Cannabis Regulations (SOR/2018-144)

Marginal note:Expiry of registration

313.1 The registration of a registered person expires at the end of the period of validity of the medical document that forms the basis for the registration, as determined in accordance with subsections 273(4) and (5).

Marginal note:Application to renew registration

• 314 (1) To renew a registration, the registered person, or an adult who is responsible for them, must

  • (a) submit an application to the Minister that includes the registration number and the information and documents required under subsections 312(2) to (7); and

  • (b) ensure that a new medical document is sent to the Minister.

• Marginal note:Extension of registration

  (2) If the Minister has received an application and medical document under subsection (1) but has not notified the applicant of the Minister’s decision in respect of the application before the current registration expires, the registration remains valid until the Minister notifies the applicant — and, in the case of a refusal to renew the registration, the designated person, if any — of the decision.

• Marginal note:Renewal

  (3) If a renewal application has been submitted in accordance with paragraph (1)(a) and the Minister has received a new medical document under paragraph (1)(b), the Minister must, subject to section 317,

  • (a) renew the registration;

  • (b) provide the registered person with a new registration certificate; and

  • (c) if there is a designated person, provide them with an updated version of the document referred to in subsection 313(3).

• Marginal note:Effect of renewal

  (4) For greater certainty, a renewed registration replaces the previous one.

Marginal note:Application to amend registration

• 315 (1) Subject to subsection (2), to amend any of the information in a registration certificate, the registered person, or an adult who is responsible for them, must submit an application to the Minister that includes

  • (a) the registration number;

  • (b) a description of the proposed amendment and the supporting reasons for it;

  • (c) the information and documents referred to in section 312 that are relevant to the proposed amendment;

  • (d) the effective date of the event that has necessitated the application; and

  • (e) if there has been a change to the given name or surname of an individual who is named in the registration certificate under paragraph 313(2)(a) or (c), proof of the change.

• Marginal note:New medical document

  (2) An amendment application cannot be submitted in respect of a new medical document.

• Marginal note:Amendment

  (3) If an application is submitted in accordance with subsection (1), the Minister must, subject to section 317,

  • (a) amend the registration;

  • (b) provide the registered person with an amended registration certificate; and

  • (c) if there is a designated person, provide them with an updated version of the document referred to in subsection 313(3).

Marginal note:Consequences of renewal or amendment

• 316 (1) If, as a result of the renewal or amendment of a registration, an individual ceases to be a designated person, the Minister must notify them of the loss of their authorization to produce cannabis under the registration.

• Marginal note:Change of location

  (2) If, as a result of a renewal or amendment, the location of the authorized site for the production of cannabis plants — or the place of residence of the registered person or designated person — is changed, the Minister may specify the period during which the registered person or, if applicable, the designated person is authorized to transport cannabis from the former site or place of residence to the new site or place of residence.

Marginal note:Refusal to register, renew or amend

• 317 (1) The Minister must refuse to register an applicant or to renew or amend a registration if

  • (a) the applicant is not eligible under subsection 309(1) or section 310;

  • (b) the medical document that forms the basis for the application does not meet all of the requirements of section 273 or is no longer valid;

  • (c) at the time the medical document was provided to the applicant, the individual who provided it

    • (i) was not a health care practitioner, or

    • (ii) was not entitled to practise their profession in the province in which the applicant consulted with them;

  • (d) 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;

  • (e) the health care practitioner who provided the medical document notifies the Minister in writing that the use of cannabis by the applicant is no longer supported for clinical reasons;

  • (f) the Minister has reasonable grounds to believe that false or misleading information has, or false or falsified documents have, been provided in, or in support of, the application;

  • (g) the registration, renewal or amendment would result in the applicant or, if applicable, the designated person being authorized to produce cannabis plants under more than two registrations;

  • (h) the registration, renewal or amendment would result in the proposed site for the production of cannabis plants being authorized under more than four registrations;

  • (i) in the case where the applicant intends to produce cannabis for their own medical purposes, the applicant is not eligible under subsection 309(2) or (3); and

  • (j) in the case where cannabis is to be produced by a designated person, the individual who has been designated is not eligible under section 311.

