b) the applicant’s date of birth, gender, height, weight, and eye and hair colour;
  • (c) if the applicant was born in Canada, the number and province of issue of their birth certificate;
  • (d) if the applicant was born outside Canada, their place of birth, the port and date of entry into Canada, and, in the case of a naturalized Canadian or permanent resident, the number of the applicable certificate issued under the Citizenship Act or the Immigration and Refugee Protection Act;
  • (e) either of the following documents:
    • (i) a copy of a valid piece of photo identification of the applicant issued by the government of Canada or of a province, or
    • (ii) a copy of the applicant’s passport that includes the passport number, country of issue, expiry date and the applicant’s photograph;
  • (f) the addresses of all locations at which the applicant resided during the five years preceding the application;
  • (g) an identification of the applicant’s activities during the five years preceding the application, including the names and addresses of the applicant’s employers and any post-secondary educational institutions attended;
  • (h) the dates, destination and purpose of any travel of more than 90 days outside Canada, excluding travel for government business, during the five years preceding the application;
  • (i) the information referred to in subsection (2) respecting
    • (i) the applicant’s spouse or common-law partner, and
    • (ii) any former spouses or common-law partners with whom the relationship ended within the preceding five years;
  • (j) the applicant’s fingerprints, taken by a Canadian police force or by a private company that is accredited by the Royal Canadian Mounted Police to submit fingerprints to it for the purpose of a criminal record check; and
  • (k) a statement signed and dated by the licensed producer or the applicant for a producer’s licence certifying that the applicant for the security clearance requires or will require a security clearance and specifying the reasons for that requirement.

Spouse or common-law partner

(2) The information required in respect of any of the persons referred to in paragraph (1)(i) is

  • (a) in the case of the applicant’s spouse or common-law partner, the following information:
    • (i) their gender, full given name, surname and, if applicable, maiden name,
    • (ii) their date and place of birth and, if applicable, date of death,
    • (iii) if born in Canada, the number and province of issue of their birth certificate,
    • (iv) if born outside Canada, their place of birth, their nationality and the port and date of entry into Canada, and
    • (v) their present address, if known; and
  • (b) in the case of former spouses and common-law partners with whom the relationship ended within the preceding five years, the information referred to in subparagraphs (a)(i), (ii) and (v).

Signed by applicant

(3) The application for a security clearance must be signed and dated by the applicant.

Definition of “common-law partner”

(4) In this section, “common-law partner” means any person who is cohabiting with the applicant in a relationship of a conjugal nature and has done so for a period of at least one year.

Checks

91. On receipt of a fully completed application for a security clearance, the Minister must conduct the following checks for the purpose of assessing whether an applicant poses a risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use:

  • (a) a criminal record check in respect of the applicant; and
  • (b) a check of the relevant files of law enforcement agencies, including intelligence gathered for law enforcement purposes.

Minister’s decisions

92. The Minister may grant a security clearance if, in the opinion of the Minister, the information provided by the applicant and that resulting from the checks is reliable and is sufficient for the Minister to determine, by taking into account the following factors, that the applicant does not pose an unacceptable risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use:

  • (a) whether the applicant has been found guilty as an adult, in the past 10 years, of
    • (i) a designated drug offence as defined in section 2 of the Narcotic Control Regulations,
    • (ii) a designated criminal offence as defined in that section, or
    • (iii) an offence committed outside Canada that, if committed in Canada, would have constituted an offence referred to in subparagraph (i) or (ii);
  • (b) whether it is known or there are reasonable grounds to suspect that the applicant
    • (i) is or has been involved in, or contributes or has contributed to, illicit activities directed toward or in support of the trafficking or diversion of controlled substances or precursors,
    • (ii) is or has been a member of a criminal organization as defined in subsection 467.1(1) of the Criminal Code, or participates or has participated in, or contributes or has contributed to, the activities of such an organization as referred to in subsection 467.11(1) of the Criminal Code,
    • (iii) is or has been a member of an organization that is known to be involved in or to contribute to — or in respect of which there are reasonable grounds to suspect involvement in or contribution to — activities directed toward or in support of the threat of or the use of acts of violence against persons or property, or is or has been involved in, or is contributing to or has contributed to, the activities of such an organization, or
    • (iv) is or has been associated with an individual who is known to be involved in or to contribute to — or in respect of whom there are reasonable grounds to suspect involvement in or contribution to — activities referred to in subparagraph (i), or is a member of an organization referred to in subparagraph (ii) or (iii);
  • (c) whether there are reasonable grounds to suspect that the applicant is in a position in which there is a risk that they be induced to commit an act or to aid or abet any person to commit an act that might constitute a risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use;
  • (d) whether the applicant has had a security clearance cancelled; and
  • (e) whether the applicant has submitted false or misleading information or false or falsified documents in or with their application for a security clearance.

Outstanding criminal charge

93. If there is an outstanding criminal charge against the applicant that could, if the applicant were found guilty, be taken into account by the Minister under paragraph 92(a), the Minister may decline to process the application until the charge has been disposed of by the courts, in which case the Minister must notify the applicant in writing.

Refusal to grant security clearance

94. (1) If the Minister intends to refuse to grant a security clearance, the Minister must notify the applicant in writing to that effect.

Content of notice

(2) The notice must set out the basis for the Minister’s intention and fix a period of time within which the applicant may make written representations to the Minister, which period of time must start on the day on which the notice is served or sent and must be not less than 20 days.

Opportunity to make written representations

(3) The Minister must not refuse to grant a security clearance until the written representations have been received and considered or before the period of time fixed in the notice has expired, whichever comes first. The Minister must notify the applicant in writing of any refusal.

Validity period

95. (1) The Minister must establish a period of validity for a security clearance in accordance with the level of risk posed by the applicant as determined under section 92, but the period must not exceed five years.

Extension of period

(2) If the validity period is less than five years, the Minister may extend the period to a total of five years if the Minister determines under section 92 that the holder does not pose an unacceptable risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use.

Security clearance no longer required

96. A licensed producer must notify the Minister in writing not later than five days after the holder of a security clearance is no longer required by these Regulations to hold a security clearance. The Minister must then cancel the clearance.

Suspension of security clearance

97. (1) The Minister may suspend a security clearance on receipt of information that could change the Minister’s determination made under section 92.

Written notice to holder

(2) Immediately after suspending a security clearance, the Minister must notify the holder in writing of the suspension.

Content of notice

(3) The notice must set out the basis for the suspension and must fix a period of time within which the holder may make written representations to the Minister, which period of time must start on the day on which the notice is served or sent and must be not less than 20 days.

Reinstatement of clearance

(4) The Minister may reinstate the security clearance if the Minister determines under section 92 that the holder does not pose an unacceptable risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use.

Cancellation of clearance

(5) The Minister may cancel the security clearance if the Minister determines under section 92 that the holder may pose an unacceptable risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use. The Minister must notify the holder in writing of any cancellation.

Opportunity to be heard

(6) The Minister must not cancel the security clearance until the written representations referred to in subsection (3) have been received and considered or before the time period fixed in the notice referred to in that subsection has expired, whichever comes first.

New applications

98. If the Minister refuses to grant or cancels a security clearance, an applicant may submit a new application only if

  • (a) a period of five years has elapsed after the day on which the refusal or cancellation occurs; or
  • (b) a change has occurred in the circumstances that led to the refusal or cancellation.

Sending of notices by Minister

99. The Minister must send any notice to be given under this Division to the person at their last known address by using a method of sending that involves

  • (a) a means of tracking it during transit;
  • (b) the safekeeping of it during transit; and
  • (c) the keeping of an accurate record of the signatures of any persons having charge of it until it is delivered.

False or misleading information

100. It is prohibited to knowingly submit to the Minister an application containing false or misleading information in order to obtain a security clearance.

DIVISION 8

COMMUNICATION OF INFORMATION

Information concerning clients and responsible individuals

101. (1) Subject to subsections (2) and (3), if a licensed producer is provided with the given name, surname, date of birth and gender of an individual by a member of a Canadian police force who requests information in the course of an investigation under the Act or these Regulations, the producer must provide as soon as feasible, within 72 hours after receiving the request, the following information to that Canadian police force:

  • (a) an indication of whether or not the individual is
    • (i) a client of the producer, or
    • (ii) an individual who is responsible for a client of the producer; and
  • (b) the daily quantity of dried marihuana that is specified in the medical document supporting the client’s registration.

Verification

(2) Before providing the requested information, the licensed producer must verify in a reasonable manner that the person requesting the information is a member of a Canadian police force.

Use of information

(3) Information provided under this section must be used only for the purposes of the investigation referred to in subsection (1) and for the proper administration or enforcement of the Act or these Regulations.

Information concerning health care practitioners

102. A licensed producer must provide in writing, as soon as feasible, any factual information that has been obtained about a health care practitioner under the Act or these Regulations to the licensing authority responsible for the registration or authorization of the practise of the profession

  • (a) in the province in which the health care practitioner is authorized to practise if the authority submits to the licensed producer a written request that sets out the practitioner’s name and address, a description of the information being sought and a statement that the information is required for the purpose of assisting an official investigation by the authority; or
  • (b) in a province in which the health care practitioner is not authorized to practise, if the authority submits to the licensed producer
    • (i) a written request for information that sets out the name and address of the practitioner and a description of the information being sought, and
    • (ii) either
      • (A) documentation that shows that the practitioner has applied to that authority to practise in that province, or
      • (B) documentation that shows that the authority has reasonable grounds to believe that the practitioner is practising in that province without being authorized to do so.

Information concerning licensed producers

103. The Minister is authorized to provide any information set out in a notice referred to in section 38, 39 or 40 to a Canadian police force or a member of a Canadian police force who requests the information in the course of an investigation under the Act or these Regulations, subject to that information being used only for the purpose of that investigation and the proper administration or enforcement of the Act or these Regulations.

Information concerning import or export permit

104. The Minister is authorized, for the purpose of verifying whether an importation or exportation of marihuana complies with these Regulations, to provide to a customs officer in Canada any information referred to in sections 74, 75, 78, 82, 83 and 86 and to inform them whether a permit has been suspended or revoked.

Providing information to foreign organizations

105. The Minister is authorized, for the proper administration or enforcement of the Act or these Regulations and for the purpose of enabling Canada to fulfill its international obligations under section 12 of the United Nations’ Single Convention on Narcotic Drugs, 1961, to provide the following information or documents to the International Narcotics Control Board or a competent authority:

  • (a) any information or document that a licensed producer is required to provide to the Minister under Part 1;
  • (b) any information pertaining to an activity authorized by a licence or permit issued to a licensed producer under these Regulations, including the licensed producer’s name, the nature of the authorized activity and any conditions specified in the licence or permit;
  • (c) in respect of cannabis that a licensed producer receives from another licensed producer or a licensed dealer, the following information:
    • (i) in the case of dried marihuana, its quantity and the date on which it was received, or
    • (ii) in the case of cannabis other than dried marihuana, the name of the substance in question, its quantity and the date on which it was received;
  • (d) in respect of an order that a licensed producer fills under section 121, the quantity of dried marihuana and the date on which it was shipped;
  • (e) in respect of an order that a licensed producer fills under subsection 131(1) or (2), the following information:
    • (i) in the case of dried marihuana, its quantity and the date on which it was shipped, or
    • (ii) in the case of cannabis other than dried marihuana, the name of the substance in question, its quantity and the date on which it was shipped;
  • (f) any record that a licensed producer is required to keep under subsection 143(2) or section 144 or 146; and
  • (g) a copy of any permit issued under section 75 or 83.

Security clearance — Minister

106. The Minister is authorized to communicate to a law enforcement agency information concerning an application for a security clearance for the purpose of conducting the checks and verifications referred to in section 91, subject to that information being used by that agency only for that purpose.

PART 2

CLIENT REGISTRATION AND ORDERING

REGISTRATION

Eligibility

107. An individual is eligible to be a client of a licensed producer only if they ordinarily reside in Canada.

Registration application

108. (1) Before registering an individual as a client, a licensed producer must obtain from the individual or an individual who is responsible for the individual an application that contains the following information:

  • (a) the applicant’s given name, surname, date of birth and gender;
  • (b) either,
    • (i) the address of the place in Canada where the applicant ordinarily resides, as well as, if applicable, the applicant’s telephone number, facsimile number and email address, or
    • (ii) if the applicant ordinarily resides in Canada but has no dwelling place, the address, as well as, if applicable, the telephone number, facsimile number and email address of a shelter, hostel or similar institution, located in Canada, that provides food, lodging or other social services to the applicant;
  • (c) the mailing address of the place referred to in paragraph (b), if different from the address provided under that paragraph;
  • (d) if applicable, the given name, surname, date of birth and gender of one or more individuals who are responsible for the applicant ;
  • (e) if the place referred to in subparagraph (b)(i) is an establishment that is not a private residence, the type and name of the establishment; and
  • (f) an indication as to which of the following is to be their shipping address:
    • (i) the address referred to in subparagraph (b)(i),
    • (ii) the mailing address of the place referred to in subparagraph (b)(i), or
    • (iii) subject to section 109, the address of the health care practitioner who provided the medical document referred to in subsection (2).

Medical document

(2) The applicant must include with the application the original of their medical document.

Statement by applicant or responsible individual

(3) The application must be signed and dated by the applicant or an individual who is responsible for the applicant and include a statement that

  • (a) the applicant is ordinarily resident in Canada;
  • (b) the information in the application and the medical document is correct and complete;
  • (c) the medical document is not being used to seek or obtain dried marihuana from another source;
  • (d) the original of the medical document accompanies the application; and
  • (e) the applicant will use dried marihuana only for their own medical purposes.

Statement by responsible individual

(4) If the application is signed and dated by an individual who is responsible for the applicant, it must include a statement by that individual that they are responsible for the applicant.

Homeless applicant

(5) If an application includes the information referred to in subparagraph (1)(b)(ii), the applicant must include with the application an attestation of residence signed and dated by a manager of the specified shelter, hostel or similar institution confirming that the institution provides food, lodging or other social services to the applicant.

Health care practitioner’s consent to receive dried marihuana

109. (1) If the shipping address specified in a registration application is the one referred to in subparagraph 108(1)(f)(iii), the applicant must include with the application a statement signed and dated by the health care practitioner who provided the medical document to the applicant indicating that the practitioner consents to receive dried marihuana on behalf of the applicant.

Withdrawal of consent

(2) If the applicant becomes a client of a licensed producer in accordance with section 111 and the health care practitioner ceases to consent to receive dried marihuana on behalf of the client, the practitioner must send a written notice to that effect to the client and the licensed producer.

 No further shipments

(3) A licensed producer who receives such a notice must not send any further shipments of dried marihuana to that health care practitioner for that client.

Amendment to registration

(4) A client who receives such a notice and wishes to specify a new shipping address must submit to the licensed producer a registration amendment application in accordance with section 115.

Verification of medical document

110. A licensed producer who receives an application under section 108 and intends to register the applicant must ensure that

  • (a) the medical document accompanying the application meets all of the requirements of section 129;
  • (b) the person who provided the applicant with the medical document
    • (i) is a health care practitioner,
    • (ii) is entitled to practise their profession in the province in which the applicant consulted with that person, and
    • (iii) is not named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations; and
  • (c) the applicant has consulted with the person referred to in paragraph (b) and that the information set out in the medical document is correct and complete, by confirming these matters with the office of that person.

Registration of client

111. (1) Subject to section 113, a licensed producer may register an applicant as a client.

Registration document and unique identifier

(2) If the licensed producer registers the applicant as a client, the producer must

  • (a) send the client a registration document that contains the following information:
    • (i) the name of the producer, and
    • (ii) in respect of the client,
      • (A) the client’s given name, surname, date of birth and gender,
      • (B) the address referred to in subparagraph 108(1)(b)(i) or (ii),
      • (C) the client’s shipping address in Canada, and
      • (D) the expiry date of the registration; and
  • (b) provide the client with information that will permit the client to use a unique identifier for the purpose of ordering dried marihuana.

Expiry of registration

112. A client’s registration expires at the end of the period of validity of the medical document supporting the registration, as determined in accordance with subsections 129(2) and (3).

Refusal to register

113. A licensed producer must refuse to register an applicant as a client if

  • (a) the application does not meet the requirements of section 108;
  • (b) the licensed producer has reasonable grounds to believe that false or misleading information or false or falsified documents were submitted in or with the application;
  • (c) the requirements of section 110 are not met;
  • (d) the medical document that is submitted with the application is no longer valid;
  • (e) the given name, surname or date of birth of the applicant is different from the given name, surname or date of birth that appears on the medical document;
  • (f) the health care practitioner who provided the medical document to the applicant notifies the licensed producer in writing that the use of dried marihuana by the applicant is no longer supported for clinical reasons; or
  • (g) the address specified in the application under subparagraph 108(1)(b)(i) or (ii) is not in Canada.

Notice — refusal to register

114. (1) A licensed producer who proposes to refuse to register an applicant for a ground set out in section 113 or for a business reason must without delay send the applicant a notice that indicates the reason for the refusal.

Opportunity to be heard

(2) The applicant may, within 10 days after receipt of the notice, provide the licensed producer with reasons why the refusal is unfounded.

Return of medical document

(3) A licensed producer who refuses to register an applicant must return the medical document to the applicant without delay.

Application to amend registration

115. (1) An application to amend a registration must be made to the licensed producer by the client or an individual responsible for the client when a change occurs in respect of any of the information provided under subsection 108(1).

Content of application

(2) The application must include

  • (a) the requested amendment;
  • (b) in the case of a change to any of the information provided under paragraph 108(1)(a), proof of the change; and
  • (c) in the case of a change to the information provided under subparagraph 108(1)(f)(iii), the statement referred to in subsection 109(1).

Statement

(3) The application must be signed and dated by the client or an individual who is responsible for the client and include a statement that

  • (a) the client is ordinarily resident in Canada; and
  • (b) the information contained in the application is correct and complete.

Statement by responsible individual

(4) If the application is signed and dated by an individual who is responsible for the client, it must include a statement by that individual that they are responsible for the client.

Amendment

116. (1) A licensed producer must amend a client’s registration if the client’s amendment application meets the requirements of subsections 115(2) and (3).

Amended registration document

(2) If the licensed producer amends the client’s registration, the producer must send the client an amended registration document that contains the information referred to in subparagraphs 111(2)(a)(i) and (ii).

Cancellation of registration

117. (1) A licensed producer must cancel the registration of a client if

  • (a) the client or an individual who is responsible for the client requests the licensed producer to cancel the registration;
  • (b) the client dies, ceases to be ordinarily resident in Canada or ceases to have a shipping address in Canada;
  • (c) the licensed producer has reasonable grounds to believe that
    • (i) the registration was made on the basis of false or misleading information or false or falsified documents submitted in or with the registration application, or
    • (ii) false or misleading information or false or falsified documents were submitted in or with the application to amend the registration;
  • (d) the health care practitioner who provided the medical document to the client notifies the licensed producer in writing that the use of dried marihuana by the client is no longer supported for clinical reasons; or
  • (e) the health care practitioner who provided the medical document to the client is named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations.

Time of cancellation

(2) The licensed producer must cancel the registration of the client without delay if the producer

  • (a) receives a request referred to in paragraph (1)(a) or a written notice under paragraph (1)(d);
  • (b) becomes aware of a ground referred to in paragraph (1)(b) or (e) and has verified in a reasonable manner the existence of the ground; or
  • (c) has reasonable grounds to believe that a ground referred to in subparagraph (1)(c)(i) or (ii) exists.

Cancellation of all registrations

(3) A licensed producer must cancel the registrations of all of its clients without delay if the producer’s licence is revoked.

Cancellation by producer for business reason

(4) A licensed producer may cancel the registration of a client for a business reason.

Notice

(5) Except in the case of the death of a client, a licensed producer who proposes to cancel a client’s registration must without delay send a notice that indicates the reason for the cancellation to the client.

Opportunity to be heard

(6) Within 10 days after receipt of the notice, the client or an individual responsible for the client may provide the licensed producer with reasons why the cancellation is unfounded.

Medical document

(7) A licensed producer who cancels a client’s registration must not return the medical document.

Prohibition — transfer of medical document

118. A licensed producer must not transfer to any person a medical document on the basis of which a client has been registered.

NEW MEDICAL DOCUMENT

New application

119. A licensed producer must not sell or provide dried marihuana to a client or an individual who is responsible for the client on the basis of a new medical document unless the client or the individual submits to the producer a new registration application that meets the requirements of section 108.

Applicable provisions

120. Sections 109 to 114 apply to an application under section 119 in the same way that they apply to an application under section 108.

PROCESSING AN ORDER

Order required

121. (1) A licensed producer must not sell or provide dried marihuana to a client or an individual responsible for the client unless the producer has first received, from the client or the individual, a written order in accordance with subsection (2) or a verbal order recorded in accordance with subsection (3).

Written orders

(2) A written order for dried marihuana must

  • (a) be dated as of the day on which it is made;
  • (b) set out
    • (i) the given name, surname and date of birth of the client for whom the order is made,
    • (ii) the given name and surname of the individual making the order,
    • (iii) the shipping address specified in the client’s registration document, and
    • (iv) the client’s unique identifier; and
  • (c) set out the quantity and the brand name of the dried marihuana being ordered.

Verbal orders

(3) A licensed producer who receives a verbal order must, before filling the order, make a record of the information referred to in section 137.

