Cannabis Regulations (SOR/2018-144)

Marginal note:Sending or delivery — client

• 291 (1) A holder of a licence for sale that sells a cannabis product under section 289 is authorized to send or deliver it to the relevant shipping address that is specified in the client’s registration document unless, in the case where the shipping address is the address of a health care practitioner,

  • (a) the holder has received a written notice from the health care practitioner indicating that they have ceased to consent to receive cannabis products on the client’s behalf; or

  • (b) the holder has received a notice issued by the Minister under section 335 that names the health care practitioner and that has not been retracted.

• Marginal note:Prohibition

  (2) A holder of a licence for sale that receives a notice referred to in paragraph (1)(a) or (b) must not ask a holder of a licence for processing to send or deliver cannabis products to a client whose shipping address is the address of the health care practitioner who sent the notice or is named in it, as the case may be.

• Marginal note:Notice to holder of processing licence

  (3) A holder of a licence for sale that has asked a holder of a licence for processing to send or deliver cannabis products to the address of a health care practitioner must, without delay, provide the holder of the processing licence with a written notice if, within 48 hours after making the request, the holder of the sale licence receives

  • (a) a notice referred to in paragraph (1)(a) from the health care practitioner; or

  • (b) a notice referred to in paragraph (1)(b) that names the health care practitioner.

• Marginal note:Prohibition — licence for processing

  (4) A holder of a licence for processing that receives a notice under subsection (3) must not send or deliver the cannabis products that they had been asked to send or deliver.

Return and Replacement of Cannabis

Marginal note:Return of cannabis products

• 292 (1) An individual to whom cannabis products are sold under section 289 — or a designated person to whom cannabis plants or cannabis plant seeds are sent or delivered under section 291 — may return the cannabis products if the holder of the licence for sale accepts the return.

• Marginal note:Manner of return

  (2) The individual who is returning the cannabis products must, subject to subsection (3), send them or have them delivered to the holder of the licence for sale or the holder of a licence for processing or cultivation, as indicated by the holder of the licence for sale.

• Marginal note:Health care practitioner

  (3) In the case of cannabis products that were transferred to the individual by a health care practitioner who had consented under subsection 280(1) to receive them, the individual who is returning the cannabis products may, with the consent of the health care practitioner, give them, send them or have them delivered to the health care practitioner.

• Marginal note:Parcel — requirements

  (4) The individual who is returning the cannabis products must, if they are sending or having delivered cannabis plants — or other cannabis products in respect of which the total quantity of cannabis exceeds the equivalent of 30 g of dried cannabis,

  • (a) prepare the parcel in a manner that ensures the security of its contents, such that

    • (i) it will not open or permit the escape of its contents during handling and transportation,

    • (ii) it is sealed so that it cannot be opened without the seal being broken,

    • (iii) except in the case of cannabis plants, it prevents the escape of odours associated with cannabis plant material, and

    • (iv) it prevents its contents from being identified without it being opened; and

  • (b) use a method that ensures the tracking and safekeeping of the parcel during transportation.

• Marginal note:Return by health care practitioner

  (5) A health care practitioner must ensure that the requirements set out in paragraphs (4)(a) and (b) are met if they are sending or having delivered cannabis products referred to in subsection (4) that have been returned to them under subsection (3).

Marginal note:Replacement of returned cannabis

• 293 (1) A holder of a licence for sale to which cannabis products, other than cannabis plants or cannabis plant seeds, are returned in accordance with section 292 may replace them with cannabis products, other than cannabis plants or cannabis plant seeds, in respect of which the total quantity of cannabis does not exceed the equivalent of 150 g of dried cannabis.

• Marginal note:Plants or seeds

  (2) A holder of a licence for sale to which cannabis plants or cannabis plant seeds are returned in accordance with section 292 may replace them with a quantity of cannabis plants or cannabis plant seeds, or both, that does not exceed, taking into account the seed-to-plant ratio specified in subsection 290(2), the maximum number of plants, determined in accordance with section 325, that are authorized to be under production under the client’s registration with the Minister.

• Marginal note:Processing licence

  (3) A holder of a licence for processing may replace cannabis products that have been returned in accordance with section 292 with cannabis products in respect of which the total quantity of cannabis, according to information provided by the holder of the licence for sale, does not exceed the applicable quantity of cannabis referred to in subsection (1) or (2).

• Marginal note:Cultivation licence

  (4) A holder of a licence for cultivation may replace cannabis plants or cannabis plant seeds that have been returned in accordance with section 292 with a quantity of cannabis plants or cannabis plant seeds, or both, that, according to information provided by the holder of the licence for sale, does not exceed the quantity of cannabis plants or cannabis plant seeds that could be replaced by the holder of the licence for sale under subsection (2).