• Marginal note:Power to refuse

  (2) The Minister may refuse to register an applicant or renew or amend a registration if, in the case where cannabis is to be produced by the applicant or a designated person, the registration, renewal or amendment is likely to create a risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity.

• Marginal note:Notice and opportunity to be heard

  (3) Before refusing to register an applicant or refusing to amend or renew a registration, the Minister must send the applicant a written notice that sets out the reason for the proposed refusal and give them an opportunity to be heard.

Marginal note:Revocation of registration

• 318 (1) The Minister must revoke a registration if

  • (a) the registered person is not eligible under section 309;

  • (b) the designated person is not eligible under section 311;

  • (c) the registration was issued, amended or renewed on the basis of false or misleading information or false or falsified documents;

  • (d) the health care practitioner who provided the medical document that forms the basis for the registration notifies the Minister in writing that the use of cannabis by the registered person is no longer supported for clinical reasons;

  • (e) the registered person — or an adult who is named in the registration certificate under paragraph 313(2)(c) — requests, in writing, that the registration be revoked; or

  • (f) the registered person dies.

• Marginal note:Revocation of excess registrations

  (2) If a site for the production of cannabis plants is authorized under more than four registrations, the Minister must revoke the excess registrations.

• Marginal note:Power to revoke

  (3) The Minister may revoke a registration if, in the case where the registered person or designated person is authorized to produce cannabis, the Minister has reasonable grounds to believe that the revocation is necessary to protect public health or public safety, including to prevent cannabis from being diverted to an illicit market or activity.

• Marginal note:Conditions of revocation

  (4) Before revoking a registration, the Minister must

  • (a) in the case where it is to be revoked for a reason set out in any of paragraphs (1)(a) to (d) or subsection (2) or (3),

    • (i) send the registered person a written notice that sets out the reason for the proposed revocation, and

    • (ii) give them an opportunity to be heard; and

  • (b) if applicable, send the designated person a written notice of the proposed revocation.

• Marginal note:Effect of revocation

  (5) For greater certainty, if a registration is revoked, the activities that were previously authorized under Subdivision B by virtue of the registration cease to be authorized.

Marginal note:Notice of revocation

• 319 (1) If a registration is revoked and the Minister is aware that the registration has formed the basis for a registration with a holder of a licence for sale under Division 1 of this Part, the Minister must provide the holder with a notice of revocation that includes the following information:

  • (a) the given name, surname and date of birth of the individual whose registration has been revoked;

  • (b) the registration number of the revoked registration; and

  • (c) the date of the revocation.

• Marginal note:Requirement to notify

  (2) A holder of a licence for sale that is notified under subsection (1) must, if within the previous 48 hours they have asked a holder of a licence for processing or cultivation to send or deliver cannabis products to, or for, the individual whose registration has been revoked, notify the holder of the licence for processing or cultivation, in writing, without delay.

• Marginal note:Prohibition

  (3) A holder of a licence for processing or cultivation that is notified under subsection (2) must not send or deliver the cannabis products that they had been asked to send or deliver.

SUBDIVISION BProduction

Marginal note:Definition of production site

• 320 (1) In this Subdivision, production site means

  • (a) in respect of a registered person, the site, if any, for the production of cannabis plants that is specified in their registration certificate under paragraph 313(2)(k); and

  • (b) in respect of a designated person, the site for the production of cannabis plants that is specified in the document that the person receives under subsection 313(3).

• Marginal note:Cumulative quantities

  (2) For greater certainty,

  • (a) the quantities of cannabis that a registered person is authorized to obtain by cultivation, propagation and harvesting, or to send, deliver, transport or possess, by virtue of a registration under this Division are in addition to any other quantities that they are permitted to obtain by cultivation, propagation and harvesting, or to send, deliver, transport or possess, under the Act; and

  • (b) the quantities of cannabis that a designated person is authorized to obtain by cultivation, propagation and harvesting, or to send, deliver, transport, sell or possess, by virtue of a registration under this Division are in addition to any other quantities that they are permitted to obtain by cultivation, propagation and harvesting, or to send, deliver, transport, sell or possess, under the Act.

