Cannabis Regulations (SOR/2018-144)

Marginal note:Authorization — health care practitioner

• 272 (1) A health care practitioner is authorized, in respect of an individual who is under their professional treatment and if cannabis is required for the condition for which the individual is receiving treatment,

  • (a) to provide a medical document;

  • (b) while practising in a hospital, to issue a written order;

  • (c) to administer to the individual a cannabis product, other than cannabis plants or cannabis plant seeds; or

  • (d) to transfer to the individual, or to an adult who is responsible for them, a cannabis product, other than cannabis plants or cannabis plant seeds,

    • (i) that has been received from a holder of a licence for sale or a licence for processing, and

    • (ii) in respect of which the quantity of cannabis does not exceed the quantity that the individual or adult is authorized to possess under section 266 or 267, as the case may be.

• Marginal note:Possession in public place

  (2) A health care practitioner is authorized to possess a cannabis product, other than cannabis plants or cannabis plant seeds, in a public place if they have obtained it under the Act and require it for the practice of their profession in the province where they possess it.

Marginal note:Medical document

• 273 (1) A medical document that is provided under paragraph 272(1)(a) must indicate

  • (a) the health care practitioner’s given name, surname, profession, business address and telephone number and, if applicable, their facsimile number and email address;

  • (b) the province in which the health care practitioner is authorized to practise their profession and the number assigned by the province to that authorization;

  • (c) the given name, surname and date of birth of the individual who is under the professional treatment of the health care practitioner;

  • (d) the address of the location at which the individual consulted with the health care practitioner;

  • (e) the daily quantity of dried cannabis, expressed in grams, that the health care practitioner authorizes for the individual; and

  • (f) a period of use, specified as a number of days, weeks or months.

• Marginal note:Maximum period

  (2) The period of use specified in a medical document must not exceed one year.

• Marginal note:Signature and statement

  (3) A medical document must be signed and dated by the health care practitioner who is providing it and must include a statement confirming that the information in the document is correct and complete.

• Marginal note:Validity of medical document

  (4) A medical document is valid for the period of use specified in it, which period begins on

  • (a) the date on which the individual referred to in paragraph (1)(c) is registered with a holder of a licence for sale on the basis of the document or, if there have been previous registrations on the basis of the document, the earliest registration date; or

  • (b) if the individual referred to in paragraph (1)(c) uses the document to register with the Minister under Division 2 of this Part and has not previously been registered with a holder of a licence for sale on the basis of the document, the date of the registration with the Minister.

• Marginal note:Additional period of validity

  (5) Despite subsection (4), a medical document is valid for an additional period of six months beginning

  • (a) on the day on which this subsection comes into force, if the document ceases to be valid under subsection (4) on or after March 13, 2020 but before the day on which this subsection comes into force; or

  • (b) on the day after the day on which the document ceases to be valid under subsection (4) if the day on which the document ceases to be valid is on or after the day on which this subsection comes into force but before October 1, 2020.

Marginal note:Written order

274 A written order that is issued under paragraph 272(1)(b) must be signed and dated by the health care practitioner and must indicate

• (a) the health care practitioner’s given name, surname and profession;

• (b) the given name and surname of the individual who is under the professional treatment of the health care practitioner; and

• (c) the daily quantity of dried cannabis, expressed in grams, that the health care practitioner authorizes for the individual.

General Prohibitions

Marginal note:Alteration of documents

275 It is prohibited to alter or deface a medical document or other document that is issued or provided under this Part.

Marginal note:Obtaining from more than one source

• 276 (1) It is prohibited to seek or obtain a cannabis product from more than one source at a time on the basis of the same medical document.

• Marginal note:Exception

  (2) Despite subsection (1), if a medical document forms the basis for a registration with the Minister under Division 2 of this Part, the registration certificate may be used to obtain

  • (a) cannabis products, other than cannabis plants and cannabis plant seeds, from, or through, a single holder of a licence for sale; and

  • (b) cannabis plants or cannabis plant seeds from one or more holders of a licence for sale.

