Marihuana for Medical Purposes Regulations (SOR/2013-119)

Regulations are current to 2016-06-21 and last amended on 2015-06-05. Previous Versions

Marginal note:Checks

 On receipt of a fully completed application for a security clearance, the Minister must conduct the following checks for the purpose of assessing whether an applicant poses a risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use:

  • (a) a criminal record check in respect of the applicant; and

  • (b) a check of the relevant files of law enforcement agencies, including intelligence gathered for law enforcement purposes.

Marginal note:Minister’s decisions

 The Minister may grant a security clearance if, in the opinion of the Minister, the information provided by the applicant and that resulting from the checks is reliable and is sufficient for the Minister to determine, by taking into account the following factors, that the applicant does not pose an unacceptable risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use:

  • (a) whether the applicant has been found guilty as an adult, in the past 10 years, of

    • (i) a designated drug offence as defined in section 2 of the Narcotic Control Regulations,

    • (ii) a designated criminal offence as defined in that section, or

    • (iii) an offence committed outside Canada that, if committed in Canada, would have constituted an offence referred to in subparagraph (i) or (ii);

  • (b) whether it is known or there are reasonable grounds to suspect that the applicant

    • (i) is or has been involved in, or contributes or has contributed to, illicit activities directed toward or in support of the trafficking or diversion of controlled substances or precursors,

    • (ii) is or has been a member of a criminal organization as defined in subsection 467.1(1) of the Criminal Code, or participates or has participated in, or contributes or has contributed to, the activities of such an organization as referred to in subsection 467.11(1) of the Criminal Code,

    • (iii) is or has been a member of an organization that is known to be involved in or to contribute to — or in respect of which there are reasonable grounds to suspect involvement in or contribution to — activities directed toward or in support of the threat of or the use of acts of violence against persons or property, or is or has been involved in, or is contributing to or has contributed to, the activities of such an organization, or

    • (iv) is or has been associated with an individual who is known to be involved in or to contribute to — or in respect of whom there are reasonable grounds to suspect involvement in or contribution to — activities referred to in subparagraph (i), or is a member of an organization referred to in subparagraph (ii) or (iii);

  • (c) whether there are reasonable grounds to suspect that the applicant is in a position in which there is a risk that they be induced to commit an act or to aid or abet any person to commit an act that might constitute a risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use;

  • (d) whether the applicant has had a security clearance cancelled; and

  • (e) whether the applicant has submitted false or misleading information or false or falsified documents in or with their application for a security clearance.

  • SOR/2014-51, s. 9(F).
Marginal note:Outstanding criminal charge

 If there is an outstanding criminal charge against the applicant that could, if the applicant were found guilty, be taken into account by the Minister under paragraph 92(a), the Minister may decline to process the application until the charge has been disposed of by the courts, in which case the Minister must notify the applicant in writing.

Marginal note:Refusal to grant security clearance
  •  (1) If the Minister intends to refuse to grant a security clearance, the Minister must notify the applicant in writing to that effect.

  • Marginal note:Content of notice

    (2) The notice must set out the basis for the Minister’s intention and fix a period of time within which the applicant may make written representations to the Minister, which period of time must start on the day on which the notice is served or sent and must be not less than 20 days.

  • Marginal note:Opportunity to make written representations

    (3) The Minister must not refuse to grant a security clearance until the written representations have been received and considered or before the period of time fixed in the notice has expired, whichever comes first. The Minister must notify the applicant in writing of any refusal.

Marginal note:Validity period
  •  (1) The Minister must establish a period of validity for a security clearance in accordance with the level of risk posed by the applicant as determined under section 92, but the period must not exceed five years.

  • Marginal note:Extension of period

    (2) If the validity period is less than five years, the Minister may extend the period to a total of five years if the Minister determines under section 92 that the holder does not pose an unacceptable risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use.

Marginal note:Security clearance no longer required

 A licensed producer must notify the Minister in writing not later than five days after the holder of a security clearance is no longer required by these Regulations to hold a security clearance. The Minister must then cancel the clearance.

Marginal note:Suspension of security clearance
  •  (1) The Minister may suspend a security clearance on receipt of information that could change the Minister’s determination made under section 92.

  • Marginal note:Written notice to holder

    (2) Immediately after suspending a security clearance, the Minister must notify the holder in writing of the suspension.

  • Marginal note:Content of notice

    (3) The notice must set out the basis for the suspension and must fix a period of time within which the holder may make written representations to the Minister, which period of time must start on the day on which the notice is served or sent and must be not less than 20 days.

  • Marginal note:Reinstatement of clearance

    (4) The Minister may reinstate the security clearance if the Minister determines under section 92 that the holder does not pose an unacceptable risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use.

  • Marginal note:Cancellation of clearance

    (5) The Minister may cancel the security clearance if the Minister determines under section 92 that the holder may pose an unacceptable risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use. The Minister must notify the holder in writing of any cancellation.

  • Marginal note:Opportunity to be heard

    (6) The Minister must not cancel the security clearance until the written representations referred to in subsection (3) have been received and considered or before the time period fixed in the notice referred to in that subsection has expired, whichever comes first.

Marginal note:New applications

 If the Minister refuses to grant or cancels a security clearance, an applicant may submit a new application only if

  • (a) a period of five years has elapsed after the day on which the refusal or cancellation occurs; or

  • (b) a change has occurred in the circumstances that led to the refusal or cancellation.

Marginal note:Sending of notices by Minister

 The Minister must send any notice to be given under this Division to the person at their last known address by using a method of sending that involves

  • (a) a means of tracking it during transit;

  • (b) the safekeeping of it during transit; and

  • (c) the keeping of an accurate record of the signatures of any persons having charge of it until it is delivered.

Marginal note:False or misleading information

 It is prohibited to knowingly submit to the Minister an application containing false or misleading information in order to obtain a security clearance.

DIVISION 8Communication of Information

Marginal note:Information concerning clients and responsible individuals
  •  (1) Subject to subsections (2) and (3), if a licensed producer is provided with the given name, surname, date of birth and gender of an individual by a member of a Canadian police force who requests information in the course of an investigation under the Act or these Regulations, the producer must provide as soon as feasible, within 72 hours after receiving the request, the following information to that Canadian police force:

    • (a) an indication of whether or not the individual is

      • (i) a client of the producer, or

      • (ii) an individual who is responsible for a client of the producer; and

    • (b) the daily quantity of dried marihuana that is specified in the medical document supporting the client’s registration.

  • Marginal note:Verification

    (2) Before providing the requested information, the licensed producer must verify in a reasonable manner that the person requesting the information is a member of a Canadian police force.

  • Marginal note:Use of information

    (3) Information provided under this section must be used only for the purposes of the investigation referred to in subsection (1) and for the proper administration or enforcement of the Act or these Regulations.

 
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