Industrial Hemp Regulations (SOR/2018-145)

Marginal note:Refusal — other ground

14 For the purpose of paragraph 62(7)(h) of the Act, another ground for the refusal to issue an export permit is that the applicant does not hold a licence that authorizes exportation.

Marginal note:Period of validity

15 An export permit is valid until the earliest of the following dates:

• (a) the date on which the shipment is exported;

• (b) the date of expiry of the permit or the date of its revocation;

• (c) the date of expiry of the licence that authorizes exportation or the date of its revocation; and

• (d) the date of expiry of the permit for importation issued by the competent authority of the country of import that pertains to the shipment or the date of its revocation.

Importation

Marginal note:Seed

16 An importer of seed must import only

• (a) seed of pedigreed status that is of an approved cultivar and is recognized under the Organisation for Economic Co-operation and Development Seed Schemes or by the Association of Official Seed Certifying Agencies; or

• (b) in the case of a plant breeder, seed of a variety of industrial hemp that is set out in their licence, or the germplasm whose name or number is set out in their licence.

Marginal note:Grain

17 An importer of grain must import only grain from a country that participates in the Organisation for Economic Co-operation and Development Seed Schemes or a country that has an agency that is a member of the Association of Official Seed Certifying Agencies.

Marginal note:Accompanying document

18 An importer of seed or grain must ensure that each shipment is accompanied by a document, issued by the responsible authority of the country of exportation, that establishes that the seed or grain is industrial hemp and that it originated from that country.

Marginal note:Provision of copy of import permit

19 An importer of seed or grain must provide a copy of the import permit to the customs office at the time of importation.

Marginal note:Information and documents

20 An importer must, within 20 days after the date of release of a shipment of seed or grain in Canada, provide the Minister with the following information and documents:

• (a) their name, the number of the licence that authorizes the importation and the import permit number issued in respect of the shipment;

• (b) the date of release of the shipment;

• (c) the quantity, in kilograms, of each form imported; and

• (d) if the shipment consists of seed, documents establishing that

  • (i) the seed is of pedigreed status that is of an approved cultivar, and

  • (ii) in the case of a plant breeder, the seed is of a variety of industrial hemp set out in their licence or the germplasm is the one whose name or number is set out in their licence.

Marginal note:Disclosure of information

21 The Minister may, for the purpose of verifying whether an importation of seed or grain complies with these Regulations, provide to a customs officer any information provided in the import permit application or referred to in sections 9 and 20 and inform that customs officer whether the import permit has been suspended or revoked.

Exportation

Marginal note:Provision of copy of export permit

22 An exporter of seed or grain must provide a copy of the export permit to the customs office at the time of exportation.

Marginal note:Information

23 An exporter must, within 20 days after the date of exportation of a shipment of seed or grain, provide the Minister with the following information:

• (a) their name, the number of the licence that authorizes the exportation and the export permit number issued in respect of the shipment;

• (b) the date of exportation of the shipment; and

• (c) the quantity, in kilograms, of each form exported.

Marginal note:Disclosure of information

24 The Minister may, for the purpose of verifying whether an exportation of seed or grain complies with these Regulations, provide to a customs officer any information provided in the export permit application or referred to in sections 13 and 23, and inform that customs officer whether the export permit has been suspended or revoked.

Possession of grain for processing

Marginal note:Processing

25 A holder of a licence that authorizes the possession of grain for the purpose of processing it must

• (a) render it non-viable; and

• (b) if the processing results in the obtaining of non-viable grain,

  • (i) have it tested for viability at a laboratory that is designated as an accredited laboratory under section 2.1 of the Seeds Act, and

  • (ii) retain records that demonstrate that the grain is non-viable.

Cultivation and Propagation

Marginal note:Seed of pedigreed status of approved cultivar

• 26 (1) A holder of a licence that authorizes cultivation, other than as a plant breeder, must sow only seed of pedigreed status that is of an approved cultivar.

• Marginal note:Authorized variety or germplasm

  (2) A plant breeder who holds a licence that authorizes cultivation or propagation must cultivate or propagate only the variety of industrial hemp that is set out in their licence or the germplasm whose name or number is set out in their licence.

Marginal note:Notification

• 27 (1) A holder of a licence that authorizes cultivation, other than for the purpose of developing a new variety of industrial hemp, must provide the Minister with the following information within 30 days after seeding:

  • (a) the variety of industrial hemp cultivated;

  • (b) the number of hectares cultivated for each form of industrial hemp set out in the licence;

  • (c) the Global Positioning System coordinates of each cultivation site;

  • (d) if any part of the site is cultivated for seed, the Global Positioning System coordinates of that part of the site; and

  • (e) a declaration that the holder of the licence is the owner of the land used for cultivation or a declaration signed and dated by the owner of the land indicating that they consent to that use.

