Cannabis Regulations (SOR/2018-144)

Marginal note:Additional information

308 The Minister may, on receiving an application under this Division, 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.

SUBDIVISION ARegistration, Renewal, Amendment and Revocation

Marginal note:Eligibility – registered person

• 309 (1) An individual is eligible to be a registered person only if they ordinarily reside in Canada.

• Marginal note:Eligibility – production for own medical purposes

  (2) An individual is eligible to produce cannabis for their own medical purposes as a registered person only if they are an adult.

• Marginal note:Prior offences

  (3) An individual is not eligible to produce cannabis for their own medical purposes as a registered person if, within the preceding 10 years, they have been convicted, as an adult, of

  • (a) a sale, distribution or export offence that was committed while they were authorized to produce cannabis under this Division;

  • (b) a designated cannabis offence that was committed while they were authorized under the Controlled Drugs and Substances Act — other than under the former Marihuana Medical Access Regulations — to produce a substance that was referred to in item 1 of Schedule II to that Act, as that item read immediately before the coming into force of subsection 204(1) of the Act;

  • (c) a designated marihuana offence that was committed while they were authorized to produce marihuana

    • (i) under the Controlled Drugs and Substances Act, other than under the former Access to Cannabis for Medical Purposes Regulations, or

    • (ii) by virtue of an injunction order issued by a court; or

  • (d) an offence committed outside Canada that, if committed in Canada, would have constituted an offence referred to in any of paragraphs (a) to (c).

• Marginal note:Definitions

  (4) The following definitions apply in this section.

  designated cannabis offence

  designated cannabis offence means

  • (a) an offence — in relation to a substance that was referred to in item 1 of Schedule II to the Controlled Drugs and Substances Act, as that item read immediately before the coming into force of subsection 204(1) of the Act — under section 5 of the Controlled Drugs and Substances Act, or under section 6 of that Act except with respect to importation; or

  • (b) 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 paragraph (a). (infraction désignée relativement au chanvre indien)

  designated marihuana offence

  designated marihuana offence means

  • (a) an offence, in relation to marihuana, under section 5 of the Controlled Drugs and Substances Act, or under section 6 of that Act except with respect to importation; or

  • (b) 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 paragraph (a). (infraction désignée relativement à la marihuana)

  former Marihuana Medical Access Regulations

  former Marihuana Medical Access Regulations means the regulations made by Order in Council P.C. 2001-1146 of June 14, 2001 and registered as SOR/2001-227. (ancien Règlement sur l’accès à la marihuana à des fins médicales)

  marihuana

  marihuana means the substance referred to as “Cannabis (marihuana)” in subitem 1(2) of Schedule II to the Controlled Drugs and Substances Act, as that subitem read immediately before the coming into force of subsection 204(1) of the Act. (marihuana)

  sale, distribution or export offence

  sale, distribution or export offence means

  • (a) an offence under subsection 9(1) or (2), 10(1) or (2) or 11(1) or (2) of the Act, with the exception of an offence under subsection 11(1) with respect to importation;

  • (b) an offence under subsection 14(1) of the Act in respect of the commission of an offence referred to in paragraph (a); or

  • (c) 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 paragraph (a) or (b). (infraction relative à la vente, à la distribution ou à l’exportation)

Marginal note:Single registration

310 An individual is not eligible to be registered under this Division more than once at any one time.

Marginal note:Eligibility — designated person

• 311 (1) An individual is eligible to be a designated person only if they are an adult who ordinarily resides in Canada.

• Marginal note:Prior offences

  (2) An individual is not eligible to be a designated person if, within the preceding 10 years, they

  • (a) have been convicted, as an adult, of a designated offence or a controlled substance offence;

  • (b) have been convicted, as an adult, of an offence committed outside Canada that, if committed in Canada, would have constituted an offence referred to in paragraph (a);

  • (c) were a young person who received an adult sentence, as those terms are defined in subsection 2(1) of the Youth Criminal Justice Act, in respect of an offence referred to in paragraph (a); or

  • (d) received a sentence — for an offence they committed outside Canada when they were at least 14 years old but less than 18 years old that, if committed in Canada, would have constituted an offence referred to in paragraph (a) — 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:Registration application

• 312 (1) Before registering an individual under this Division, the Minister must receive an application for registration and the original of the individual’s medical document.

• Marginal note:Basic information

  (2) The registration application must contain

  • (a) the applicant’s given name, surname and date of birth;

  • (b) unless the applicant intends to produce cannabis for their own medical purposes, either

    • (i) the address of the place in Canada where the applicant ordinarily resides, as well as, if applicable, their telephone number, facsimile number and email address, or

    • (ii) if the applicant ordinarily resides in Canada but does not ordinarily reside at a specific 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 them with food, lodging or other social services;

  • (c) the mailing address of the place referred to in paragraph (b) if different from the address provided under that paragraph;

  • (d) 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;

  • (e) if applicable, the given name, surname and date of birth of one or more adults who are responsible for the applicant, including any adult who is signing the application;

  • (f) an indication that the individual who is signing the application will

    • (i) comply with the possession limit referred to in section 266 that applies to them, and

    • (ii) if they are not the applicant, take reasonable steps to ensure that the applicant will comply with the possession limits that apply to them;

  • (g) an indication of whether

    • (i) the applicant intends to produce cannabis for their own medical purposes,

    • (ii) cannabis is to be produced for the medical purposes of the applicant by a designated person, or

    • (iii) cannabis will not be produced under the registration; and

  • (h) if the applicant intends to produce cannabis for their own medical purposes, or to have it produced by a designated person, an indication that the individual who is signing the application will

    • (i) take reasonable steps to ensure the security of the cannabis in their possession that they are authorized to produce, or that is produced for the medical purposes of the applicant, under this Division, and

    • (ii) if they are not the applicant, ensure that the applicant takes reasonable steps to ensure the security of the cannabis in the applicant’s possession that has been produced under this Division.

