GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cannabis Regulations — 279
nfirming that (i) the applicant ordinarily resides in Canada, (ii) the information in the application is correct and complete, (iii) the copy of the registration certificate is an accurate reproduction of the original, (iv) if the application is being made to obtain cannabis products other than cannabis plants or cannabis plant seeds, the registration certificate is not being used to seek or obtain the cannabis products from another source, (v) in the case where the applicant is signing the statement, they intend to use any cannabis product that is supplied to them on the basis of the application only for their own medical purposes, and (vi) in the case where an adult who is named in the registration certificate is signing the statement, they are responsible for the applicant. Applicant without ordinary residence (4) 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.
Cannabis Regulations — 280
Health care practitioner’s consent 280 (1) If an application referred to in section 279 includes, as a shipping address, the address of the health care practitioner who provided the applicant with the medical document, the application must include a statement, signed and dated by the health care practitioner, consenting to receive cannabis products, other than cannabis plants and cannabis plant seeds, on the applicant’s behalf. Withdrawal of consent (2) If the applicant becomes a client of a holder of a licence for sale under this Division and the health care practitioner ceases to consent to receive cannabis products on the behalf of the client, the health care practitioner must send a written notice to that effect to the client and the holder.
Cannabis Regulations — 281
Verification of medical document 281 (1) A holder of a licence for sale that intends to register an applicant whose application is based on a medical document must (a) verify that the medical document meets the requirements set out in subsections 273 (1) to (3); (b) verify that, at the time the medical document was provided to the applicant, the individual who provided the document was a health care practitioner who was entitled to practise their profession in the province in which the applicant consulted with them; and (c) verify with the office of the individual referred to in paragraph (b) that the applicant consulted the individual and that the information set out in the medical document is correct and complete. Exception (2) The holder is not required to do the verification referred to in paragraph (1)(c) if the signature of the health care practitioner who provided the medical document is known to the holder. Uncertainty — previous registration (3) The holder must, if it appears that the applicant was previously registered on the basis of the medical document but the information referred to in subsection 288 (1) does not appear on the medical document, (a) take reasonable steps to determine whether the applicant was previously registered on the basis of the medical document; and (b) in the case where they determine that the applicant was previously registered on the basis of the medical document, (i) take reasonable steps to determine the date on which the applicant was first registered on that basis; and (ii) if they determine the date referred to in subparagraph (i), ensure that it appears on the medical document in accordance with subsection 288 (1). Date illegible or incomplete (4) The holder must, if a date of registration appears on the medical document but the date is illegible, incomplete or there is reason to doubt that it is accurate, (a) take reasonable steps to determine the date on which the applicant was first registered on the basis of the medical document; and (b) if they determine the date referred to in paragraph (a), ensure that it appears on the medical document in accordance with subsection 288 (1) unless there are reasonable grounds to believe that the date that already appears on the medical document has been falsified. Unknown date (5) If the holder is, after taking the steps referred to in subparagraph (3)(b)(i) or paragraph (4)(a), unable to determine the date on which the applicant was first registered on the basis of the medical document, they must, if they proceed to register the applicant, indicate on the medical document the information referred to subsection 288 (1) in accordance with the requirements set out in that subsection.
Cannabis Regulations — 282
Registration of client 282 (1) A holder of a licence for sale may, subject to section 284 , register an applicant as a client. Registration document and other information (2) A holder that registers an applicant as a client must provide them with (a) a registration document that contains the following information: (i) the name of the holder, (ii) the client’s given name, surname and date of birth, (iii) the given name and surname of the health care practitioner who provided the client’s medical document, (iv) the given name, surname and date of birth of any adults named in the application under paragraph 279 (2)(f) or in the registration certificate under paragraph 313 (2)(c), as the case may be, (v) an indication of whether the registration is based on a medical document or a registration certificate, (vi) the daily quantity of dried cannabis, expressed in grams, indicated in the medical document or registration certificate, (vii) in the case of a registration that is based on a medical document, the shipping address indicated in the application under paragraph 279 (2)(e), (viii) in the case of a registration that is based on a registration certificate, the shipping address or addresses indicated in the application under paragraph 279 (3)(c) or (d), or both, as applicable, and (ix) the date of expiry of the registration; (b) information that will permit them to use a unique identifier for the purpose of ordering cannabis; and (c) the current version of the document entitled Consumer Information — Cannabis , published by the Government of Canada on its website.
