What will be required by us once licensed.:
Post# of 56323
Posted On: 06/13/2014 4:06:55 PM
What will be required by us once licensed.:
Documents
147.1 A licensed producer must keep
(a) for each request received from a licensing authority under subsection 102(1), (i) a copy of the request, together with any supporting documentation received,
(ii) a record of the date on which the request and documentation were received,
(iii) a copy of the information that was provided in response to the request,
(iv) a record of the date on which the information was provided, and
(v) a record of the steps that were taken to ensure that the information was securely transmitted to the authority;
(b) a copy of any request or notice received from a licensing authority under section 102.1 and a record of the date on which it was received;
(c) for each instance in which they provide information to a licensing authority under section 102.1, (i) a copy of the information,
(ii) a record of the date on which the information was provided, and
(iii) a record of the steps that were taken to ensure that the information was securely transmitted to the authority; and
(d) in any case where there is no information to provide to a licensing authority for a period referred to in subsection 102.1(3), a copy of the notice sent under subsection 102.1(4).
5. (1) Paragraphs 148(2)(a) and (b) of the French version of the Regulations are replaced by the following:
a) s’agissant de tout avis écrit qu’il doit envoyer dans le cadre du présent règlement, pour une période de deux ans suivant son envoi;
b) s’agissant des renseignements qu’il doit consigner conformément aux articles 134 et 137, au paragraphe 138(1), à l’article 139, aux paragraphes 140(1) et 141(1) et aux articles 144 et 146, pour une période de deux ans suivant le jour de leur consignation;
(2) Subsection 148(2) of the Regulations is amended by striking out “and” at the end of paragraph (k) and by adding the following after paragraph (l):
(m) in the case of a document or record referred to in paragraph 147.1(a), for a period of two years after the day on which the information was provided to the licensing authority;
(n) in the case of a request or notice referred to in paragraph 147.1(b), for a period of two years after the day on which it was received;
(o) in the case of a document or record referred to in paragraph 147.1(c), for a period of two years after the day by which the producer was required to provide the information; and
(p) in the case of a notice referred to in paragraph 147.1(d), for a period of two years after the end of the period to which the notice relates.
6. Section 253 of the Regulations is replaced by the following:
Definitions
253. (1) For the purpose of sections 256 to 266, “authorization to possess”, “designated-person production licence”, “medical practitioner” and “personal-use production licence” have the same meaning as in subsection 1(1) of the Marihuana Medical Access Regulations.
Medical declaration
(2) For the purpose of sections 256 and 259, “medical declaration” means a medical declaration that was made by a medical practitioner in accordance with sections 6 and 8 of the Marihuana Medical Access Regulations.
7. Section 254 of the Regulations is replaced by the following:
Applicable period
254. Section 255 applies until March 31, 2015.
8. Sections 254 and 255 of the Regulations are repealed.
9. (1) The portion of section 256 of the Regulations before paragraph (a) is replaced by the following:
Modified application of Regulations
256. If a registration application under section 108 was made in accordance with section 255 on or before March 31, 2015, the provisions of these Regulations, other than section 129, apply with the following modifications:
(2) Paragraph 256(a) of the Regulations is amended by adding the following after subparagraph (i):
(i.1) paragraph 102(2)(a),
(i.2) subsection 102.1(1),
10. Sections 257 to 259 of the Regulations are replaced by the following:
Modified application of Regulations
259. If a registration application under section 108 was made in accordance with section 258 on or before March 31, 2014, the provisions of these Regulations, other than paragraph 110(a) and section 129, apply with the following modifications:
(a) a reference in sections 1 to 150 to a “medical document” is to be read as a reference to a medical declaration, except in the case of (i) the definition “medical document” in subsection 1(1),
(ii) paragraph 102(2)(a),
(iii) subsection 102.1(1),
(iv) paragraph 128(1)(b), and
(v) a provision referred to in paragraph (b); and
(b) a provision that is referred to in column 1 of the table to this section is to be read as set out in column 2.
TABLE
Item
Column 1
Provision
Column 2
Modified text
1. paragraph 5(a) (a) in the case of dried marihuana obtained from a licensed producer in accordance with a medical declaration, 30 times the daily amount specified in the medical declaration;
2. subparagraph 67(a)(ii) (ii) the name of the medical practitioner who made the client’s medical declaration,
3. section 112 112. (1) A client’s registration expires at the earlier of (a) the day that is one year after the day on which the medical declaration supporting the registration was signed by the medical practitioner, and
(b) if applicable, the day on which the period of usage specified in the medical declaration expires.
(2) For the purpose of paragraph (1)(b), the period of usage begins on the day on which the medical declaration was signed by the medical practitioner.
4. paragraphs 113(d) to (f) (d) more than one year has elapsed since the day on which the medical declaration submitted with the application was signed by the medical practitioner;
(d.1) if applicable, the period of usage specified in the medical declaration has expired, with that period being deemed to have commenced on the day on which the medical declaration was signed by the medical practitioner;
(e) the name or date of birth of the applicant is different from the name or date of birth that appears on the medical declaration;
(f) the medical practitioner who made the medical declaration informs the licensed producer in writing that the use of dried marihuana by the applicant is no longer supported for clinical reasons; or
5. subsection 124(1) (1) A licensed producer must not sell or provide to a client or an individual who is responsible for the client in any 30-day period a total quantity of dried marihuana that exceeds 30 times the daily amount specified in the medical declaration supporting the client’s registration.
