Section 56 Class Exemption in Relation to the Access to Cannabis for Medical Purposes Regulations - Physical Security Requirements for Applicants for a Licence to Produce Cannabis for Medical Purposes

Definitions

Except as follows, the terms used in this exemption have the same meaning as they do in the Controlled Drugs and Substances Act (CDSA) and the Access to Cannabis for Medical Purposes Regulations (ACMPR).

“Applicant” means a person who intends to, or has, submitted an application to the Minister for a licence under section 35 of the ACMPR.

Scope

Pursuant to section 56 of the CDSA and subject to the terms and conditions set out herein, applicants for a producer’s licence are exempted from the requirement in paragraph 33(1)(h) to provide a detailed description of security measures determined in accordance with the Security Directive in respect of the storage of cannabis and from the application of paragraph 33(1)(h) of the ACMPR in respect of the proposed security measures that apply in respect of the areas where cannabis plants are cultivated, propagated,  harvested or trimmed and to the areas where cannabis seeds are present or stored. 

For the purposes of this exemption, “trimming" means trimming that takes place in a grow room.

Terms and Conditions

Applicants for a producer’s licence are exempted from paragraph 33(1)(h) of the ACMPR provided that they set out in their application a detailed description of the security measures of the proposed site where cannabis plants will be cultivated, propagated,  harvested or trimmed and where cannabis seeds will be present, in accordance with the terms and conditions set out in the “Section 56 Class Exemption in Relation to the Access to Cannabis for Medical Purposes Regulations—Physical Security Requirements for Licensed Producers of Cannabis for Medical Purposes”. 

Duration

The exemption may be suspended without prior notice if the Minister deems that such suspension is necessary to protect public health, safety or security. If necessary, the Minister may change the terms and conditions of this exemption. Should this be the case, you will be informed in writing and the reasons for the changes will be provided.

Notwithstanding the conditions above, the Minister may suspend or revoke the exemption if she believes that it is no longer in the public interest.

This exemption is in effect from January 25, 2018 until the coming into force of section 33 of Bill C-45 (An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts) unless otherwise suspended, amended or revoked.

Original signed by

Executive Director,
Office of Medical Cannabis, Health Canada
For and on behalf of the Minister of Health

Effective Date: January 25, 2018