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Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2022-11-16 and last amended on 2022-09-27. Previous Versions

PART 14Access to Cannabis for Medical Purposes (continued)

DIVISION 2Registration with Minister (continued)

SUBDIVISION ARegistration, Renewal, Amendment and Revocation (continued)

Marginal note:Single registration

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

Marginal note:Eligibility — designated person

  •  (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

  •  (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 statement — designated person

    (5) The declaration must be signed and dated by the designated person and must include a statement 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

  •  (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).

Marginal note:Expiry of registration

 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

  •  (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

  •  (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

  •  (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

  •  (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.

 
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