Cannabis Regulations (SOR/2018-144)

Marginal note:Prohibited representation — alcoholic beverages

132.31 It is prohibited to make an express or implied representation, including by way of a brand element, on a cannabis product — or on the package of a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — if there are reasonable grounds to believe that the representation could associate the cannabis product with an alcoholic beverage.

Marginal note:Prohibited representation — tobacco products and vaping products

132.32 It is prohibited to make an express or implied representation, including by way of a brand element, on a cannabis product — or on the package of a cannabis product or on the label or panel of a container in which such a cannabis product is packaged — if there are reasonable grounds to believe that the representation could associate the cannabis product with a tobacco product, as defined in section 2 of the Tobacco and Vaping Products Act, or a vaping product to which that Act applies.

Marginal note:Non-application — name and email address

132.33 Section 132.28, subsection 132.29(1) and sections 132.3 to 132.32 do not apply with respect to the name and email address that are included on the label in accordance with paragraph 123(1)(a).

Marginal note:Standardized cannabis symbol on cannabis product intended for inhalation

• 132.34 (1) The standardized cannabis symbol that must be obtained from the Minister in the form of an electronic file must be clearly and prominently displayed on the outer surface of a cannabis accessory that contains a cannabis extract and that is a cannabis product intended to be consumed by means of inhalation if the cannabis extract contains THC in a concentration greater than 10 μg/g, taking into account the potential to convert THCA into THC.

• Marginal note:Requirements

  (2) The standardized cannabis symbol must meet the following requirements:

  • (a) it must be at least 1.27 cm by 1.27 cm in size;

  • (b) it must be displayed with a white border of at least 2 points on all sides; and

  • (c) if a change is made to the size of the symbol, its dimensions must be proportional vertically and horizontally.

Cannabis Product Accuracy Rules

Marginal note:Net weight and volume

133 The net weight and volume that must be included on the label of a cannabis product in accordance with sections 124, 124.1, 125, 132.1, 132.11, 132.12, 132.15, 132.16, 132.18 and 132.19 must be within the tolerance limits set out for that product in the document entitled Tolerance Limits for the Net Weight and Volume Declared on Cannabis Product Labelling, as amended from time to time and published by the Government of Canada on its website.

Marginal note:Number of discrete units

134 The number of discrete units in a container that is labelled in accordance with sections 124, 124.1, 132.1, 132.11, 132.15 and 132.18 must be equal to the number specified on the label.

Marginal note:Number of immediate containers

134.1 The number of immediate containers in an outermost container that is labelled in accordance with paragraph 122.4(2)(a) must be equal to the number of immediate containers specified on the label.

Marginal note:Number of cannabis plants

135 The number of cannabis plants in a container that is labelled in accordance with section 128 must be equal to the number specified on the label.

Marginal note:Number of cannabis plant seeds

136 The number of cannabis plant seeds in a container that is labelled in accordance with section 129 must be equal to the number specified on the label.

Labelling — Cannabis Other than Cannabis Products

Marginal note:Requirement — cannabis other than a cannabis product

137 Unless the requirements in section 138 have been met,

• (a) a holder of a licence for processing, a holder of a licence for analytical testing and the individuals referred to in section 4 must not sell or distribute a reference standard; and

• (b) a holder of a licence must not export a reference standard or sell, distribute or export any other cannabis that is not a cannabis product.

Marginal note:Information

• 138 (1) A label that includes the following information must be applied to any container that contains cannabis, other than a cannabis product:

  • (a) the name, telephone number and email address of the holder of the licence that sells, distributes or exports the cannabis or, in the case where an individual referred to in section 4 sells or distributes a reference standard, the name, telephone number and email address of the laboratory where that individual carries out their duties; and

  • (b) in respect of the cannabis,

    • (i) the lot number, preceded by one of the following designations:

      • (A) “Lot number”,

      • (B) “Lot no.”,

      • (C) “Lot”, or

      • (D) “(L)”, and

    • (ii) the packaging date.

• Marginal note:Non-application — name and email address

  (2) Sections 26 and 27 of the Act do not apply with respect to the name and email address that are included on the label in accordance with paragraph (1)(a).

PART 8Drugs Containing Cannabis

Definitions

Marginal note:Definitions

139 The following definitions apply in this Part.

brand name

brand name has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (nom commercial)

common name

common name has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (nom usuel)

distribute

distribute does not include administering. (distribuer)

establishment licence

establishment licence means a licence issued under section C.01A.008 of the Food and Drug Regulations. (licence d’établissement)

hospital

hospital means a facility

• (a) that is licensed, approved or designated by a province under the laws of the province to provide care or treatment to individuals or animals suffering from any form of disease or illness; or

• (b) that is owned or operated by the Government of Canada or the government of a province and that provides health services. (hôpital)

licensed dealer

licensed dealer means a licensed dealer, as defined in subsection 2(1) of the Narcotic Control Regulations, that specializes in the destruction of narcotics, as defined in subsection 2(1) of those Regulations. (distributeur autorisé)

practitioner

practitioner has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (praticien)

qualified person in charge

qualified person in charge means the individual referred to in section 150. (responsable qualifié)