Shipping

122. In filling an order referred to in section 121, a licensed producer must not transfer physical possession of the dried marihuana to the client or to an individual responsible for that client other than by shipping it to that person.

Refusal

123. (1) A licensed producer must refuse to fill an order referred to in section 121 if

  • (a) the order does not meet the requirements of section 121;
  • (b) any of the information that is referred to in subparagraph 121(2)(b)(i) or (iii) does not correspond to the information set out in the client’s registration document in accordance with clause 111(2)(a)(ii)(A) or (C);
  • (c) the client’s unique identifier referred to in subparagraph 121(2)(b)(iv) is not correct;
  • (d) the client’s registration has expired or been cancelled;
  • (e) the order specifies a quantity of dried marihuana that exceeds 150 g;
  • (f) the order has been previously filled in whole or in part; or
  • (g) more than 30 days have elapsed since the date referred to in paragraph 121(2)(a) or 137(a).

Notice of refusal to fill order

(2) The licensed producer must send the client a written notice of the reason for the refusal.

Thirty-day limit

124. (1) A licensed producer must not sell or provide to a client or an individual responsible for the client in any 30-day period a total quantity of dried marihuana that exceeds 30 times the daily quantity referred to in paragraph 129(1)(d).

Date of sale

(2) A quantity of dried marihuana is deemed to be sold or provided, for the purpose of subsection (1), on the date that the licensed producer reasonably anticipates that it will be received by the client.

Return

(3) If the client or an individual responsible for the client returns to the licensed producer dried marihuana that the producer sold or provided to them, the producer may replace the returned marihuana with an equal quantity, to a maximum of 150 g.

Exclusion

(4) The quantity of any dried marihuana that the licensed producer provides to the client or an individual responsible for the client to replace the returned marihuana is to be excluded for the purpose of calculating the total quantity referred to in subsection (1).

PART 3

CLIENTS AND OTHER AUTHORIZED USERS

Proof of authority to possess

125. On demand, an individual who, in accordance with these Regulations, obtains dried marihuana for their own medical purposes must show to a police officer proof that they are authorized to possess the dried marihuana.

Prohibition — obtaining from more than one source

126. It is prohibited to seek or obtain dried marihuana from more than one source at a time on the basis of the same medical document.

Return

127. (1) An individual who, in accordance with these Regulations or subsection 65(2.1) of the Narcotic Control Regulations, obtains dried marihuana for their own medical purposes or for those of another individual for whom they are responsible may return the dried marihuana to the person who sold or provided it to them if that person accepts the return of that dried marihuana.

Return by shipping

(2) If the individual returns the dried marihuana by means of shipping it to the person who sold or provided it to them, they must

  • (a) ship it in a package that meets the requirements of paragraph 73(1)(b); and
  • (b) use a shipping method that meets the requirements of paragraph 73(1)(c).

Return to licensed producer

(3) If the individual returns the dried marihuana to the licensed producer who sold or provided it to them, they must do so by shipping it to the producer’s site in accordance with paragraphs (2)(a) and (b).

PART 4

HEALTH CARE PRACTITIONERS

Authorized activities

128. (1) In addition to being authorized to possess dried marihuana in accordance with section 3, a health care practitioner may perform the following activities in regard to a person who is under their professional treatment:

  • (a) transfer or administer dried marihuana; or
  • (b) provide a medical document.

Transfer

(2) The health care practitioner may also transfer dried marihuana to an individual who is responsible for the person under their professional treatment.

Medical document

129. (1) A medical document provided by a health care practitioner to a person who is under their professional treatment must indicate

  • (a) the practitioner’s given name, surname, profession, business address and telephone number, facsimile number and email address, if applicable, the province in which the practitioner is authorized to practise their profession and the number assigned by the province to that authorization;
  • (b) the person’s given name, surname and date of birth;
  • (c) the address of the location at which the person consulted with the practitioner;
  • (d) the daily quantity of dried marihuana to be used by the person, expressed in grams; and
  • (e) the period of use.

Period of use

(2) The period of use referred to in paragraph (1)(e)

  • (a) must be specified as a number of days, weeks or months, which must not exceed one year; and
  • (b) begins on the day on which the medical document is signed by the health care practitioner.

Validity of medical document

(3) A medical document is valid for the period of use specified in it.

Attestation

(4) The medical document must be signed and dated by the health care practitioner providing it and must attest that the information in the document is correct and complete.

Thirty-day limit

130. (1) A health care practitioner must not transfer to a person under their professional treatment or an individual who is responsible for that person (both of whom are referred to in this section as “the transferee”) in any 30-day period a total quantity of dried marihuana that exceeds 30 times the daily quantity to be used by the person under their professional treatment, as specified in the medical document on the basis of which the transfer is made.

Additional limit

(2) A health care practitioner must not, at any one time, transfer to the transferee a quantity of dried marihuana that exceeds 150 g.

Exclusion

(3) The quantity of any dried marihuana that the health care practitioner transfers to the transferee to replace any dried marihuana that the transferee has returned under section 127 is to be excluded for the purpose of calculating the total quantity referred to in subsection (1).

PART 5

SALE OR PROVISION BY A LICENSED PRODUCER TO A PERSON OTHER THAN A CLIENT

Order required — cannabis

131. (1) A licensed producer must not sell or provide cannabis under subsection 12(2) unless the producer has first received a written order in accordance with subsection (3) from

  • (a) in the case of a licensed dealer or another licensed producer, an individual who is authorized to place an order for cannabis on behalf of that dealer or producer; and
  • (b) in any other case, the person to whom the cannabis is to be sold or provided in accordance with the Act and these Regulations.

Order required — dried marihuana

(2) A licensed producer must not sell or provide dried marihuana under subparagraphs 12(4)(a)(ii) or (iii) unless the producer has first received a written order in accordance with subsection (3) from

  • (a) in the case referred to in subparagraph 12(4)(a)(ii), a pharmacist practising in the hospital or a health care practitioner authorized to place orders for dried marihuana on behalf of the hospital; and
  • (b) in the case referred to in subparagraph 12(4)(a)(iii), the person to whom the dried marihuana is to be sold or provided.

Requirements

(3) The written order must

  • (a) be signed and dated by a person described in subsection (1) or (2) and indicate their name;
  • (b) indicate the shipping address in Canada; and
  • (c) specify whether dried marihuana or cannabis other than dried marihuana is being ordered and include the following information:
    • (i) in the case of dried marihuana, its quantity and brand name, or
    • (ii) in the case of cannabis other than dried marihuana, the substance ordered, its quantity, description and, if applicable, brand name.

Signature

(4) A licensed producer must verify in a reasonable manner the identity of the person who placed the order if the signature on the order is not known to the producer.

Shipping

132. In filling an order referred to in subsection 131(2), a licensed producer must not transfer physical possession of the dried marihuana to the person to whom it is sold or provided other than by shipping it to them.

Refusal

133. (1) A licensed producer must refuse to fill an order referred to in subsection 131(1) or (2) if

  • (a) the order does not meet the requirements of subsection 131(3); or
  • (b) in the circumstances described in subsection 131(4), the identity of the person cannot be verified.

Notice of refusal to fill order

(2) The licensed producer must send the person who placed the order a written notice of the reason for the refusal.

PART 6

RECORD KEEPING BY LICENSED PRODUCERS

TRANSACTIONS

Cannabis received

134. Except in the case referred to in section 139, a licensed producer who receives cannabis must record the following information:

  • (a) the name of the person from whom it was received;
  • (b) the address of the site at which it was received;
  • (c) the date on which it was received; and
  • (d) an indication of whether dried marihuana or cannabis other than dried marihuana was received, as well as the following information:
    • (i) in the case of dried marihuana, the quantity and, if applicable, brand name, or
    • (ii) in the case of cannabis other than dried marihuana, the substance ordered, its quantity, description, intended use and, if applicable, brand name.

Imported marihuana

135. A licensed producer who imports marihuana must retain a copy of the declaration required by section 78 and of the export permit issued by a competent authority in the country of export.

Exported marihuana

136. A licensed producer who exports marihuana must retain a copy of the declaration required by section 86 and of the import permit issued by a competent authority in the country of final destination.

Record of verbal order

137. A licensed producer who receives a verbal order referred to in subsection 121(3) must record the following information:

  • (a) the date on which the order was made and the order number;
  • (b) the information referred to in paragraphs 121(2)(b) and (c); and
  • (c) the name of the individual recording the order.

Filling of order from client

138. (1) A licensed producer who fills an order referred to in section 121 must record the following information:

  • (a) the given name, surname and date of birth of the client for whom the order is placed;
  • (b) the given name and surname of the individual placing the order;
  • (c) the quantity, brand name and lot number of the dried marihuana sold or provided;
  • (d) the date on which the order was received;
  • (e) the date on which the dried marihuana was shipped; and
  • (f) the address to which the dried marihuana was shipped.

Retention of documents

(2) A licensed producer must retain a written order referred to in subsection 121(2) or a written record of a verbal order referred to in subsection 121(3).

Refusal to fill an order

(3) A licensed producer who refuses to fill an order referred to in section 121 must retain a copy of the written notice referred to in subsection 123(2).

Dried marihuana returned by client

139. A licensed producer who receives dried marihuana that is returned under section 127 must record the following information:

  • (a) the given name and surname of the individual who returned it;
  • (b) the address of the site at which it was received;
  • (c) its quantity and brand name; and
  • (d) the date on which it was received.

Order from person other than client

140. (1) A licensed producer who fills an order referred to in subsection 131(1) or (2) must record the following information:

  • (a) the name of the person to whom the cannabis or dried marihuana was sold or provided;
  • (b) the shipping address;
  • (c) an indication of whether dried marihuana or cannabis other than dried marihuana was ordered, as well as the following information:
    • (i) in the case of dried marihuana, its quantity and, if applicable, brand name, or
    • (ii) in the case of cannabis other than dried marihuana, the substance ordered, its quantity, description and, if applicable, brand name; and
  • (d) the date on which the cannabis or dried marihuana was shipped.

Refusal to fill an order

(2) A licensed producer who refuses to fill an order referred to in subsection 131(1) or (2) must retain a copy of the written notice referred to in subsection 133(2).

CLIENT REGISTRATIONS

Information

141. (1) A licensed producer must record the following information:

  • (a) details of the verifications performed under subsection 101(2), section 110 and paragraph 117(2)(b); and
  • (b) what will serve as the unique identifier referred to in paragraph 111(2)(b) and the manner in which and the date on which it was communicated to the client.

Documents

(2) A licensed producer must retain the following documents:

  • (a) a registration application referred to in section 108;
  • (b) a medical document referred to in section 108, or, if the document has been returned in accordance with subsection 114(3), a copy of it;
  • (c) a copy of a registration document referred to in paragraph 111(2)(a);
  • (d) an application for the amendment of a registration referred to in section 115;
  • (e) a copy of an amended registration document referred to in subsection 116(2); and
  • (f) a copy of a notice referred to in section 114 or subsection 117(5).
SECURITY, PRODUCTION AND INVENTORY

Security

142. A licensed producer must keep

  • (a) the visual recordings referred to in sections 43 and 48;
  • (b) the records referred to in subsections 45(2) and 51(2); and
  • (c) the record referred to in subsection 46(3).

Good production practices and packaging, labelling and shipping

143. (1) A licensed producer must keep

  • (a) records demonstrating that each lot or batch of dried marihuana that they sold or provided under subsection 12(4) was produced, packaged and labelled in accordance with Divisions 4 and 5 of Part 1;
  • (b) a list of all brand names of dried marihuana that they produced, packaged or labelled;
  • (c) a copy of the sanitation program referred to in section 57 in use at their site;
  • (d) a copy of the standard operating procedures referred to in section 58 in use at their site;
  • (e) documentation concerning the control system referred to in section 59 in use at their site;
  • (f) a description of the qualifications of the quality assurance person in respect of the matters referred to in subparagraph 60(1)(a)(ii); and
  • (g) records of every complaint referred to in paragraph 60(1)(b) and of any corrective action taken.

Sale or provision

(2) A licensed producer who sells or provides dried marihuana

  • (a) must keep records of any testing conducted by or on behalf of the licensed producer in respect of any lot or batch of the dried marihuana;
  • (b) must keep records of information necessary for the system of control referred to in section 59; and
  • (c) must keep a record of the information that the licensed producer is required by section 62 to provide to the Minister in respect of the recall of dried marihuana.

Propagated, sown, harvested, dried, packaged and destroyed marihuana

144. A licensed producer must keep a record of the following information concerning each lot or batch of marihuana that they propagate, sow, harvest, dry, package or destroy:

  • (a) the date on which marihuana plants are propagated by means other than sowing seeds and the total number of new plants propagated in this manner;
  • (b) the date on which marihuana seeds are sown and their total net weight on that date;
  • (c) the date on which marihuana is harvested and its net weight on that date;
  • (d) the date on which the drying process for marihuana is completed and its net weight on that date;
  • (e) the date on which marihuana is packaged and its net weight on that date; and
  • (f) the date on which marihuana is destroyed and its net weight on that date, before the destruction.

Destroyed cannabis

145. (1) A licensed producer must keep, for each instance in which they destroy cannabis, a record of the following information:

  • (a) the date on which the cannabis was destroyed, the name of the substance destroyed and its net weight on that date, before the destruction;
  • (b) the location at which it was destroyed;
  • (c) a brief description of the method of destruction;
  • (d) the names of the witnesses to the destruction that are referred to in paragraph 20(1)(b) and the basis on which they are qualified to be witnesses under subsection 20(2); and
  • (e) if applicable, the name of the person who accompanied the cannabis in accordance with subsection 20(3).

Statement by witnesses

(2) A licensed producer must keep, for each instance in which they destroy cannabis, a statement signed and dated by each of the witnesses referred to in paragraph 20(1)(b) stating that they have witnessed the destruction and that the cannabis was destroyed in accordance with section 20.

Inventory

146. A licensed producer must keep a record of the net weight of each of the following that are in inventory at their site at the end of each quarter of the calendar year:

  • (a) marihuana seeds;
  • (b) harvested marihuana in respect of which the drying process has not been completed, other than marihuana referred in paragraph (d) or (e);
  • (c) harvested marihuana in respect of which the drying process has been completed, other than marihuana referred in paragraph (d) or (e);
  • (d) marihuana that is destined for destruction;
  • (e) packaged marihuana; and
  • (f) cannabis other than marihuana, specifying the name and net weight of each of the substances in question.
NOTICES TO LOCAL AUTHORITIES

Notices

147. A licensed producer must keep a copy of

  • (a) each notice sent to local authorities under sections 38 to 40; and
  • (b) each notice sent to the Minister under section 40.
GENERAL OBLIGATIONS

Manner of keeping records

148. (1) A licensed producer must ensure that the records, documents and information referred to in this Part

  • (a) are kept in a manner that will enable an audit of them to be made in a timely manner; and
  • (b) are available at their site.

Retention period

(2) A licensed producer must retain the records, documents and information for the following periods:

  • (a) in the case of a written notice that the producer is required to send under these Regulations, for a period of two years after the day on which the notice is sent;
  • (b) in the case of information that the producer is required to record under sections 134 and 137, subsection 138(1), section 139, subsections 140(1) and 141(1) and sections 144 and 146, for a period of two years after the day on which the information is recorded;
  • (c) in the case of the documents referred to in sections 135 and 136, for a period of two years after the day on which the declaration referred to in section 78 or 86, as applicable, is sent to the Minister;
  • (d) in the case of the documents referred to in subsection 138(2) and paragraphs 141(2)(a) to (e), for a period of two years after the day on which the producer obtained them or, in the case of documents made by the producer, the day on which they were made;
  • (e) in the case of the visual recordings or the records referred to in section 142, for a period of two years after the day on which they were made;
  • (f) in the case of the records referred to in paragraphs 143(1)(a) and (2)(b), for a period of two years after the date of the last sale or provision of any portion of the lot or batch of dried marihuana under subsection 12(4);
  • (g) in the case of a document referred to in paragraph 143(1)(b), (c), (d) or (e), for the period during which it is current and for an additional period of two years after the day on which it is replaced by a new version;
  • (h) in the case of a document referred to in paragraph 143(1)(f), for the period during which the quality assurance person acts in that capacity and for an additional period of two years after the day on which the person ceases to do so;
  • (i) in the case of the records referred to in paragraph 143(1)(g), for a period of two years after the day on which the complaint was recorded;
  • (j) in the case of the records referred to in paragraph 143(2)(a), for a period of two years after the date of the last sale or provision of any portion of the lot or batch, other than a sale or provision for destruction;
  • (k) in the case of the records referred to in paragraph 143(2)(c), for a period of two years after the day on which the dried marihuana was recalled; and
  • (l) in the case of the records and documents referred to in section 145, for a period of two years after the day on which the cannabis was destroyed.

Case reports and summary reports

(3) A licensed producer must retain the serious adverse reaction case reports and the summary reports referred to in subsections 63(1) and (2) for a period of 25 years after the day on which they were made.

Information required by Minister

149. A licensed producer must provide the Minister with any information that the Minister may require in respect of the records, documents and information referred to in this Part, in the form and at the times that the Minister specifies.

Former licensed producers

150. If a licence to produce expires without being renewed or is revoked, the former licensed producer must comply with the requirements of paragraph 148(1)(a), subsections 148(2) and (3) and section 149.

[151 to 199 reserved]

PART 7

CONSEQUENTIAL AMENDMENTS, TRANSITIONAL PROVISIONS, REPEAL AND COMING INTO FORCE

CONSEQUENTIAL AMENDMENTS
Narcotic Control Regulations

200. (1) Section 2 of the Narcotic Control Regulations (see footnote 1) is amended by adding the following in alphabetical order:

“cannabis” means the substance set out in item 17 of the schedule; (chanvre indien)

“dried marihuana” means harvested marihuana that has been subjected to any drying process; (marihuana séchée)

“health care practitioner” has, except in section 59, the same meaning as in subsection 1(1) of the Marihuana for Medical Purposes Regulations; (praticien de la santé)

“licensed producer” has the same meaning as in subsection 1(1) of the Marihuana for Medical Purposes Regulations; (producteur autorisé)

“marihuana” means the substance referred to as “Cannabis (marihuana)” in subitem 17(2) of the schedule; (marihuana)

“medical marihuana document” has the same meaning as “medical document” in subsection 1(1) of the Marihuana for Medical Purposes Regulations; (document médical concernant la marihuana)

“transfer” means, except in subsection 45(3), to transfer, whether directly or indirectly, without consideration: (transférer)

(2) Paragraph (b) of the definition “pharmacist” in section 2 of the Regulations is replaced by the following:

  • (b) includes, for the purpose of sections 3, 31 to 39, subsections 44(1), 45(1) and (2), section 46 and subsections 65(3) to (4), a person who is registered and entitled under the laws of a province to practise pharmacy and who is practising pharmacy in that province; (pharmacien)

201. The Regulations are amended by adding the following after section 2:

2.1 For greater certainty, in these Regulations, a reference to “provide” includes “transfer”.

202. (1) The portion of paragraph 3(1)(d) of the French version of the Regulations before subparagraph (i) is replaced by the following:

  • d) qu’elle a obtenu pour son propre usage un stupéfiant autre que la diacétylmorphine (héroïne), de l’une des façons suivantes :

(2) Paragraph 3(1)(d) of the Regulations is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):

  • (iv) pursuant to a medical marihuana document that is not provided or obtained in contravention of the Marihuana for Medical Purposes Regulations;

203. (1) Section 8 of the Regulations is replaced by the following:

8. (1) Subject to these Regulations, the Marihuana for Medical Purposes Regulations and the Marihuana Medical Access Regulations, no person except a licensed dealer shall produce, make, assemble, import, export, sell, provide, transport, send or deliver a narcotic.

(2) No licensed dealer shall import or export a narcotic without a permit.

(3) No licensed dealer shall cultivate, propagate or harvest marihuana other than for scientific purposes.

(4) Subsection (3) does not apply to marihuana produced by a licensed dealer under contract with Her Majesty in right of Canada.

(2) Subsection 8(1) of the Regulations, as enacted by subsection (1), is replaced by the following:

8. (1) Subject to these Regulations and the Marihuana for Medical Purposes Regulations, no person except a licensed dealer shall produce, make, assemble, import, export, sell, provide, transport, send or deliver a narcotic.

204. Section 8.1 of the Regulations is replaced by the following:

8.1 A licensed dealer is authorized to have a narcotic in their possession for the purpose of exporting the narcotic from Canada if they have obtained the narcotic in accordance with these Regulations or the Marihuana for Medical Purposes Regulations.

205. Paragraph 8.3(1)(a) of the Regulations is replaced by the following:

  • (a) shall designate one qualified person in charge, who may be the licensed dealer if the licensed dealer is an individual, who must work at the premises specified in the licence, have responsibility for supervising activities with respect to narcotics specified in the licence and for ensuring, on behalf of the licensed dealer, that those activities comply with these Regulations and the Marihuana for Medical Purposes Regulations; and

206. (1) Subsection 9.4(1) of the Regulations is amended by adding the following after paragraph (d):

  • (d.1) except in the case of marihuana produced by a licensed dealer under contract with Her Majesty in right of Canada, an activity for which the licence is requested is the cultivation, propagation or harvesting of marihuana other than for scientific purposes;

(2) Paragraph 9.4(2)(b) of the Regulations is replaced by the following:

  • (b) has carried out, or signed an undertaking to carry out, the necessary corrective measures to ensure compliance with the Act, these Regulations and the Marihuana for Medical Purposes Regulations;

207. Paragraph 9.9(2)(b) of the Regulations is replaced by the following:

  • (b) has carried out, or signed an undertaking to carry out, the necessary corrective measures to ensure compliance with the Act, these Regulations and the Marihuana for Medical Purposes Regulations.

