Marihuana Medical Access Regulations (SOR/2001-227)

35. A person is eligible to be issued a designated-person production licence only if the person is an individual who ordinarily resides in Canada and who

• (a) has reached 18 years of age; and

• (b) has not been found guilty, as as adult, within the 10 years preceding the application, of

  • (i) a designated drug offence, or

  • (ii) an offence committed outside Canada that, if committed in Canada, would have constituted a designated drug offence.

• 36. (1) An application for a designated-person production licence shall be considered only if it is made by a person who

  • (a) is the holder of an authorization to possess on the basis of which the licence is applied for; or

  • (b) is not the holder of an authorization to possess, but either has applied for an authorization to possess or is applying for an authorization to possess concurrently with the licence application.

• (2) If paragraph (1)(b) applies, the Minister must grant or refuse the application for an authorization before considering the licence application.

• 37. (1) A person mentioned in subsection 36(1) who is seeking to have a designated-person production licence issued to a designated person shall submit an application to the Minister.

• (2) The application must include

  • (a) a declaration by the applicant;

  • (b) a declaration by the designated person;

  • (c) if the proposed production site is not the applicant’s ordinary place of residence or of the designated person and is not owned by the applicant or the designated person, a declaration dated and signed by the owner of the site consenting to the production of marihuana at the site;

  • (d) a document issued by a Canadian police force establishing that, within the 10 years preceding the application, the designated person has not been convicted, as an adult, of a designated drug offence; and

  • (e) two copies of a current photograph of the designated person that complies with the standards specified in paragraphs 10(a) to (c), each of which is certified by the applicant, on the reverse side, to be an accurate representation of the designated person.

• (3) The application may not be made jointly with another person.

• 38. (1) The declaration of the applicant under paragraph 37(2)(a) must

  • (a) include the information referred to in paragraphs 28(1)(a) to (d);

  • (b) indicate the name, date of birth and gender of the designated person;

  • (c) indicate the full address of the place where the designated person ordinarily resides as well as the designated person’s telephone number and, if applicable, facsimile transmission number and e-mail address; and

  • (d) indicate the mailing address of the place referred to in paragraph (c), if different.

• (2) The declaration must be dated and signed by the applicant and attest that the information contained in the declaration is complete and correct.