Cannabis Regulations (SOR/2018-144)

Marginal note:Retention

73 A holder of a licence referred to in subsection 62(1) must retain

• (a) the following visual recordings made under section 64 or 70 for at least one year after the day on which they are made:

  • (i) if they are made using a visual recording device that is activated by motion, the visual recordings depicting movements only, and

  • (ii) if they are made using a visual recording device that does not have this feature, all of those recordings; and

• (b) the document referred to in subsection 72(3) for at least two years after the day on which it is prepared.

• (c) [Repealed, SOR/2025-43, s. 20]

DIVISION 2Other Licences

Marginal note:Micro-cultivation, micro-processing and nurseries

74 A holder of a licence for micro-cultivation, micro-processing or a nursery must ensure that the following security measures are complied with in respect of the site set out in the licence:

• (a) the site is designed in a manner that prevents unauthorized access;

• (b) the site is surrounded by a physical barrier that prevents unauthorized access;

• (c) storage areas are surrounded by a physical barrier that prevents unauthorized access; and

• (d) access to each storage area is restricted to individuals whose presence in the area is required by their duties.

Marginal note:Analytical testing

75 A holder of a licence for analytical testing must ensure that the following security measures are complied with in respect of the site set out in the licence:

• (a) storage areas are surrounded by a physical barrier that prevents unauthorized access; and

• (b) access to each storage area is restricted to individuals whose presence in the area is required by their duties.

Marginal note:Cannabis drug licences

• 76 (1) If the amount of cannabis that is sold or distributed to the holder of a cannabis drug licence is not equivalent, as determined in accordance with the table to section 21, to more than 600 kg of dried cannabis per calendar year, the holder must ensure that

  • (a) if they only conduct analytical testing, the security measures set out in paragraphs 75(a) and (b) are complied with in respect of the site set out in the licence; and

  • (b) in any other case, the security measures set out in paragraphs 74(a) to (d) are complied with in respect of the site set out in the licence.

• Marginal note:Equivalency

  (2) The cannabis referred to in subsection (1) is exempt from the application of subsection 2(4) of the Act and a quantity referred to in column 2 of the table to section 21 in respect of any class of cannabis referred to in column 1 is deemed to be equivalent to 1 kg of dried cannabis.

Marginal note:Research

77 A holder of a licence for research must ensure that operations areas at the site set out in the licence are designed in a manner that prevents unauthorized access.

DIVISION 3Exemptions

Marginal note:Exemptions — operations area

• 78 (1) A holder of a licence referred to in subsection 62(1) is exempt from the application of subsections 70(1), 71(1) and 72(1) in respect of any operations area if no activities conducted under the licence are in progress in the operations area and no cannabis is present in the operations area.

• Marginal note:Exemption — cannabis drug licence

  (2) A holder of a cannabis drug licence is exempt from the application of this Part in respect of the site set out in the licence if they are securely storing cannabis in accordance with the Directive on Physical Security Requirements for Controlled Substances and Drugs Containing Cannabis, as amended from time to time and published by the Government of Canada on its website.

PART 5Good Production Practices

Definitions

Marginal note:Definitions

78.1 The following definitions apply in this Part.

acceptable level

acceptable level means a level of a biological, chemical or physical hazard that does not present a risk of contamination of cannabis or anything that will be used as an ingredient. (niveau acceptable)

control measure

control measure means a measure that can be applied to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of cannabis or anything that will be used as an ingredient, or to reduce the hazard to an acceptable level. (mesure de contrôle)

critical control point

critical control point means a step at which the application of a control measure is essential to prevent or eliminate any biological, chemical or physical hazard that presents a risk of contamination of cannabis or anything that will be used as an ingredient, or to reduce the hazard to an acceptable level. (point de contrôle critique)

sanitary condition

sanitary condition means a condition that does not present a risk of contamination, allergen cross-contamination or introduction of an extraneous substance to cannabis or anything that will be used as an ingredient. (conditions hygiéniques)

General Requirements

Marginal note:Sale, distribution and exportation — cannabis

79 A holder of a licence must not sell, distribute or export cannabis unless the applicable requirements set out in sections 80 to 88.94 have been met.

Marginal note:Non-application — person not holding a licence

79.1 The requirements of this Part do not apply to any activity that a person conducts in respect of anything that will be used as an ingredient unless the activity is conducted by a holder of a licence.

Marginal note:Non-application — holder of licence for analytical testing or research

79.2 Sections 80 to 87.1 do not apply to

• (a) a holder of a licence for analytical testing; or

• (b) a holder of a licence for research, except in respect of non-therapeutic research on cannabis.

Marginal note:Non-application — reference standard

79.3 The requirements of this Part do not apply in respect of a reference standard and anything that will be used as an ingredient in the production of a reference standard.

Marginal note:Standard operating procedures

80 Cannabis and anything that will be used as an ingredient must be produced, packaged, labelled, distributed, stored, sampled and tested in accordance with standard operating procedures that are designed to ensure that those activities are conducted in accordance with the applicable requirements of this Part and Part 6.

