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Cannabis Fees Order (SOR/2018-198)

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Regulations are current to 2020-10-05 and last amended on 2020-07-23. Previous Versions

Cannabis Fees Order

SOR/2018-198

CANNABIS ACT

Registration 2018-10-01

Cannabis Fees Order

Whereas, pursuant to section 143 of the Cannabis ActFootnote a, the Minister of Health has consulted with any persons that the Minister considers to be interested in the matter;

The Minister of Health, pursuant to subsection 142(1) of the Cannabis ActFootnote a, makes the annexed Cannabis Fees Order.

Ottawa, September 28, 2018

Ginette C. Petitpas Taylor
Minister of Health

Marginal note:Definitions

 The following definitions apply in this Order.

Act

Act means the Cannabis Act. (Loi)

cannabis drug licence

cannabis drug licence means a licence referred to in paragraph 8(1)(f) of the Cannabis Regulations. (licence relative aux drogues contenant du cannabis)

cannabis revenue

cannabis revenue means the amount by which the amount received from the sale of cannabis exceeds the amount paid for the purchase of cannabis from the holder of a licence for micro-cultivation, a licence for standard cultivation, a licence for a nursery, a licence for micro-processing, a licence for standard processing or a licence for sale for medical purposes. (recettes tirées de la vente de cannabis)

client

client has the same meaning as in subsection 1(2) of the Cannabis Regulations. (client)

export permit

export permit has the same meaning as in subsection 1(2) of the Cannabis Regulations. (permis d’exportation)

fiscal year

fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year. (exercice)

import permit

import permit has the same meaning as in subsection 1(2) of the Cannabis Regulations. (permis d’importation)

licence for analytical testing

licence for analytical testing means a licence referred to in paragraph 8(1)(c) of the Cannabis Regulations. (licence d’essais analytiques)

licence for a nursery

licence for a nursery means a licence referred to in paragraph 8(3)(c) of the Cannabis Regulations. (licence de culture en pépinière)

licence for micro-cultivation

licence for micro-cultivation means a licence referred to in paragraph 8(3)(a) of the Cannabis Regulations. (licence de micro-culture)

licence for micro-processing

licence for micro-processing means a licence referred to in paragraph 8(4)(a) of the Cannabis Regulations. (licence de micro-transformation)

licence for research

licence for research means a licence referred to in paragraph 8(1)(e) of the Cannabis Regulations. (licence de recherche)

licence for sale for medical purposes

licence for sale for medical purposes means a licence referred to in subsection 8(5) of the Cannabis Regulations. (licence de vente à des fins médicales)

licence for standard cultivation

licence for standard cultivation means a licence referred to in paragraph 8(3)(b) of the Cannabis Regulations. (licence de culture standard)

licence for standard processing

licence for standard processing means a licence referred to in paragraph 8(4)(b) of the Cannabis Regulations. (licence de transformation standard)

named responsible adult

named responsible adult has the same meaning as in subsection 264(1) of the Cannabis Regulations. (responsable nommé)

site

site has the same meaning as in subsection 1(2) of the Cannabis Regulations. (lieu)

Marginal note:Annual adjustment of fees

 The fees set out in sections 3 to 5 are to be adjusted in each fiscal year on April 1 by the percentage change over 12 months in the April All-items Consumer Price Index for Canada, as published by Statistics Canada under the Statistics Act, for the previous fiscal year and rounded to the next highest dollar.

Marginal note:Screening of an application for one licence

  •  (1) The fee for the screening by the Minister of an application for the issuance of only one licence set out in column 1 of Schedule 1 is set out in column 2 and is payable within 30 days of submitting the application.

  • Marginal note:Screening of an application for more than one licence

    (2) The fee for the screening by the Minister of an application for the issuance of more than one licence set out in column 1 of Schedule 1 is the following and is payable within 30 days of submitting the application:

    • (a) in the case where one of the licences referred to in the application is a licence for sale for medical purposes, the lowest applicable fee set out in column 2 of Schedule 1 with respect to the licences referred to in the application; or

    • (b) in all other cases, the highest applicable fee set out in column 2 of Schedule 1 with respect to the licences referred to in the application.

Marginal note:Application for security clearance

 The fee for the consideration by the Minister of an application with respect to a security clearance referred to in section 67 of the Act is $1,654 and is payable within 90 days of submitting the application.