208. Section 12 of the Regulations is replaced by the following:

12. Every licence or permit issued under these Regulations is subject to the condition that the licensed dealer will comply with the provisions of these Regulations and the Marihuana for Medical Purposes Regulations.

209. (1) The portion of subsection 24(2) of the Regulations before paragraph (a) is replaced by the following:

(2) Subject to subsection (2.2) and section 25, a licensed dealer may sell or provide any narcotic other than diacetylmorphine (heroin) or methadone to

(2) Section 24 of the Regulations is amended by adding the following after subsection (2.1):

(2.2) No licensed dealer shall sell or provide dried marihuana to a person referred to in paragraph (2)(b), (c) or (d) unless the dealer produced it under contract with Her Majesty in right of Canada.

(3) Subsection 24 of the Regulations is amended by adding the following after subsection (4):

(5) A licensed dealer may sell or provide cannabis to a licensed producer.

210. (1) The portion of subsection 27(1) of the Regulations before paragraph (a) is replaced by the following:

27. (1) Subject to this section, a licensed dealer may, in accordance with the terms and conditions of their dealer’s licence, sell or provide a narcotic under subsections 24(2) to (5) if the licensed dealer has, on the premises specified in the licence, received

(2) The portion of subsection 27(2) of the Regulations before paragraph (a) is replaced by the following:

(2) A licensed dealer who has received an order referred to in paragraph (1)(a) may sell or provide a narcotic under subsections 24(2) to (5) if

(3) Subparagraph 27(2)(a)(i) of the Regulations is replaced by the following:

  • (i) if the narcotic is to be sold or provided to a person referred to in paragraph 24(2)(a), (b), (c) or (e), 24(3)(a), (b), or (d), 24(4)(a) or (c) or subsection 24(5), by that person, or

211. The portion of section 30 of the Regulations before paragraph (a) is replaced by the following:

30. A pharmacist who receives a narcotic from a licensed dealer or dried marihuana from a licensed producer shall immediately enter in a book, register or other record maintained for such purposes, the following:

212. (1) Subsection 31(1) of the Regulations is replaced by the following:

31. (1) No pharmacist shall sell or provide narcotics except in accordance with this section and sections 34 to 36 and 45.

(2) The portion of subsection 31(2) of the Regulations before paragraph (a) is replaced by the following:

(2) A pharmacist may sell or provide a narcotic other than methadone or dried marihuana to a person

(3) Paragraph 31(2)(b) of the French version of the Regulations is replaced by the following:

  • b) toute personne, s’il a reçu, au préalable, une commande écrite ou une ordonnance à cet effet, lesquelles doivent être signées et datées par un praticien, et s’il a lui-même vérifié la signature du praticien lorsqu’il ne la connaît pas.

(4) Section 31 of the Regulations is amended by adding the following after subsection (3):

(4) If authorized by the person in charge of the hospital, a pharmacist practising in a hospital may sell or provide dried marihuana in accordance with subsection 65(2.1).

213. Subsection 45(1) of the English version of the Regulations is replaced by the following:

45. (1) A pharmacist may, on receiving a written order for a narcotic

  • (a) return the narcotic to the licensed dealer who sold or provided it to the pharmacist, if the order is signed and dated by the dealer; or
  • (b) sell or provide to another pharmacist the quantity of the narcotic that is specified in the order as being required for emergency purposes, if the order is signed and dated by the other pharmacist.

214. (1) The portion of section 46 of the Regulations before paragraph (a) is replaced by the following:

46. The Minister shall provide in writing any factual information about a pharmacist that has been obtained under the Act, these Regulations or the Marihuana for Medical Purposes Regulations to the provincial professional licensing authority responsible for the registration or authorization of the person to practise their profession

(2) Clauses 46(a)(ii)(B) and (C) of the Regulations are replaced by the following:

  • (B) been found guilty in a court of law of a designated drug offence or of a contravention of these Regulations or the Marihuana for Medical Purposes Regulations, or
  • (C) contravened a provision of these Regulations or the Marihuana for Medical Purposes Regulations; or

215. (1) The portion of subsection 48(1) of the Regulations before paragraph (a) is replaced by the following:

48. (1) In the circumstances described in subsection (2), the Minister must issue a notice to the persons and authorities specified in subsection (3) advising them that licensed dealers, pharmacists practising in the notified pharmacies and licensed producers must not sell or provide to the pharmacist named in the notice one or more of the following:

(2) Paragraph 48(2)(c) of the Regulations is replaced by the following:

  • (c) been found guilty in a court of law of a designated drug offence or of an offence under these Regulations or the Marihuana for Medical Purposes Regulations.

(3) Subsection 48(3) of the Regulations is amended by adding the following after paragraph (a):

  • (a.1) all licensed producers;

(4) Paragraph 48(4)(f) of the Regulations is replaced by the following:

  • (f) is unable to account for the quantity of narcotic for which the pharmacist was responsible under these Regulations or the Marihuana for Medical Purposes Regulations.

216. The portion of section 49 of the Regulations before paragraph (a) is replaced by the following:

49. The Minister must provide the licensed dealers, licensed producers, pharmacies, and provincial professional licensing authorities who were issued a notice under subsection 48(1) with a notice of retraction of that notice if

217. (1) Subsection 53(1) of the Regulations is replaced by the following:

53. (1) No practitioner shall administer a narcotic to a person or animal, or prescribe, sell or provide a narcotic for a person or animal, except as authorized under this section, the Marihuana Medical Access Regulations or the Marihuana for Medical Purposes Regulations.

(2) Subsection 53(1) of the Regulations, as enacted by subsection (1), is replaced by the following:

53. (1) No practitioner shall administer a narcotic to a person or animal, or prescribe, sell or provide a narcotic for a person or animal, except as authorized under this section or the Marihuana for Medical Purposes Regulations.

(3) Subsection 53(2) of the Regulations is replaced by the following:

(2) Subject to subsections (3) and (4), a practitioner may administer a narcotic other than dried marihuana to a person or animal, or prescribe, sell or provide it for a person or animal, if

  • (a) the person or animal is a patient under their professional treatment; and
  • (b) the narcotic is required for the condition for which the person or animal is receiving treatment.

(4) Section 53 of the Regulations is amended by adding the following after subsection (4):

(5) A health care practitioner may administer dried marihuana to a person or prescribe or transfer it for a person if

  • (a) the person is a patient under their professional treatment; and
  • (b) the dried marihuana is required for the condition for which the person is receiving treatment.

218. (1) The portion of subsection 54(1) of the Regulations before paragraph (a) is replaced by the following:

54. (1) A practitioner who sells or provides a narcotic other than dried marihuana to a person for self-administration or for administration to an animal shall, whether or not the practitioner charges for the narcotic, keep a record showing the name and quantity of the narcotic sold or provided, the name and address of the person to whom it was sold or provided and the date on which it was sold or provided, if the quantity of the narcotic exceeds

(2) Subsection 54(2) of the Regulations is replaced by the following:

(2) The practitioner shall keep the record in a place, form and manner that will permit an inspector readily to examine and obtain information from it.

219. Paragraph 55(a) of the Regulations is replaced by the following:

  • (a) furnish to the Minister any information that the Minister may require respecting
    • (i) the use by the practitioner of narcotics received — including the administering, selling or providing of them to a person,
    • (ii) the prescriptions for narcotics issued by the practitioner, and
    • (iii) the medical marihuana documents provided by the health care practitioner;

220. (1) The portion of section 57 of the Regulations before paragraph (a) is replaced by the following:

57. The Minister shall provide in writing any factual information about a practitioner that has been obtained under the Act, these Regulations or the Marihuana for Medical Purposes Regulations to the provincial professional licensing authority responsible for the registration or authorization of the person to practise their profession

(2) Clauses 57(a)(ii)(B) and (C) of the Regulations are replaced by the following:

  • (B) been found guilty in a court of law of a designated drug offence or of a contravention of these Regulations or the Marihuana for Medical Purposes Regulations, or
  • (C) contravened a provision of these Regulations or the Marihuana for Medical Purposes Regulations; or

221. (1) The portion of section 58 of the Regulations before paragraph (a) is replaced by the following:

58. A practitioner may make a written request to the Minister to send to licensed dealers, licensed producers and pharmacies a notice, issued under section 59, advising them of one or more of the following requirements:

(2) Section 58 of the Regulations is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (d):

  • (e) if that practitioner is a health care practitioner, the notified licensed producers must not sell or provide dried marihuana on the basis of a medical marihuana document provided by that practitioner;
  • (f) if that practitioner is a health care practitioner, the notified licensed producers must not sell or provide dried marihuana on the basis of an authorization to possess issued under the Marihuana Medical Access Regulations on the basis of a medical declaration made under those Regulations by that practitioner; or
  • (g) if that practitioner is a health care practitioner, the notified licensed producers must not sell or provide dried marihuana on the basis of a medical declaration made under the Marihuana Medical Access Regulations by that practitioner.

(3) Section 58 of the Regulations, as amended by subsection (2), is amended by striking out “or” at the end of paragraph (f), by adding “or” at the end of paragraph (e) and by repealing paragraph (g).

(4) Section 58 of the Regulations, as amended by subsections (2) and (3), is amended by striking out “or” at the end of paragraph (e), by adding “or” at the end of paragraph (d) and by repealing paragraph (f).

222. (1) Subsection 59(1) of the Regulations is amended by striking out “or” at the end of paragraph (a) and by adding the following after paragraph (a):

  • (a.1) if the practitioner named in the notice is a health care practitioner, the notified licensed producers must not ship dried marihuana to that practitioner;

(2) Subsection 59(1) of the Regulations is amended by adding the following after paragraph (b):

  • (c) if the practitioner named in the notice is a health care practitioner, the notified licensed producers must not sell or provide dried marihuana on the basis of a medical marihuana document provided by that practitioner;
  • (d) if the practitioner named in the notice is a health care practitioner, the notified licensed producers must not sell or provide dried marihuana on the basis of an authorization to possess issued under the Marihuana Medical Access Regulations on the basis of a medical declaration made under those Regulations by that practitioner; or
  • (e) if the practitioner named in the notice is a health care practitioner, the notified licensed producers must not sell or provide dried marihuana on the basis of a medical declaration made under the Marihuana Medical Access Regulations by that practitioner.

(3) Subsection 59(1) of the Regulations, as amended by subsection (2), is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (c) and by repealing paragraph (e).

(4) Subsection 59(1) of the Regulations, as amended by subsections (2) and (3), is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (b) and by repealing paragraph (d).

(5) Paragraph 59(2)(c) of the Regulations is replaced by the following:

  • (c) been found guilty in a court of law of a designated drug offence or of an offence under these Regulations or the Marihuana for Medical Purposes Regulations.

(6) Subsection 59(3) of the Regulations is amended by adding the following after paragraph (a):

  • (a.1) all licensed producers;

(7) Subsection 59(4) of the Regulations is amended by adding the following after paragraph (a):

  • (a.1) has performed an activity referred to in section 128 of the Marihuana for Medical Purposes Regulations in regard to a person who is not under their professional treatment;
  • (a.2) has contravened section 129 or 130 of those Regulations;

(8) Paragraph 59(4)(f) of the Regulations is replaced by the following:

  • (f) is unable to account for the quantity of narcotic for which the practitioner was responsible under these Regulations or the Marihuana for Medical Purposes Regulations.

(9) Section 59 of the Regulations is amended by adding the following after subsection (5):

(6) In this section, “health care practitioner” means

  • (a) a person who is registered and entitled under the laws of a province to practise medicine in that province; or
  • (b) a nurse practitioner within the meaning of section 1 of the New Classes of Practitioners Regulations who is permitted to prescribe dried marihuana in the province in which they practice.

223. The portion of section 60 of the Regulations before paragraph (a) is replaced by the following:

60. The Minister must provide the licensed dealers, licensed producers, pharmacies and provincial professional licensing authorities who were issued a notice under subsection 59(1) with a notice of retraction of that notice if

224. Paragraph 63(a) of the Regulations is amended by striking out “and” at the end of subparagraph (vi) and by adding the following after subparagraph (vii):

  • (viii) the name of the health care practitioner providing a medical marihuana document, the date on which the document was signed and the daily quantity and period of use specified in it;
  • (ix) details concerning the return of dried marihuana under paragraph 65.3(a) — namely, the quantity returned, the name and address of the licensed producer to whom it was returned and the date on which it was returned; and
  • (x) details concerning the sale or provision of dried marihuana for destruction under paragraph 65.3(b) or (c) — namely, the quantity sold or provided, the name and address of the licensed producer or licensed dealer to whom it was sold or provided and the date on which it was sold or provided.

225. (1) Subsections 65(2) to (4) of the Regulations are replaced by the following:

(2) Subject to subsection (5), on receipt of a prescription or a written order, signed and dated by a practitioner, the person in charge of a hospital may permit a narcotic other than diacetylmorphine (heroin) or dried marihuana to be administered to a person or an animal under treatment as an in-patient or out-patient of the hospital, or to be sold or provided for the person or to the person in charge of the animal.

(2.1) On receipt of a prescription, a written order or a medical marihuana document, signed and dated by a health care practitioner, the person in charge of a hospital may permit dried marihuana

  • (a) to be administered to a person under treatment as an in-patient or out-patient of the hospital or to be sold or provided to that person; or
  • (b) to be sold or provided to an individual who is responsible for that person.

(3) Subject to subsections (5) and (5.1), the person in charge of a hospital may permit a narcotic other than dried marihuana to be provided, for emergency purposes, to a hospital employee or practitioner in another hospital on receipt of a written order signed and dated by a pharmacist in the other hospital or a practitioner authorized by the person in charge of the other hospital to sign the order.

(3.1) Subject to subsection (5.2), the person in charge of a hospital may permit dried marihuana to be provided, for emergency purposes, to a hospital employee or health care practitioner in another hospital on receipt of a written order signed and dated by a pharmacist in the other hospital or a health care practitioner authorized by the person in charge of the other hospital to sign the order.

(4) Subject to subsection (5.1), the person in charge of a hospital may permit a narcotic other than diacetylmorphine (heroin) or dried marihuana to be sold or provided, for emergency purposes, to a pharmacist on receipt of a written order signed and dated by the pharmacist.

(2) Section 65 of the Regulations is amended by adding the following after subsection (5.1):

(5.2) No person in charge of a hospital shall permit dried marihuana to be sold or provided under subsection (3.1) unless the signature of the pharmacist in the other hospital or of the health care practitioner authorized by the person in charge of the other hospital to sign an order is known to the person who sells or provides the dried marihuana or has been verified.

226. The Regulations are amended by adding the following after section 65:

65.1 (1) The person in charge of a hospital who permits dried marihuana to be sold or provided iunder subsection 65(2.1) to an out-patient or an individual responsible for that patient shall ensure that

  • (a) in any 30-day period the total quantity of dried marihuana that is sold or provided to that person does not exceed 30 times the daily quantity referred to in subparagraph 65.2(c)(iii); and
  • (b) not more than 150 g of dried marihuana is sold or provided to that person at any one time.

(2) If the person to whom dried marihuana is sold or provided as described in subsection (1) returns it to the hospital, the person in charge of the hospital may, subject to paragraph (1)(b), permit it to be replaced with an equal quantity of dried marihuana.

(3) The quantity of any dried marihuana that is replaced under subsection (2) is to be excluded for the purpose of calculating the total quantity referred to in paragraph (1)(a).

65.2 The person in charge of a hospital who permits dried marihuana to be sold or provided under subsection 65(2.1) to an out-patient or an individual responsible for that patient shall ensure that

  • (a) it is sold or provided in the immediate container in which it was sold or provided by a licensed producer to an employee of the hospital referred to in subparagraph 12(4)(a)(ii) of the Marihuana for Medical Purposes Regulations;
  • (b) the immediate container carries the label required under section 66 of those Regulations;
  • (c) a separate label is affixed to the immediate container that contains the following information:
    • (i) the given name, surname and profession of the health care practitioner who signed and dated the prescription, written order or medical marihuana document,
    • (ii) the given name and surname of the patient,
    • (iii) the daily quantity of dried marihuana to be used by the patient, expressed in grams, as specified in the prescription, written order or medical marihuana document, and
    • (iv) the date on which the dried marihuana was sold or provided;
  • (d) the label required under paragraph (c) does not cover any portion of the label referred to in paragraph (b);
  • (e) the patient is provided with a copy of the current version of the document entitled Information on the Use of Marihuana for Medical Purposes, published by the Department of Health; and
  • (f) the patient is provided with a separate document containing the information referred to in paragraph (c).

65.3 The person in charge of a hospital may, on receiving a written order for dried marihuana, permit it to be

  • (a) returned to the licensed producer who sold or provided it to them, if the order is signed and dated by the producer;
  • (b) sold or provided, for destruction, to a licensed producer who is authorized to destroy dried marihuana other than dried marihuana that the producer produces, sells or provides, if the order is signed and dated by the producer; or
  • (c) sold or provided, for destruction, to a licensed dealer who is authorized to destroy dried marihuana, if the order is signed and dated by the dealer.

227. Section 67 of the English version of the Regulations is replaced by the following:

67. The Minister may, on application for it, issue a licence to any person who, in the opinion of the Minister, is qualified to cultivate, gather or produce opium poppy or cannabis for scientific purposes, on any terms and conditions that the Minister considers necessary.

228. Subsection 73(2) of the Regulations is replaced by the following:

(2) The Minister may communicate to a nursing statutory body any information concerning any member of that body obtained under the Act, these Regulations or the Marihuana for Medical Purposes Regulations.

Marihuana Medical Access Regulations

229. Subsection 1(1) of the Marihuana Medical Access Regulations (see footnote 2) is amended by adding the following in alphabetical order:

“client” has the same meaning as in subsection 1(1) of the Marihuana for Medical Purposes Regulations. (client)

“licensed producer” has the same meaning as in subsection 1(1) of the Marihuana for Medical Purposes Regulations. (producteur autorisé)

230. Paragraph 5(1)(e) of the Regulations is replaced by the following:

  • (e) in the case of an application for an authorization to possess that is submitted on or before September 30, 2013 or an application for the renewal of an authorization to possess, that the authorization is sought in respect of marihuana to be
    • (i) produced by the applicant or a designated person, in which case the designated person must be named, or
    • (ii) obtained under section 70.2 from a licensed dealer producing marihuana under contract with Her Majesty in right of Canada or obtained from a medical practitioner under section 70.4;
  • (e.1) in the case of an application for an authorization to possess that is submitted after September 30, 2013, that the authorization is sought in respect of marihuana to be obtained under section 70.2 from a licensed dealer producing marihuana under contract with Her Majesty in right of Canada or obtained from a medical practitioner under section 70.4;

231. Subsection 11(2) of the Regulations is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):

  • (h) the reference date referred to in section 13.1.

232. Section 13 of the Regulations is replaced by the following:

13. (1) Subject to subsection (2), an authorization to possess expires 12 months after its date of issue or, if a shorter period is specified in the application for the authorization under paragraph 6(1)(d), at the end of that period.

(2) An authorization to possess expires not later than March 31, 2014.

(3) For greater certainty, subsection (2) applies

  • (a) even if the date of expiry indicated on the authorization to possess is later than March 31, 2014; and
  • (b) whether or not the authorization is issued before or after that subsection comes into force.

13.1 (1) For the purpose of paragraph 11(2)(h), the reference date that is to be indicated on an authorization to possess is the date that is 12 months after the date of issue of the authorization or, if a shorter period is specified in the application for the authorization under paragraph 6(1)(d), the date on which that period ends.

(2) The “shorter period” referred to in subsection (1) begins on the date of issue of the authorization to possess.

233. Subsection 21(2) of the Regulations is replaced by the following:

(2) If an application is submitted on or before September 30, 2013 to amend an authorization to possess to increase the daily amount of dried marihuana specified in the authorization and the authorization is consequently amended, the Minister shall, if applicable, amend the licence to produce that was issued on the basis of the authorization to reflect the change in

  • (a) the maximum number of marihuana plants that the holder of the licence may produce in accordance with paragraph 29(2)(f) or 40(2)(g); and
  • (b) the maximum quantity of dried marihuana that the holder of the licence may keep in accordance with paragraph 29(2)(h) or 40(2)(i).

(3) For greater certainty, the Minister shall not amend the licence to produce in the manner referred to in subsection (2) if the application is submitted after September 30, 2013.

234. The portion of subsection 26(1) of the Regulations before paragraph (a) is replaced by the following:

26. (1) An application for a personal-use production licence shall be considered only if it is submitted on or before September 30, 2013 and is made by a person who

235. Section 32 of the Regulations is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):

  • (f) the application is submitted after September 30, 2013.

236. Section 33 of the Regulations is replaced by the following:

33. (1) Subject to subsection (2), a personal-use production licence expires on the earlier of

  • (a) 12 months after its date of issue, and
  • (b) the date of expiry of the authorization to possess held by the licence holder.