DIVISION 1Holders of Licence for Sale

Notice to Licensing Authorities

Marginal note:Notice to licensing authorities

• 277 (1) A holder of a licence for sale must, within 30 days after the issuance of their licence, provide a written notice to each provincial professional licensing authority and a copy to the Minister.

• Marginal note:Content of notice

  (2) The notice must contain

  • (a) the name of the holder, the mailing address of the site specified in the licence and, if applicable, the holder’s email address; and

  • (b) the effective date of the licence.

Registration of Clients

Marginal note:Eligibility — client

278 An individual is eligible to be a client of a holder of a licence for sale only if the individual ordinarily resides in Canada.

Marginal note:Registration application

• 279 (1) Before registering an individual as a client, a holder of a licence for sale must receive a registration application, together with the original of the individual’s medical document or a copy of their registration certificate.

• Marginal note:Application on basis of medical document

  (2) An application that is submitted on the basis of a medical document must include

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

  • (b) 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) an indication of whether the shipping address is to be

    • (i) the address referred to in subparagraph (b)(i),

    • (ii) the mailing address of the place referred to in subparagraph (b)(i), or

    • (iii) if the health care practitioner who provided the medical document has consented to receive cannabis products on behalf of the applicant, the address of the health care practitioner;

  • (f) if applicable, the given name, surname and date of birth of one or more adults who are responsible for the applicant; and

  • (g) a statement signed and dated by the applicant, or an adult who is named under paragraph (f), confirming that

    • (i) the applicant ordinarily resides in Canada,

    • (ii) the information in the application is correct and complete,

    • (iii) the medical document that forms the basis for the application has not, to the knowledge of the individual signing the statement, been altered,

    • (iv) the medical document is not being used to seek or obtain cannabis products from another source,

    • (v) in the case where the applicant is signing the statement, they intend to use any cannabis product that is supplied to them on the basis of the application only for their own medical purposes, and

    • (vi) in the case where an adult who is named under paragraph (f) is signing the statement, they are responsible for the applicant.

• Marginal note:Application on basis of registration certificate

  (3) An application that is submitted on the basis of a registration certificate must include

  • (a) the information referred to in paragraphs (2)(a) to (d), as applicable;

  • (b) an indication of whether the application is being made to obtain

    • (i) cannabis products, other than cannabis plants or cannabis plant seeds,

    • (ii) cannabis plants or cannabis plant seeds, or both, or

    • (iii) cannabis products referred to in both subparagraphs (i) and (ii);

  • (c) if the application is being made to obtain cannabis products, other than cannabis plants or cannabis plant seeds, an indication of which of the addresses referred to in paragraph (2)(e) is to be the shipping address;

  • (d) if the application is being made to obtain cannabis plants or cannabis plant seeds, an indication of whether the shipping address is to be

    • (i) the address of the place where the applicant ordinarily resides,

    • (ii) the address of the place where the designated person, if any, ordinarily resides, or

    • (iii) the address of the site for the production of cannabis that is specified in the registration certificate; and

  • (e) a statement signed and dated by the applicant, or an adult who is named in the registration certificate under paragraph 313(2)(c), confirming that

    • (i) the applicant ordinarily resides in Canada,

    • (ii) the information in the application is correct and complete,

    • (iii) the copy of the registration certificate is an accurate reproduction of the original,

    • (iv) if the application is being made to obtain cannabis products other than cannabis plants or cannabis plant seeds, the registration certificate is not being used to seek or obtain the cannabis products from another source,

    • (v) in the case where the applicant is signing the statement, they intend to use any cannabis product that is supplied to them on the basis of the application only for their own medical purposes, and

    • (vi) in the case where an adult who is named in the registration certificate is signing the statement, they are responsible for the applicant.