11. The Regulations are amended by adding the following after section 259.3:
Licensing Authorities
Additional information — earlier registrations
259.4 (1) A licensing authority that submits — on or before the day that is six months after the day on which this section comes into force — a request under subsection 102.1(1) may indicate in the request that it wishes to receive, in addition to the information referred to in subsection 102.1(2), the same information in respect of any earlier registrations.
Obligation to provide information
(2) If a licensed producer receives a request that has been submitted in accordance with subsection (1), they must provide the licensing authority with the additional information, if any, when they first provide information to the authority under section 102.1. The producer must also comply with the requirements of subsection 102.1(7) in respect of the information.
Recordkeeping requirements
(3) The licensed producer must comply with the requirements of the following provisions in respect of information provided under subsection (2):
(a) paragraph 147.1(c);
(b) subsection 148(1);
(c) paragraph 148(2)(o); and
(d) section 149.
Notice
(4) If the licensed producer has no additional information to provide, they must
(a) send a notice of that fact to the licensing authority;
(b) keep a copy of the notice for two years; and
(c) comply with the requirements of subsection 148(1) and section 149 in respect of the notice.
Former licensed producers
(5) If the licensed producer’s licence expires without being renewed or is revoked, the former licensed producer must comply with the requirements of paragraph 148(1)(a), paragraph 148(2)(o) and section 149 in respect of any information that was provided before the licence expired or was revoked.
COMING INTO FORCE
12. (1) Subject to subsections (2) and (3), these Regulations come into force on the day on which they are registered.
(2) Section 8 comes into force on March 31, 2015.
(3) Section 6 and subsection 9(1) come into force on April 1, 2015.
[24-1-o]
Footnote a
S.C. 1996, c. 19
Footnote 1
C.R.C., c. 1041
Footnote 2
SOR/2013-119
Date modified:2014-06-14
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Documents
147.1 A licensed producer must keep
(a) for each request received from a licensing authority under subsection 102(1), (i) a copy of the request, together with any supporting documentation received,
(ii) a record of the date on which the request and documentation were received,
(iii) a copy of the information that was provided in response to the request,
(iv) a record of the date on which the information was provided, and
(v) a record of the steps that were taken to ensure that the information was securely transmitted to the authority;
(b) a copy of any request or notice received from a licensing authority under section 102.1 and a record of the date on which it was received;
(c) for each instance in which they provide information to a licensing authority under section 102.1, (i) a copy of the information,
(ii) a record of the date on which the information was provided, and
(iii) a record of the steps that were taken to ensure that the information was securely transmitted to the authority; and
(d) in any case where there is no information to provide to a licensing authority for a period referred to in subsection 102.1(3), a copy of the notice sent under subsection 102.1(4).
5. (1) Paragraphs 148(2)(a) and (b) of the French version of the Regulations are replaced by the following:
a) s’agissant de tout avis écrit qu’il doit envoyer dans le cadre du présent règlement, pour une période de deux ans suivant son envoi;
b) s’agissant des renseignements qu’il doit consigner conformément aux articles 134 et 137, au paragraphe 138(1), à l’article 139, aux paragraphes 140(1) et 141(1) et aux articles 144 et 146, pour une période de deux ans suivant le jour de leur consignation;
(2) Subsection 148(2) of the Regulations is amended by striking out “and” at the end of paragraph (k) and by adding the following after paragraph (l):
(m) in the case of a document or record referred to in paragraph 147.1(a), for a period of two years after the day on which the information was provided to the licensing authority;
(n) in the case of a request or notice referred to in paragraph 147.1(b), for a period of two years after the day on which it was received;
(o) in the case of a document or record referred to in paragraph 147.1(c), for a period of two years after the day by which the producer was required to provide the information; and
(p) in the case of a notice referred to in paragraph 147.1(d), for a period of two years after the end of the period to which the notice relates.
6. Section 253 of the Regulations is replaced by the following:
Definitions
253. (1) For the purpose of sections 256 to 266, “authorization to possess”, “designated-person production licence”, “medical practitioner” and “personal-use production licence” have the same meaning as in subsection 1(1) of the Marihuana Medical Access Regulations.
Medical declaration
(2) For the purpose of sections 256 and 259, “medical declaration” means a medical declaration that was made by a medical practitioner in accordance with sections 6 and 8 of the Marihuana Medical Access Regulations.
