Cannabis Regulations (SOR/2018-144)

Marginal note:Application for new number

• 263 (1) If a registration number issued for a test kit has been cancelled under section 261, the manufacturer or assembler of the test kit or, if the test kit is manufactured or assembled further to a custom order, the person for which the test kit was manufactured or assembled,

  • (a) may apply to the Minister for the issuance of a new registration number in accordance with section 258; and

  • (b) must, in support of the application, provide the Minister with proof that the circumstance that gave rise to the cancellation has been corrected.

• Marginal note:New registration number

  (2) The Minister, after examining the application and supporting proof referred to in subsection (1), must issue a new registration number for the test kit unless there exists a circumstance set out in paragraph 261(1)(b) or (c).

PART 14Access to Cannabis for Medical Purposes

Interpretation

Marginal note:Definitions

• 264 (1) The following definitions apply in this Part.

  adult

  adult means an individual who is 18 years of age or older. (adulte)

  designated person

  designated person means an individual who is designated by a registered person, in accordance with Division 2 of this Part, to produce cannabis for the medical purposes of the registered person. (personne désignée)

  former Marihuana for Medical Purposes Regulations

  former Marihuana for Medical Purposes Regulations means the regulations made by Order in Council P.C. 2013-645 of June 6, 2013 and registered as SOR/2013-119. (ancien Règlement sur la marihuana à des fins médicales)

  health care practitioner

  health care practitioner means, except as otherwise provided, a medical practitioner or a nurse practitioner. (praticien de la santé)

  licence for sale

  licence for sale means a licence for sale for medical purposes. (licence de vente)

  medical document

  medical document means a document provided by a health care practitioner to support the use of cannabis for medical purposes. (document médical)

  medical practitioner

  medical practitioner means an individual who

  • (a) is entitled under the laws of a province to practise medicine in that province;

  • (b) is not restricted, under the laws of the province in which they practise, from authorizing the use of cannabis; and

  • (c) is not named in a notice issued under section 335 that has not been retracted. (médecin)

  named responsible adult

  named responsible adult means, in respect of a client, an adult who is named in the client’s registration document under subparagraph 282(2)(a)(iv) or subsection 285(5). (responsable nommé)

  nurse practitioner

  nurse practitioner means an individual who

  • (a) is entitled under the laws of a province to practise as a nurse practitioner or an equivalent designation and is practising as a nurse practitioner or an equivalent designation in that province;

  • (b) is not restricted, under the laws of the province in which they practise, from authorizing the use of cannabis; and

  • (c) is not named in a notice issued under section 335 that has not been retracted. (infirmier praticien)

  provincial professional licensing authority

  provincial professional licensing authority means

  • (a) except in sections 343 to 345, an authority that is responsible for

    • (i) authorizing the practise of medicine in a province, or

    • (ii) authorizing individuals to practise as nurse practitioners in a province; and

  • (b) in sections 343 to 345, an authority that is responsible for authorizing individuals to practise pharmacy in a province. (autorité provinciale attributive de licences en matière d’activités professionelles)

  registered person

  registered person means an individual who is registered with the Minister under subsection 313(1). (personne inscrite)

  registration certificate

  registration certificate means a certificate issued by the Minister under subsection 313(1). (certificat d’inscription)

  registration document

  registration document means a document provided under paragraph 282(2)(a) to a client by a holder of a licence for sale. (document d’inscription)

  written order

  written order means a written authorization given by a health care practitioner that a stated amount of cannabis be dispensed for the individual named in the authorization. (commande écrite)

• Marginal note:Equivalent designation — nurse practitioner

  (2) For the purpose of paragraph (a) of the definition of nurse practitioner, a designation is equivalent when it designates an individual who

  • (a) is a registered nurse;

  • (b) possesses additional educational preparation and experience related to health care;

  • (c) can autonomously make diagnoses, order and interpret diagnostic tests, prescribe drugs and perform other specific procedures under the laws of a province; and

  • (d) is practising their profession in accordance with one of the following provincial laws, as amended from time to time, or a similar law in another province:

    • (i) the Extended Practice Regulation, Man. Reg. 43/2005, made under The Registered Nurses Act, C.C.S.M., c. R40,

    • (ii) Ontario Regulation 275/94, made under the Nursing Act, 1991, S.O. 1991, c. 32, or

    • (iii) the Regulation respecting the classes of specialization of the Ordre des infirmières et infirmiers du Québec for the activities referred to in section 36.1 of the Nurses Act to be engaged in, CQLR, c. I-8, r. 8, made under the Nurses Act of Quebec, CQLR, c. I-8.

