GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cannabis Regulations — 296
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 . 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 .
Cannabis Regulations — 297
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). 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.
Cannabis Regulations — 298
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). 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.
Cannabis Regulations — 299
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. 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. 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. 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. 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.
Cannabis Regulations — 301
Verifications 301 (1) A holder of a licence for sale must, each time that they do verifications under subsection 281 (1), retain a document that contains details of the verifications and of any measures taken under subsections 281 (3) to (5). Retention period (2) The document must be retained for at least two years after the day on which it is prepared.
Cannabis Regulations — 302
Documents relating to registration 302 (1) A holder of a licence for sale must retain (a) each registration application that they receive under subsection 279 (1), together with (i) in the case of an application that is based on a medical document, the original of the medical document or, in the case where the medical document has been returned under subsection 284 (6) or 286 (6) or transferred under subsection 287 (1), a copy of it that includes, if applicable, the information referred to in section 288 , and (ii) in the case of an application that is based on a registration certificate, the copy of the certificate; (b) a copy of each registration document that they provide under paragraph 282 (2)(a) and of each updated registration document that they provide under subsection 285 (4); (c) each amendment application referred to in section 285 that they receive; (d) a copy of each notice that they send or provide under subsection 284 (3), (5) or (7), 286 (3), (5) or (7), 290 (3) or 291 (3); (e) each notice referred to in paragraph 291 (1)(a) or (b) that they receive; and (f) each notification referred to in paragraph 284 (1)(g) or 286 (1)(e) that they receive. Retention periods (2) The documents referred to in subsection (1) must be retained (a) in the case of documents referred to in paragraphs (1)(a), (c), (e) and (f), for at least two years after the day on which they are received; and (b) in the case of the copies referred to in paragraphs (1)(b) and (d), for at least two years after the day on which the registration document or notice was provided or sent.
Cannabis Regulations — 303
Steps — young persons 303 A holder of a licence for sale must maintain documentation as to the steps that they take to satisfy the conditions set out in sections 294 to 296 and retain each version of the documentation for at least two years after the day on which it is replaced by a new version or, if it has not been replaced, for at least two years after the day on which the licence expires or is revoked.
Cannabis Regulations — 304
Purchase orders 304 (1) A holder of a licence for sale must retain, in respect of each purchase order referred to in section 289 that they fill or cause to be filled, a document that contains the following information: (a) the given name, surname and date of birth of the client; (b) the given name and surname of the individual who placed the purchase order; (c) the date on which the purchase order was placed; (d) the names they have assigned to the cannabis products that are sent or delivered and the brand names; (e) the quantity of cannabis that is sent or delivered; (f) the date on which the cannabis products are sent or delivered; and (g) the address to which the cannabis products are sent or delivered. Retention period (2) The holder must retain the document — together with the relevant written purchase order or, in the case of a verbal purchase order, the record referred to in subsection 289 (3) — for at least two years after the day on which the document is prepared.
Cannabis Regulations — 305
Communications with licensing authorities 305 (1) A holder of a licence for sale must retain (a) a copy of each notice that they provide to a provincial professional licensing authority under section 277 , together with the copy that they provide to the Minister under that section; (b) in respect of each request that they receive from a provincial professional licensing authority under subsection 299 (1), (i) a copy of the request, together with any supporting documentation received, (ii) a written record of the date on which the request and any documentation are received, (iii) a copy of the information that they disclose in response to the request, (iv) a written record of the date on which the information is disclosed, and (v) a written record of the steps that are taken to ensure that the information is securely transmitted to the authority; (c) a copy of each request or notice referred to in section 300 that they receive from a provincial professional licensing authority, together with a written record of the date on which it is received; (d) a copy of each report that they provide to a provincial professional licensing authority under section 300 , together with a written record of the date on which it is provided and the steps that are taken to ensure that it is securely transmitted; and (e) a copy of any notice that they send to a provincial professional licensing authority under subsection 300 (5). Retention periods (2) The documents referred to in subsection (1) must be retained for at least two years after (a) in the case of the documents referred to in paragraph (1)(a), the day on which the notice is provided to the licensing authority; (b) in the case of the documents referred to in paragraph (1)(b), the day on which the information is disclosed to the licensing authority; (c) in the case of documents referred to in paragraph (1)(c), the day on which the request or notice is received from the licensing authority; (d) in the case of documents referred to in paragraph (1)(d), the day by which the holder is required to provide the report to the licensing authority; and (e) in the case of a notice referred to in paragraph (1)(e), the end of the quarter to which the notice relates.