• Marginal note:Production for own medical purposes

  (3) If the applicant intends to produce cannabis for their own medical purposes, the application must also include

  • (a) the address of the place in Canada where they ordinarily reside, as well as, if applicable, their telephone number, facsimile number and email address;

  • (b) if applicable, the information referred to in paragraphs (2)(c) and (d) as it relates to the place referred to in paragraph (a);

  • (c) an indication that, within the 10 years preceding the application, they have not been convicted, as an adult, of an offence referred to in subsection 309(3);

  • (d) an indication that they will comply with the limit on the number of cannabis plants under production, as specified in the registration certificate to be issued under subsection 313(1);

  • (e) the full address of the site where the proposed production of cannabis plants is to be conducted;

  • (f) an indication of whether the proposed production area is

    • (i) entirely indoors,

    • (ii) entirely outdoors, or

    • (iii) partly indoors and partly outdoors; and

  • (g) if there is to be any outdoor production, an indication that the site referred to in paragraph (e) is not adjacent to a school, public playground, daycare facility or other public place frequented mainly by young persons.

• Marginal note:Production by designated person

  (4) If cannabis is to be produced by a designated person, the application must include a declaration by the designated person that contains

  • (a) the information referred to in paragraph (2)(a) and subparagraph (2)(b)(i) — and, if applicable, paragraphs (2)(c) and (d) — in respect of that person;

  • (b) the information referred to in paragraphs (3)(e) to (g);

  • (c) an indication that

    • (i) within the 10 years preceding the day on which the declaration is made, they have not been convicted of an offence referred to in paragraph 311(2)(a) or (b) or received a sentence referred to in paragraph 311(2)(c) or (d),

    • (ii) they will take reasonable steps to ensure the security of the cannabis in their possession that they produce under this Division, and

    • (iii) they will comply with the limit on the number of cannabis plants under production, as specified in the document to be provided under subsection 313(3); and

  • (d) a document, issued by a Canadian police force within the 90 days preceding the date on which the application is submitted, establishing that, within the 10 years preceding the date on which the document is issued, the designated person has not been convicted of an offence referred to in paragraph 311(2)(a) or received a sentence referred to in paragraph 311(2)(c).

• Marginal note:Signature and attestation — designated person

  (5) The declaration must be signed and dated by the designated person and must include an attestation by them confirming that the information contained in the declaration is correct and complete.

• Marginal note:Consent of owner

  (6) If the proposed site for the production of cannabis plants is not the ordinary place of residence of, and is not owned by, the applicant or, if applicable, the designated person, the application must include

  • (a) the full name, address and telephone number of the owner of the site; and

  • (b) a declaration, signed and dated by the site’s owner — or, if the owner is a corporation, by an authorized representative of the owner — consenting to the production of cannabis at the site.

• Marginal note:Applicant without ordinary residence

  (7) If an institution’s address is included in the application in accordance with subparagraph (2)(b)(ii), the application must include a statement that is signed and dated by a manager of the institution confirming that it provides food, lodging or other social services to the applicant.

Marginal note:Registration with Minister

• 313 (1) If the requirements set out in section 312 are met, the Minister must, subject to section 317, register the applicant and issue them a registration certificate.

• Marginal note:Registration certificate

  (2) The registration certificate must contain the following information:

  • (a) the given name, surname and date of birth of the registered person and, if applicable, the designated person;

  • (b) the address specified in the application under paragraph 312(2)(b) and, if applicable, the address of the place where the designated person ordinarily resides;

  • (c) the given name, surname and date of birth of any adults who are named in the application under paragraph 312(2)(e);

  • (d) a unique registration number;

  • (e) the name of the health care practitioner who provided the medical document that forms the basis for the registration;

  • (f) the daily quantity of dried cannabis, expressed in grams, that is specified in the medical document that forms the basis for the registration;

  • (g) the maximum quantity of dried cannabis, expressed in grams, that the registered person is authorized to possess by virtue of the registration, as determined in accordance with subsection 266(3) or 267(3), as the case may be;

  • (h) the effective date of the registration;

  • (i) the date of expiry of the registration;

  • (j) if applicable, the type of production that is authorized, namely, production by the registered person or production by a designated person;

  • (k) if applicable, the full address of the site where the production of cannabis plants is authorized by virtue of the registration;

  • (l) if applicable, an indication of whether the authorized production area is entirely indoors, entirely outdoors or partly indoors and partly outdoors; and

  • (m) if applicable, the maximum number of cannabis plants, determined in accordance with section 325, that may be under production at the production site by virtue of the registration and, if applicable, the maximum number of plants for each indoor and outdoor production period.

• Marginal note:Document for designated person

  (3) If a designated person is named in the registration certificate, the Minister must provide them with a document containing information relating to the production of cannabis that is authorized, including the information referred to in paragraphs (2)(g) to (m) and the given name and surname of any adults who are named in the registration certificate under paragraph (2)(c).