Cannabis Regulations (SOR/2018-144)

PART 15Transitional Provisions

Marginal note:Licences — former Access to Cannabis for Medical Purposes Regulations

354 A licence issued under the former Access to Cannabis for Medical Purposes Regulations, as set out in column 1 of the table to this section, is deemed to be a licence of the class set out in column 2, and one of the licences of the subclass set out in column 3 if the holder of the licence meets the requirements, if any, in that column for that subclass.

Marginal note:Licences — Narcotic Control Regulations

• 355 (1) A licence issued under the Narcotic Control Regulations as they read immediately before the day on which these Regulations come into force, as set out in column 1 of the table to this section, is deemed to be a licence of the class set out in column 2 and, if applicable, one of the licences of the subclass set out in column 3 if the holder of the licence meets the requirements in that column and, despite subsections 159(1) and (4) of the Act, continues in force until December 31, 2019, unless it is revoked before that date.

• Marginal note:Licences not set out in table

  (2) A licence issued under section 9.2 of the Narcotic Control Regulations, as they read immediately before the day on which these Regulations come into force, that is not set out in column 1 of the table to this section is deemed to be a licence for processing.

• Marginal note:Sale

  (3) The holder of a licence referred to in subsection (2) is not authorized to sell cannabis to any person unless they are authorized to do so as a condition of their licence.

  	Column 1	Column 2	Column 3
  Item	Licence issued under the Narcotic Control Regulations as they read immediately before the day on which these Regulations come into force	Class of licence	Subclass of licence and requirements
  1	Licence issued under section 9.2 authorizing the cultivation of marihuana for scientific purposes	Licence for research
  2	Licence issued under section 9.2 authorizing the obtaining of extracts from samples of cannabis for the analysis of cannabinoids	Licence for analytical testing
  3	Licence issued under section 9.2 authorizing the production, making or assembly of a test kit containing cannabis	Licence for processing	Licence for standard processing if the requirements in Division 1 of Part 4 are met
  			Licence for micro-processing if the requirements in sections 21 and 74 are met
  4	Licence issued under section 9.2 authorizing the production of cannabis for the purpose of conducting testing to determine its chemical characterization	Licence for processing	Licence for standard processing if the requirements in Division 1 of Part 4 are met
  			Licence for micro-processing if the requirements in sections 21 and 74 are met
  5	Licence issued under section 9.2 authorizing the possession, sale or distribution of a drug containing cannabis	Cannabis drug licence
  6	Licence issued under section 67 authorizing the cultivation, gathering or production of cannabis for scientific purposes	Licence for research

Marginal note:Non-application — sections 12, 15, 23 and 38

• 356 (1) For a three-month period that begins on the day on which these Regulations come into force, sections 12, 15, 23 and 38 do not apply to a holder of a licence set out in column 3 of the table to section 354 or in items 1 to 4 and 6, column 2, of the table to section 355.

• Marginal note:Name of individuals to Minister

  (2) The holder of the licence must, within that period, provide the Minister with the names of the individuals who will be designated for the positions referred to in section 12, 15, 23 or 38, as the case may be.

Marginal note:Quality assurance person

357 Every quality assurance person designated under paragraph 75(1)(a) of the former Access to Cannabis for Medical Purposes Regulations by the holder of a licence set out in column 1 of the table to section 354 is deemed to be a quality assurance person under subsection 19(1).

Marginal note:Senior person in charge

358 Every senior person in charge designated under paragraph 32(1)(a) of the former Access to Cannabis for Medical Purposes Regulations by the holder of a licence set out in column 1 of the table to section 354 is deemed to be a responsible person under subsection 37(1).

Marginal note:Security clearance

• 359 (1) A holder of a licence set out in column 3 of the table to section 354 or in column 2 of the table to section 355 must, within three months after the day on which these Regulations come into force,

  • (a) provide the Minister with the name and position of any individual who does not hold a security clearance, but is required to do so under section 50; and

  • (b) ensure that any individual referred to in paragraph (a) submits an application for a security clearance.

• Marginal note:Non-application — section 50

  (2) An individual referred to in paragraph (1)(a) who is not ineligible to apply for a security clearance by virtue of section 61 is not required to comply with section 50 until the occurrence of one of the following events:

  • (a) the three-month period that begins on the day on which these Regulations come into force expires without the individual having submitted an application for a security clearance;

  • (b) the Minister grants a security clearance to the individual;

  • (c) the individual is notified under subsection 55(2) that the Minister has refused to grant the security clearance; or

  • (d) the individual withdraws their application for the security clearance before the Minister makes a decision in respect of it.

