GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cannabis Regulations — 315
Application to amend registration 315 (1) Subject to subsection (2), to amend any of the information in a registration certificate, the registered person, or an adult who is responsible for them, must submit an application to the Minister that includes (a) the registration number; (b) a description of the proposed amendment and the supporting reasons for it; (c) the information and documents referred to in section 312 that are relevant to the proposed amendment; (d) the effective date of the event that has necessitated the application; and (e) if there has been a change to the given name or surname of an individual who is named in the registration certificate under paragraph 313 (2)(a) or (c), proof of the change. New medical document (2) An amendment application cannot be submitted in respect of a new medical document. Amendment (3) If an application is submitted in accordance with subsection (1), the Minister must, subject to section 317 , (a) amend the registration; (b) provide the registered person with an amended 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).
Cannabis Regulations — 316
Consequences of renewal or amendment 316 (1) If, as a result of the renewal or amendment of a registration, an individual ceases to be a designated person, the Minister must notify them of the loss of their authorization to produce cannabis under the registration. Change of location (2) If, as a result of a renewal or amendment, the location of the authorized site for the production of cannabis plants — or the place of residence of the registered person or designated person — is changed, the Minister may specify the period during which the registered person or, if applicable, the designated person is authorized to transport cannabis from the former site or place of residence to the new site or place of residence.
Cannabis Regulations — 317
Refusal to register, renew or amend 317 (1) The Minister must refuse to register an applicant or to renew or amend a registration if (a) the applicant is not eligible under subsection 309 (1) or section 310 ; (b) the medical document that forms the basis for the application does not meet all of the requirements of section 273 or is no longer valid; (c) at the time the medical document was provided to the applicant, the individual who provided it (i) was not a health care practitioner, or (ii) was not entitled to practise their profession in the province in which the applicant consulted with them; (d) the given name, surname or date of birth of the applicant is different from the given name, surname or date of birth that appears on the medical document; (e) the health care practitioner who provided the medical document notifies the Minister in writing that the use of cannabis by the applicant is no longer supported for clinical reasons; (f) the Minister has reasonable grounds to believe that false or misleading information has, or false or falsified documents have, been provided in, or in support of, the application; (g) the registration, renewal or amendment would result in the applicant or, if applicable, the designated person being authorized to produce cannabis plants under more than two registrations; (h) the registration, renewal or amendment would result in the proposed site for the production of cannabis plants being authorized under more than four registrations; (i) in the case where the applicant intends to produce cannabis for their own medical purposes, the applicant is not eligible under subsection 309 (2) or (3); and (j) in the case where cannabis is to be produced by a designated person, the individual who has been designated is not eligible under section 311 . Power to refuse (2) The Minister may refuse to register an applicant or renew or amend a registration if, in the case where cannabis is to be produced by the applicant or a designated person, the registration, renewal or amendment is likely to create a risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity. Notice and opportunity to be heard (3) Before refusing to register an applicant or refusing to amend or renew a registration, the Minister must send the applicant a written notice that sets out the reason for the proposed refusal and give them an opportunity to be heard.
Cannabis Regulations — 318
Revocation of registration 318 (1) The Minister must revoke a registration if (a) the registered person is not eligible under section 309 ; (b) the designated person is not eligible under section 311 ; (c) the registration was issued, amended or renewed on the basis of false or misleading information or false or falsified documents; (d) the health care practitioner who provided the medical document that forms the basis for the registration notifies the Minister in writing that the use of cannabis by the registered person is no longer supported for clinical reasons; (e) the registered person — or an adult who is named in the registration certificate under paragraph 313 (2)(c) — requests, in writing, that the registration be revoked; or (f) the registered person dies. Revocation of excess registrations (2) If a site for the production of cannabis plants is authorized under more than four registrations, the Minister must revoke the excess registrations. Power to revoke (3) The Minister may revoke a registration if, in the case where the registered person or designated person is authorized to produce cannabis, the Minister has reasonable grounds to believe that the revocation is necessary to protect public health or public safety, including to prevent cannabis from being diverted to an illicit market or activity. Conditions of revocation (4) Before revoking a registration, the Minister must (a) in the case where it is to be revoked for a reason set out in any of paragraphs (1)(a) to (d) or subsection (2) or (3), (i) send the registered person a written notice that sets out the reason for the proposed revocation, and (ii) give them an opportunity to be heard; and (b) if applicable, send the designated person a written notice of the proposed revocation. Effect of revocation (5) For greater certainty, if a registration is revoked, the activities that were previously authorized under Subdivision B by virtue of the registration cease to be authorized.