• Marginal note:Declaration

  (2) If the holder of a licence is a partnership, corporation or cooperative, the declaration referred to in paragraph (1)(e) must be signed and dated by the partner, officer or director who has the authority to bind the holder of the licence.

Marginal note:Sale — flowering heads, leaves and branches

28 A holder of a licence that authorizes sale may only sell the flowering heads, leaves and branches to a holder of a licence, or a licence within the meaning of the Cannabis Regulations.

Marginal note:Testing

• 29 (1) A holder of a licence that authorizes cultivation for seed must, for the purpose of determining the concentration of THC in the flowering heads and leaves

  • (a) have a representative sample of the flowering heads and leaves collected and dried; and

  • (b) have a portion of the representative sample tested at a competent laboratory using validated test methods.

• Marginal note:Test results

  (2) The holder of the licence must submit the test results expressed as a percentage w/w, together with the name of the approved cultivar to which the test relates, to the Minister within 15 days after receiving the results.

• Marginal note:Retention of representative sample

  (3) A portion of the sample referred to in paragraph (1)(a), in an amount that is sufficient to be tested, must be retained for at least one year.

Marginal note:Maintenance of equipment

30 A holder of a licence that authorizes cultivation must maintain all equipment that is used to sow or harvest industrial hemp in a manner that prevents its contamination and avoids the inadvertent dissemination of the seed.

General Provisions

Marginal note:Storage

31 A holder of a licence that authorizes sale must store flowering heads, leaves or branches that are intended for sale under section 28 under conditions that maintain their quality.

Marginal note:Transport, send and deliver

32 A holder of a licence that authorizes sale must transport, send or deliver flowering heads, leaves or branches that are intended for sale under section 28 in a manner that maintains their quality.

Documents

Marginal note:General

• 33 (1) A holder of a licence must retain documents that contain the following information:

  • (a) the form in which the industrial hemp is imported, exported, purchased or sold, and its variety, if applicable;

  • (b) the quantity, in kilograms, of each form imported, exported, purchased or sold;

  • (c) the date on which each shipment of industrial hemp is sent or received;

  • (d) in the case of a holder that transports, sends or delivers industrial hemp, the name of the person that conducts these activities on behalf of the holder, if applicable; and

  • (e) the results of any tests required by these Regulations.

• Marginal note:Licence that authorizes sale

  (2) A holder of a licence that authorizes sale must also retain documents that contain the following information:

  • (a) the name, address and licence number of the holder of a licence or a licence within the meaning of the Cannabis Regulations to which any flowering heads, leaves, branches, seed or grain is sold; and

  • (b) if applicable, the name and licence number of the holder of a licence from which the flowering heads, leaves, branches, seed or grain was purchased, the date on which it was purchased and the quantity, in kilograms, of each form that was purchased.

• Marginal note:Licence that authorizes importation

  (3) A holder of a licence that authorizes importation must also retain documents that contain the following information:

  • (a) the name, address and licence number of the holder of a licence, or a licence within the meaning of the Cannabis Regulations, to which the seed or grain is sold; and

  • (b) the name of the exporter and their address in the country of export.

• Marginal note:Licence that authorizes exportation

  (4) A holder of a licence that authorizes exportation must also retain documents that contain the following information:

  • (a) the name of the importer and their address in the country of import; and

  • (b) if applicable, the name and licence number of the holder of a licence from which the seed or grain was purchased, the date on which it was purchased and the quantity, in kilograms, of each form that was purchased.

• Marginal note:Licence that authorizes cultivation

  (5) A holder of a licence that authorizes cultivation must also retain documents that contain the following information:

  • (a) the quantity of seed, in kilograms, of each approved cultivar that is sown or, in the case of a plant breeder, of each variety, and the quantity of seed harvested, in kilograms; and

  • (b) except in the case of the plant breeder, confirmation of the pedigreed status of the seed sown, including the official tag as defined in subsection 2(2) of the Seeds Regulations.

• Marginal note:Place and period of retention

  (6) The documents referred to in subsections (1) to (5) must be retained at the address of the place for document retention as provided in the licence application, or at the address provided under paragraph 6(1)(f), for at least one year after the day on which they were prepared or received.

Consequential Amendment

34 [Amendment]

Coming into Force

Marginal note:

• Footnote ^*35 (1) These Regulations, except section 34, come into force on the day on which subsection 204(1) of the Cannabis Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Marginal note:

• S.C. 2012, c. 24

(2) Section 34 comes into force on the day on which section 90 of the Safe Food for Canadians Act comes into force.

• Return to footnote ^*[Note: Regulations, except section 34, in force October 17, 2018, see SI/2018-52; section 34 in force January 15, 2019, see SI/2018-39.]