Cannabis Regulations — 306
Adjacent land 306 For the purposes of paragraphs 312 (3)(g) and 326 (1)(b), a parcel of land is considered to be adjacent to another parcel of land if its boundary has at least one point in common with the boundary of the other parcel of land.
Cannabis Regulations — 307
Signature and statement 307 (1) An application that is submitted under this Division must be signed and dated by the individual who is submitting it and must include a statement by the individual confirming that the information included in the application is correct and complete. Responsible adult (2) If the application is signed by an adult who is responsible for the applicant, it must include a statement by the adult confirming that they are responsible for the applicant.
Cannabis Regulations — 308
Additional information 308 The Minister may, on receiving an application under this Division, require the submission of any additional information that pertains to the information contained in the application and that is necessary for the Minister to consider the application.
Cannabis Regulations — (a)
designated cannabis offence means (a) an offence — in relation to a substance that was referred to in item 1 of Schedule II to the Controlled Drugs and Substances Act , as that item read immediately before the coming into force of subsection 204(1) of the Act — under section 5 of the Controlled Drugs and Substances Act , or under section 6 of that Act except with respect to importation; or (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a). ( infraction désignée relativement au chanvre indien )
Cannabis Regulations — (a)
designated marihuana offence means (a) an offence, in relation to marihuana, under section 5 of the Controlled Drugs and Substances Act , or under section 6 of that Act except with respect to importation; or (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a). ( infraction désignée relativement à la marihuana )
Cannabis Regulations — Cannabis Regulations
former Marihuana Medical Access Regulations means the regulations made by Order in Council P.C. 2001-1146 of June 14, 2001 and registered as SOR/2001-227. ( ancien Règlement sur l’accès à la marihuana à des fins médicales )
Cannabis Regulations — Cannabis Regulations
marihuana means the substance referred to as “Cannabis (marihuana)” in subitem 1(2) of Schedule II to the Controlled Drugs and Substances Act , as that subitem read immediately before the coming into force of subsection 204(1) of the Act. ( marihuana )
Cannabis Regulations — (a)
sale, distribution or export offence means (a) an offence under subsection 9(1) or (2), 10(1) or (2) or 11(1) or (2) of the Act, with the exception of an offence under subsection 11(1) with respect to importation; (b) an offence under subsection 14(1) of the Act in respect of the commission of an offence referred to in paragraph (a); or (c) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a) or (b). ( infraction relative à la vente, à la distribution ou à l’exportation )
Cannabis Regulations — 310
Single registration 310 An individual is not eligible to be registered under this Division more than once at any one time.
Cannabis Regulations — 311
Eligibility — designated person 311 (1) An individual is eligible to be a designated person only if they are an adult who ordinarily resides in Canada. 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.
Cannabis Regulations — 312
inly by young persons. 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). 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. 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. 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. SOR/2019-206, s. 69
Cannabis Regulations — 313
Registration with Minister 313 (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. 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. 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). SOR/2020-149, s. 3
Cannabis Regulations — 313.1
Expiry of registration 313.1 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). SOR/2020-149, s. 4
Cannabis Regulations — 314
Application to renew registration 314 (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. 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. 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). Effect of renewal (4) For greater certainty, a renewed registration replaces the previous one.