Cannabis Regulations — 319
Notice of revocation 319 (1) If a registration is revoked and the Minister is aware that the registration has formed the basis for a registration with a holder of a licence for sale under Division 1 of this Part, the Minister must provide the holder with a notice of revocation that includes the following information: (a) the given name, surname and date of birth of the individual whose registration has been revoked; (b) the registration number of the revoked registration; and (c) the date of the revocation. Requirement to notify (2) A holder of a licence for sale that is notified under subsection (1) must, if within the previous 48 hours they have asked a holder of a licence for processing or cultivation to send or deliver cannabis products to, or for, the individual whose registration has been revoked, notify the holder of the licence for processing or cultivation, in writing, without delay. Prohibition (3) A holder of a licence for processing or cultivation that is notified under subsection (2) must not send or deliver the cannabis products that they had been asked to send or deliver.
Cannabis Regulations — 320
Definition of production site 320 (1) In this Subdivision, production site means (a) in respect of a registered person, the site, if any, for the production of cannabis plants that is specified in their registration certificate under paragraph 313 (2)(k); and (b) in respect of a designated person, the site for the production of cannabis plants that is specified in the document that the person receives under subsection 313 (3). Cumulative quantities (2) For greater certainty, (a) the quantities of cannabis that a registered person is authorized to obtain by cultivation, propagation and harvesting, or to send, deliver, transport or possess, by virtue of a registration under this Division are in addition to any other quantities that they are permitted to obtain by cultivation, propagation and harvesting, or to send, deliver, transport or possess, under the Act; and (b) the quantities of cannabis that a designated person is authorized to obtain by cultivation, propagation and harvesting, or to send, deliver, transport, sell or possess, by virtue of a registration under this Division are in addition to any other quantities that they are permitted to obtain by cultivation, propagation and harvesting, or to send, deliver, transport, sell or possess, under the Act.
Cannabis Regulations — 321
Production by registered person 321 (1) A registered person who is registered to produce cannabis for their own medical purposes is, in accordance with the registration and the provisions of this Division, authorized to (a) obtain by cultivation, propagation and harvesting at the production site a quantity of cannabis plants that does not exceed the maximum number of plants that is specified in the registration certificate under paragraph 313 (2)(m); (b) if the production site is different from the place where the registered person ordinarily resides, (i) subject to subsection 326 (2), transport directly from the place of residence to the production site a total quantity of cannabis plants and cannabis plant seeds that, taking into account the seed-to-plant ratio specified in subsection 290 (2), does not exceed the equivalent of the maximum number of plants that is specified in the registration certificate under paragraph 313 (2)(m), and (ii) transport cannabis, other than cannabis plants or cannabis plant seeds, directly from the production site to the place of residence; and (c) if the registration has been renewed or amended and, as a result, the location of the production site or the place of residence of the registered person is changed, transport cannabis directly from the former production site or place of residence to the new production site or place of residence within any period that the Minister may specify under subsection 316 (2). Possession of cannabis (2) A registered person referred to in subsection (1) is authorized to possess the cannabis that they are authorized to obtain by cultivation, propagation and harvesting or to transport under that subsection.