• Marginal note:Applicant without ordinary residence

  (4) 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:Health care practitioner’s consent

• 280 (1) If an application referred to in section 279 includes, as a shipping address, the address of the health care practitioner who provided the applicant with the medical document, the application must include a statement, signed and dated by the health care practitioner, consenting to receive cannabis products, other than cannabis plants and cannabis plant seeds, on the applicant’s behalf.

• Marginal note:Withdrawal of consent

  (2) If the applicant becomes a client of a holder of a licence for sale under this Division and the health care practitioner ceases to consent to receive cannabis products on the behalf of the client, the health care practitioner must send a written notice to that effect to the client and the holder.

Marginal note:Verification of medical document

• 281 (1) A holder of a licence for sale that intends to register an applicant whose application is based on a medical document must

  • (a) verify that the medical document meets the requirements set out in subsections 273(1) to (3);

  • (b) verify that, at the time the medical document was provided to the applicant, the individual who provided the document was a health care practitioner who was entitled to practise their profession in the province in which the applicant consulted with them; and

  • (c) verify with the office of the individual referred to in paragraph (b) that the applicant consulted the individual and that the information set out in the medical document is correct and complete.

• Marginal note:Exception

  (2) The holder is not required to do the verification referred to in paragraph (1)(c) if the signature of the health care practitioner who provided the medical document is known to the holder.

• Marginal note:Uncertainty — previous registration

  (3) The holder must, if it appears that the applicant was previously registered on the basis of the medical document but the information referred to in subsection 288(1) does not appear on the medical document,

  • (a) take reasonable steps to determine whether the applicant was previously registered on the basis of the medical document; and

  • (b) in the case where they determine that the applicant was previously registered on the basis of the medical document,

    • (i) take reasonable steps to determine the date on which the applicant was first registered on that basis; and

    • (ii) if they determine the date referred to in subparagraph (i), ensure that it appears on the medical document in accordance with subsection 288(1).

• Marginal note:Date illegible or incomplete

  (4) The holder must, if a date of registration appears on the medical document but the date is illegible, incomplete or there is reason to doubt that it is accurate,

  • (a) take reasonable steps to determine the date on which the applicant was first registered on the basis of the medical document; and

  • (b) if they determine the date referred to in paragraph (a), ensure that it appears on the medical document in accordance with subsection 288(1) unless there are reasonable grounds to believe that the date that already appears on the medical document has been falsified.

• Marginal note:Unknown date

  (5) If the holder is, after taking the steps referred to in subparagraph (3)(b)(i) or paragraph (4)(a), unable to determine the date on which the applicant was first registered on the basis of the medical document, they must, if they proceed to register the applicant, indicate on the medical document the information referred to subsection 288(1) in accordance with the requirements set out in that subsection.

Marginal note:Registration of client

• 282 (1) A holder of a licence for sale may, subject to section 284, register an applicant as a client.

• Marginal note:Registration document and other information

  (2) A holder that registers an applicant as a client must provide them with

  • (a) a registration document that contains the following information:

    • (i) the name of the holder,

    • (ii) the client’s given name, surname and date of birth,

    • (iii) the given name and surname of the health care practitioner who provided the client’s medical document,

    • (iv) the given name, surname and date of birth of any adults named in the application under paragraph 279(2)(f) or in the registration certificate under paragraph 313(2)(c), as the case may be,

    • (v) an indication of whether the registration is based on a medical document or a registration certificate,

    • (vi) the daily quantity of dried cannabis, expressed in grams, indicated in the medical document or registration certificate,

    • (vii) in the case of a registration that is based on a medical document, the shipping address indicated in the application under paragraph 279(2)(e),

    • (viii) in the case of a registration that is based on a registration certificate, the shipping address or addresses indicated in the application under paragraph 279(3)(c) or (d), or both, as applicable, and

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

  • (b) information that will permit them to use a unique identifier for the purpose of ordering cannabis; and

  • (c) the current version of the document entitled Consumer Information — Cannabis, published by the Government of Canada on its website.