Cannabis Regulations (SOR/2018-144)

Marginal note: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.

Marginal note: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  • (d) the medical document that forms the basis for the application is no longer valid;

  • (e) the registration with the Minister that forms the basis for the application has expired or been revoked;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.

• Marginal note: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).

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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).

• Marginal note: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.

Amendment to Registration

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Revocation of Registration

Marginal note:Revocation of registration

• 286 (1) A holder of a licence for sale must, without delay, revoke a client’s registration if

  • (a) the client — or, if applicable, a named responsible adult — requests it;

  • (b) the medical document that forms the basis for the registration is transferred to another holder of a licence for sale under section 287;

  • (c) the holder has reasonable grounds to believe the client has ceased to ordinarily reside in Canada or ceased to have a shipping address in Canada;

  • (d) the holder has reasonable grounds to believe that

    • (i) the registration was made on the basis of false or misleading information provided in, or false or falsified documents provided in support of, the registration application, or

    • (ii) false or misleading information was, or false or falsified documents were, provided in, or in support of, an amendment application under section 285;

  • (e) the health care practitioner who provided the medical document notifies the holder in writing that the use of cannabis by the client is no longer supported for clinical reasons;

  • (f) if the registration is based on a registration certificate, the holder becomes aware that the registration with the Minister has been revoked; or

  • (g) the client dies.

• Marginal note:Revocation for business reason

  (2) A holder of a licence for sale may revoke a client’s registration for a business reason.

• Marginal note:Revocation of all registrations

  (3) A holder of a licence for sale whose licence is revoked must, without delay, revoke the registrations of all of their clients and send each client a written notice that sets out the reason for the revocation.

• Marginal note:Notice

  (4) Before revoking a registration under subsection (1) or (2), the holder must send the client a written notice that sets out the reason for the proposed revocation unless

  • (a) the client has requested that the registration be revoked or that the medical document that forms the basis for the registration be transferred;

  • (b) the named responsible adult, if any, who signed the most recent statement that was included in an application that was submitted under section 279 or 285 to the holder in respect of the client has requested that the registration be revoked or that the medical document that forms the basis for the registration be transferred;

  • (c) the client — or, if applicable, the named responsible adult referred to in paragraph (b) — has consented to the transfer of the medical document that forms the basis for the registration;

  • (d) the client has died; or

  • (e) the holder has received a notice of revocation referred to in subsection 319(1) in respect of the client.

• Marginal note:Opportunity to be heard

  (5) If the holder sends a notice under subsection (4), the holder must not revoke the registration unless the client has had 10 days after the day on which they receive the notice to provide reasons why the revocation is unfounded.

• Marginal note:Medical document

  (6) If the holder revokes a registration that is based on a medical document, they must, without delay, return the document to the client unless

  • (a) it is clear that the document is false or falsified; or

  • (b) the registration is revoked for a reason referred to in paragraph (1)(b), (e) or (g).

• Marginal note:Notice to Minister

  (7) If the holder revokes a registration that is based on a registration certificate, they 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 revocation; and

  • (d) the reason for the revocation.

Transfer of Medical Documents

Marginal note: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).

• Marginal note: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.

• Marginal note: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).

Indication of Date of Registration

Marginal note: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.

• Marginal note: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.

Sale of Cannabis to Clients

Marginal note: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).

• Marginal note: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.

• Marginal note: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.

• Marginal note: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).

Marginal note: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.

• Marginal note:Seed-to-plant ratio

  (2) For the purpose of paragraph (1)(g), three cannabis plant seeds are equivalent to one cannabis plant.

• Marginal note: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.