Cannabis Regulations — 283
Expiry of registration 283 A client’s registration with a holder of a licence for sale expires (a) if it is based on a medical document, at the end of the period of validity of the document, as determined in accordance with subsections 273(4) and (5); or (b) if it is based on a registration certificate, when the registration with the Minister expires. SOR/2020-149, s. 2
Cannabis Regulations — 284
Refusal to register 284 (1) A holder of a licence for sale must refuse to register an applicant as a client if (a) the application does not meet the requirements set out in section 279 or, if applicable, subsection 280 (1); (b) the holder 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; (c) the requirements set out in subsection 281 (1) have not been met; (d) the medical document that forms the basis for the application is no longer valid; (e) the registration with the Minister that forms the basis for the application has expired or been revoked; (f) 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 or the copy of the registration certificate that has been submitted; or (g) the health care practitioner who provided the medical document to the applicant notifies the holder in writing that the use of cannabis by the applicant is no longer supported for clinical reasons. Verification requirement (2) The holder must not refuse to register an applicant on the basis that there are reasonable grounds to believe that the medical document is false or falsified unless the holder has contacted the office of the health care practitioner whose name appears in the medical document to ask about the matters referred to in paragraph 281 (1)(c). Notice of intention to refuse (3) If the holder proposes to refuse an applicant for a reason referred to in subsection (1) or a business reason, the holder must, without delay, send the applicant a written notice that sets out the reason for the proposed refusal. Opportunity to be heard (4) If the holder sends a notice under subsection (3), they must not refuse to register the applicant unless the applicant has had 10 days after the day on which the applicant receives the notice to provide reasons why the refusal is unfounded. Notice of refusal to register (5) If the holder is provided with reasons under subsection (4), they must, if they refuse to register the applicant, send the applicant a written notice of the refusal. Return of medical document (6) If the holder refuses to register an applicant whose application is based on a medical document, the holder must, without delay, return the medical document unless (a) it is clear that the document is false or falsified; or (b) the registration is refused for a reason referred to in paragraph (1)(d) or (g). Notice to Minister (7) If the holder refuses to register an applicant whose application is based on a registration certificate, the holder must, as soon as feasible, provide the Minister with a notice that includes the following information: (a) the given name, surname and date of birth of the registered person named in the certificate; (b) the registration number indicated in the certificate; (c) the date of the refusal; and (d) the reasons for the refusal.
Cannabis Regulations — 285
Amendment to registration 285 (1) If there is a change in respect of any of the information provided under section 279 , the client — or, if applicable, an adult who is responsible for them — must, without delay, submit an application to amend the registration to the holder of the licence for sale unless the client has ceased to ordinarily reside in Canada. Content of application (2) The application must include the following information and documents: (a) the new information; (b) if there has been a change to the information referred to in paragraph 279 (2)(a), proof of the change; (c) if applicable, the statement of the health care practitioner consenting to receive cannabis products on behalf of the client, as required by subsection 280 (1); (d) if the application is being submitted by an adult who is responsible for the client but who is not a named responsible adult, the given name, surname and date of birth of the adult; and (e) a statement, signed and dated by the individual who is submitting the application, confirming that (i) the client ordinarily resides in Canada, (ii) the information included in the application is correct and complete, (iii) in the case where the individual who is signing the statement is not the client, they are responsible for the client, and (iv) in the case where the individual who is signing the statement is neither the client nor a named responsible adult, the client and any named responsible adults have been notified of the application. Condition (3) The new information that is included in the application under paragraph (2)(a) must meet the applicable requirements set out in section 279 . Obligation to amend (4) The holder of the licence for sale must, if they receive an application that complies with subsections (2) and (3), amend the client’s registration and provide them with an updated registration document. New responsible adult (5) If a registration is amended on the basis of an application that is signed by an adult who is neither the client nor a named responsible adult, the name of the adult who signed the application must be included in the updated registration document.