• Marginal note:Equivalent quantity — cannabis

  (3) In the following provisions, the equivalency of a quantity of cannabis is to be determined in accordance with subsection 2(4) of the Act:

  • (a) subsections 266(2), (3), (4), (6) and (7);

  • (b) subsections 267(2) to (5);

  • (c) paragraph 290(1)(e);

  • (d) subsection 292(4);

  • (e) subsection 293(1);

  • (f) subparagraph 297(1)(e)(iii);

  • (g) paragraph 322(1)(c);

  • (h) paragraph 348(3)(a); and

  • (i) subsection 350(2).

Non-application

Marginal note:Drugs containing cannabis

265 This Part does not apply in respect of a drug containing cannabis.

Possession

Marginal note:Possession in public place — adults

• 266 (1) The following individuals are authorized to possess, in a public place, cannabis — other than cannabis plants or cannabis plant seeds — that has been obtained under the Act, subject to the applicable maximum amounts and purposes set out in this section:

  • (a) an adult who is registered with a holder of a licence for sale on the basis of a medical document;

  • (b) an adult who is a registered person;

  • (c) an adult who, directly or indirectly, obtained the cannabis as an inpatient or outpatient of a hospital;

  • (d) an adult who is named in a registration document or a registration certificate as being responsible for an individual referred to in paragraph (a) or (b) or 267(1)(a) or (b) and who possesses the cannabis for the medical purposes of that individual;

  • (e) an adult who is responsible for an individual referred to in paragraph (c) or 267(1)(c) and who possesses the cannabis for the medical purposes of that individual; and

  • (f) an adult who possesses the cannabis in the presence of an individual referred to in paragraph (a), (b) or (c) or 267(1)(a), (b) or (c) for the purpose of providing assistance in administering it to the individual.

• Marginal note:Client registered on basis of medical document

  (2) The maximum amount of cannabis that an adult referred to in paragraph (1)(a) is authorized to possess in a public place, for their own medical purposes, is an amount that is equivalent to the lesser of

  • (a) 30 times the daily quantity of dried cannabis indicated in their registration document or, if they have more than one registration document, 30 times the total of the daily quantities indicated in the registration documents, and

  • (b) 150 g of dried cannabis.

• Marginal note:Registered person

  (3) The maximum amount of cannabis that an adult referred to in paragraph (1)(b) is authorized to possess in a public place, for their own medical purposes, is an amount that is equivalent to the lesser of

  • (a) 30 times the daily quantity of dried cannabis indicated in their registration certificate, and

  • (b) 150 g of dried cannabis.

• Marginal note:Hospital patient

  (4) The maximum amount of cannabis that an adult referred to in paragraph (1)(c) is authorized to possess in a public place, for their own medical purposes, is an amount that is equivalent to the lesser of

  • (a) 30 times the daily quantity of dried cannabis indicated on the hospital label that is applied to the container in which the cannabis was provided to or for them, and

  • (b) 150 g of dried cannabis.

• Marginal note:Responsible adult

  (5) The maximum amount of cannabis that an adult referred to in paragraph (1)(d) or (e) is authorized to possess in a public place, for the medical purposes of the individual for whom they are responsible, is the maximum amount that the individual is authorized to possess under subsection (2), (3) or (4) or 267(2), (3) or (4), as the case may be.