Marginal note:Pest control product

• 81 (1) Cannabis must not be treated with a pest control product unless the product is registered for use on cannabis under the Pest Control Products Act or is otherwise authorized for use under that Act.

• Marginal note:Exception — edible cannabis

  (2) Despite subsection (1), edible cannabis may be treated during the course of production with a pest control product referred to in subparagraph 3(1)(b)(ii) of the Pest Control Products Regulations.

Marginal note:Sanitizers, agronomic inputs and non-food chemical agents

81.1 Any sanitizer, agronomic input or non-food chemical agent that is present at a site must

• (a) be properly and clearly identified;

• (b) be suitable for its intended use and not present a risk of contamination of cannabis or anything that will be used as an ingredient; and

• (c) be handled and used in a manner that does not present a risk of contamination of cannabis or anything that will be used as an ingredient and that is in accordance with the manufacturer’s instructions.

Marginal note:Storage

82 Cannabis and anything that will be used as an ingredient must be stored under conditions that maintain their quality.

Marginal note:Distribution

83 Cannabis and anything that will be used as an ingredient must be distributed in a manner that maintains their quality.

Marginal note:Building or part of building

84 Any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled, stored or tested must be designed, constructed and maintained in a manner that permits those activities to be conducted appropriately and under sanitary conditions and, in particular, that

• (a) permits the building or part of the building to be kept clean and orderly;

• (b) permits the effective cleaning of all surfaces in the building or part of the building;

• (c) prevents the contamination of the cannabis or thing that will be used as an ingredient; and

• (d) prevents the introduction of an extraneous substance to the cannabis or thing that will be used as an ingredient.

Marginal note:System — filtration and ventilation

• 85 (1) Any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled, stored or tested must be equipped with a system that

  • (a) filters air to prevent the escape of odours associated with cannabis plant material to the outdoors;

  • (b) provides natural or mechanical ventilation with sufficient air exchange to provide clean air and to remove unclean air in order to prevent the contamination of the cannabis or thing that will be used as an ingredient;

  • (c) is accessible and, if necessary for its cleaning, maintenance or inspection, is capable of being disassembled;

  • (d) is capable of withstanding repeated cleaning; and

  • (e) functions in accordance with its intended use.

• Marginal note:Exception — cultivation, propagation or harvesting of cannabis

  (2) Paragraph (1)(b) does not apply in respect of any building or part of a building where the only activities being conducted in respect of cannabis are its cultivation, propagation or harvesting.

• Marginal note:Exception — cultivation, propagation or harvesting of anything used as an ingredient

  (3) Paragraphs (1)(b) to (e) do not apply in respect of any building or part of a building where the only activities being conducted in respect of anything that will be used as an ingredient are its cultivation, propagation or harvesting.

Marginal note:Supply of water

• 85.1 (1) Any system that supplies water to a site must be appropriate for any activity being conducted in respect of cannabis or anything that will be used as an ingredient.

• Marginal note:Cross-connection

  (2) Any system that supplies potable water to a site must not be cross-connected with any other system, unless measures are taken to eliminate any risk of contamination of cannabis or anything that will be used as an ingredient as a result of the cross-connection.

Marginal note:Lighting

• 85.2 (1) Any building or part of a building where cannabis or anything that will be used as an ingredient is produced, packaged, labelled, stored or tested must be equipped with natural or artificial lighting that is appropriate for the activity being conducted.

• Marginal note:Light fixtures

  (2) Any light fixtures in the building or part of the building where the activities referred to in subsection (1) are conducted must

  • (a) be capable of withstanding repeated cleaning and, if necessary to prevent contamination of the cannabis or thing that will be used as an ingredient, repeated sanitizing; and

  • (b) not present a risk of contamination of the cannabis or thing that will be used as an ingredient in the event of breakage.

Marginal note:Equipment

• 86 (1) Cannabis and anything that will be used as an ingredient must be produced, packaged, labelled, stored, sampled and tested using equipment that is designed, constructed, maintained, operated and arranged in a manner that

  • (a) permits the effective cleaning of its surfaces;

  • (b) permits it to function in accordance with its intended use;

  • (b.1) is accessible and, if necessary for its cleaning, maintenance or inspection, is capable of being easily disassembled;

  • (c) prevents the contamination of the cannabis or thing that will be used as an ingredient;

  • (d) prevents the introduction of an extraneous substance to the cannabis or thing that will be used as an ingredient; and

  • (e) protects the cannabis or thing that will be used as an ingredient against allergen cross-contamination.

• Marginal note:Conveyances

  (1.1) Cannabis and anything that will be used as an ingredient must be distributed using a conveyance that is designed, constructed, maintained and operated in a manner that prevents the contamination of the cannabis or thing that will be used as an ingredient.

• Marginal note:Non-application

  (2) Paragraphs (1)(d) and (e) do not apply to the outdoor cultivation, propagation or harvesting of cannabis or anything that will be used as an ingredient.