G/TBT/N/CAN/496  
 
12 September 2016  
(16-4792) Page: 1/2 
Committee on Technical Barriers to Trade  Original : English/French  
 
  NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member : CANADA  
If applicable, name of local government involved  (Article 3.2 and 7.2) : 
2. Agency responsible : Department of Health  
Name and address ( including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification  shall be indicated if different from above : 
Canada's Notification Authority and Enquiry Point  
Global Affairs Canada  
Technical Barriers and Regulations Division  
111 Sussex Drive, Ottawa, ON K1A 0G2  
Tel:(343)203 -4273  
Fax: 613-943-0346 
Email : enquirypoint@international.gc.ca   
3. Notified under Ar ticle 2.9.2 [  ], 2.10.1 [ X], 5.6.2 [  ], 5.7.1 [  ], other : 
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable) : Controlled substances 
(HS: 12.11; ICS : 11.120 ). Plants and parts of plants (including seeds and fruits), of a kind 
used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, 
fresh or dried, whether or not cut, crushed or powdered  (HS: 1211) . Pharmaceutics 
(ICS: 11.120)  
5. Title, number of pages  and language(s)  of the notified document : Access to Cannabis 
for Medical Purposes Regulations (134 pages, available in English and French); Cannabis 
Exemption (Food and Drugs Act) Regulations (2 pages, available in English and Frenc h) ...  
6. Description of content : Cannabis is listed as a controlled substance under the Controlled 
Drugs and Substances Act (CDSA).  
The former Marihuana for Medical Purposes Regulations  (MMPR) came into force in 
June 2013 and replaced the previous Marih uana Medical Access Regulations  (MMAR). The 
MMPR created the conditions for a commercial industry that p roduced and distributed 
quality -controlled dried marijuana to individuals who have the support of their health care 
practitioner.  
In the decision render ed on February 24, 2016, in Allard v. Canada , the Federal Court of 
Canada found the MMPR unconstitutional in that they did not provide Canadians with 
reasonable access to marijuana for medical purposes. The Access to Cannabis for Medical 
Purposes Regulatio ns (ACMPR) respond to the decision in Allard v. Canada  by providing 
individuals with a greater range of options to access cannabis for medical purposes. Under 
the ACMPR, individuals who need cannabis for medical purposes have three options by 
which to acce ss cannabis : through commercial licensed producers, by producing it 
themselves (personal production), or by designating someone to produce it for them 
(designated production).  G/TBT/N/CAN/496  
 
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  The ACMPR substantively incorporate the regulatory framework established under t he 
former MMPR for commercial licensed producers and the one established under the former 
MMAR for personal and designated production.  
While the former MMPR and MMAR restricted access to dried marijuana, the ACMPR allow 
for the production and possession o f cannabis in forms other than dried further to the 
Supreme Court of Canada decision in R. v. Smith.  While the Minister of Health issued 
exemptions under section 56 of the CDSA to respond to the R. v. Smith  decision, the 
relevant exemptions were incorporat ed into ACMPR to more clearly articulate regulatory 
requirements and simplify the regulatory framework governing cannabis for medical 
purposes.  
In addition, the Cannabis Exemption (Food and Drugs Act) Regulations, which replace the 
Marihuana Exemption (Foo d and Drugs Act) Regulations , exempt cannabis produced, or 
marijuana imported or exported in accordance with the ACMPR, from the application of the 
Food and Drug Regulations (FDR). For example, cannabis produced and sold in accordance 
with the ACMPR does n ot have to undergo the market authorization process in Canada 
before it is produced and sold in Canada.  
Import/Export  
Canada's regime has been established as a result of court decisions to meet the needs of 
eligible individuals in Canada by enabling reason able access to cannabis for medical 
purposes in a timely manner. The regime is neither intended to make Canada an exporter 
of cannabis, nor to enable importation as an alternative to domestic production. As such, 
the framework for import and export establi shed under the previous regulatory framework 
will continue under the ACMPR.  
Those who wish to conduct trade activities with cannabis are subject to the requirements 
of the ACMPR, the Narcotic Control Regulations,  and the Food and Drug Regulations  as 
appro priate.  
7. Objective and rationale , including the nature of urgent problems where 
applicable : The objective of the ACMPR is to provide Canadians with a greater range of 
options to access cannabis for medical purposes in order to address the issue of 
reaso nable access as identified by the Federal Court of Canada.  
8. Relevant documents : Canada  Gazette , Part II, 24 August 2016, Pages 3246 -3416 
(available in English and French) : http://www.gazette.gc.ca/rp -pr/p2/2016/2016 -08-
24/pdf/g2 -15017.pdf  (SOR-2016-230-231) 
9. Proposed date of adoption : 24 August 2016  
Proposed date of entry into force : 24 August 2016   
10. Final date for comments : Not applicable  
11. Texts available from : National enquiry point  [X] or address, telephone and fax 
number s and e mail and web site address es, if available , of other body:  
The electronic version of the regulatory text can be downloaded at : 
http://laws.justice.gc.ca/PDF/SOR -2016-230.pdf   
http://laws.justice.gc.ca/eng/regulations/SOR -2016-230/FullText.html   
http://laws.justice.gc.ca/fra/reglements/DORS -2016-230/TexteComplet.html   
http://laws.justice.gc.ca/PDF/SOR -2016-231.pdf   
http://laws.justice.gc.ca/eng/reg ulations/SOR -2016-231/page -1.html   
http://laws.justice.gc.ca/fra/reglements/DORS -2016-231/page -1.html