(2) A personal-use production licence expires not later than March 31, 2014.

237. The portion of subsection 36(1) of the Regulations before paragraph (a) is replaced by the following:

36. (1) An application for a designated-person production licence shall be considered only if it is submitted on or before September 30, 2013 and is made by a person who

238. Section 41 of the Regulations is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d) the application is submitted after September 30, 2013.

239. Section 42 of the Regulations is replaced by the following:

42. (1) Subject to subsection (2), a designated-person production licence expires on the earlier of

  • (a) 12 months after its date of issue, and
  • (b) the date of expiry of the authorization to possess on the basis of which the licence was issued.

(2) A designated-person production licence expires not later than March 31, 2014.

240. Section 45 of the Regulations is replaced by the following:

45. The Minister shall refuse to renew a licence to produce for any reason referred to in paragraphs 32(a) to (e) or 41(a) to (c), whichever applies.

45.1 (1) This section applies if

  • (a) an application is submitted after September 30, 2013 to renew an authorization to possess and the daily amount of dried marihuana specified in the renewed authorization is greater than the amount specified in the previous authorization; and
  • (b) the Minister issues a renewed licence to produce on the basis of the renewed authorization to possess.

(2) In the renewed licence to produce the Minister shall not specify an amount greater than the amount specified in the previous licence in respect of

  • (a) the maximum number of marihuana plants that the holder of the renewed licence may produce in accordance with paragraph 29(2)(f) or 40(2)(g); and
  • (b) the maximum quantity of dried marihuana that the holder of the renewed licence may keep in accordance with paragraph 29(2)(h) or 40(2)(i).

241. The Regulations are amended by adding the following before section 46:

45.2 The holder of a licence to produce shall not change the location of the production site during the period beginning on October 1, 2013 and ending on December 15, 2013, unless

  • (a) the person who applied for the licence to produce has, on or before September 30, 2013, submitted an application under section 46; and
  • (b) the Minister has accordingly amended the licence under section 47.

45.3 The holder of a licence to produce shall not change the location of the production site after December 15, 2013.

45.4 (1) This section applies if

  • (a) the address of ordinary residence of the holder of a licence to produce is also the address of the production site;
  • (b) there is to be a change in the holder’s address of ordinary residence after September 30, 2013; and
  • (c) the holder will not continue to produce marihuana at the production site after that change.

(2) The holder shall, at least 30 days before the day on which the change of address occurs,

  • (a) notify the Minister in writing of the change, the date on which the change takes effect and the fact that the holder will not produce marihuana at the production site after that date;
  • (b) request that the Minister revoke the licence to produce as of that date; and
  • (c) if the holder holds a designated-person production licence, notify in writing the holder of the authorization to possess on the basis of which the licence was issued of the matters referred to in paragraph (a).

(3) Subsection (2) does not apply if

  • (a) the person who applied for the licence to produce has, on or before September 30, 2013, submitted an application under section 46 concerning a proposed change in the location of the production site; and
  • (b) the Minister has accordingly amended the licence under section 47.

242. (1) Section 46 of the Regulations is amended by adding the following after subsection (1):

(1.1) An application concerning a proposed change in the location of the production site shall be submitted on or before September 30, 2013.

(2) Paragraphs 46(2)(b) and (c) of the Regulations are replaced by the following:

  • (b) in the case of a proposed change in the location of the production site, the full address of the proposed new site, the date on which the change takes effect and supporting reasons for the change;
  • (c) in the case of a proposed change in the production area, the proposed new production area, the date on which the change takes effect and supporting reasons for the change; and

243. Sections 47 and 48 of the Regulations are replaced by the following:

47. (1) Subject to subsection (2) and section 48, if an application complies with subsections 46(1.1) and (2), the Minister shall amend the licence to produce.

(2) If an application concerns a proposed change in the location of the production site, the Minister shall not amend the licence after December 15, 2013, regardless of the day on which the application was submitted.

48. The Minister shall refuse to amend a licence to produce for any reason referred to in paragraphs 32(a) to (e) or 41(a) to (c), whichever applies.

244. Subsections 50(1) and (2) of the Regulations are replaced by the following:

50. (1) The holder of a licence to produce shall, within 10 days after the change, notify the Minister in writing of

  • (a) a change in the holder’s name; or
  • (b) a change in the holder’s address of ordinary residence, other than a case referred to in subsection 45.4(1).

245. Section 60 of the Regulations is amended by adding the following after subsection (2):

(3) Subsection (2) does not apply in the case of a revocation referred to in subsection 62(3).

246. Section 62 of the Regulations is amended by adding the following after subsection (2):

(3) If, in accordance with item 7 of the table to section 256 of the Marihuana for Medical Purposes Regulations, a licensed producer notifies the Minister that the holder of an authorization to possess has become a client of the producer, the Minister shall, not earlier than 30 days after the day on which the holder was registered, revoke the authorization and any licence to produce issued on the basis of the authorization.

247. The portion of section 64 of the Regulations before paragraph (a) is replaced by the following:

64. The Minister shall not revoke an authorization to possess or a licence to produce under subsection 62(1) or (2) or section 63 or 63.1 unless

248. The Regulations are amended by adding the following after section 69:

69.1 For the purpose of item 10 of the table to section 256 of the Marihuana for Medical Purposes Regulations, if the medical practitioner named in the authorization to possess supporting a client’s registration with a licensed producer has advised the Minister in writing that the continued use of dried marihuana by the client is no longer supported for clinical reasons, the Minister shall so advise the licensed producer in writing.

249. Section 70.4 of the Regulations is replaced by the following:

70.4 A medical practitioner who, in accordance with section 24 of the Narcotic Control Regulations, has obtained dried marihuana from a licensed dealer who produced it under contract with Her Majesty in right of Canada may provide the marihuana to the holder of an authorization to possess who is under the practitioner’s professional treatment.

250. The Regulations are amended by adding the following after section 72:

72.1 If an application under these Regulations is received by the Minister before the day on which the Marihuana for Medical Purposes Regulations come into force, but the processing of the application has not been completed before that day, the Minister must process the application in accordance with these Regulations as they read on that day.

New Classes of Practitioners Regulations

251. Section 3 of the New Classes of Practitioners Regulations (see footnote 3) is renumbered as subsection 3(1) and is amended by adding the following:

Dried marihuana

(2) As provided by the Marihuana for Medical Purposes Regulations, a nurse practitioner, as a practitioner, may conduct an activity in respect of dried marihuana in accordance with section 3 or 128 of those Regulations if

  • (a) they are permitted to prescribe dried marihuana in their practice under the laws of the province in which they are registered and entitled to practise; and
  • (b) they are not named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations.

Definition of “dried marihuana”

(3) For the purpose of subsection (2), “dried marihuana” has the same meaning as in subsection 1(1) of the Marihuana for Medical Purposes Regulations.

252. Paragraph 4(2)(b) of the Regulations is replaced by the following:

  • (b) any of subitems 1(1) and (10) and 2(1) of the schedule to the Narcotic Control Regulations.
TRANSITIONAL PROVISIONS
Interpretation

Definitions

253. (1) For the purpose of sections 254 to 266, “authorization to possess”, “designated-person production licence”, “medical practitioner” and “personal-use production licence” have the same meaning as in subsection 1(1) of the Marihuana Medical Access Regulations.

Medical declaration

(2) For the purpose of sections 254 to 266, “medical declaration” means a medical declaration that is made by a medical practitioner in accordance with sections 6 and 8 of the Marihuana Medical Access Regulations.

Registration Based on an Authorization to Possess

Applicable period

254. Sections 255 and 256 apply until March 31, 2015.

Registration based on authorization to possess

255. (1) For the purpose of subsection 108(2), an individual applying to become a client of a licensed producer may include an authorization to possess with their application, instead of a medical document.

Ongoing validity of authorization to possess

(2) An authorization to possess that was valid immediately before the repeal of the Marihuana Medical Access Regulations remains valid solely for the purpose of being used as specified in subsection (1).

Modified application of Regulations

256. If, in accordance with section 255, a registration application under section 108 is made on the basis of an authorization to possess, the provisions of these Regulations, other than section 129, apply with the following modifications:

  • (a) a reference in sections 1 to 150 to a “medical document” is to be read as a reference to an authorization to possess, except in the case of
    • (i) the definition “medical document” in subsection 1(1),
    • (ii) paragraph 128(1)(b), and
    • (iii) a provision referred to in paragraph (b); and
  • (b) a provision that is referred to in column 1 of the table to this section is to be read as set out in column 2.

TABLE

Item

Column 1
Provision

Column 2
Modified text

1.

paragraph 5(a)

  • (a) in the case of dried marihuana obtained from a licensed producer in accordance with an authorization to possess, the quantity specified in the authorization;

2.

subparagraph 67(a)(ii)

  • (ii) the name of the medical practitioner that appears on the authorization to possess,

3.

subparagraph 67(a)(iv)

  • (iv) the daily quantity of dried marihuana determined by the formula
  • A / 30
  • where
  • A is the maximum quantity of dried marihuana specified in the authorization to possess,

4.

paragraph 101(1)(b)

  • (b) in respect of a individual who is a client of the producer, the daily quantity of dried marihuana determined by the formula
  • A / 30
  • where
  • A is the maximum quantity of dried marihuana specified in the authorization to possess supporting the client’s registration.

5.

subparagraph 108(1)(f)(iii)

  • (iii) subject to section 109, the address of the medical practitioner who made the medical declaration supporting the authorization to possess referred to in subsection 108(2).

6.

subsection 109(1)

(1) If the shipping address specified in a registration application is the one referred to in subparagraph 108(1)(f)(iii), the applicant must include with the application a statement, signed and dated by the medical practitioner who made the medical declaration supporting the authorization to possess referred to in subsection 108(2), indicating that the practitioner consents to receive dried marihuana on behalf of the applicant.

7.

section 110

110. (1) A licensed producer who receives an application under section 108 and intends to register the applicant as a client must communicate with the Minister to confirm the date of issue and date of expiry of the authorization to possess and, if applicable, the reference date indicated on the authorization and to confirm that the authorization has not been revoked.

(2) If the licensed producer registers the applicant as a client, the licensed producer must immediately notify the Minister in writing of the registration and the date of the registration, and provide the Minister with a copy of the authorization to possess.

8.

section 112

112. A client’s registration expires at the earlier of

  • (a) the date that is one year after the date of issue of the authorization to possess supporting the registration, and
  • (b) either
    • (i) the reference date indicated on that authorization, or
    • (ii) the date of expiry of that authorization, if that authorization has no reference date.

9.

paragraphs 113(d) to (f)

  • (d) the registration would begin after the reference date indicated on the authorization to possess submitted with the application;
  • (d.1) in a case in which the authorization to possess has no reference date, the authorization has expired;
  • (e) the name or date of birth of the applicant is different from the name or date of birth that appears on the authorization to possess;
  • (f) the Minister informs the licensed producer that the authorization to possess has been or will be revoked; or

10.

paragraphs 117(1)(d) and (e)

  • (d) the Minister informs the licensed producer in writing that the medical practitioner named in the authorization to possess supporting the client’s registration with the licensed producer has advised the Minister in writing that the continued use of dried marihuana by the client is no longer supported for clinical reasons; or
  • (e) the medical practitioner named in the authorization to possess is named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations.

11.

subsection 124(1)

(1) A licensed producer must not sell or provide to a client in any 30-day period a total quantity of dried marihuana that exceeds the maximum quantity specified in the authorization to possess supporting the client’s registration.

Registration Based on a Medical Declaration

Applicable period

257. Sections 258 and 259 apply until March 31, 2014.

Registration based on medical declaration

258. For the purpose of subsection 108(2), an individual applying to become a client of a licensed producer may include a medical declaration with the application instead of a medical document.

Modified application of Regulations

259. If, in accordance with section 258, a registration application under section 108 is made on the basis of a medical declaration, the provisions of these Regulations, other than paragraph 110(a) and section 129, apply with the following modifications:

  • (a) a reference in sections 1 to 150 to a “medical document” is to be read as a reference to a medical declaration, except in the case of
    • (i) the definition “medical document” in subsection 1(1),
    • (ii) paragraph 128(1)(b), and
    • (iii) a provision referred to in paragraph (b); and
  • (b) a provision that is referred to in column 1 of the table to this section is to be read as set out in column 2.

TABLE

Item

Column 1
Provision

Column 2
Modified text

1.

paragraph 5(a)

  • (a) in the case of dried marihuana obtained from a licensed producer in accordance with a medical declaration, 30 times the daily amount specified in the medical declaration;

2.

subparagraph 67(a)(ii)

  • (ii) the name of the medical practitioner who made the client’s medical declaration,

3.

section 112

112. (1) A client’s registration expires at the earlier of

  • (a) the day that is one year after the day on which the medical declaration supporting the registration was signed by the medical practitioner, and
  • (b) if applicable, the day on which the period of usage specified in the medical declaration expires.

(2) For the purpose of paragraph (1)(b), the period of usage begins on the day on which the medical declaration was signed by the medical practitioner.

4.

paragraphs 113(d) to (f)

  • (d) more than one year has elapsed since the day on which the medical declaration submitted with the application was signed by the medical practitioner;
  • (d.1) if applicable, the period of usage specified in the medical declaration has expired, with that period being deemed to have commenced on the day on which the medical declaration was signed by the medical practitioner;
  • (e) the name or date of birth of the applicant is different from the name or date of birth that appears on the medical declaration;
  • (f) the medical practitioner who made the medical declaration informs the licensed producer in writing that the use of dried marihuana by the applicant is no longer supported for clinical reasons; or

5.

subsection 124(1)

(1) A licensed producer must not sell or provide to a client or an individual who is responsible for the client in any 30-day period a total quantity of dried marihuana that exceeds 30 times the daily amount specified in the medical declaration supporting the client’s registration.

Sale or Provision of Marihuana to Licensed Producer

Applicable period

260. Sections 261 to 266 apply until March 31, 2014.

Sale or Provision by Holder of a Personal-use Production Licence

Authorized sale

261. The holder of a personal-use production licence may sell or provide marihuana plants or seeds to a licensed producer if the holder does so in accordance with a notice of authorization issued by the Minister under subsection 263(2).

Application for authorization

262. (1) The holder of a personal-use production licence who proposes to sell or provide marihuana plants or seeds to a licensed producer must submit to the Minister an application for authorization of the proposed sale or provision that contains the following information:

  • (a) in respect of the holder of the personal-use production licence:
    • (i) their name and date of birth,
    • (ii) the number of their licence,
    • (iii) the address of the place where they ordinarily reside, and
    • (iv) the address of the site where the production of marihuana is authorized;
  • (b) in respect of the licensed producer:
    • (i) their name,
    • (ii) the number of their licence,
    • (iii) the address of their site, and
    • (iv) the name of their senior person in charge; and
  • (c) a description of the marihuana plants or seeds that are to be sold or provided and their quantity.

Signature

(2) The application must be signed and dated by the holder of the personal-use production licence and by the licensed producer’s senior person in charge and include a statement by each of them indicating that all of the information submitted in support of the application is correct and complete to the best of that person’s knowledge.

Verification by Minister

263. (1) The Minister must, after examining the application and information required under section 262, verify if the following conditions are met:

  • (a) the personal-use production licence and the licensed producer’s licence are valid; and
  • (b) the number of marihuana plants to be sold or provided, if any, does not exceed the maximum number of plants specified in the personal-use production licence.

Notice of authorization

(2) If the conditions are met, the Minister must send to both parties a notice of authorization of the proposed sale or provision that

  • (a) specifies the names of the parties, the type of licence held by each party and the licence numbers;
  • (b) describes the marihuana plants or seeds that are to be sold or provided and their quantity;
  • (c) specifies that the notice is valid only for the sale or provision in respect of which it is issued;
  • (d) specifies that the notice is valid only if the licences referred to paragraph (1)(a) are valid at the time of the sale or provision; and
  • (e) specifies that the sale or provision must be completed not later than 30 days after the date of the notice.

Notice of refusal

(3) If the conditions are not met, the Minister must send to each of the parties a notice of refusal of the proposed sale or provision that sets out the reasons for the refusal.

Opportunity to be heard

(4) The parties may, within 10 days after the receipt of a notice of refusal, provide the Minister with reasons why the refusal is unfounded.

Sale or Provision by Holder of a Designated-person Production Licence

Authorized sale

264. The holder of a designated-person production licence may sell or provide marihuana plants or seeds to a licensed producer if the holder does so in accordance with a notice of authorization issued by the Minister under subsection 266(2).

Application for authorization

265. (1) The holder of a designated-person production licence who proposes to sell or provide marihuana plants or seeds to a licensed producer must submit to the Minister an application for authorization of the proposed sale or provision that contains the following information:

  • (a) in respect of the holder of the designated-person production licence:
    • (i) their name and date of birth,
    • (ii) the number of their licence,
    • (iii) the address of the place where they ordinarily reside, and
    • (iv) the address of the site where the production of marihuana is authorized;
  • (b) in respect of the holder of the authorization to possess on the basis of which the designated-person production licence was issued:
    • (i) their name and date of birth,
    • (ii) the number of their authorization,
    • (iii) the address of the place where they ordinarily reside, and
    • (iv) an indication that they consent to the proposed sale or provision;
  • (c) in regard to the licensed producer:
    • (i) their name,
    • (ii) the number of their licence,
    • (iii) the address of their site, and
    • (iv) the name of their senior person in charge; and
  • (d) a description of the marihuana plants or seeds that are to be sold or provided and their quantity.

Signature

(2) The application must be signed and dated by the holder of the designated-person production licence, the holder of the authorization to possess and the licensed producer’s senior person in charge and include a statement by each of them indicating that all of the information submitted in support of the application is correct and complete to the best of that person’s knowledge.

Separate applications

(3) If a person is the holder of more than one designated-person production licence and proposes to sell or provide marihuana plants or seeds produced under each of those licences, a separate application must be submitted in respect of each licence.

Verification by Minister

266. (1) The Minister must, after examining the application and information required under section 265, verify if the following conditions are met:

  • (a) the designated-person production licence, the authorization to possess and the licensed producer’s licence are valid;
  • (b) the designated-person production licence was issued on the basis of the authorization to possess;
  • (c) the holder of the authorization to possess has signed the application; and
  • (d) the number of marihuana plants to be sold or provided, if any, does not exceed the maximum number of plants specified in the designated-person production licence.

Notice of authorization

(2) If the conditions are met, the Minister must send to the holder of the designated-person production licence, the holder of the authorization to possess and the licensed producer a notice of authorization of the proposed sale or provision that

  • (a) specifies the names of those persons, the type of licence or authorization held by each person and the numbers of the licences and the authorization;
  • (b) describes the marihuana plants or seeds that are to be sold or provided and their quantity;
  • (c) specifies that the notice is valid only for the sale or provision in respect of which it is issued;
  • (d) specifies that the notice is valid only if the licences referred to paragraph (1)(a) are valid at the time of the sale or provision; and
  • (e) specifies that the sale or provision must be completed not later than 30 days after the date of the notice.

Notice of refusal

(3) If the conditions are not met, the Minister must send to each of the persons referred to in subsection (2) a notice of refusal of the proposed sale or provision that sets out the reasons for the refusal.

Opportunity to be heard

(4) The recipients of a notice of refusal may, within 10 days after the receipt of the notice, provide the Minister with reasons why the refusal is unfounded.

REPEAL

267. The Marihuana Medical Access Regulations (see footnote 4) are repealed.

COMING INTO FORCE

Registration

268. (1) Subject to subsections (2) to (4), these Regulations come into force on the day on which they are registered.

October 1, 2013

(2) Section 244 comes into force on October 1, 2013.

March 31, 2014

(3) Subsections 203(2), 217(2), 221(3) and 222(3) and section 267 come into force on March 31, 2014.

March 31, 2015

(4) Subsections 221(4) and 222(4) come into force on March 31, 2015.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the regulations.)

Executive summary

Issues: In 2001, the Marihuana Medical Access Regulations (MMAR) were promulgated. The MMAR set out a scheme for Canadians to access marihuana for medical purposes, if they have the support of a medical practitioner.

Over the years, stakeholders expressed various concerns about the Marihuana Medical Access Program (the Program or MMAP). Program participants generally disliked the application process, and the fact that only a single strain of marihuana was available for purchase from Health Canada. Other stakeholders expressed health, safety, and security concerns relating to the production of marihuana by individuals in homes and communities. Their specific concerns related to the potential for diversion of marihuana to the illicit market due to limited security requirements, the risk of violent home invasion by criminals attempting to steal marihuana, fire hazards due to faulty or overloaded electricity installation to accommodate high intensity lighting for its cultivation, and humidity and poor air quality. Individual producers who were ill may have been more vulnerable to health risks associated with mould. As more individuals received licences to produce marihuana for medical purposes, the overall risk to Canadians increased.

Rapid growth in the number of authorized users also had significant implications for the administration of the Program, leading sometimes to long application processing times and higher Program administration costs for Health Canada. Finally, over the years, Canadian courts found various parts of the MMAR to be invalid, resulting in changes that affected program delivery.

