Cannabis Regulations (SOR/2018-144)

Marginal note:Destruction — holder of a cannabis drug licence

• 146 (1) A holder of a cannabis drug licence is authorized to destroy cannabis only

  • (a) in accordance with a method that

    • (i) complies with all federal, provincial and municipal environmental protection legislation applicable to the location where it is to be destroyed, and

    • (ii) does not result in any individual being exposed to cannabis smoke or cannabis vapour;

  • (b) in the presence of a witness referred to in paragraph (3)(a) and another witness referred to in subsection (3); and

  • (c) in the case where the cannabis is destroyed at a location other than the licensed site, if the holder ensures that the cannabis that is at the location is, at all times, in the presence of at least one witness referred to in paragraph (3)(a).

• Marginal note:Destruction — licensed dealer specialized in destruction

  (2) The licensed dealer specialized in destruction is authorized to destroy cannabis only

  • (a) in accordance with a method that

    • (i) complies with all federal, provincial and municipal environmental protection legislation applicable to the location at which it is to be destroyed, and

    • (ii) does not result in any individual being exposed to cannabis smoke or cannabis vapour; and

  • (b) in the presence of a witness referred to in paragraph (4)(a) and another witness referred to in subsection (4).

• Marginal note:Witness — holder of a cannabis drug licence

  (3) The following individuals are qualified to witness the destruction of cannabis by a holder of a cannabis drug licence:

  • (a) the senior person in charge, the qualified person in charge or the alternate qualified person in charge; and

  • (b) an employee of the holder.

• Marginal note:Witness — licensed dealer specialized in destruction

  (4) The following individuals are qualified to witness the destruction of cannabis by a licensed dealer specialized in destruction:

  • (a) the senior person in charge or qualified person in charge, as those terms are defined in subsection 1(1) of the Controlled Substances Regulations, or an alternate qualified person in charge designated under subsection 9(2) of those Regulations; and

  • (b) a person who works for or provides services to the licensed dealer specialized in destruction and holds a senior position.

• Marginal note:Attestation by witnesses

  (5) For each instance in which they destroy cannabis, the holder of a cannabis drug licence or the licensed dealer specialized in destruction, as the case may be, must obtain an attestation signed and dated by two of the witnesses referred to in paragraph (1)(b) or (2)(b) stating that they witnessed the destruction and that the cannabis was destroyed in accordance with a method referred to in paragraph (1)(a) or (2)(a).

• Marginal note:Record

  (6) With respect to cannabis that they destroy, the holder of a cannabis drug licence or the licensed dealer specialized in destruction, as the case may be, must prepare a record that sets out

  • (a) a description of the cannabis, its form and quantity;

  • (b) in the case of a drug containing cannabis,

    • (i) the proper name or common name of the drug or, in the case of a prescription drug, the brand name of the drug and its drug identification number, and

    • (ii) the strength per unit of the drug;

  • (c) the address of the location at which the cannabis is destroyed;

  • (d) a brief description of the method and the date of destruction; and

  • (e) the names of the individuals who witnessed the destruction and were qualified to do so under paragraph (1)(b) or (2)(b) and the basis on which they were qualified under subsection (3) or (4).

• Marginal note:Retention period

  (7) The holder of a cannabis drug licence and the licensed dealer specialized in destruction must retain the record and the attestation for at least two years after the day on which the cannabis is destroyed.

Licence Issuance

Marginal note:Licence — content

147 A cannabis drug licence must set out the following information:

• (a) the name of the holder of the licence;

• (b) the licence number;

• (c) the address of the site where the activity is authorized and, if applicable, of each building within the site;

• (d) the authorized activity at the site and, if applicable, the authorized activity that may be conducted at each building within the site;

• (e) the security measures to be implemented to comply with the requirements of either the Security Directive or Part 4;

• (f) any conditions that the Minister considers appropriate;

• (g) the effective date of the licence; and

• (h) the date of expiry of the licence.

Marginal note:Amendment

148 A holder of a cannabis drug licence must submit an application to amend the licence if they propose to make any of the following changes:

• (a) a change to the name of the holder;

• (b) a change to the authorized activity at the site or the authorized activity at each building within the site; and

• (c) a change to the security measures implemented to comply with the requirements of either the Security Directive or Part 4.

Individuals in Charge

Marginal note:Senior person in charge

149 The holder of a cannabis drug licence must retain the services of one individual as a senior person in charge who has overall responsibility for the management of the activities, with respect to cannabis, that are authorized under the licence.

Marginal note:Qualified person in charge

• 150 (1) A holder of a cannabis drug licence must retain the services of one individual as a qualified person in charge who is responsible for supervising the activities with respect to cannabis that are authorized under the licence and for ensuring, on behalf of the holder, that those activities comply with these Regulations.

• Marginal note:Alternate qualified person in charge

  (2) A holder of a cannabis drug licence may designate an individual as an alternate qualified person in charge who is authorized to replace the qualified person in charge.