• Marginal note:Adult providing assistance

  (6) The maximum amount of cannabis that an adult referred to in paragraph (1)(f) is authorized to possess in a public place, for the purpose of providing assistance in administering cannabis to the individual referred to in that paragraph, is an amount equivalent to the lesser of

  • (a) the daily quantity of dried cannabis indicated in the individual’s registration document or registration certificate or on the hospital label that is applied to the container in which the cannabis was provided to or for the individual, as the case may be, or in the case where the individual has more than one registration document, or one or more registration documents and a registration certificate, the total of the daily quantities, and

  • (b) 150 g of dried cannabis.

• Marginal note:Exception

  (7) This section does not authorize an adult who is referred to in more than one of paragraphs (1)(a) to (c) to possess, for their own medical purposes, more than the equivalent of 150 g of dried cannabis.

Marginal note:Possession — young persons

• 267 (1) The following young persons are authorized to possess cannabis — other than cannabis plants or cannabis plant seeds — that has been obtained under the Act, subject to the applicable maximum amounts and purposes set out in this section:

  • (a) a young person who is registered with a holder of a licence for sale on the basis of a medical document;

  • (b) a young person who is a registered person; and

  • (c) a young person who, directly or indirectly, obtained the cannabis as an inpatient or outpatient of a hospital.

• Marginal note:Client registered on basis of medical document

  (2) The maximum amount of cannabis that a young person referred to in paragraph (1)(a) is authorized to possess, for their own medical purposes, is an amount that is equivalent to the lesser of

  • (a) 30 times the daily quantity of dried cannabis indicated in their registration document or, if they have more than one registration document, 30 times the total of the daily quantities indicated in the registration documents, and

  • (b) 150 g of dried cannabis.

• Marginal note:Registered person

  (3) The maximum amount of cannabis that a young person referred to in paragraph (1)(b) is authorized to possess, for their own medical purposes, is an amount that is equivalent to the lesser of

  • (a) 30 times the daily quantity of dried cannabis indicated in their registration certificate, and

  • (b) 150 g of dried cannabis.

• Marginal note:Hospital patient

  (4) The maximum amount of cannabis that a young person referred to in paragraph (1)(c) is authorized to possess, for their own medical purposes, is an amount that is equivalent to the lesser of

  • (a) 30 times the daily quantity of dried cannabis indicated on the hospital label that is applied to the container in which the cannabis was provided to or for them, and

  • (b) 150 g of dried cannabis.

• Marginal note:Exception

  (5) This section does not authorize a young person who is referred to in more than one of paragraphs (1)(a) to (c) to possess, for their own medical purposes, more than the equivalent of 150 g of dried cannabis.

Marginal note:Cumulative quantities

268 Any quantity of cannabis that an individual is authorized to possess under section 266 or 267 is in addition to any other quantity of cannabis that the individual may possess under the Act.

Distribution

Marginal note:Distribution of cannabis

• 269 (1) In addition to any other quantity of cannabis that they may distribute under the Act, an adult referred to in paragraph 266(1)(d) or (e) is authorized to distribute — but not send or otherwise indirectly make available — to the individual for whom they are responsible, or transport for that individual, a quantity of cannabis, other than cannabis plants or cannabis plant seeds, that does not exceed the maximum amount that the adult is authorized to possess under subsection 266(5).

• Marginal note:Assistance by adult

  (2) In addition to any other quantity of cannabis that they may distribute under the Act, an adult referred to in paragraph 266(1)(f) is authorized to administer, give, transfer, provide or otherwise directly make available to the individual to whom the assistance is being provided a quantity of cannabis, other than cannabis plants or cannabis plant seeds, that does not exceed the maximum amount that the adult is authorized to possess under subsection 266(6).

Non-application of Section 71 of Act

Marginal note:Non-application of section 71 of Act

270 Despite section 71 of the Act, an authorization to possess, sell, distribute or produce cannabis that is conferred by this Part on an adult referred to in paragraphs 266(1)(a) to (f), a young person referred to in paragraphs 267(1)(a) to (c) or a designated person does not authorize an employee or agent or mandatary of the adult, young person or designated person — or a person who is acting under a contract with the adult, young person or designated person — to do anything that is prohibited by a provision of Division 1 of Part 1 of the Act.

Health Care Practitioners

Marginal note:Prohibition

271 A health care practitioner must not provide a medical document or issue a written order except as authorized under this Part.