Security Directive

Security Directive means the Directive on Physical Security Requirements for Controlled Substances and Drugs Containing Cannabis, as amended from time to time and published by the Government of Canada on its website. (Directive en matière de sécurité)

senior person in charge

senior person in charge means the individual referred to in section 149. (responsable principal)

DIVISION 1Licence

Activities

Marginal note:Authorized activities

• 140 (1) Subject to the other provisions of these Regulations, a holder of a cannabis drug licence is authorized to conduct the following activities if they are authorized by the licence:

  • (a) possessing cannabis obtained in accordance with these Regulations; and

  • (b) producing or selling a drug containing cannabis.

• Marginal note:Ancillary activities — production

  (2) A holder of a cannabis drug licence that authorizes the production of a drug containing cannabis is also authorized to distribute and offer to produce the drug.

• Marginal note:Ancillary activities — sale

  (3) A holder of a cannabis drug licence that authorizes the sale of a drug is also authorized to distribute the drug.

• Marginal note:Definition of produce

  (4) For the purpose of this section, produce does not include obtaining cannabis by cultivating, propagating or harvesting it.

141 [Repealed, SOR/2019-206, s. 50]

Marginal note:Use of organic solvent

142 Subject to the other provisions of these Regulations, a holder of a cannabis drug licence that authorizes the production of a drug containing cannabis is also authorized to alter or offer to alter the chemical or physical properties of the cannabis by the use of an organic solvent.

Marginal note:Sale

• 143 (1) Subject to subsection (2), a holder of a cannabis drug licence that authorizes the sale of a drug containing cannabis may sell or distribute the drug only to

  • (a) another holder of a cannabis drug licence;

  • (b) an individual referred to in section 4.

  • (c) a holder of a research licence;

  • (d) a holder of an analytical testing licence;

  • (e) the holder of a licence from which the holder of the cannabis drug licence received the drug, if the drug is sold or distributed for the purpose of its return;

  • (f) a holder of a licence or a licensed dealer, if the drug is sold or distributed for the purpose of its destruction;

  • (g) a pharmacist;

  • (h) a practitioner;

  • (i) a hospital employee;

  • (j) a person to which an exemption in relation to the drug has been granted under section 140 of the Act; or

  • (k) the Minister.

• Marginal note:Written order

  (2) A holder of a cannabis drug licence that authorizes the sale of a drug containing cannabis may only sell the drug if

  • (a) they have received a written order that specifies the name and quantity of the drug to be supplied and is signed and dated

    • (i) in the case of a drug to be provided to a hospital employee or a practitioner in a hospital, by the pharmacist in charge of the hospital’s pharmacy or by a practitioner authorized by the individual in charge of the hospital to sign the order, and

    • (ii) in any other case, by the person to which the drug is to be sold; and

  • (b) they have verified the signature, if it is unknown to them.

• Marginal note:Exception — pharmacist and practitioner

  (3) It is prohibited for a holder of a cannabis drug licence to sell or distribute any drug containing cannabis to

  • (a) a pharmacist who is named in a notice issued under subsection 181(2) or (4); or

  • (b) a practitioner who is named in a notice issued under subsection 189(2) or (4).

• Marginal note:Non-application

  (4) Subsection (3) does not apply to a holder of a cannabis drug licence to which the Minister has issued a notice of retraction issued under

  • (a) subsection 182(1) in respect of the pharmacist referred to in paragraph (3)(a); or

  • (b) subsection 190(1) in respect of a practitioner referred to in paragraph (3)(b).

Marginal note:Presence of qualified person in charge

144 A holder of a cannabis drug licence may conduct an activity in relation to cannabis, other than its destruction or antimicrobial treatment, at the licensed site only if the qualified person in charge or an alternate qualified person in charge is present at the site.

Marginal note:Antimicrobial treatment

145 A holder of a cannabis drug licence may conduct antimicrobial treatment of cannabis at a location other than the licensed site if

• (a) they ensure that the cannabis that is at the location is, at all times, in the presence of an individual referred to in paragraph 146(3)(a); and

• (b) the cannabis is subsequently returned to the licensed site or distributed in accordance with this Part.

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

  (2) The licensed dealer 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

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

  • (a) the qualified person in charge, as defined in subsection 2(1) of the Narcotic Control Regulations, or an alternate qualified person in charge designated under subsection 9.2(2) of those Regulations; and

  • (b) an employee of the licensed dealer.

• Marginal note:Statement by witnesses

  (5) For each instance that they destroy cannabis, the holder of a cannabis drug licence or the licensed dealer, as the case may be, must obtain a statement 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, 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, the brand name of the drug and its strength per unit;

  • (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 must retain the record and the statement for at least two years after the day on which the cannabis is destroyed.