Marginal note:Application for import or export permit

 The fee for the consideration by the Minister of an application for an import permit or an export permit is $610 and is payable within 30 days of submitting the application.

Marginal note:Exemptions — analytical testing, research, etc.

 Sections 4 and 5 do not apply with respect to an application for a security clearance, import permit or export permit with respect to a licence within the meaning of the Industrial Hemp Regulations, a licence for analytical testing, a licence for research or a cannabis drug licence.

Marginal note:Annual fee — entry year

  •  (1) The holder of one or more licences set out in column 1 of Schedule 2 with respect to the same site must, not later than 60 days after the earliest effective date of those licences, pay the following fee:

    • (a) if they hold only one of the following licences,

      • (i) $2,500, for a licence for micro-cultivation, a licence for a nursery or a licence for micro-processing, or

      • (ii) $23,000, for a licence for standard cultivation, a licence for standard processing or a licence for sale for medical purposes; or

    • (b) if the person holds more than one licence,

      • (i) in the case where one of the licences is a licence for sale for medical purposes, the lowest applicable fee referred to in subparagraph (a)(i) or (ii) with respect to the licences that the person holds, or

      • (ii) in all other cases, the highest applicable fee referred to in subparagraph (a)(i) or (ii) with respect to the licences that the person holds.

  • Marginal note:Annual fee — first fiscal year

    (2) The holder must, with respect to the fiscal year following the fiscal year during which the licence with the earliest effective date was issued for the same site, pay the following fee, not later than September 30 of that year,

    • (a) if the person holds only one licence set out in column 1 of Schedule 2 with respect to the site, the fee determined in accordance with column 2 of Schedule 2 with respect to the licence, based on the pro-rated cannabis revenue for the fiscal year during which the licence with the earliest effective date was issued, or

    • (b) if the person holds more than one licence set out in column 1 of Schedule 2 with respect to the site,

      • (i) in the case where one of the licences is a licence for sale for medical purposes, the lowest applicable fee determined in accordance with column 2 of Schedule 2 with respect to the licences that the person holds, based on the pro-rated cannabis revenue for the fiscal year during which the licence with the earliest effective date was issued, or

      • (ii) in all other cases, the highest applicable fee determined in accordance with column 2 of Schedule 2 with respect to the licences that the person holds, based on the pro-rated cannabis revenue for the fiscal year during which the licence with the earliest effective date was issued.

  • Marginal note:Statement of revenue and annual fee — subsequent years

    (3) The holder must, for the same site and with respect to each fiscal year subsequent to the fiscal year to which subsection (2) applies, pay the following fee, not later than September 30 of the subsequent year:

    • (a) if the person holds only one licence set out in column 1 of Schedule 2 with respect to the site, the fee determined in accordance with column 2 of Schedule 2 for the licence, based on the cannabis revenue set out in the statement of cannabis revenue referred to in subsection 8(1) for the fiscal year, or

    • (b) if the person holds more than one licence set out in column 1 of Schedule 2 with respect to the site,

      • (i) in the case where one of the licences is a licence for sale for medical purposes, the lowest applicable fee determined in accordance with column 2 of Schedule 2, based on the cannabis revenue set out in the statement of cannabis revenue, with respect to the licences that the person holds, or

      • (ii) in all other cases, the highest applicable fee determined in accordance with column 2 of Schedule 2, based on the cannabis revenue set out in the statement of cannabis revenue, with respect to the licences that the person holds.

  • Marginal note:Extension for 2020–2021 fiscal year

    (3.1) Despite subsections (2) and (3), if a holder is required to pay a fee under one of those subsections not later than September 30, 2020, the holder may pay the fee not later than March 31, 2021.

  • Marginal note:Interpretation

    (4) For the purpose of this section,

    • (a) pro-rated cannabis revenue means the cannabis revenue set out in the statement of cannabis revenue referred to in subsection 8(1) for a fiscal year, multiplied by the number of days in the fiscal year divided by the number of days during which the licence was effective during the fiscal year.

    • (b) the effective date of a licence that has been continued in force under subsection 158(1) or 159 (1) of the Act is deemed to be October 17, 2018;

  • SOR/2020-170, s. 1
 
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