Description: The Marihuana for Medical Purposes Regulations (MMPR, or the Regulations) will treat dried marihuana as much as possible like other narcotics used for medical purposes by creating a licensing scheme for the commercial production and distribution of dried marihuana for medical purposes. The MMPR will modify the New Classes of Practitioner Regulations (NCPR) and the Narcotic Control Regulations (NCR) and eventually repeal the MMAR. At the same time, changes to the Marihuana Exemption (Food and Drugs Act) Regulations (MER) will also be made. Health Canada will no longer issue authorizations to possess marihuana for medical purposes to individuals. This is expected to make accessing marihuana for medical purposes more efficient for individuals. It will also give them more options with respect to obtaining the support of an authorized health care practitioner, more choices of strains and suppliers, and provide increased access to quality-controlled marihuana. This, as well as ending Health Canada’s role in the production and supply of marihuana, will also reduce the cost of running the Program.

Following a transition period, individuals will no longer be licensed to produce marihuana, an activity which often occurs in homes. This will address the public health, safety and security concerns raised by stakeholders.

The MMPR will authorize three key activities: the possession of dried marihuana for medical purposes by individuals who have the support of an authorized health care practitioner; the production of dried marihuana by licensed producers; and the sale and distribution of dried marihuana by licensed producers and hospitals to individuals who can possess it. Licensed producers will be subject to regulatory requirements related to security; good production practices; packaging, labelling and shipping; record keeping and reporting; and distribution. They will also be subject to Health Canada inspections.

Upon coming into force, the MMPR will allow the holder of an authorization to possess or an individual who had obtained a medical declaration from their medical practitioner under the MMAR to obtain their supply of marihuana from a licensed producer by registering as a client with that producer. The MMAR will be repealed on March 31, 2014. All authorizations and licences issued under the MMAR will no longer be valid after this date. However, individuals will be able to use their expired authorizations to possess to register as a client with a licensed producer for up to one year after their date of issue, unless a period of usage of less than 12 months had been indicated in the medical declaration. No new Personal Use Production Licences (PUPLs) and Designated-Person Production Licences (DPPLs) will be issued if the application is submitted after September 30, 2013. Similarly, existing PUPL and DPPL holders will not be able to apply to change the location of their production site or to increase the daily amount as of this date.

Cost-benefit statement: The main economic cost associated with the MMPR will arise from the loss to consumers who may have to pay a higher price for dried marihuana. The analysis assumes a price increase from an estimated $1.80/g to $5.00/g in the status quo to about $7.60/g in 2014, rising to about $8.80/g, with a corresponding average annualized loss to consumers (in consumer surplus terms) due to higher prices of approximately –$166.1M per year for 10 years. The major benefits of the MMPR are projected to include reduction in safety and security risks posed by marihuana cultivation in homes, reduction in Program administrative costs, and benefit to producers due to a higher market price and a reduction in economic inefficiency from the removal of government subsidies on marihuana sold by Health Canada. On average, the estimated total annualized benefit is $149.8M per year. Consequently, the quantitative analysis indicated an overall discounted net loss of –$109.7M for the first 10 years of the MMPR (2014 to 2024) or, an annualized average value of approximately –$16.35M a year.

Given the unique nature of the Regulations and the need to make assumptions about some aspects of what, until now, has been an illicit market with the exception of the supply produced under licences to produce, and under contract with Health Canada, the quantitative analysis was supplemented by a comprehensive qualitative evaluation of potential benefits which could not be quantified or monetized. These were considered highly contingent on a number of economic, social and regulatory factors which have been factored into the Program evaluation, but which may not emerge until near the end of, or after, the 10-year projection period for the quantified cost-benefit analysis (CBA).The qualitative analysis, however, showed that these benefits are likely to be significant. Further details can be found in the “Non-quantified benefits” section of this document.

“One-for-One” Rule: Canadian courts have determined that, under the Canadian Charter of Rights and Freedoms, individuals who have demonstrated a medical need for marihuana have a right to reasonable access to a legal source of marihuana for medical purposes. At the same time, marihuana is a controlled substance for which there is considerable risk of diversion to the illicit market. Thus, there is a need to ensure that sites which produce marihuana for medical purposes are secure and have secure distribution methods. Hence, while it is recognized that the MMPR will impose administrative burden on business, it is also recognized that the unique and exceptional circumstances, in combination with the findings of Canadian courts that individuals who need marihuana for medical purposes have a right to reasonable access to a legal source of marihuana under the Charter, merit an exemption from the “One-for-One” Rule. Health Canada will not be required to offset the burden associated with this proposal with an equivalent reduction in administrative burden.

Domestic and international coordination and cooperation: The MMPR is consistent with Canada’s international trade obligations, as well as its commitment to maintain control over the production and distribution of marihuana, as required by international conventions on the control of narcotic drugs and psychotropic substances. In addition, Health Canada notified the United States Drug Enforcement Administration that a new program was under consideration in which individuals would no longer be licensed to produce their own marihuana and licensed producers would be the only legal source of marihuana supply. Federally, the MMPR establish new requirements that are consistent with Health Canada’s responsibility to regulate activities with controlled substances. The Regulations take provincial/territorial jurisdiction into consideration, particularly concerning issues such as establishing requirements for local businesses and the delivery of health services.

Performance measurement and evaluation: An evaluation of the MMPR will occur five years after implementation and every five years thereafter. The evaluation will assess the achievement of outcomes of the MMPR along with those of any administrative and program support systems put in place.

Background

Marihuana for medical purposes is regulated under both the Controlled Drugs and Substances Act (CDSA) and the Food and Drugs Act (FDA). The CDSA and its regulations provide a legislative framework for the control of substances that can alter mental processes and that may produce harm to the health of an individual and to society when diverted or misused. The legislative framework prohibits the possession, trafficking, production, importation and exportation of controlled substances except where authorized, such as under regulations.

The FDA and its regulations provide a framework to regulate the safety, efficacy and quality of drugs. The Food and Drug Regulations (FDR) set out a framework for the authorization of drugs for sale in Canada. Drug manufacturers submit evidence on the efficacy dosage, route of administration, contraindications, side effects, and quality of a drug. If Health Canada reviewers conclude that the overall benefits of the drug outweigh its risks, the product will be authorized for sale in Canada.

There are a number of products containing cannabis which have been authorized for sale under the FDR in Canada. These include

  • Sativex®, a buccal spray containing extracts of cannabis with standardized concentrations of delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD). It is authorized to treat certain symptoms associated with multiple sclerosis. It is also conditionally authorized for pain relief in adults with advanced cancer;
  • Marinol®, a capsule containing synthetic THC. It was authorized for the treatment of AIDS-related anorexia, and nausea and vomiting due to cancer chemotherapy, but was discontinued in Canada; and
  • Cesamet®, a capsule containing nabilone, a synthetic cannabinoid. It is authorized for the management of nausea and vomiting associated with cancer therapy.

In all of these cases, the manufacturers were required to meet the requirements of the FDA and its regulations in order to sell these products in Canada.

To date, scientific studies do not demonstrate conclusively that dried marihuana is safe and effective for medical use. Most scientific studies to date focus on chemicals sourced from marihuana, not dried marihuana itself. Consequently, dried marihuana has not been authorized as a therapeutic product in Canada or in any other country. However, Canadian courts have found that individuals who need marihuana for medical purposes have a right to reasonable access to a legal source of marihuana. Therefore, production of dried marihuana in the past was exempted from application of the FDA and its regulations with the exception of marihuana sold or imported to be used for the purpose of a clinical trial.

Canadians have been able to access dried marihuana for medical purposes since 1999, when the Marihuana Medical Access Program (the Program) was first established. At the time, individuals were authorized to possess dried marihuana and/or produce a limited number of marihuana plants for medical purposes via the issuance of an exemption under section 56 of the CDSA.

In 2000, the Ontario Court of Appeal (R. v. Parker) held that the prohibition on the possession of marihuana violated the right to liberty and security of a person under the Charter, because Mr. Parker could not find a practically available legal route to possess dried marihuana for medical purposes. In response, the MMAR were established in 2001 and set out a scheme by which seriously ill Canadians could, with the support of a medical practitioner, obtain an authorization to possess dried marihuana for their own personal medical use. Under the MMAR, authorized persons had three options to obtain a supply of dried marihuana:

  • They could produce their own supply under a Personal Use Production Licence (PUPL);
  • They could designate an individual to produce it on their behalf under a Designated Person Production Licence (DPPL); or
  • They could purchase dried marihuana from Health Canada, which contracts a private company — Prairie Plant Systems Inc. (PPS) — to produce and distribute marihuana for the Program. (see footnote 5)

The supply and distribution scheme established by the MMAR was amended several times. In some cases, this was the result of concerns expressed by stakeholders; in others, it was to address Court decisions that invalidated sections of the Regulations, which were found to hinder access.

In 2003, the Ontario Court of Appeal (Hitzig v. Canada) held that the MMAR were constitutionally defective because they did not provide for reasonable access to a legal source of supply of marihuana for medical purposes. The Court invalidated five provisions of the MMAR that it found constituted barriers to eligibility and supply but acknowledged that the Government could choose to adopt a fundamentally different approach. The MMAR were amended to give national effect to certain elements of the Court’s remedy, and also to implement an option for authorized persons to obtain access to a legal supply of dried marihuana and marihuana seeds. However, the requirements for a medical document and for a daily limit fixed by a medical practitioner were found to be reasonable by the Court.

In 2005, based on a broader review of the MMAR and on input received from stakeholders during a comprehensive consultation process, Health Canada proceeded with a second phase of amendments to the MMAR. The primary objective of the amendments was to streamline the regulatory requirements associated with applying for an authorization to possess. Both the applicant’s declaration and the medical declaration were therefore simplified. The MMAR were also amended to provide limited authority for pharmacists to supply marihuana to authorized persons. These amendments were intended to maintain an appropriate balance between providing seriously ill persons with reasonable access to a legal source of marihuana for medical purposes and the need to regulate it.

In 2009, the MMAR were amended to raise the limit on the number of production licences a designated person could hold from one to two. This followed a 2008 Federal Court of Appeal decision (Sfetkopoulous v. Canada) to uphold the Federal Court’s declaration that the one producer to one user ratio set out in the MMAR unjustifiably limited the ability of authorized persons to access marihuana for medical purposes. The Federal Court was of the view that licensed producers having larger operations could make economies of scale and a level of income that would allow them to put in place quality control and security measures. The Court also observed that with fewer producers having larger operations, a system of inspection would be much easier to sustain than the system of one consumer to one producer. The amendment was an interim measure intended to address the Court’s decision while the Program and the MMAR were being reassessed.

In 2010, Health Canada amended the MMAR to address the 2009 British Columbia Supreme Court decision (R. v. Beren) that struck down the one producer to one user ratio as well as the limit of three producers per location. The Court adopted the reasoning in Sfetkopoulos and was of the view that licensed producers having larger operations could provide an adequate supply, carry out research on the efficacy of varying strains of marihuana and make economies of scale. The Government had already addressed the producer to user ratio issue by raising the limit on the number of production licences a designated person can hold from one to two. This regulatory initiative introduced a new limit of four to the number of production licences that could be issued with reference to the same production site. In other respects, the Court ruled that the MMAR requirement for the support of a physician was justified.

The Court decisions leading to the 2009 and 2010 amendments support Health Canada’s position that dried marihuana for medical purposes should be produced and distributed as much as possible like other narcotics used for medical purposes.

Issue

Growth in Program participation has had unintended consequences for the administration of the MMAR, but more importantly, for public health, safety and security as a result of authorizing individuals to produce marihuana for medical purposes under PUPLs and DPPLs in private dwellings.

In 2002, 477 individuals were authorized to possess marihuana for medical purposes. As of April 16, 2013, this had grown to 29 888 individuals. If the Program continues to grow at this pace, it is estimated that by 2014, over 50 000 individuals will be authorized to possess marihuana for medical purposes.

One result of increased participation in the Program is increased application volume for Health Canada. This results in increased staffing costs, but more importantly, it results in a 10-week service standard for processing applications. Many Program participants have expressed concerns regarding the length of time it takes to obtain an authorization to possess.

Of the 29 888 Program participants on April 16, 2013, 12% access Health Canada’s supply of dried marihuana, 67% produce under a PUPL, and 16% produce under a DPPL. The remaining 5% indicate in their application that they will buy from Health Canada, but ultimately do not. Health Canada does not have access to information regarding where these Program participants obtain their supply of marihuana for medical purposes.

Increases in the number of licences, as well as the co-location of up to four licences on one site, can result in large quantities of marihuana being produced in homes and communities. In addition, the average daily amount (i.e. “dosage”) has continually increased since 2002 to almost 10 g per day now which, if produced indoors, is approximately 49 plants. Under the MMAR, the number of plants that may be produced under a licence to produce is calculated based on the daily amount agreed upon by the medical practitioner and the applicant. Program participants who either produce their own or have designated producers are the group where the daily amount has increased the most. There are now approximately 70% who produce 25 plants or more.

Municipalities and first responders, such as fire and police officials, have raised serious public health and safety concerns regarding production of marihuana in private dwellings. Under the Program, applicants are not required to disclose their intent to produce to local authorities. Production sites, most often in private dwellings that are not constructed for large-scale horticultural production, are often in locations unknown by local authorities. Production activities are also linked to the presence of excess moisture in homes creating a risk of mould (particularly associated with drying of marihuana); electrical hazards creating a risk of fire; and exposure to toxic chemicals like pesticides and fertilizers creating risk to residents, including children. Such issues may not only have an impact on individual producers, but also potentially on those living at the same address, adjacent residential units, and/or in the surrounding community, who may not even suspect the existence of these risks. Because the MMAR were never intended to permit larger-scale marihuana production, they do not adequately address these public health, safety and security concerns. There are practical difficulties in imposing stringent quality and safety standards on production operation by producers of marihuana for medical purposes that may lack the capacity to implement them.

Police have also raised concerns that residential production activities leave the Program vulnerable to abuse, including criminal involvement and diversion to the illicit market, particularly given the attractive street value of marihuana ($10–$15/gram for dried marihuana). It is impossible to conduct effective inspection of the numerous production sites across the country, particularly given the legal requirement to obtain either permission or a warrant to enter a private dwelling. Finally, production in homes may leave residents and their neighbours vulnerable to violent home invasion by criminals who become aware that valuable marihuana plants are being produced and stored in the home.

Another implication of Program growth is an increase to the cost of producing and distributing dried marihuana for Health Canada. The existing supply contract has a value of $16.8 million (excluding GST) for a three-year period, ending on March 31, 2013. An additional option year has been built into the contract, and has been exercised. It is estimated that this additional year will cost Health Canada $9.7 million. These high contract costs are despite the fact that only a minority of Program participants indicate this supply option in their application. Health Canada heavily subsidizes the cost of marihuana for medical purposes by covering the shipping costs and charging only $5/gram, an amount substantially below the cost of production and distribution. The Government collected approximately $1,686,600 in revenue from sales of dried marihuana and seeds in the 2011–2012 fiscal year.

Objectives

The objective of the MMPR is to reduce the risks to public health, security and safety of Canadians, while significantly improving the way in which individuals access marihuana for medical purposes.

To reduce the risks to public health, security and safety of Canadians, a new supply and distribution system for dried marihuana that relies on commercial production of marihuana for medical purposes will be established. Security requirements will be in place for the production site and key personnel of the licensed producer. Standards for packaging, transportation and record keeping will contribute to achieving security objectives.

The process for individuals to access marihuana for medical purposes will no longer require applying to Health Canada. Individuals will be able to obtain marihuana, of any strain commercially available, with information similar to a prescription from an authorized health care practitioner (a physician or, potentially, a nurse practitioner, where supporting access to marihuana for medical purposes is included under their scope of practice or in legislation). Quality and sanitation standards appropriate for a product for medical use will be in place. In line with other controlled substances, personal and designated production will be phased out. This will reduce the health and safety risks to individuals and to the public while allowing for a quality-controlled and more secure product for medical use.

Health Canada will no longer receive and process applications or issue authorizations and licences for personal production, nor continue to produce and supply marihuana for medical purposes. Health Canada will not enter into future contractual arrangements for the production and distribution of marihuana for medical purposes. The new regulatory scheme returns Health Canada to its traditional role of regulator rather than producer and service provider, while striking a better balance between access and risks to public health and safety.

Description

The Marihuana for Medical Purposes Regulations will authorize the following key activities:

  • the possession of dried marihuana by individuals who have the support of an authorized health care practitioner to use marihuana for medical purposes;
  • the production of dried marihuana by licensed producers only; and
  • the sale and distribution of dried marihuana by licensed producers and hospitals to individuals who can possess it.

The MMPR will also allow individuals who hold an authorization to possess under the MMAR to transition to the new framework using their authorization for up to one year after its date of issue (unless a period of usage of less than 12 months has been indicated in the medical declaration). Individuals could also transition using a medical declaration issued under the MMAR.

Licences to produce issued under the MMAR will be phased out, while renewals will continue normally. New licences to produce will not be issued if the application is submitted after September 30, 2013, because there will not be enough time to produce a crop before the repeal of the MMAR on March 31, 2014. Applications to amend a licence for a site change or increase the daily amount will not be issued if the application is submitted after September 30, 2013, for the same reason (see “Implementation, enforcement and service standards”). All personal production licences (i.e. PUPL and DPPL) will end on March 31, 2014.

1. Possession of dried marihuana by individuals who have the support of an authorized health care practitioner
Possession of dried marihuana

Individuals will no longer have to apply to Health Canada for an authorization to possess dried marihuana for medical purposes. Instead, individuals who require marihuana for medical purposes will be able to legally possess dried marihuana if it was obtained under the MMPR from a licensed producer with a supporting medical document from an authorized health care practitioner. Similarly, an individual responsible for a person who requires marihuana for medical purposes will be able to legally possess dried marihuana under these circumstances. Individuals will be authorized to possess the lesser of 150 g or 30 times the daily quantity stipulated by the authorized health care practitioner.

Under the MMPR, individuals will be able to demonstrate that they are in legal possession of dried marihuana by showing a law enforcement official a client-specific label affixed to the product, or an accompanying client-specific document, as well as an appropriate piece of photo identification (see “Packaging and labelling”). Licensed producers will also be required to confirm to a member of a Canadian police force, in the context of an investigation, whether a named individual is a registered client or an individual responsible for a registered client.

Obtaining a supply of dried marihuana

To obtain dried marihuana for medical purposes, an individual will see an authorized health care practitioner and obtain a medical document, requirements for which are specified in the MMPR, signifying the health care practitioner’s support for their access to marihuana and indicating, among other things, the supported daily quantity in grams. Individuals can then send the original medical document to a licensed producer of their choice. A medical document will allow an individual to register with a licensed producer for the period of use indicated by the authorized health care practitioner, but for no more than one year. After registering as a client, individuals will be able to order dried marihuana from the licensed producer. However, licensed producers will not be allowed to sell or provide more than 30 times the daily amount in any 30-day period, taking into consideration the expected length of time for the shipment to reach the registered client, nor will they be able to ship more than 150 g at a time. Health Canada will publish the name and contact information of each licensed producer on its Web site to help individuals select a supplier. If an individual wishes to purchase a variety of strains that are not all available from one licensed producer, the MMPR will permit the individual to do so by obtaining a new medical document. They will have to discuss this with their health care practitioner. The health care practitioner will have to divide the daily quantity between multiple medical documents.

A registration will not be transferable from one licensed producer to another. If an individual wants to change licensed producers, they will be required to obtain a new original medical document which they will use to register with another licensed producer. This is consistent with practices for prescription narcotics, as these are not transferable from pharmacy to pharmacy. The CDSA requires individuals seeking or obtaining an authorization to obtain a controlled substance from a practitioner to disclose to the practitioner the particulars of any controlled substance they obtained or any authorization to obtain any controlled substance that they received in the 30 previous days.

Authorized health care practitioners

Health Canada maintains that the determination as to whether the use of dried marihuana for medical purposes is appropriate for a particular individual is best made through a discussion with their authorized health care practitioner. The MMPR will include a new definition of authorized health care practitioner that includes physicians in all provinces and territories (P/Ts), and will also include nurse practitioners in P/Ts where supporting access to marihuana for medical purposes is included under their scope of practice or in legislation. This is consistent with Health Canada’s approach to other controlled drugs and substances used for medical purposes in the New Classes of Practitioners Regulations (NCPR).

In the NCPR, marihuana is listed as a substance that nurse practitioners are not able to prescribe; however, following consideration of feedback received during stakeholder consultations, the MMPR amend the NCPR to remove this exclusion.

This role will not be expanded beyond nurse practitioners. Nurse practitioners are regulated professionals in all provinces and territories. With the exception of Yukon, they are authorized to autonomously diagnose and treat health conditions and prescribe medications. This is because they have gained additional competencies through training and education, as well as substantial clinical experience. In most jurisdictions, they have also been deemed to have the competencies required to prescribe medications that contain controlled substances.

The MMPR do not include categories of symptoms and conditions, and there will no longer be a requirement for some individuals to obtain the support of a specialist in addition to that of their primary care physician in order to access marihuana for medical purposes. An individual who needs to access dried marihuana for medical purposes could obtain a medical document from an authorized health care practitioner. The medical document will contain similar information to that on a prescription. Specifically, the authorized health care practitioner will have to indicate their licence information, the location of the medical assessment, the name and date of birth of their patient, a period of use of up to one year, and a daily quantity of marihuana in grams.