Sale, Display and Promotion to Young Persons

Marginal note:Sale of cannabis accessories to young persons

294 A holder of a licence for sale is authorized to sell a cannabis accessory — other than a cannabis accessory referred to in section 31 of the Act or a device referred to in subsection 202(2) — to a young person if the holder takes reasonable steps to ensure that the young person is authorized to possess cannabis under section 267.

Marginal note:Display — young persons

• 295 (1) A holder of a licence for sale is authorized to display a cannabis product, or a package or label of a cannabis product, in a manner that may result in the cannabis product, package or label being seen by a young person if the holder takes reasonable steps to ensure that any such young person is authorized to possess cannabis under section 267.

• Marginal note:Cannabis accessories — young persons

  (2) A holder of a licence for sale that sells a cannabis accessory is authorized to display it, or its package or label, in a manner that may result in the cannabis accessory, package or label being seen by a young person if the holder takes reasonable steps to ensure that any such young person is authorized to possess cannabis under section 267.

Marginal note:Promotion of cannabis products — young persons

• 296 (1) A holder of a licence for sale that promotes a cannabis product by means of informational promotion or brand-preference promotion that is communicated by means of a telecommunication is exempt from the condition set out in paragraph 17(2)(c) of the Act if they have taken reasonable steps to ensure that the promotion cannot be accessed by a young person other than a young person who is authorized to possess cannabis under section 267.

• Marginal note:Promotion of cannabis accessories — young persons

  (2) A holder of a licence for sale that promotes a cannabis accessory by means of informational promotion or brand-preference promotion that is communicated by means of a telecommunication is exempt from the condition set out in paragraph 17(3)(c) of the Act if they have taken reasonable steps to ensure that the promotion cannot be accessed by a young person other than a young person who is authorized to possess cannabis under section 267.

Reports to Minister

Marginal note:Monthly reports

• 297 (1) A holder of a licence for sale must, on or before the 15th day of each month, provide the Minister with a report that contains the following information:

  • (a) the number of clients who had a valid registration on the last day of the previous month;

  • (b) the number of clients who, in the previous month, had their medical document transferred to another holder of a licence for sale or returned to them at their request or at the request of a named responsible adult;

  • (c) in respect of the medical documents that formed the basis for registrations that were valid on the last day of the previous month,

    • (i) the average daily quantity of dried cannabis, expressed in grams,

    • (ii) the median daily quantity of dried cannabis, expressed in grams, and

    • (iii) the highest daily quantity of dried cannabis, expressed in grams;

  • (d) the number of applicants whom the holder refused to register during the previous month, including the number of them who were refused for each of the following reasons:

    • (i) the application was incomplete,

    • (ii) the holder had reasonable grounds to believe that false or misleading information was, or false or falsified documents were, provided in, or in support of, the application, and

    • (iii) the medical document or registration certificate that formed the basis for the application was not valid;

  • (e) the number of purchase orders referred to in subsection 289(1) that the holder refused to fill during the previous month, including the number of them that were refused for each of the following reasons:

    • (i) the purchase order was incomplete,

    • (ii) the client’s registration had expired or been revoked,

    • (iii) the purchase order specified cannabis products, other than cannabis plants or cannabis plant seeds, in respect of which the quantities of cannabis exceeded the equivalent of 150 g of dried cannabis, and

    • (iv) the cannabis product specified in the purchase order was unavailable;

  • (f) the given name, surname, profession and business address of each health care practitioner who provided a medical document referred to in paragraph (c), together with the province in which the health care practitioner was authorized to practise their profession at the time they signed the document and the number assigned by the province to that authorization; and

  • (g) the number of medical documents referred to in paragraph (c) that were signed by each health care practitioner referred to in paragraph (f).

• Marginal note:Definition of health care practitioner

  (2) In this section, health care practitioner means an individual who is, or was, a medical practitioner or nurse practitioner.

Disclosure to Third Parties

Marginal note:Disclosure to police

• 298 (1) A holder of a licence for sale must, if they are provided with an individual’s given name, surname, and date of birth by a member of a Canadian police force who requests information in the course of an investigation under the Act, disclose the following information to the police force as soon as feasible and no later than 72 hours after receiving the request:

  • (a) an indication of whether the individual is a client of the holder or a named responsible adult in respect of such a client;

  • (b) in the case where the individual is an individual referred to in paragraph (a),

    • (i) an indication of whether the client is a registered person and, if so, the classes of cannabis that the client is permitted to obtain by virtue of their registration with the holder, and

    • (ii) the daily quantity of dried cannabis that is specified in the client’s registration document in accordance with subparagraph 282(2)(a)(vi).

• Marginal note:Use of information

  (2) Information provided under this section must be used only for the purposes of the investigation or the administration or enforcement of the Act or these Regulations.