Cannabis Regulations — 322
Production by designated person 322 (1) A designated person is, in accordance with the registration and the provisions of this Division, authorized to (a) obtain by cultivation, propagation and harvesting at the production site a quantity of cannabis plants that does not exceed the maximum number of plants that is specified in the document that the designated person receives under subsection 313 (3); (b) if the production site is different from the place where the designated person ordinarily resides, (i) subject to subsection 326 (2), transport directly from the place of residence to the production site a total quantity of cannabis plants and cannabis plant seeds that, taking into account the seed-to-plant ratio specified in subsection 290 (2), does not exceed the equivalent of the maximum number of plants that is specified in the document that the designated person receives under subsection 313 (3), and (ii) transport cannabis, other than cannabis plants or cannabis plant seeds, directly from the production site to the place of residence; (c) send, deliver, transport or sell to the registered person — or an adult who is named in the document that the designated person receives under subsection 313 (3) — a quantity of cannabis, other than cannabis plants or cannabis plant seeds, that does not exceed the equivalent of the maximum quantity of dried cannabis that is specified in the document; and (d) if the registration has been renewed or amended and, as a result, the location of the production site or the place of residence of the designated person is changed, transport cannabis directly from the former production site or place of residence to the new production site or place of residence within any period that the Minister may specify under subsection 316 (2). Parcel — requirements (2) A designated person who sends or has cannabis delivered under paragraph (1)(c) must (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 or transportation, (ii) it is sealed so that it cannot be opened without the seal being broken, (iii) it prevents the escape of odours associated with cannabis plant material, and (iv) it prevents the contents from being identified without it being opened; and (b) use a method that ensures the tracking and safekeeping of the parcel during transportation. Possession of cannabis (3) A designated person is authorized to (a) possess the cannabis plants and cannabis plant seeds that they are authorized to obtain by cultivation, propagation and harvesting or to transport under paragraph (1)(a), (b) or (d); and (b) possess in a public place the cannabis, other than cannabis plants or cannabis plant seeds, that they are authorized to send, deliver, transport or sell under paragraphs (1)(b) to (d). SOR/2019-206, s. 70
Cannabis Regulations — 323
Participation by registered person 323 If a designated person is specified in a registration certificate, the registered person may, if they are an adult, participate in the activities that the designated person is authorized to conduct under subsection 322 (1).
Cannabis Regulations — 324
Former designated person 324 An individual who ceases to be a designated person may, within seven days after ceasing to be designated, conduct the activities referred to in paragraph 322 (1)(c) in accordance with that paragraph unless the registration has expired or has been revoked.
Cannabis Regulations — 325
Maximum number of plants 325 (1) If the production area is entirely indoors, the maximum number of cannabis plants that may be under production at a production site by virtue of a registration is determined by the formula [(A × 365) ÷ (B × 3C)] × 1.2 where A is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration; B is 30 g, being the expected yield of dried cannabis per plant; and C is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting. Outdoor production only (2) If the production area is entirely outdoors, the maximum number of cannabis plants that may be under production at a production site by virtue of a registration is determined by the formula [(A × 365) ÷ (B × C)] × 1.3 where A is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration; B is 250 g, being the expected yield of dried cannabis per plant; and C is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting. Indoor and outdoor production (3) If the production area is partly indoors and partly outdoors, the maximum number of cannabis plants that may be under production at a production site by virtue of a registration is determined (a) for the indoor production period, by the formula [(A × 182.5) ÷ (B × 2C)] × 1.2 where A is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration, B is 30 g, being the expected yield of dried cannabis per plant, and C is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting; and (b) for the outdoor production period, by the formula [(A × 182.5) ÷ (B × C)] × 1.3 where A is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration, B is 250 g, being the expected yield of dried cannabis per plant, and C is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting. Rounding (4) If the maximum number of cannabis plants determined under this section is not a whole number, it is to be rounded to the next highest whole number.
Cannabis Regulations — 326
Prohibition — production of plants 326 (1) An individual who is authorized to produce cannabis plants under this Division must not cultivate, propagate or harvest them (a) indoors and outdoors at the same time; or (b) outdoors if the production site is adjacent to a school, public playground, daycare facility or other public place frequented mainly by young persons. Time limit — transportation of plants (2) If the production site of an individual who is authorized to produce cannabis plants under this Division is different from the place where the individual ordinarily resides, the individual must not transport to the production site cannabis plants that were ordered in accordance with section 289 if it has been more than seven days after the individual received the plants at their place of residence. SOR/2019-206, s. 71
Cannabis Regulations — 327
Security of cannabis and documents 327 (1) A registered person who is authorized to produce cannabis, or for whom cannabis may be produced by a designated person, under this Division — or, if applicable, any adult who is named in the registration certificate of the registered person — must (a) take reasonable steps to ensure the security of (i) the cannabis in their possession that was produced under this Division, and (ii) the registration certificate, if they possess it; (b) report the theft or loss of anything referred to in paragraph (a) to a police force within 24 hours after becoming aware of the theft or loss; and (c) report the theft or loss of anything referred to in paragraph (a) to the Minister, in writing, within 72 hours after becoming aware of the theft or loss and include confirmation that the requirement set out in paragraph (b) has been complied with. Designated person (2) The requirements set out in subsection (1) also apply to a designated person in respect of (a) cannabis in their possession that they produced under this Division; and (b) the document referred to in subsection 313 (3).