Marginal note:Packaging and labelling

360 For a six-month period that begins on the day on which these Regulations come into force, section 106 does not apply to a holder of a licence for sale for medical purposes, as set out in item 3, column 3, of the table to section 354, that sells, sends or delivers a cannabis product under section 289 or 291, if the holder complies with sections 80 to 86 and sections 90 and 91 of the former Access to Cannabis for Medical Purposes Regulations and the sale of that cannabis product would have been permitted under those Regulations.

Marginal note:Individual in charge of premises

• 361 (1) Every individual in charge of the premises to which a licence that is referred to in item 5, column 1, of the table to section 355 applies is deemed to be a senior person in charge under section 149.

• Marginal note:Qualified person in charge

  (2) Every qualified person in charge designated under paragraph 8.3(1)(a) of the Narcotic Control Regulations, as they read immediately before the day on which these Regulations come into force, by a holder of a licence referred to in item 5, column 1, of the table to section 355 is deemed to be the qualified person in charge under subsection 150(1).

• Marginal note:Alternate qualified person in charge

  (3) Every alternate qualified person in charge designated under to paragraph 8.3(1)(b) of the Narcotic Control Regulations, as they read immediately before the day on which these Regulations come into force, by a holder of a licence referred to in item 5, column 1, of the table to section 355 is deemed to be an alternate qualified person in charge under subsection 150(2).

Marginal note:Registration document

362 For a six-month period that begins on the day on which these Regulations come into force, paragraph 282(2)(a) does not apply to a holder of a licence for sale for medical purposes, as set out in item 3, column 3, of the table to section 354, that registers an applicant as a client, if the holder complies with section 87 and paragraph 133(2)(a) of the former Access to Cannabis for Medical Purposes Regulations.

Marginal note:Exemptions — Controlled Drugs and Substances Act

363 Despite subsection 156(1) of the Act, an exemption referred to in that subsection that expires before December 31, 2018 continues in force until December 31, 2018, unless it is revoked before that date.

Marginal note:Retention — Controlled Drugs and Substances Act

364 A person referred to in section 157 of the Act must

• (a) ensure that any record, report, electronic data or other document referred to in that section is retained until the end of the applicable retention period imposed under the Controlled Drugs and Substances Act; and

• (b) if the person is or was the holder of a licence that was issued under the Controlled Drugs and Substances Act, notify the Minister, in writing, of any change to the address of the location at which the document is retained.

Marginal note:Extension of time for compliance

365 For the purposes of subsection 241(1), the information that the holder of a licence that is deemed by section 354 or 355 to be a licence for cultivation, processing or sale would otherwise be required to include in the record referred to in that subsection in the first 90 days after the day on which these Regulations come into force is not required to be included until the 91st day after that day.

PART 16Consequential Amendments and Coming into Force

Consequential Amendments

Food and Drug Regulations

366 [Amendment]

367 [Amendment]

368 [Amendment]

369 [Amendment]

370 [Amendment]

Medical Devices Regulations

371 [Amendment]

Natural Health Products Regulations

372 [Amendment]

Cannabis Exemption (Food and Drugs Act) Regulations

373 [Amendment]

Cannabis Regulations

374 [Amendment]

Coming into Force

Marginal note:

• Footnote ^*375 (1) Subject to subsections (2) to (4), these Regulations come into force on the day on which subsection 204(1) of the Cannabis Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Marginal note:Bill C-74

  (2) If Bill C-74, introduced in the 1st session of the 42nd Parliament and entitled Budget Implementation Act, 2018, No. 1, has not received royal assent on the day on which these Regulations are in force, then paragraphs 29(b), 30(c), 31(d), 155(c), 156(b) and 157(d) of these Regulations come into force on the day on which Bill C-74 receives royal assent.

• Marginal note:Six months after registration

  (3) Section 102 comes into force on the day that, in the sixth month after the month in which these Regulations are registered, has the same calendar number as the day on which they are registered or, if that sixth month has no day with that number, the last day of that sixth month.

• Marginal note:

• S.C. 2012, c. 24

(4) Section 374 comes into force on the day on which section 90 of the Safe Food for Canadians Act comes into force.

• Return to footnote ^*[Note: Regulations, except sections 102 and 374, in force October 17, 2018, see SI/2018-52; section 102 in force December 27, 2018; section 374 in force January 15, 2019, see SI/2018-39.]