• Marginal note:Qualifications

  (3) Only an individual who meets the following requirements may be a qualified person in charge or an alternate qualified person in charge:

  • (a) they work at the site specified in the licence;

  • (b) they

    • (i) are entitled to practise a profession that is relevant to their duties, such as that of pharmacist, practitioner, pharmacy technician or laboratory technician,

    • (ii) hold a diploma, certificate or credential that is awarded by a post-secondary educational institution in Canada in a field or occupation that is relevant to their duties, such as pharmacy, medicine, dentistry, veterinary medicine, pharmacology, chemistry, biology, pharmacy technician, laboratory technician, pharmaceutical regulatory affairs or supply chain management or security, or

    • (iii) hold a diploma, certificate or credential that is awarded by a foreign educational institution in a field or occupation referred to in subparagraph (ii) and one of the following assessments that establishes the equivalency of the diploma, certificate or credential to one of the documents referred to in that subparagraph:

      • (A) an equivalency assessment as defined in subsection 73(1) of the Immigration and Refugee Protection Regulations, or

      • (B) an equivalency assessment issued by an organization or institution that is responsible for issuing equivalency assessments and is recognized by a province;

  • (c) they have sufficient knowledge of and experience with the use and handling of drugs to properly carry out their duties; and

  • (d) they have sufficient knowledge of the provisions of the Act and these Regulations that are applicable to the activities authorized by the licence to properly carry out their duties.

• Marginal note:Exception

  (4) A holder of a cannabis drug licence may retain the services of an individual as a qualified person in charge or designate an alternate qualified person in charge who does not meet any of the requirements of paragraph (3)(b) if

  • (a) no other individual working at the site specified in the licence meets those requirements;

  • (b) those requirements are not necessary for the activities that are authorized under the licence; and

  • (c) the individual has sufficient knowledge acquired from any combination of education, training and work experience to properly carry out their duties.

Marginal note:Ineligibility

• 151 (1) An individual is not eligible to be a senior person in charge, a qualified person in charge or an alternate qualified person in charge if, in the past 10 years,

  • (a) in respect of a designated offence, a controlled substance offence, or any other offence referred to in subsection (2), the individual

    • (i) was convicted as an adult, or

    • (ii) was a young person who received an adult sentence, as those terms are defined in subsection 2(1) of the Youth Criminal Justice Act; or

  • (b) in respect of an offence committed outside Canada that, if committed in Canada, would have constituted a designated offence, a controlled substance offence or any other offence referred to in subsection (2),

    • (i) the individual was convicted as an adult, or

    • (ii) if they committed the offence when they were at least 14 years old but less than 18 years old, the individual received a sentence that was longer than the maximum youth sentence that could have been imposed under the Youth Criminal Justice Act for such an offence.

• Marginal note:Other offences

  (2) The other offences for the purpose of subsection (1) are the following:

  • (a) an offence involving the financing of terrorism referred to in any of sections 83.02 to 83.04 of the Criminal Code;

  • (b) an offence involving fraud referred to in any of sections 380 to 382 of the Criminal Code;

  • (c) the offence of laundering proceeds of crime referred to in section 462.31 of the Criminal Code;

  • (d) an offence involving a criminal organization referred to in any of sections 467.11 to 467.13 of the Criminal Code; and

  • (e) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in any of paragraphs (a) to (d). 

Changes

Marginal note:Minister’s approval

• 152 (1) A holder of a cannabis drug licence must obtain the Minister’s approval before making the following changes:

  • (a) replacing the senior person in charge;

  • (b) replacing the qualified person in charge; or

  • (c) designating or replacing an alternate qualified person in charge.

• Marginal note:Application — content

  (2) The holder must, for the purpose of obtaining the Minister’s approval, submit an application that includes the following:

  • (a) a description of the change;

  • (b) in the case of the replacement of the senior person in charge,

    • (i) an attestation, signed and dated by the proposed individual, stating that the proposed individual is not ineligible for a reason specified in section 151,

    • (ii) a document issued by a Canadian police force indicating whether, during the 10 years before the day on which the application is submitted, the individual was convicted as specified in subparagraph 151(1)(a)(i) or received a sentence as specified in subparagraph 151(1)(a)(ii), and

    • (iii) if the individual has ordinarily resided in a country other than Canada during the 10 years before the day on which the application is submitted, a document issued by a police force of that country indicating whether in that period that they were convicted as specified in subparagraph 151(1)(b)(i) or received a sentence as specified in subparagraph 151(1)(b)(ii); and

  • (c) in the case of the designation of an alternate qualified person in charge or in the case of the replacement of the qualified person in charge or an alternate qualified person in charge

    • (i) the attestation and the documents referred to in subparagraphs (b)(i) to (iii),

    • (ii) an attestation, signed and dated by the senior person in charge, stating that the proposed individual has the knowledge and experience required under paragraphs 150(3)(c) and (d), and

    • (iii) if the proposed individual does not meet the requirement of subparagraph 150(3)(b)(i), either

      • (A) a copy of the individual’s diploma, certificate or credential referred to in subparagraph 150(3)(b)(ii) or (iii) and a copy of the course transcript for it, or

      • (B) a detailed description of the individual’s education, training or work experience required under paragraph 150(4)(c), together with supporting evidence, such as a copy of a course transcript or an attestation by the person who provided the training.

• Marginal note:Additional information

  (3) The Minister may, on receiving an application for approval, require the submission of any additional information that pertains to the information contained in the application and that is necessary for the Minister to consider the application.

• Marginal note:Approval issued

  (4) The Minister must approve the change on completion of the review of the application if the applicable requirements referred to in subsections 150(3) and (4) and section 151 are met.

Marginal note:Notification — various changes

• 153 (1) A holder of a cannabis drug licence must notify the Minister of any of the following changes within five days after the change occurs:

  • (a) a change to the mailing address, telephone number, email address and facsimile number of the holder; and

  • (b) a change to the plan of the licensed site that does not require different security measures to be implemented in order to comply with Part 4.

• Marginal note:Notification — content

  (2) The notification must include

  • (a) a description of the change; and

  • (b) an attestation, signed and dated by the senior person in charge, indicating that all information provided in support of the notification is correct and complete to the best of their knowledge.