Cannabis Regulations — 328
Disclosure to licensing authorities 328 (1) At any time after receiving a medical document that forms the basis for an application under this Division, the Minister may disclose, in respect of the health care practitioner who is named in the medical document, the following information to the provincial professional licensing authority for the province identified in the medical document under paragraph 273 (1)(b): (a) the given name, surname and business address of the health care practitioner, together with the number assigned by the province to the health care practitioner’s authorization to practise; (b) the daily quantity of dried cannabis that is specified in the medical document; and (c) the name of the province that is specified in the application under paragraph 312 (2)(b). Disclosure after registration (2) At any time after registering an individual under this Division, the Minister may disclose, in respect of the health care practitioner who is named in the medical document that forms the basis for the registration, the following information to the provincial professional licensing authority for the province identified in the document under paragraph 273 (1)(b): (a) the given name, surname and date of birth of the individual who is or was registered with the Minister; (b) the postal code for the address of the place indicated in the medical document as the place where the individual ordinarily resides; (c) the period of use that is specified in the medical document; and (d) the date on which the medical document was signed by the health care practitioner. Definition of health care practitioner (3) In this section, health care practitioner means an individual who is, or was, a medical practitioner or nurse practitioner.
Cannabis Regulations — 329
Disclosure to police 329 The Minister may disclose any of the following information to a Canadian police force, or a member of a Canadian police force, that requests the information in the course of an investigation under the Act, on condition that the information is used only for the purposes of the investigation or the administration and enforcement of the Act or these Regulations: (a) in respect of a named individual, whether the individual is a registered person, a designated person or an adult who is named in a registration certificate under paragraph 313 (2)(c); (b) in respect of a specified address, whether the address is (i) the place where a registered person or designated person ordinarily resides and, if so, the name of that person and the registration number, or (ii) the site where the production of cannabis plants is authorized under a registration and, if so, the registration number, the name of the individual who is authorized to produce and, if that individual is a designated person and the registered person is an adult, the name of the registered person; and (c) in respect of a registration, (i) the given name, surname and date of birth of the registered person and, if applicable, the designated person and any adult who is named in the registration certificate under paragraph 313 (2)(c), (ii) the full address of the place where the registered person and, if applicable, the designated person ordinarily reside, (iii) the registration number, (iv) the maximum quantity of dried cannabis that the registered person is authorized to possess, as indicated in the registration certificate, (v) the effective date and date of expiry of the registration, (vi) if the registration remains valid by virtue of subsection 314 (2), the status of the renewal application, (vii) the full address of the site where the production of cannabis plants is authorized, (viii) whether the authorized production area is indoors, outdoors or partly indoors and partly outdoors, and (ix) the maximum number of cannabis plants that may be produced at the production site and, if applicable, the maximum number of cannabis plants that may be produced for each indoor and outdoor production period.
Cannabis Regulations — 330
Security of cannabis products 330 A health care practitioner must, in respect of cannabis products that they possess for the practice of their profession, (a) take reasonable steps to protect them from theft or loss; and (b) report any theft or loss to the Minister within 10 days after becoming aware of the theft or loss.
Cannabis Regulations — 331
Returned cannabis products 331 (1) A health care practitioner must, if they accept cannabis products that are returned under subsection 292 (3), retain a document that contains the following information: (a) the name of the individual who is returning the cannabis products; (b) the address of the location at which the cannabis products are received; (c) the date on which they are received; (d) the quantity of cannabis that is received; and (e) a description of the cannabis products, including their brand names. Exceptions (2) The health care practitioner is not required to include the information referred to in paragraphs (1)(d) and (e) if (a) they are unable to ascertain the information without unsealing a parcel that meets the requirements of paragraph 292 (4)(a) and the parcel is subsequently sent or delivered to the holder of the licence that originally sold or distributed the cannabis products to or for the client; or (b) in the case of a cannabis accessory that contains cannabis, they are unable to ascertain the information. Retention period (3) The document must be retained for at least two years after the day on which it is prepared.