Marginal note:Production by registered person

• 321 (1) A registered person who is registered to produce cannabis for their own medical purposes is, in accordance with the registration and the provisions of this Division, authorized to

  • (a) obtain by cultivation, propagation and harvesting at the production site a quantity of cannabis plants that does not exceed the maximum number of plants that is specified in the registration certificate under paragraph 313(2)(m);

  • (b) if the production site is different from the place where the registered person ordinarily resides,

    • (i) subject to subsection 326(2), transport directly from the place of residence to the production site a total quantity of cannabis plants and cannabis plant seeds that, taking into account the seed-to-plant ratio specified in subsection 290(2), does not exceed the equivalent of the maximum number of plants that is specified in the registration certificate under paragraph 313(2)(m), and

    • (ii) transport cannabis, other than cannabis plants or cannabis plant seeds, directly from the production site to the place of residence; and

  • (c) if the registration has been renewed or amended and, as a result, the location of the production site or the place of residence of the registered person is changed, transport cannabis directly from the former production site or place of residence to the new production site or place of residence within any period that the Minister may specify under subsection 316(2).

• Marginal note:Possession of cannabis

  (2) A registered person referred to in subsection (1) is authorized to possess the cannabis that they are authorized to obtain by cultivation, propagation and harvesting or to transport under that subsection.

Marginal note:Production by designated person

• 322 (1) A designated person is, in accordance with the registration and the provisions of this Division, authorized to

  • (a) obtain by cultivation, propagation and harvesting at the production site a quantity of cannabis plants that does not exceed the maximum number of plants that is specified in the document that the designated person receives under subsection 313(3);

  • (b) if the production site is different from the place where the designated person ordinarily resides,

    • (i) subject to subsection 326(2), transport directly from the place of residence to the production site a total quantity of cannabis plants and cannabis plant seeds that, taking into account the seed-to-plant ratio specified in subsection 290(2), does not exceed the equivalent of the maximum number of plants that is specified in the document that the designated person receives under subsection 313(3), and

    • (ii) transport cannabis, other than cannabis plants or cannabis plant seeds, directly from the production site to the place of residence;

  • (c) send, deliver, transport or sell to the registered person — or an adult who is named in the document that the designated person receives under subsection 313(3) — a quantity of cannabis, other than cannabis plants or cannabis plant seeds, that does not exceed the equivalent of the maximum quantity of dried cannabis that is specified in the document; and

  • (d) if the registration has been renewed or amended and, as a result, the location of the production site or the place of residence of the designated person is changed, transport cannabis directly from the former production site or place of residence to the new production site or place of residence within any period that the Minister may specify under subsection 316(2).

• Marginal note:Parcel — requirements

  (2) A designated person who sends or has cannabis delivered under paragraph (1)(c) must

  • (a) prepare the parcel in a manner that ensures the security of its contents, such that

    • (i) it will not open or permit the escape of its contents during handling or transportation,

    • (ii) it is sealed so that it cannot be opened without the seal being broken,

    • (iii) it prevents the escape of odours associated with cannabis plant material, and

    • (iv) it prevents the contents from being identified without it being opened; and

  • (b) use a method that ensures the tracking and safekeeping of the parcel during transportation.

• Marginal note:Possession of cannabis

  (3) A designated person is authorized to

  • (a) possess the cannabis plants and cannabis plant seeds that they are authorized to obtain by cultivation, propagation and harvesting or to transport under paragraph (1)(a), (b) or (d); and

  • (b) possess in a public place the cannabis, other than cannabis plants or cannabis plant seeds, that they are authorized to send, deliver, transport or sell under paragraphs (1)(b) to (d).