Cannabis Regulations — 287
Transfer of medical document 287 (1) A holder of a licence for sale must, without delay, transfer the medical document that forms the basis for a client’s registration to another holder of a licence for sale if (a) the client — or, if applicable, a named responsible adult — requests, or consents to, the transfer; (b) the holder to which the document is to be transferred consents to the transfer; and (c) no revocation of the registration is pending for a reason referred to in any of paragraphs 286 (1)(c) to (g). Requirement to send information (2) The holder that transfers the medical document must send the information contained in the client’s registration document to the holder to which the document is transferred. Requirement to register (3) The holder to which the medical document is transferred must, after receiving the information referred to in subsection (2), register the client and comply with the requirements set out in subsection 282 (2).
Cannabis Regulations — 288
Requirement to indicate date of registration 288 (1) A holder of a licence for sale must, before returning a medical document under subsection 286 (6) or transferring such a document under section 287 , indicate the following information on the document in indelible ink if no date of registration appears on the document: (a) the date on which the client was registered, in the order of day, month and year, preceded by the words “date of registration” or “date d’inscription”; and (b) the name of the holder. Previously registered clients (2) For greater certainty, the obligation in subsection (1) applies in respect of the medical document of an individual who was not registered under this Part but who is a client of the holder by virtue of subsection 158(7) of the Act.
Cannabis Regulations — 289
Authorization to sell 289 (1) Subject to the other provisions of these Regulations, a holder of a licence for sale is authorized to sell cannabis products to a client — or, if applicable, to a named responsible adult — if the holder has received from the client or the named responsible adult (a) a written purchase order that complies with subsection (2); or (b) a verbal purchase order that has been recorded in accordance with subsection (3). Written purchase order (2) A written purchase order must contain the following information: (a) the date on which it is placed; (b) the given name, surname and date of birth of the client; (c) the given name and surname of the individual placing the order; (d) the shipping address specified in the client’s registration document for the cannabis products that are being ordered; (e) the client’s unique identifier; and (f) the names assigned by the holder of the licence for sale to the cannabis products being ordered, the quantities desired and the brand names. Verbal purchase order (3) The record of a verbal purchase order must be in writing and contain the following information: (a) the information referred to in paragraphs (2)(a) to (f); (b) an order number; and (c) the name of the individual with whom the order was placed. New medical document or registration certificate (4) For greater certainty, (a) the authorization to sell cannabis products that is conferred by subsection (1) applies only in respect of the medical document or registration certificate that forms the basis for the client’s registration; (b) if the client wishes to obtain cannabis products from the holder on the basis of a different medical document or registration certificate, they must submit to the holder a new registration application that meets the requirements set out in section 279 and be registered on the basis of that document or certificate; and (c) sections 280 to 284 apply in respect of a registration application referred to in paragraph (b).
Cannabis Regulations — 290
Refusal — purchase order 290 (1) A holder of a licence for sale must refuse to fill a purchase order — and must not ask a holder of a licence for processing or cultivation to fill it — if (a) the order does not meet the requirements of section 289 ; (b) any of the information referred to in paragraph 289 (2)(b), (c) or (d) does not correspond to the information set out in the client’s registration document; (c) the client’s unique identifier referred to in paragraph 289 (2)(e) is not correct; (d) the client’s registration has expired or been revoked; (e) the order specifies cannabis products, other than cannabis plants or cannabis plant seeds, in respect of which the quantities of cannabis exceed the equivalent of 150 g of dried cannabis; (f) in the case of a client who is registered on the basis of a medical document, the order specifies a quantity of cannabis plants or cannabis plant seeds; (g) the order specifies a total quantity of cannabis plants or cannabis plant seeds that, taking into account the seed-to-plant ratio specified in subsection (2), exceeds the maximum number of plants, determined in accordance with section 325 , that are authorized to be under production by virtue of the client’s registration with the Minister; or (h) the order has been previously filled. Seed-to-plant ratio (2) For the purpose of paragraph (1)(g), three cannabis plant seeds are equivalent to one cannabis plant. Notice of refusal (3) If the holder of the licence refuses to fill a purchase order, they must, except in the case of a refusal for a reason referred to in paragraph (1)(d), send the client a written notice that sets out the reason for the refusal.
Cannabis Regulations — 291
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. 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. 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. 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.
Cannabis Regulations — 292
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. 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. 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. 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. 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). SOR/2019-206, s. 68
Cannabis Regulations — 293
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. 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. 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). 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).
Cannabis Regulations — 294
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 .
Cannabis Regulations — 295
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 . 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 .