7. Section 254 of the Regulations is replaced by the following:
Applicable period
254. Section 255 applies until March 31, 2015.
8. Sections 254 and 255 of the Regulations are repealed.
9. (1) The portion of section 256 of the Regulations before paragraph (a) is replaced by the following:
Modified application of Regulations
256. If a registration application under section 108 was made in accordance with section 255 on or before March 31, 2015, the provisions of these Regulations, other than section 129, apply with the following modifications:
(2) Paragraph 256(a) of the Regulations is amended by adding the following after subparagraph (i):
(i.1) paragraph 102(2)(a),
(i.2) subsection 102.1(1),
10. Sections 257 to 259 of the Regulations are replaced by the following:
Modified application of Regulations
259. If a registration application under section 108 was made in accordance with section 258 on or before March 31, 2014, the provisions of these Regulations, other than paragraph 110(a) and section 129, apply with the following modifications:
(a) a reference in sections 1 to 150 to a “medical document” is to be read as a reference to a medical declaration, except in the case of (i) the definition “medical document” in subsection 1(1),
(ii) paragraph 102(2)(a),
(iii) subsection 102.1(1),
(iv) paragraph 128(1)(b), and
(v) a provision referred to in paragraph (b); and
(b) a provision that is referred to in column 1 of the table to this section is to be read as set out in column 2.
TABLE
Item
Column 1
Provision
Column 2
Modified text
1. paragraph 5(a) (a) in the case of dried marihuana obtained from a licensed producer in accordance with a medical declaration, 30 times the daily amount specified in the medical declaration;
2. subparagraph 67(a)(ii) (ii) the name of the medical practitioner who made the client’s medical declaration,
3. section 112 112. (1) A client’s registration expires at the earlier of (a) the day that is one year after the day on which the medical declaration supporting the registration was signed by the medical practitioner, and
(b) if applicable, the day on which the period of usage specified in the medical declaration expires.
(2) For the purpose of paragraph (1)(b), the period of usage begins on the day on which the medical declaration was signed by the medical practitioner.
4. paragraphs 113(d) to (f) (d) more than one year has elapsed since the day on which the medical declaration submitted with the application was signed by the medical practitioner;
(d.1) if applicable, the period of usage specified in the medical declaration has expired, with that period being deemed to have commenced on the day on which the medical declaration was signed by the medical practitioner;
(e) the name or date of birth of the applicant is different from the name or date of birth that appears on the medical declaration;
(f) the medical practitioner who made the medical declaration informs the licensed producer in writing that the use of dried marihuana by the applicant is no longer supported for clinical reasons; or
5. subsection 124(1) (1) A licensed producer must not sell or provide to a client or an individual who is responsible for the client in any 30-day period a total quantity of dried marihuana that exceeds 30 times the daily amount specified in the medical declaration supporting the client’s registration.
11. The Regulations are amended by adding the following after section 259.3:
Licensing Authorities
Additional information — earlier registrations
259.4 (1) A licensing authority that submits — on or before the day that is six months after the day on which this section comes into force — a request under subsection 102.1(1) may indicate in the request that it wishes to receive, in addition to the information referred to in subsection 102.1(2), the same information in respect of any earlier registrations.
Obligation to provide information
(2) If a licensed producer receives a request that has been submitted in accordance with subsection (1), they must provide the licensing authority with the additional information, if any, when they first provide information to the authority under section 102.1. The producer must also comply with the requirements of subsection 102.1(7) in respect of the information.
Recordkeeping requirements
(3) The licensed producer must comply with the requirements of the following provisions in respect of information provided under subsection (2):
(a) paragraph 147.1(c);
(b) subsection 148(1);
(c) paragraph 148(2)(o); and
(d) section 149.
Notice
(4) If the licensed producer has no additional information to provide, they must
(a) send a notice of that fact to the licensing authority;
(b) keep a copy of the notice for two years; and
(c) comply with the requirements of subsection 148(1) and section 149 in respect of the notice.
Former licensed producers
(5) If the licensed producer’s licence expires without being renewed or is revoked, the former licensed producer must comply with the requirements of paragraph 148(1)(a), paragraph 148(2)(o) and section 149 in respect of any information that was provided before the licence expired or was revoked.
COMING INTO FORCE
12. (1) Subject to subsections (2) and (3), these Regulations come into force on the day on which they are registered.
(2) Section 8 comes into force on March 31, 2015.
(3) Section 6 and subsection 9(1) come into force on April 1, 2015.
[24-1-o]
Footnote a
S.C. 1996, c. 19
Footnote 1
C.R.C., c. 1041
Footnote 2
SOR/2013-119
Date modified:2014-06-14
Secondary menu
Publications
Part Ⅰ: Notices and Proposed Regulations
Vol. 148 (2014)
ARCHIVED — Vol. 147 (2013)
ARCHIVED — Vol. 146 (2012)
ARCHIVED — Vol. 145 (2011)
ARCHIVED — Vol. 144 (2010)
ARCHIVED — Vol. 143 (2009)
ARCHIVED — Vol. 142 (2008)
Part Ⅰ: Quarterly Index
Vol. 148 (2014)
ARCHIVED — Vol. 147 (2013)
ARCHIVED — Vol. 146 (2012)
ARCHIVED — Vol. 145 (2011)
ARCHIVED — Vol. 144 (2010)
ARCHIVED — Vol. 143 (2009)
ARCHIVED — Vol. 142 (2008)
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Part Ⅱ: Consolidated Index
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