The ability of authorized health care practitioners to sell or provide marihuana for medical purposes to patients under their care has been removed from the MMPR, following publication of the proposed Regulations in the Canada Gazette, Part I (i.e. prepublication). Health care practitioners, medical associations, professional regulatory bodies and others submitted strong objections during the comment period concerning the potential for conflict of interest affecting physicians and nurse practitioners who may have been in the position to both prescribe and also sell dried marihuana (see section on consultation). In response to such comments, Health Canada made the decision to remove the authority for health care practitioners to sell or provide dried marihuana to patients under their care from the Regulations. This has been replaced with the authority for health care practitioners to “transfer” (that is, provide dried marihuana without consideration) to a person under their professional care or to an individual who is responsible for that person. The authority to “transfer” does not permit an authorized health care practitioner to provide dried marihuana in exchange for something of value from an individual. In their role as health care providers and first point of contact for patients, authorized health care practitioners support access by signing the medical documents with which an individual may obtain dried marihuana under the MMPR. In a hospital setting, a health care practitioner may administer or transfer dried marihuana to a patient as permitted by the person in charge of the hospital and as authorized under the NCR.

These revisions address some significant concerns expressed by stakeholders. However, it is not expected to adversely affect an individual’s access to marihuana for medical purposes from licensed producers.

Under the MMAR, physicians who sign medical declarations must sign a statement indicating they are aware that no notice of compliance has been issued under the FDR relating to the safety or efficacy of dried marihuana, as well as a statement indicating that conventional treatments have been tried or considered and are ineffective or medically inappropriate. The MMPR will not require authorized health care practitioners to make specific declarations with respect to the use of marihuana for medical purposes, the effectiveness or appropriateness of other therapies, or the regulatory status of marihuana. This is expected to reduce the complexity of the physician’s role in access to marihuana for medical purposes.

Authorized health care practitioners may wish to receive more comprehensive information about the potential risks and benefits of using marihuana for medical purposes in order to guide them in their discussions with their patients. Health Canada has established an expert advisory committee to assist in providing comprehensive scientific information about the uses of marihuana to authorized health care practitioners.

2. Production of dried marihuana by licensed producers

The MMPR set out a licensing scheme that is intended to allow for larger-scale production, comparable to that for other narcotics used for medical purposes. This will permit commercial production while regulating the quality and security of dried marihuana, thus reducing public health, safety and security risks.

Production sites will only be located indoors, and not in a private dwelling. This will reduce the risks of diversion posed by outdoor production and the health and safety risks associated with producing marihuana in a private dwelling. Indoor production also addresses the risk of cross-contamination with other nearby crops, particularly industrial hemp.

Licensing

Either an individual or a corporation will be eligible to become a licensed producer. In their application, applicants will have to describe the activities they wish to conduct with marihuana and the purpose for conducting those activities. Licensed producers could also become licensed to conduct certain activities with standardized samples of chemicals that occur naturally in the marihuana plant in order to conduct analytical testing of dried marihuana. For example, they will need to possess pure samples of THC and cannabidiol in order to determine the percentage of THC and cannabidiol in marihuana. In the MMPR, and in this document, cannabis is an inclusive term that is used to capture all of the substances in the scope of the MMPR (e.g. substances such as THC and cannabidiol, as well as marihuana). (see footnote 6)

A number of conditions will have to be met before the issuance of a licence. The licensed producer will have to designate key personnel under their licence. The senior person in charge will have overall responsibility for management of the activities carried out at the licensed site, while the responsible person in charge (RPIC), and alternate RPICs if applicable, will supervise all activities being carried out with marihuana and cannabis other than marihuana (i.e. pure samples of THC and cannabidiol). Key personnel, along with directors and officers in the case of a corporation, will have to hold a valid security clearance, issued by the Minister of Health (see “Security” section for further details).

The applicant for a production licence would also have to provide a written notification of their application to the local police force, local fire authority and local government. The notice will have to specify the activities for which the licence will be sought, and the address of the site at which activities would be conducted. In response to comments received during prepublication, the MMPR have been revised to include a requirement for licensed producers to also communicate with local authorities when there is a change in the status of their licence. A provision has been added to the revised Regulations to require a licensed producer to notify the same authorities previously notified, when the licence is granted, an amendment is approved, the licence is suspended or revoked for any reason, or when the licence is reinstated. Further, the revised Regulations allow the Minister of Health to confirm licence information to the authorities originally notified by an applicant upon receipt of such a request.

The applicant will have to provide information that allows Health Canada to assess whether the applicant has certain key measures in place. The applicant will have to provide the following:

  • a detailed description of the physical security measures that will be put in place at the site;
  • a detailed description of how the licensed producer will keep records of their activities with marihuana and cannabis other than marihuana;
  • a quality assurance report that shows that the buildings, equipment and proposed sanitation program to be used meet the good production practices (see “Good production practices” section) requirements;
  • a copy of the notices provided to the local police force, local fire authority, and local government;
  • the maximum quantity of dried marihuana to be produced and sold or provided under licence (if applicable); and
  • floor plans of the site.

The MMPR also outline a number of reasons for which the Minister of Health (the Minister) will be required to refuse to issue, renew or amend a licence. These include

  • grounds to believe that false or misleading information has been provided with the application;
  • information received from a peace officer or other authority that gives the Minister reasonable grounds to believe that the applicant has been involved in diversion of a controlled substance;
  • the issuance or continuation of the licence will likely create a risk to public health, safety or security, including diversion; and
  • key personnel do not hold a valid security clearance.

Once issued, a licence will be valid for up to three years, and could be renewed. The MMPR also set out a process for amendments to any information on the licence (e.g. the licensed producer wishes to increase its production yield or change sites).

Obtaining starting materials

Licensed producers will be able to legally obtain their starting materials in several ways. With a specific authorization from Health Canada, they will be able to purchase marihuana seeds or marihuana plants from individuals who hold valid PUPLs and DPPLs, or they will be able to import marihuana with the appropriate permits (see “Import and export”). They could also purchase Crown stock seeds from Health Canada. Finally, the MMPR will permit licensed producers to obtain marihuana from one another or from a licensed dealer under the NCR.

Import and export

Licensed producers will be permitted to engage in the import or export of marihuana if they have obtained an import or export permit from Health Canada. The import/export permit scheme will be similar to that for other controlled substances and is intended to maintain control over the movement of controlled substances, consistent with Canada’s obligations under international conventions on the control of narcotic drugs and psychotropic substances.

Good production practices

The FDA will apply to marihuana produced under the MMPR and will prohibit licensed producers from selling dried marihuana that had been produced under unsanitary conditions or that had been adulterated.

Licensed producers will also be subject to good production practices (GPPs) outlined in the MMPR. These requirements will require cleanliness of the premises and equipment. The licensed producer will also be required to employ a quality assurance person with appropriate training, experience, and technical knowledge to approve the quality of dried marihuana prior to making it available for sale. Finally, licensed producers will have to test dried marihuana for microbial and chemical contaminants and ensure they are below generally accepted tolerance limits for herbal medicines for human consumption, as established in any publication referred to in Schedule B to the FDA (i.e. various pharmacopoeia and formularies). These requirements will provide individuals who require marihuana for medical purposes with access to a product that does not — by reason of the manner in which it was produced, packaged, labelled or stored — pose undue risk to the health of an individual.

To date, dried marihuana has not been subject to all requirements of the FDA and its Regulations. Therapeutic products, such as echinacea or acetaminophen used for medicinal purposes, are subject to manufacturing controls. In moving to treat marihuana as much as possible like other narcotics used for medical purposes and taking into consideration concerns about quality control and other aspects governed by the FDA, the FDA will apply to activities of licensed producers. The FDR will apply as set out in the new MER.

Packaging and labelling

Dried marihuana will have to be packaged in a tamper-evident and child-resistant container. The maximum package size will be 30 g. Each package will contain standard information about the product, including the weight in grams, the percentage by weight of delta-9-tetrahydrocannabinol (THC) and of cannabidiol, the packaging date, the expiry date if one has been established by stability testing, and a warning statement to “KEEP OUT OF REACH OF CHILDREN.”

The licensed producer will also have to affix a client-specific label, similar to a patient-specific prescription drug label, to the package of dried marihuana. This label will contain the names of the client and the authorized health care practitioner who provided the medical document, the daily quantity of dried marihuana and the end of the validity period as indicated on the medical document. The label will also include the shipping date and the anticipated date of delivery to the registered client. The licensed producer will have to produce a separate duplicate document of this label to send to clients. This duplicate document or the product label, as well as an appropriate piece of photo identification, could serve to demonstrate legal possession (see “Possession of dried marihuana” above).

Each package of dried marihuana sold to a client will also need to be accompanied by a copy of the most recent version of the Health Canada document entitled Information on the Use of Marihuana for Medical Purposes. This document indicates that the safety and efficacy of dried marihuana for medical purposes has not been established and provides a summary of the known information about the uses and risks of marihuana for medical purposes so that individuals could be informed about their treatment choice.

The FDA provisions will also apply to prohibit labelling, packaging or selling in a manner that is false, misleading or likely to create an erroneous impression about the character or safety of the drug. For example, unsubstantiated health claims cannot be put on product packaging. Advertising any narcotic to the general public is prohibited under the NCR, and this prohibition will continue to apply to dried marihuana. As with other narcotics, this is intended to prevent known and potential harms to the health of Canadians who are vulnerable with respect to advertising of prescription drugs because they do not have the level of expertise to make informed choices regarding their use. To help individuals select a supplier, Health Canada will publish the name and contact information of licensed producers on its Web site.

3. Direct sale and distribution of dried marihuana to individuals authorized to possess it

Individuals who require marihuana for medical purposes have different avenues to obtain it under the MMPR. Dried marihuana could be sold or provided directly to registered clients by the licensed producer through secure shipping only. It could also be sold or provided by hospitals, which could purchase it directly from licensed producers.

Distribution through licensed producers

The primary means of distribution of dried marihuana will be directly from the licensed producer to the registered client using secure shipping methods, as the MMPR do not allow for store-front or retail distribution centres. This is how PPS has distributed dried marihuana and marihuana seeds to Program participants since 2003. This method has proven to be secure and to adequately mitigate the risk of diversion.

Health Canada will not regulate the price of marihuana under the MMPR. It will be up to licensed producers to set the price.

Before selling dried marihuana to an individual, a licensed producer will have to register the individual as a client. In the process of registering a client, licensed producers will have to verify that the supporting authorized health care practitioner is entitled to practice their profession in the province in which they were consulted by the prospective client and that they have not been prohibited from prescribing narcotics. These tasks are similar to those conducted by a pharmacist when filling out a prescription. The licensed producer will also have to confirm with the office of the authorized health care practitioner that the information in the medical document, including the daily quantity, is correct and complete.

Shipping

Dried marihuana will have to be shipped directly to a registered client using a shipping service that includes a means of tracking the package during transit. It will have to be sent in only one shipment per order. Finally, dried marihuana will have to be securely packed and shipped in a container that will not allow the contents to be identified visually or by odour.

Dispensing dried marihuana through pharmacists

The MMAR enabled pharmacists to dispense marihuana that had been produced by a licensed dealer under contract with Her Majesty in right of Canada to the holder of an authorization to possess. This provision was added in 2005 when some provinces and territories expressed an interest in allowing pharmacists to undertake this activity. Dispensing of marihuana for medical purposes by pharmacists has never been done to date.

The ability of pharmacists to dispense marihuana for medical purposes has been removed from the MMPR, following prepublication. Pharmacists and pharmacists’ associations and professional licensing bodies, as well as provinces and territories, submitted comments expressing concerns with the dispensing of dried marihuana through pharmacies (see “Consultation” section). To address these concerns, Health Canada has revised the MMPR to remove the authority for pharmacists to dispense marihuana for medical purposes as long as their activities were also authorized under P/T legislation. Like other hospital employees, a pharmacist who is a hospital employee may order, administer or sell or provide dried marihuana to a patient at the hospital, if permitted by the person in charge of the hospital to do so, and as authorized under the NCR.

Other overarching requirements
Security

According to law enforcement officials, organized crime groups are involved in the trafficking of marihuana, and the profits derived from this activity allow them to support themselves and participate in the trade of other illicit commodities. The security measures required in the MMPR are therefore designed not only to ensure that licensed producers take steps to ensure the physical security of their site, but also to prevent infiltration by criminal groups who may wish to exploit the lawful production of marihuana for medical purposes for illicit purposes. In contrast, licences to produce issued under the MMAR did not carry any prescriptive physical security requirements; therefore, the associated production sites are more vulnerable to violent intrusions, theft and diversion.

Health Canada’s Directive on Physical Security Requirements for Controlled Substances establishes security requirements for the storage of all controlled substances. These requirements are scaled to the illicit market value of the controlled substance and to the crime rates in various areas. This directive will apply to the storage of cannabis other than marihuana plants, by licensed producers.

The MMPR also set out physical security requirements for the entire site, as well as for areas within a site where cannabis is present. These will include all areas where a licensed activity is conducted with marihuana and cannabis other than marihuana (i.e. a lab, the production room, the area where dried marihuana is packaged and labelled). Access to these areas will have to be restricted only to individuals whose presence is required because of their work responsibilities. Licensed producers will have to put systems in place to ensure that access is controlled at all times, as well as 24-7 visual monitoring systems to detect unlawful conduct. The restricted areas will also have to be secured by an intrusion detection system that will detect attempted or actual unauthorized access to the area. The same principles of visual monitoring and intrusion detection will apply to the perimeter of the entire site. Licensed producers will also have to ensure the site and its restricted areas include physical security barriers designed to prevent unauthorized entry. Personnel monitoring the security and surveillance systems of a licensed site must take action in response to a detected incident and record the details of the action(s) taken. Should an applicant for a licence fail to demonstrate that they have put in place appropriate physical security measures as outlined in the MMPR, the production licence will be refused.

The MMPR also include requirements that the holder of the production licence, directors and officers (in the case of a corporation) and all key personnel must hold enhanced security clearances prior to the issuance of a producer’s licence. To obtain an enhanced security clearance, these individuals will be required to submit an application with personal information and documents to Health Canada, so that checks and verifications of relevant files of law enforcement agencies could be conducted. As well as criminal record checks, these clearances will involve a global evaluation of the applicant’s potential associations with criminal or violent organizations, associations with individuals linked to such organizations, and the risk of whether the applicant might be induced to assist, abet or commit any act that will pose a risk to the control of the production and distribution of cannabis. Should the applicant not successfully obtain a security clearance, the production licence will be refused.

Information sharing

The MMPR include provisions that will require licensed producers to share information with appropriate authorities in certain circumstances. For example, as with the MMAR, law enforcement needs a way to verify whether a named individual is a registered client of the producer. If a member of a Canadian police force requires information in the course of an investigation, a licensed producer will be required to confirm as soon as practicable whether the individual is a registered client or an individual who is responsible for a registered client and the daily quantity of dried marihuana specified in the medical document.

Record keeping

As described under the MMPR, licensed producers will have to keep records of their activities with cannabis, including all transactions (sale, exportation, and importation), all dried marihuana returned from clients, and an inventory of cannabis (e.g. seeds, fresh harvested marihuana, dried marihuana and packaged marihuana). All records will have to be kept for a period of at least two years, in a format that will be easily auditable, and will have to be made available to Health Canada upon request.

In addition to the revisions to the MMPR following prepublication in the Canada Gazette, Part I, on December 15, 2012, described above, other changes have been made to clarify and/or refine the Regulations as well as to make minor corrections. Of more significance were the following:

  • Section 1 — Section 1 provides definitions for terms used elsewhere in the Regulations. The prepublished definition of “local governments” has been revised to include a band, as defined in subsection 2(1) of the Indian Act, and a band that is a party to a comprehensive self-government agreement given effect by an Act of Parliament. This was added to the definition for greater clarity with respect to the definition of local government.
  • Section 1 — Section 1 provides definitions for terms used elsewhere in the Regulations. The prepublished MMPR did not include a definition for “transfer” which has been defined, except in sections 118, 122 and 132, to mean “transfer, whether directly or indirectly, without consideration.” This definition has been added to clarify the authority for health care practitioners.
  • Section 12 — Section 12 describes permitted activities and general obligations for a licensed producer. This section has now been modified to allow a licensed producer to possess, produce, ship, deliver, transport and destroy cannabis, other than dried marihuana that is used for the determination of percentages of cannabinoids in dried marihuana.
  • Section 15 — Section 15 describes the storage of cannabis and dried marihuana. Subsection 15(2) has been changed to clarify “that the licensed producer must store cannabis, other than marihuana plants, in accordance with the Security Directive” as the Security Directive does not address storage with respect to plants.
  • Sections 38, 39 and 40 — Section 38 describes notification to local authorities when making an application for a producer’s licence to the Minister. Section 39 describes a notification to the same local authorities named under section 38 when a licence amendment is being sought. However, a similar provision was needed to address a change of licence status as a result of a review done by the Minister. A new provision has been added in which a licensed producer must notify the same authorities given the initial notification of intent to apply for a licence (in section 23) when the licence is granted, an amendment is approved by the Minister, the licence is suspended or revoked for any reason, or when the licence is reinstated. A copy of these notifications will need to be sent to the Minister within 30 days of the notification being made, according to section 40. The licensed producer will be required to maintain a record of such notifications for two years as per record-keeping requirements.
  • Division 3 — Division 3 outlines the general restricted areas and site security measures. The titles “Restricted Areas” and “Site” have been modified to refer to “Areas Within a Site where Cannabis is Present” and “Perimeter of Site” respectively. These changes are for clarification purposes only.
  • Section 43 — Section 43 sets out the requirements for visual monitoring of the site perimeter. To clarify the intent of this requirement, the section has been revised to indicate that visual monitoring must be accompanied by visual recording devices to detect attempted or actual unauthorized access. Furthermore, all visual monitoring devices must be able to visually capture and record attempts of actual unauthorized access. In accordance with record keeping requirements, these records must be kept for two years.
  • Section 44 and section 45 — Sections 44 and 45 set out the requirements for the site perimeter intrusion detection system and its monitoring. This section has been revised to include the new requirement that personnel must determine the appropriate steps to take in response and must record specified details of a detected occurrence.
  • Section 46 — Section 46 describes restricted access to areas where cannabis is present and the keeping of records of personnel accessing or vacating these areas. A new subsection has been added that requires the responsible person in charge (or the alternate) to be physically present while others are in areas where cannabis is present. This provision was added to clarify that key personnel must always be present to monitor areas where activities with cannabis are occurring.
  • Section 47 — Section 47 is a new section which has been added to require the presence of physical barriers that prevent unauthorized access to restricted areas. This change further clarifies what security measures will be considered acceptable under the Regulations.
  • Section 48 — Section 48 sets out the requirements for visual monitoring of areas within a site where cannabis is present. To clarify the intent of this requirement, this provision has been revised to specify that visual monitoring must be accompanied by visual recording devices to detect illicit conduct. Furthermore, all visual monitoring devices must be able to capture in a visible manner illicit conduct. In accordance with record keeping requirements, these records must be kept for two years.
  • Section 49 — Section 49 sets out the requirements for the restricted area’s intrusion detection system and its monitoring. Monitoring is moved into a new section addressing monitoring by personnel and recording of detected occurrences. The previous provision has been modified to clarify that personnel must determine the appropriate steps to take in response and record specified details of any detected occurrence. In accordance with record keeping requirements, these records must be kept for two years.
  • Section 50 — Section 50 describes the requirements for the filtration of exhaust air to prevent the escape of pollen and odours. This section has been revised to have the filtration of exhaust air for pollen, only if present. This change was made to recognize the possibility that pollen may not be present at a licensed site.
  • Section 63 — Section 63 describes the requirements for adverse reaction reporting as well as the accompanying summary report. In the prepublished version of the MMPR, Health Canada did not specify a retention period for these records. To align with record keeping requirements for adverse reactions for other health products, a retention period of 25 years has been added for records.
  • Section 64 — Section 64 sets out licensed producer requirements for the packaging of dried marihuana. In the prepublished version of the Regulations, the maximum quantity of dried marihuana allowed per package was 15 g. This quantity has been corrected to a maximum of 30 g of dried marihuana per package to be consistent with the maximum package size which was available for purchase from Health Canada under the MMAP.
  • Section 65 — Section 65 sets out the limits of variability with respect to the weight of dried marihuana in packages being sold to registered clients. The net weight variability of dried marihuana in a package has now been narrowed slightly from a range of 90% to 101% to 95% to 101%.
  • Deleted (section 99) — This section formerly set out the authority under which the Minister could receive information from law enforcement, peace officer and international organizations such as the International Narcotics Control Board and the United Nations. This provision was removed as unnecessary since the Minister already has the ability to receive such information from these entities.
  • Deleted (section 101) — This provision formerly described the authority for law enforcement to share information with the Minister with respect to security checks and verifications. This section was removed since the Minister already has the ability to receive information from law enforcement with respect to security clearances.
  • Section 115 — Section 115 outlines the requirements for amending a client’s registration. Additional authorities were added to allow individuals responsible for the client to make an application on behalf of the client to amend their registration if permitted to do so by the client.
  • Section 117 — Section 117 outlines the requirements for the cancellation of registration. Subsection 117(2) describes the timing of cancellation and has been modified to also allow, in the case of a cancellation of a registration by a licensed producer, the individual responsible for the client (and not simply the client) to provide reasons as to why they may feel that the cancellation was not justified.
  • Section 124 — Section 124 sets out a limit on the quantity of dried marihuana a licensed producer may sell or provide to a client in any 30-day period. This provision has been revised to clarify that a licensed producer may also sell or provide to the individual responsible for the client.
  • Sections 13, 114, 118, 129, and 134 in the prepublished Regulations (and relevant consequential amendments) have been subsequently amended to remove the authority for health care practitioners to “sell or provide” dried marihuana to patients under their care. This has been replaced with the authority to “transfer” (i.e. provide without consideration). Consequential amendments have been made to the NCR and MMAR to ensure consistency on this issue under all schemes.
  • References to pharmacist dispensing under sections 3, 4, 11 and consequential amendments to the NCR in the prepublished version of the MMPR have been removed to reflect the decision to remove dispensing of dried marihuana by pharmacists outside of a hospital context.