Marginal note:Disclosure to licensing authority

• 299 (1) A holder of a licence for sale must disclose, in writing and as soon as feasible, factual information about a health care practitioner — in relation to cannabis — that they have obtained under the Act or the Controlled Drugs and Substances Act to

  • (a) the provincial professional licensing authority for a province in which the health care practitioner is, or was, entitled to practise if the licensing authority submits to the holder a written request that sets out the health care practitioner’s name and address, a description of the information being requested and a statement that the information is required for the purpose of assisting an investigation by the authority; or

  • (b) the provincial professional licensing authority for a province in which the health care practitioner is not entitled to practise if the licensing authority submits to the holder

    • (i) a written request that sets out the health care practitioner’s name and address and a description of the information being requested, and

    • (ii) a document that shows that

      • (A) the health care practitioner has applied to the licensing authority to practise in that province, or

      • (B) the licensing authority has reasonable grounds to believe that the health care practitioner is practising in that province without being authorized to do so.

• Marginal note:Factual information

  (2) The factual information that may be requested includes information — including patient information — contained in, or in respect of, any medical document that was signed by the health care practitioner.

• Marginal note:Exception

  (3) Despite subsection (2), the factual information that may be requested does not include information relating to an individual who

  • (a) is or was registered as a client of the holder on the basis of a registration with the Minister under Division 2 of this Part; or

  • (b) in the case where the holder was a licensed producer under the former Access to Cannabis for Medical Purposes Regulations, was registered as a client of the licensed producer under section 133 of those Regulations on the basis of a registration with the Minister under Part 2 of those Regulations.

• Marginal note:Secure transmission

  (4) The holder must ensure that the information that they disclose under this section is securely transmitted in an electronic format that is accessible to the provincial professional licensing authority.

• Marginal note:Definition of health care practitioner

  (5) In this section, health care practitioner means an individual who is, or was, a medical practitioner or nurse practitioner.

Marginal note:Quarterly reports

• 300 (1) A provincial professional licensing authority may submit a written request to a holder of a licence for sale to obtain information, on a quarterly basis, in respect of each client who is registered with the holder on the basis of a medical document that was signed by a health care practitioner who

  • (a) was, at the time that they signed the medical document, entitled to practise the profession regulated by the licensing authority in the province in question; and

  • (b) was consulted in that province.

• Marginal note:Report

  (2) A holder that has received a request referred to in subsection (1) must, after the end of each quarter and in accordance with subsection (3), provide the provincial professional licensing authority with a report containing the following information in respect of each client referred to in subsection (1) who was validly registered at any time during the relevant quarter, together with details of any changes to the information that occurred during the quarter:

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

  • (b) the postal code for the address that was provided under paragraph 279(2)(b), together with the province specified in the address;

  • (c) the given name, surname and business address of the health care practitioner who signed the medical document, together with the number assigned by the province to the health care practitioner’s authorization to practise;

  • (d) the daily quantity of dried cannabis specified in the medical document;

  • (e) the period of use specified in the medical document;

  • (f) the date on which the medical document was signed by the health care practitioner; and

  • (g) for each shipment of cannabis products that was sent or delivered during the quarter,

    • (i) the date it was sent or delivered,

    • (ii) the quantity of cannabis that was sent or delivered, expressed in grams, and

    • (iii) the class of cannabis set out in Schedule 4 to the Act to which the cannabis products belong.

• Marginal note:Quarterly deadlines

  (3) The report must be provided to the provincial professional licensing authority no later than

  • (a) April 30 of a given year for the quarter beginning on January 1 and ending on March 31 of that year;

  • (b) July 31 of a given year for the quarter beginning on April 1 and ending on June 30 of that year;

  • (c) October 31 of a given year for the quarter beginning on July 1 and ending on September 30 of that year; and

  • (d) January 31 of a given year for the quarter beginning on October 1 and ending on December 31 of the previous year.

• Marginal note:First report

  (4) For greater certainty, the first quarter in respect of which a report must be provided is the quarter in which the request is received from the provincial professional licensing authority.

• Marginal note:Notice

  (5) If the holder has no information to include in a report for a quarter, they must send a notice to that effect to the provincial professional licensing authority by the relevant deadline referred to in subsection (3).

• Marginal note:Cessation of activities

  (6) If the holder ceases to conduct activities, they must, despite subsection (3), provide the provincial professional licensing authority with the report for the quarter in which the activities cease within 30 days after ceasing them.

• Marginal note:Cancellation

  (7) The provincial professional licensing authority may, at any time, send the holder a notice cancelling the request referred to in subsection (1), in which case the final quarter in respect of which a report must be provided is the one that precedes the quarter in which the notice is received.

• Marginal note:Transmission and format

  (8) A holder, or former holder, that provides a report to a provincial professional licensing authority under this section must transmit it securely in an electronic format that is accessible to the licensing authority.