Regulatory and non-regulatory options considered

In addition to the approach described above, the following options were considered.

Health Canada continues to authorize individuals to possess dried marihuana for medical purposes, but the MMAR supply options would be replaced with licensed production by private industry

Under this option, Health Canada would establish a licensing framework to allow for a commercial industry for the production and distribution of dried marihuana for medical purposes. Personal and designated production of dried marihuana for medical purposes would be eliminated, and Health Canada would no longer produce and distribute marihuana directly to individuals, eliminating related contract costs. However, Health Canada would continue to authorize individuals to possess dried marihuana for medical purposes. This would mean that individuals would have to apply to Health Canada for an authorization prior to registering as a client with a licensed producer. Health Canada would continue to issue authorization documents and maintain a database of all authorized persons.

This is not the preferred option because it is inconsistent with one of the key objectives of reform, which is to treat marihuana as much as possible like other narcotics used for medical purposes. Furthermore, as the numbers of users of marihuana for medical purposes are expected to continue to grow, Health Canada would continue to incur high administrative costs by maintaining this role.

Status quo

Under this option, Health Canada would maintain the Program under the MMAR in its current form. Health Canada would continue to issue authorizations to possess, PUPLs and DPPLs to program applicants. In order to manage the expected growth in applications, Health Canada would have had to review its administrative processes and its Program infrastructure to look for additional efficiencies. Given that the numbers of individuals in the Program continued to rise, costs for such a contract would have also continued to rise on an annual basis.

Additionally, Health Canada could consider raising the price of dried marihuana to cover the actual cost of production and distribution.

Health Canada could also have expanded its capacity to inspect PUPLs and DPPLs. However, an effective inspection program for thousands of sites across the country would have been costly. In addition, Health Canada’s inspectors would not have been able to address public health, safety and security concerns expressed by stakeholders, such as electrical hazards, humidity and poor air quality in personal and designated production sites.

The status quo did not respond to stakeholder concerns about the health and safety risks of personal production. Also, as legal challenges against the MMAR continue, and as the number of individuals entering the Program would continue to rise, Health Canada would face rising pressures that would be difficult to contain.

Benefits and costs

The cost-benefit analysis (CBA) was based on a projected scenario that represents the most likely outcome of the regulatory change. A sensitivity analysis of the results was undertaken for a range of key parameters to capture the effect of uncertainty for each variable used in the analysis of the estimated costs and benefits.

The study focused on the consumption of marihuana, obtained from legal sources of supply, for medical purposes. The broader issue of illicit market supply and use was considered to be outside the scope of the analysis.

Marihuana for medical purposes is not an approved therapeutic product and the scientific studies of its safety and efficacy are not conclusive. The CBA made no attempt to measure real or perceived health costs or benefits in terms of therapeutic effects or improvements to quality of life. Instead, the study relied on estimating purely economic impacts on the basis of a change in consumer surplus that could arise from the MMPR.

Projected number of potential users

The number of persons using marihuana for medical purposes was projected over the 10-year forecast period, from 2014 to 2024, based on historical patterns of use under the Program and an estimated upper limit. This limit represents the number of people who indicated they used marihuana for medical purposes in the most recent (2011) population-level survey of Canadians aged 15 years and over.

Under both the status quo scenario and the MMPR, the analysis assumed the historical growth rate in authorized users of approximately 40% per annum to continue over the policy impact period (2014–2024). Under the status quo scenario, the number of potential users of marihuana for medical purposes was projected to increase from a base number of 57 799 in 2014 to about 433 688 in 2024, slightly below the upper limit of 450 000. While the absolute number of legal users is still expected to increase over time, this increase was projected to be approximately 30% less over the 10-year period under the MMPR compared to the status quo scenario. This will mean an increase from a low projected estimate of 41 384 in 2014 to approximately 308 755 users by the end of the 10th year of implementation.

Benefits

The analysis quantified and monetized the beneficial impacts of the MMPR in terms of the reduction in risks associated with residential marihuana cultivation such as electrical fire hazards, potential home intrusions by criminals and the risks of sustaining serious injury or death in either case. Benefits were also estimated in terms of economic efficiency impacts.

Reduction in residential fire risks

The focus on safety impacts was on the risk and consequence of residential fires resulting from faulty electrical wiring, overloading of electrical circuits, tampering with electrical usage monitoring and other electrical system malfunction arising from indoor marihuana cultivation. The analysis assumed that under the MMPR, the risks of property damage, personal injury or death resulting from marihuana production-related fires will be significantly reduced but not completely eliminated. The social cost of adverse safety events related to the production of marihuana for medical purposes was estimated to be reduced, over the period from 2014 to 2024, by about 40% under the MMPR, at a total present value of $64.32 million. This represents annualized savings (avoided costs of property damage, injury and death from residential fires) of approximately $9.58 million per year for 10 years.

Reduction in risk of break-ins / home invasions

The focus of the security impacts was on the risk and consequences of home invasion, violence targeting residential production involved in misuse, and criminal activity related to marihuana distribution on the illegal market. Information from Canadian law enforcement authorities on misuse of production licences, home invasions and shootings was used as the basis to estimate the risk of violence. Overall, the analysis valued the projected reduction in the risks of break-ins / home invasions due to the MMPR at $0.38 million in 2014, rising to $26.48 million in 2024. The present value of security cost savings under the MMPR was estimated at approximately $89.03 million over the policy impact period, with an average annualized value of $13.27 million. The MMPR will have lower security costs (over 40% lower than under the status quo) due to the reduction in misuse activity that results from the expectation that eliminating personal and designated production in favour of a commercial licensing scheme will deter individuals interested in exploiting the Program.

Program administration cost savings

Government administration costs of the Program have increased significantly as the number of Program participants has grown. In the absence of regulatory changes, the analysis assumed a continuation of the growth in Program applications and corresponding substantial increases in the cost to Health Canada to authorize legal possession and license production of marihuana for medical purposes. The CBA estimated that the administration cost of the Program would have increased from $20.63 million in 2014 to over $120 million in 2024, in the absence of any changes. These costs include salary, employee benefits and accommodation costs associated with dedicated staff, operations and maintenance costs, training, supplies and other corporate overhead costs.

Under the MMPR, Health Canada will eliminate the role it plays in determining the eligibility of persons to access a legal supply of marihuana for medical purposes and return to its traditional role as a regulator of industry. This will result in significant administrative cost savings over the policy impact period. Under the scenario assumed for the new regulated market, the regulatory proposal was estimated to lead to more than a 90% reduction in Health Canada’s administrative expenditures. The present value of administration cost savings over 10 years was estimated at $478 million. On average, the MMPR are expected to generate annualized administrative cost savings of approximately $71.24 million per year over this period. (This estimate does not include potential savings in contract supply costs or subsidies.)

Producer surplus gains (see footnote 7)

The MMPR will establish a regulated commercial market for the production and sale of marihuana for medical purposes. Private industry participation in the regime is expected to yield benefits to society. Under the status quo, marihuana is either produced through private arrangements or at a cost to the taxpayer. There were no benefits to society at large beyond the benefits to the individuals involved. Under the MMPR, there will be beneficial impacts for the industry, over and above the benefits to the individuals involved in the market. The analysis measured this change in welfare by estimating a change in producer surplus gains under the policy. No producer surplus is derived in the status quo. The CBA found that the new regulated market will generate an overall producer surplus of $2.64 million in the first year of implementation (2014–15), rising to about $110 million in 2024 as the market expands. The present value of producer surplus gains over the policy horizon (2014–24) was estimated at $339.85 million or about $50.65 million (annualized average) per year for 10 years.

Reduction in deadweight loss (see footnote 8)

The CBA also estimated the deadweight loss under the marihuana access regime from the effective subsidy to supply that resulted in excess demand relative to what a market equilibrium quantity will be. The value of this economic efficiency loss was relatively small as the Government supply component in the CBA model was comparatively small. The analysis assumes the imposition and payment of the regular consumption tax (HST) by consumers of marihuana under the framework. Both the presence of an effective subsidy in the Government supply market for the status quo and the assumed, potential imposition of tax on purchases in the commercial market were projected to cause welfare losses to society by distorting market signals and causing sub-optimal allocation of scarce resources.

The economic efficiency loss under the status quo was estimated to be reduced by about $1.51 million during the first year of implementation (2014) of the MMPR, rising to about $7.70 million in 2024. This represents an average annualized reduction of about $5.03 million or a total present value of approximately $33.74 million over 10 years. Overall, the reduction in deadweight loss is small and not a significant benefit of the regulatory change.

In total, the present value of benefits of the MMPR was estimated to be $1.005 billion from 2014 to 2024. On average, this represents an annualized savings of approximately $149.77 million each year for 10 years.

Costs

The CBA projected the negative impacts of the MMPR on social welfare on the basis of a change in the welfare of the individuals most directly affected by the regulatory change. Because the available scientific evidence does not conclusively support the use of dried marihuana for therapeutic purposes, the causal relationships between the use of the substance and purported medical benefits are inconclusive. Thus, the analysis measures the change in individual welfare under the policy directly by estimating the change in users’ consumer surplus. Economic theory does not require the existence of scientifically proven medical benefit in order to measure the welfare implications of a public policy change. The observation that some in society are willing to pay to obtain marihuana for medical reasons was deemed as a sufficient basis for measuring a change in consumer welfare.

Loss of consumer surplus (see footnote 9)

Consumer surplus was estimated as the area under the demand curve and above the price consumers will potentially pay for marihuana under the MMPR. Under the MMPR, the analysis projected a reduction in the number of legal marihuana users vis-à-vis the status quo, and a reduction in the quantity consumed due to a potential increase in the price of marihuana in the regulated market. Under this scenario, the CBA predicted a significant loss of consumer surplus from this policy change. The analysis assumes a price change from about $7.60 per gram to about $8.80 per gram over the 10-year period. This assumption reflects the potentially higher cost of producing marihuana in the new commercial market, compared to personal or designated production under the MMAR. The higher price also reflects the potentially higher product quality due to quality control measures to limit contaminants and toxic substances and to ensure a product of consistent quality over time. The analysis assumes that this projected price change will lead to a decrease in the relative number of legal users by about 30% over the next 10 years compared to the status quo. The total quantity of marihuana consumed was also estimated to decrease. On average, the loss in consumer surplus (representing the total social costs of the MMPR) was estimated to be about –$166 million per year. The present value over 10 years was estimated to be about $1.115 billion. (The study did not estimate consumer surplus for any consumption derived from illicit supply sources.)

Business compliance costs

Business compliance costs were estimated as 10% of overall supply cost. Based on this, the CBA estimated that business compliance costs will be about double under the MMPR. As business compliance costs are already included in the supply cost estimate for both the status quo and policy cases, they were not independently estimated again in the analysis.

Net benefits

The scenario representing the most likely outcome of the cost-benefit model was the focus of the quantified results for estimating the present value of the net benefits of the regulatory proposal. The estimated net present value (NPV) was –$109.7 million, with an average annualized value of –$16.35 million. This represents an overall net loss to society due solely to a reduction in consumer surplus.

This loss in consumer surplus results from reduced relative growth in consumption and a higher supply price due mostly to the shift from cheaper home production to a commercial market with appropriate regulatory controls and oversight.

A full assessment of the sensitivity of the NPV to all key variables was undertaken using Monte Carlo probabilistic methods. The results showed that there was substantial variability in the estimate (range: –$26 billion to +$10 billion; mean: –$1,688 million).

The status quo scenario was modelled on the assumption that Government resources required to administer the MMAP would continue to grow over time to fully accommodate the required Program uptake in terms of numbers of persons wanting to access a legal source of marihuana for medical purposes. The Program administration cost was projected to increase from $13.8 million (FY 2013–14) to over $120 million (FY 2023–24). In reality, it is highly unlikely that such additional resources would be available to accommodate the forecast increase in Program participation in an era of fiscal restraint.

This qualification is useful when interpreting the overall results. The impact of a resource constraint was analyzed using a simulation model. The simulation results indicated that the number of authorizations to possess in a constrained status quo scenario might be only one-third of the unconstrained case (i.e. perhaps only 150 000 authorizations to possess could be accommodated in the Program over the forecast period in practice, compared with the assumed unconstrained growth of up to 450 000 users).

Non-quantified benefits

Not all significant impacts of the MMPR were included in the quantitative results presented above. A few of these potential impacts were not quantified due to insufficient data on which to base estimates. Others were felt to be smaller in magnitude than the costs and benefits which were estimated. Nonetheless, some were considered to be substantial over the longer term but were excluded from the quantitative analysis because they were considered highly contingent on a number of economic, social and regulatory factors and will likely start to be measurable only near the end of, or after, the 10-year projection period assumed for the quantified CBA.

These impacts were assessed qualitatively. Major attention was given to (i) additional safety and security issues, impacts and possible benefits; (ii) reductions in information, administration and other transactions costs for users, the medical community and other stakeholders; (iii) the possible longer-term benefits from the full establishment of a large, competitive and innovative legal industry for marihuana users, the economy and Canadian society; and (iv) the longer-term possibility that a fully functioning and reasonably competitive, efficient and innovative market will promote increased uptake by individuals who obtain marihuana through the illicit market.

The results of the qualitative analysis showed potentially highly beneficial effects. The results of the qualitative assessment are included in the full CBA report, which is available upon request.

Cost-benefit statement
 

Year 1 (2014)

Year 5 (2019)

Year 10 (2024)

Present Value

Annualized Average

A. Quantified impacts (million CAN$, 2012)

Benefits

           

Canadians

Reduction in risk of residential fire

$1.16

$7.19

$19.26

$64.32

$9.58

Reduction in risk of home invasion

$0.38

$16.79

$26.48

$89.03

$13.27

Industry (see footnote 10)

Producer surplus gain

$2.64

$44.33

$110.03

$339.85

$50.65

Government

Program administration costs savings

$18.70

$70.66

$117.50

$478.01

$71.24

Reduction in deadweight loss

$1.51

$5.55

$7.70

$33.74

$5.03

Total benefits

 

$24.40

$144.52

$281.00

$1,004.94

$149.77

Costs

           

Consumers

Loss of consumer surplus (years 3–10)

$11.21

–$135.39

–$410.37

–$1,114.66

–$166.12

Net present value (NPV at 8%)

       

–$109.72

–$16.35

B. Quantified impacts in non-$ — e.g. from a risk assessment

Positive impacts

           

Canadians

Residential production licences avoided

38 481

178 451

289 065

   

Industry (see footnote 11)

New businesses established

51

61

61

   

Negative impacts

           

Consumers

Consumers projected to pay potentially higher prices for marihuana

41 384

189 486

308 755

   

Relative reduction in legal consumers

–16 415

–78 283

–124 933

   

Relative reduction in legal quantities consumed

–40 838 kg

–203 098 kg

–357 221 kg

   

C. Qualitative impacts

Consumers

Participants in MMAP: Reduced risk of illness due to mould caused by improper growing methods. Continued access to marihuana for medical purposes. Better-quality product, on average. Treatment is driven by relationship with authorized health care practitioners instead of Health Canada.

Non-participants in MMAP: Potential availability of more data on impact of use of marihuana for medical purposes due to possible licensed producers (LP) R&D investments.

Government: Reduced criminal activity in residential areas due to banning of legal marihuana production. Property taxes / local jobs for areas with LPs in their jurisdiction.

Note: Policy impact period from 2014 to 2024, assumed social discount rate of 8%.

Revisions to the CBA following prepublication

The revised Regulations include changes and clarification of wording related to specific requirements including security. These changes were considered to have an impact on the cost of compliance for licensed producers. In the CBA, however, business compliance cost was included as a component of the supply cost of marihuana produced by licensed producers and did not independently enter into the analysis. To determine whether, a revision of the CBA results was necessary as a result of the revisions to the Regulations, the effect of the changes in requirements on business compliance cost was first assessed. The results showed that the impact of the revisions to the Regulations on business compliance costs was insignificant and would not affect the magnitude of the estimates or the conclusions made in the CBA.

Impacts on economy, businesses and consumers

Government, and ultimately, the Canadian taxpayer, are the main beneficiaries of regulatory change through the reduction in Program administration costs. Business, especially medium-sized business, is also a beneficiary in terms of producer surplus benefits and the expansion of the legal marihuana supply industry that could grow to more than $1.3 billion per year in annual sales by the end of the forecast period. It is important to note that producer surplus is not related to profitability and should not be taken as an indicator of profitability.

Users of a legal source of marihuana for medical purposes are the stakeholder group that is impacted in terms of the reduced consumer surplus. The general public, in contrast, benefits slightly in terms of reduced deadweight loss and the reduced safety costs which will be borne through residential insurance.

The principal impact on the economy will be the replacement of the MMAR regime — a combination of personal production by private citizens and a heavily subsidized Government supply option — by a commercial industry. This will significantly reduce the burden on the Government of Canada and Canadian taxpayers. By 2024, rather than attempting to regulate potentially up to 450 000 individuals, Health Canada will likely be dealing with a significantly smaller number of licensed businesses.

Much of the societal risk and burden created by the MMAR are created from the indirect impacts of allowing individuals to produce marihuana at home. By shifting the production of marihuana for medical purposes from seldom-inspected private homes to more rigorously regulated, secure licensed producers, these impacts will be significantly reduced or altogether eliminated.

Additionally, there is a significant impact on “enforcement clarity” for law enforcement. Since producing marihuana for medical purposes in private dwellings is legal under the existing regime, police have sometimes expressed difficulty investigating suspected illicit production sites operating under the cover of a licence. Under the MMPR, all home production of marihuana will be illegal and only licensed producers will be authorized for legal production.

Health Canada anticipates that the social ills caused by home production of marihuana for medical purposes would have increased if the Program had continued. Due to the rapid historical growth of the Program, the adverse consequences would only have compounded over time. The Program participant base under the MMAR has been difficult to monitor and regulate effectively, and exponential growth would have made it more so. The MMPR are designed to minimize the detrimental impacts of the MMAR.

Moreover, with commercial entities cultivating marihuana for medical purposes, it is reasonable to expect that resources will be invested in improving the quality of the product and in researching the effects of marihuana. This could result in a growing body of scientific information that could advance society’s knowledge about uses of the plant.

Impacts by region

Several regions will have negative overall impacts because they have a high concentration of Program usage; thus, they have disproportionate shares of consumer surplus reduction. These regions are British Columbia and the Atlantic (primarily Nova Scotia). Other regions will have positive overall impacts. Savings from lower administrative costs will positively impact Ontario, because the Program is largely administered from Ontario. It will also positively impact the Prairie region because that is where government-contracted marihuana production occurs.

“One-for-One” Rule

While the MMPR could impose administrative burden costs on business, they are exempted from the “One-for-One” Rule because they are addressing unique and exceptional circumstances. Canadian courts have found that individuals who have demonstrated a medical need for marihuana have a right under the Charter to reasonable access to a legal source of marihuana for medical purposes. Therefore, the Government must establish a legal framework which provides access to this controlled substance.

According to the United Nations World Drug Report, marihuana is the most trafficked illicit drug in North America. The Royal Canadian Mounted Police (RCMP) estimate that the illegal marihuana market in Canada alone represents a multi-billion dollar per year industry. Because marihuana is a highly divertible controlled substance, and given that all controlled substances must be tracked and reported internationally, some administrative burden is justified. Security measures therefore account for a large portion of the administrative burden on industry in the MMPR. These measures are included to address the risks to public health, safety and security that are associated with marihuana production.

Additionally, as there is no licit Canadian industry for the production of marihuana for medical purposes, the MMPR set out a scheme in which interested individuals or corporations could elect to participate in or not — it will not place an administrative burden on any existing business activities.

Consultation

Consultation prior to publication of the proposed Regulations in the Canada Gazette, Part I, on December 15, 2012 (prepublication)

Following the announcement of the changes to the Program by the Minister of Health on June 17, 2011 (the original proposal), a consultation document was posted on the Health Canada Web site and a 45-day public consultation was launched. Health Canada also organized targeted stakeholder consultations between August and November 2011 to gather comments on the proposed improvements to the Program. In addition, Health Canada notified the United States Drug Enforcement Administration and the International Narcotics Control Board that a new program was under consideration in which individuals would no longer be licensed to produce their own marihuana and supply would come from licensed producers.

A detailed summary of these consultations was published in June 2012. Most stakeholder groups welcomed Health Canada’s efforts to create a regulated industry. In particular, law enforcement, municipal governments and fire officials were supportive of the plans to eliminate personal and designated production in dwellings and to establish a commercial market. A large number of entities expressed an interest in becoming licensed to produce under the regulatory framework. Program participants, however, indicated that they did not want to give up the ability to produce their own marihuana, and expressed concerns that they would face higher costs for marihuana for medical purposes in the future. The medical community voiced its continued concerns with the lack of scientific evidence regarding the use of marihuana for medical purposes.

The full consultation report can be found on the Health Canada Web site at www.hc-sc.gc.ca/dhp-mps/consultation/marihuana/_2011/program/consult_reform-eng.php.

Comments received during the 75-day comment period following prepublication

Health Canada received a total of 1 663 comments during the 75-day comment period following prepublication. Of these, 1 433 comments were submitted by current licence holders and individuals; 93 were from the prospective industry; 54 were from municipalities, fire officials and law enforcement agencies; 43 were from health care practitioners, medical associations and pharmacists; 6 were from provinces and territories; 3 were from members of Parliament; and 31 were from other organizations. In addition, the Department also received 212 comments sent automatically from a public petitions Web site. These comments were pooled together and counted as one individual comment.

Program participants and individual Canadians

Issue: Elimination of personal production will adversely affect Program participants and individuals

Current program participants and individuals expressed concerns over the elimination of personal production and the impact it would have on an individual’s ability to purchase marihuana from licensed producers. Some suggested that Health Canada should consider “grandfathering” current personal production licences to ensure that these individuals could continue to afford their supply of dried marihuana.

Department of Health response

One of the objectives of the MMPR is to treat marihuana as much as possible like other narcotics used for medical purposes. Over the years, licensed production of marihuana in private dwellings has been associated with increased risks to public health and the safety of communities in which such growing operations take place. The MMAR were never intended to support the exponential growth in the number of participants that has taken place since 2001. In 2002, 477 individuals were authorized to possess marihuana for medical purposes. As of April 16, 2013, program participation had grown to 29 888 individuals. This rapid growth in program participation has placed a significant strain on the Department’s resources to supply, authorize possession, licence personal production and to monitor numerous production sites. The elimination of personal production under the MMPR is in response to concerns raised by many stakeholders including police, fire officials and municipalities regarding the public health, safety and security risks such growing poses to individual Canadians, first responders and communities at large. During prepublication, Health Canada also received a number of comments from individuals which were supportive of the elimination of personal production. Many of those who were in favour of the planned phase-out cited concerns such as the presence of strong odours, the increased risk of theft and a general sense of insecurity in affected residential neighbourhoods, and the lack of enforcement to ensure risks of diversion to the “street” was minimized. The MMPR address these risks by replacing licensed personal production with a new regulated system of commercial production that will be inspected and monitored to minimize these risks.

Health care practitioners, medical associations and pharmacists

Issue: There is a lack of scientific evidence regarding dosage, safety and efficacy of marihuana for medical purposes

Health care practitioners (physicians and nurse practitioners), pharmacists and their respective professional associations expressed concern about the absence of scientific evidence regarding issues such as dosage, safety and efficacy of dried marihuana for therapeutic purposes. They were of the opinion that Health Canada, under the MMPR, is setting up a prescription-like process for dried marihuana, even though it (dried marihuana) lacks the research and information about its uses that health care practitioners are accustomed to for all other prescribed medications that have been issued a Drug Identification Number (DIN) or Notice of Compliance (NOC). Physicians in particular noted that this could affect their ability to make informed decisions in the interest of their patients and increase their liability risks. It was suggested that Health Canada establish standardized and mandatory education or licensure for practitioners who support the use of dried marihuana to partly mitigate these risks.

Department of Health response

Although clinicians have had at their disposal the ability to prescribe cannabinoid-based medicines that have gone through the standard drug approval process and that have been issued DINs, the courts have said there must be reasonable access to a legal source of marihuana for medical purposes, even though marihuana has not gone through the standard FDA/FDR process. Since marihuana is not an approved therapeutic substance in Canada, no formal, comprehensive, scientific and medical information (e.g. formal drug monograph) on the risks and benefits of marihuana for therapeutic purposes has ever been published by any commercial sponsor. Health Canada has established an expert advisory committee (EAC) to provide advice and recommendations to Health Canada on the current information on marihuana for medical purposes, and any additional information/education materials that might be of assistance so that physicians can be better informed of the current science on marihuana. The EAC has assisted Health Canada in its efforts to revise an information document, similar to a formal drug monograph, containing comprehensive and up-to-date information on the potential risks and benefits associated with the use of marihuana for medical purposes. This revised information document will be made available to health care practitioners who may wish to receive such information to guide them in discussions with their patients. The Department considered the suggestion for mandatory education and decided not to impose additional requirements. Health care practitioner licensing and accreditation of continuing medical education are administered by provincial licensing bodies. A mandatory education requirement would create a barrier for practitioners who may be willing to support their patients’ use of dried marihuana and would not be consistent with the objective of reducing administrative burden or of maintaining access to marihuana for medical purposes for patients under the MMPR.

Issue: Sale of dried marihuana by health care practitioners would create a potential conflict of interest

Regulatory colleges expressed concern that the dispensing of dried marihuana by physicians/nurse practitioners enabled by the MMPR would place them in a potential conflict of interest situation by authorizing them to dispense a drug they may also “prescribe.” It was pointed out that physicians, for example, are required by their code of ethics to dispense medications only in situations where it can be demonstrated that dispensing of medication cannot be done by a third party, such as a pharmacist. Others in this stakeholder group noted that authority to “sell or provide” dried marihuana may also put the practitioner at risk and make his or her facility a target for increased crime.

Department of Health response

The Regulations have been revised to remove the authority for a health care practitioner to “sell or provide” dried marihuana to a patient. This has been replaced with the authority for the practitioner to “transfer” (that is, “provide dried marihuana without consideration”) to a registered client of a licensed producer who designates the practitioner’s office as their shipping address. The provision to “transfer” does not permit an authorized health care practitioner to provide dried marihuana in exchange for something of value from an individual. The revised provision allows the authorized health care practitioner to continue to support access as required while removing the potential incentive to prescribe higher doses had “providing with consideration” been retained.

Municipalities, law enforcement and fire officials

Municipalities, law enforcement agencies and fire officials from across Canada, including associations such as the Federation of Canadian Municipalities, the Canadian Association of the Chiefs of Police and the Canadian Association of Fire Chiefs, submitted comments during prepublication. These groups were very supportive in their feedback of the overall framework, viewing the elimination of personal production as a means to significantly reduce public health, safety and security risks in their communities. In the absence of pharmacy distribution (their preferred method of distribution), the move to commercial licensed production was well received. These groups of stakeholders were, however, concerned that the proposed Regulations did not go far enough with respect to the obligations placed on licensed producers and former personal production licence holders to ensure the safety and security of Canadians.

Issue: Licensed producers must be required to demonstrate compliance with applicable local laws as a condition for licensing

Municipalities raised the issue that, under the proposed Regulations, applicants were not required by law to demonstrate to Health Canada that they were in compliance with all applicable local zoning, fire, health, safety, building or other by-law prior to being granted a licence to produce marihuana. They requested that the MMPR be amended to require that they be notified when a producer licence is granted, modified, revoked or suspended.

Department of Health response

In response to similar concerns raised by municipalities during preliminary consultations, the MMPR require potential applicants for a licence to notify local government, police and fire officials in writing of their intention to apply for a producer’s licence and to submit proof in their application that this requirement has been complied with. The notice must specify the activities for which the licence will be sought, and the address of the site at which activities will be conducted. A provision has been made in the revised Regulations to require a licensed producer to also notify these same authorities when the licence is granted, when an amendment to the licence is approved by the Minister, when the licence is suspended or revoked for any reason, or when the licence is reinstated. Further, the revised Regulations enable the Minister of Health to confirm licence information to the authorities originally notified by an applicant when the Minister receives such a request.

Issue: The MMPR must require the remediation of dwellings used for production under the MMAR

In their comments, fire officials and municipalities highlighted their concern that the proposed MMPR fail to address the issue of remediating buildings that may have been damaged as a result of their use for licensed marihuana production under the MMAR. These stakeholders further indicated in their comments that they would like Health Canada to disclose the addresses of such sites and accept responsibility for the remediation of affected buildings.

Department of Health response

The federal government does not have jurisdiction over land use patterns, local zoning laws or the issuing of building or construction permits in municipalities across Canada. Health Canada understands the issue of remediation to be a matter for local government which is best handled, as appropriate, by the local authorities most familiar with the issue. In addition, there are privacy concerns with broad disclosure of all addresses of individuals who were authorized to produce marihuana for medical purposes under the MMAR.

Provinces and territories (P/T)

Six provinces, including British Columbia (BC), Alberta, Manitoba, Ontario, Quebec (QC) and Nova Scotia (NS), and three elected officials, including two members of Parliament, submitted comments during the 75-day comment period. Overall sentiments were similar to those expressed during preliminary consultations held in 2011. Consistently, provinces raised concerns about the role of health care practitioners and pharmacists under the proposed MMPR. Provinces emphasized a need for more education and guidelines for physicians and/or other health care professionals in order to be able to make informed recommendations for their patients. Dosage was highlighted as a key concern in that area. Concerns included lack of research and lack of an evidence base on which marihuana is recommended as a medical therapy, especially given the health implications of using a smoked form of marihuana for medical purposes. Three of the six provinces, BC, NS and QC, raised concerns with the ability of health care practitioners to sell and provide marihuana for medical purposes. They expressed concerns that it is a conflict of interest for health care practitioners to both support a patient’s access and sell marihuana directly to their patients. These comments were similar to concerns raised directly by health care practitioners and the Department’s response has been provided earlier in the RIAS under the issues raised by “Health care practitioners, medical associations and pharmacists.” In addition, provinces and territories also expressed concern with the implications of a higher cost of dried marihuana to patients under the proposed MMPR.

Issue: Cost of dried marihuana under the MMPR will impact provinces and territories

Provinces and territories noted that a potentially higher price for dried marihuana under the proposed MMPR would put pressure on provinces and territories to subsidize the costs incurred by patients. They also noted that, without a common drug review and a drug identification number, marihuana for medical purposes is not likely to be dispensed by pharmacists nor covered under provincial drug plans.

Department of Health response

The MMPR will treat dried marihuana as much as possible like other narcotics used for medical purposes by creating conditions for a new, commercial industry that will produce and distribute dried marihuana. This new system will introduce a secure and efficient system that provides access to marihuana for those who suffer from illness or disease, while saving taxpayers’ money and reducing risks that are felt by Canadian communities. It is unknown at this time what the cost of marihuana for medical purposes will be under the new system as licensed producers will be responsible for setting the price. The Regulations introduce conditions for a competitive industry and it is possible that prices will fall over time in response to competition and technological innovation that could reduce cost of production.

Prospective industry

Issue: The price of dried marihuana under the MMPR may be unaffordable

Comments were received from a variety of parties interested in becoming a licensed producer under the proposed MMPR, including compassion clubs. The majority of comments received expressed concern over consumer cost for dried marihuana. Based on the price projected in Health Canada’s cost-benefit analysis for the Regulations (which estimated that an LP producing 500 kg of dried marihuana per year could set a price of $7.60/gram and maintain a profitable operation), many potential LPs felt that registered clients, especially those in the low income category due to a disability, would not be able to afford the quantities they need or are accustomed to. This was seen as a significant risk to the viability of the commercial market considering the size of the investment that the group believes will be necessary to enter the market. It was suggested that Health Canada work with P/Ts to explore the possibility of insurance coverage or consider some alternative forms of subsidy for individuals who may be unable to afford the price in the regulated market.

Department of Health response

The MMPR will treat dried marihuana as much as possible like other narcotics used for medical purposes by creating conditions for a new, commercial industry that will produce and distribute dried marihuana. This new system will introduce a secure and efficient system that provides access to marihuana for those who suffer from illness or disease, while saving taxpayers’ money and reducing risks that are felt by Canadian communities. Since 2001, the cost of the Program (issuing authorization/licences and subsidizing supply of dried marihuana) under the MMAR has consistently been rising as program participation has continued to experience exponential growth. With this growth projected to continue, the system of providing access to marihuana for medical purposes through a government supply contract or by issuing licences for personal production (i.e. PUPL/DPPL) is unsustainable. It is unknown at this time what the cost of marihuana for medical purposes will be under the new system as licensed producers will be responsible for setting the price in a manner similar to how prices for other narcotics used for medical purposes are set by their manufacturers. The Regulations introduce conditions for a competitive industry and it is possible that prices will fall over time in response to factors such as competition and changing technology. Health Canada has made available all relevant information and will continue to work with potential licence producers to help them make an informed decision on whether or not to enter the regulated market but the decision to do so will be a private business decision.

Issue: Marihuana-infused products should be allowed under the MMPR

Some potential licence producers expressed their dissatisfaction with the fact that under the proposed MMPR, marihuana will be available in dried form only and criticized the lack of product alternatives as a limitation on client choice. Some felt that the restriction to dried marihuana deprived registered clients and patients of access to marihuana in forms that may be preferred in terms of desired effects, routes of administration (e.g. ingestion or topical) and “dosage.” They noted that some users of marihuana for medical purposes may prefer marihuana-based products that are ingested or applied topically to those used primarily via inhalation, given the known dangers of smoking.

Department of Health response

The new Regulations will limit licensed producers to the production and distribution of dried marihuana only. The MMPR will not authorize extractions of active ingredients (e.g. resin) to be sold for the therapeutic purposes. The only clinical studies on the therapeutic uses of marihuana that have been carried out to date have only used dried marihuana that was either smoked or vaporized. There are no clinical studies on the use of cannabis edible (e.g. cookies, baked goods) or topical products for therapeutic purposes. As with other drugs, all products that claim to have a health benefit must first go through the drug approval process as outlined in the Food and Drug Regulations (FDR). The limited clinical data that exists is restricted to dried marihuana that was either smoked or vaporized and to cannabinoid-based medicines (dronabinol, nabilone, and nabiximols) that have gone through the appropriate drug approval channels. Under the MMPR, licensed producers will be required to include information leaflets prepared by Health Canada which warn consumers of the adverse effects of using marihuana. There are no restrictions on how dried marihuana is to be ingested or inhaled, and patients may choose to use it, for example in foods or by vaporizing. HC does not limit or recommend a particular method of administration.

Issue: Distribution by mail only is not a reliable system of delivery

Many potential LPs raised concerns with the requirement to distribute dried marihuana to clients by mail only. They argued that this system is not well tested and may fail to provide timely access to dried marihuana for registered clients and may even pose security risks to courier companies and their personnel. Others noted that this limitation may provide incentive for some to try to work around the shipping requirement under the proposed MMPR by hiring a health care practitioner or pharmacist to dispense dried marihuana directly to clients on-site.

Department of Health response

Secured mail-only delivery by companies specializing in mail delivery has been used under the MMAR to provide access to dried marihuana for clients who obtain their supply from Health Canada. Under the Program, dried marihuana is shipped by courier or, in remote locations, by Canada Post, to the authorized person, unless the authorized person has arranged for their medical practitioner to receive the dried marihuana on their behalf. In the absence of a role for pharmacies, P/T ministries of public safety, law enforcement, municipalities and fire officials indicated a preference for this system of delivery over the establishment of storefront retail outlets. Secured mail-only delivery is seen by this stakeholder group and others as a safer alternative to direct storefront retail and a way to minimize the potential for diversion. Health Canada believes that secured mail delivery strikes an appropriate balance between individuals’ need for access and communities’ need for safety and security.

Health Canada considered carefully the suggestion that enabling pharmacist dispensing could potentially lead to circumventing the restriction to distributing dried marihuana only by secured mail. However, Health Canada is of the opinion that as an employee of an LP, a pharmacist will be held to the same regulatory requirements and have the same prohibitions (i.e. secure shipping only) on direct sale to registered clients as an LP without a pharmacist on staff. Therefore, direct hiring of a pharmacist by an LP does not enable a storefront distribution model. However, in response to the concerns raised by pharmacists and pharmacists’ associations as well as by provinces and territories (see comments by provinces and territories), the MMPR have been revised to remove the authority for pharmacists to dispense dried marihuana outside a hospital, as long as their activities were also authorized under P/T legislation.

Other groups

Other groups who submitted comments include a wide range of non-governmental organizations. A majority of comments received in this category were from compassion clubs and marihuana advocacy groups. Stakeholders generally supported the removal of Health Canada’s application process and the categories of symptoms and conditions. Concerns similar to those raised by other stakeholders were also expressed. In particular, this group indicated dissatisfaction with physicians’ reluctance to support access to marihuana for medical purposes, the elimination of personal production licences, including designated person production, and the absence of authority under the proposed MMPR allowing for the production of cannabis-infused products.

Rationale

In recent years, a wide range of stakeholders have voiced concerns about the MMAP. Concerns include the risk of diversion of marihuana, the complexity and timeliness of the application and authorization process, health, safety and security issues associated with the production of marihuana in homes and communities, and the lack of adequate scientific evidence for the medical use of marihuana. A new regulatory framework is required to address these and other issues by providing reasonable access to a legal source of marihuana for medical purposes while continuing to regulate marihuana as a controlled substance.

The MMPR will impose a significant compliance and administrative burden on businesses that may wish to enter the market. However, the requirements included in the MMPR are considered necessary to achieving the goal of reducing the potential for abuse and exploitation of the system and reducing the risks to public health, safety and security, while still maintaining reasonable access to a legal source of marihuana for medical purposes, as per the decisions of Canadian courts, for Canadians with medical need.

The MMPR will provide a more efficient way of accessing marihuana for medical purposes, particularly by affording individuals with a medical need increased choice in terms of authorized health care practitioners, marihuana strains, and suppliers. Eliminating licensed marihuana production in homes will eliminate public health, safety and security concerns relating to those licensed activities, as well as eliminate ambiguities for law enforcement. Finally, the elimination of Health Canada’s role in authorizing individual access to marihuana for medical purposes, and production and distribution of marihuana, will significantly reduce the cost of administering the Program.

Implementation, enforcement and service standards

Repeal of the MMAR

The MMPR include a number of consequential changes to the MMAR, as well as two transitional registration schemes that will allow for gradual transition to the new regulatory regime. Upon coming into force, the MMPR will allow the holder of an authorization to possess to obtain their supply of marihuana from a licensed producer by registering as a client with that producer. Similarly, an individual who had obtained a medical declaration from their medical practitioner under the MMAR could register as a client with a licensed producer instead of applying to Health Canada for an authorization to possess.

The MMAR will be repealed on March 31, 2014. At that point, all authorizations and licences issued under the MMAR will no longer be valid. However, individuals will be authorized to use their expired authorizations to possess to register as a client with a licensed producer for up to one year after their date of issue, unless a period of usage of less than 12 months has been indicated in the medical declaration.

New PUPL and DPPL will no longer be issued if the application is submitted after September 30, 2013. Similarly, existing PUPL and DPPL holders will not be able to apply to change the location of their production site on the licence as of the same date. This is to avoid situations where a person receives a PUPL or DPPL as their supply option, but will not be able to produce a crop before the repeal of the MMAR.

Compliance and enforcement

In general, compliance and enforcement activities will be subject to the broader Health Canada compliance and enforcement policy for controlled substances and precursors. Compliance verification will largely take the form of pre-licensing inspections, and inspections of licensed sites. Inspections will occur under existing legislative authorities. Compliance will be assessed against the MMPR, the FDA, the NCR, and, during transition, the MMAR, as well as any relevant directives and guidelines. Potential responses to non-compliance could include placing conditions on a licence, the full or partial suspension of a licence, the revocation of a licence or permit, and the refusal to issue, amend, or renew a licence, or prosecution under the CDSA or FDA.

Performance measurement and evaluation

Health Canada has developed a Performance Measurement and Evaluation Plan (PMEP) to measure the performance and conduct an evaluation of the MMPR. This plan specifies the methods selected for ongoing monitoring of the MMPR, performance targets, indicators and data sources. These will be comprehensively tracked as part of the performance measurement strategy outlined in the PMEP. This PMEP is available upon request.

Contact

Medical Marihuana Regulatory Reform
Controlled Substances and Tobacco Directorate
Healthy Environments and Consumer Safety Branch
Health Canada
Address Locator: AL0302A
Ottawa, Ontario
K1A 0K9
Fax: 613-941-7240
Email: consultations-marihuana@hc-sc.gc.ca

  • Footnote a
    S.C. 1996, c. 19
  • Footnote b
    S.C. 1996, c. 19
  • Footnote 1
    C.R.C., c. 1041
  • Footnote 2
    SOR/2001-227
  • Footnote 3
    SOR/2012-230
  • Footnote 4
    SOR/2001-227
  • Footnote 5
    Marihuana produced under contract with Her Majesty in right of Canada or under a DPPL, other than marihuana sold or imported to be used in clinical trials, is exempted from the application of the Food and Drugs Act and its regulations.
  • Footnote 6
    Under Schedule II of the CDSA, cannabis includes cannabis, its preparations, derivatives and similar synthetic preparations. This will include substances such as THC and cannabidiol, as well as marihuana.
  • Footnote 7
    Producer surplus is an economic measure of the difference between the amount the producer of a good or service actually receives, and the minimum amount he or she will accept.
  • Footnote 8
    Deadweight loss is the cost to society created by market inefficiency.
  • Footnote 9
    Consumer surplus is an economic measure of user benefit over and above what is reflected in the price users pay for acquiring the good.
  • Footnote 10
    Accrue to businesses.
  • Footnote 11
    Accrue to businesses.