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

Definitions

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).

Scope

Pursuant to section 56 of the CDSA and subject to the terms and conditions set out herein, licensed producers are exempted from the application of subsection 25(2) of the ACMPR in respect of how cannabis is stored and sections 59 and 60 of the ACMPR in respect of the security measures that apply to 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

Licensed producers must implement security measures that apply to areas where cannabis is present or stored that meet the following terms and conditions:

1. The areas where cannabis is present must meet the requirements of sections 57-60 and 62 of the ACMPR.
2. Licensed producers must store cannabis, other than plants and seeds, in a storage area that meets the requirements of sections 57-60 and 62 of the ACMPR.
3. That storage area must be located within an area that meets the requirements of sections 57-60 and 62 and that is not a cultivation, propagation, harvesting or trimming area.
4. With respect to cannabis plants and seeds, the areas where cannabis plants are cultivated, propagated, harvested or trimmed and where cannabis seeds are present must meet terms and conditions 5-9 of this exemption.
5. All points of entry and exit to cultivation, propagation, harvesting or trimming areas where cannabis plants or seeds are present must be visually monitored at all times by visual recording devices to detect illicit conduct.
6. The visual recording devices must, in the conditions under which they are used, be capable of making a visible recording of illicit conduct.
7. Cultivation, propagation, harvesting or trimming areas where cannabis plants or seeds are present must be secured by means of an intrusion detection system that operates at all times and that allows for the detection of any attempted or actual unauthorized access to those areas or tampering with the system.
8. The intrusion detection system must be monitored at all times by personnel who must determine the appropriate steps to be taken in response to the detection of any occurrence of illicit conduct or any attempted or actual unauthorized access or tampering with the intrusion detection system. If any such occurrence is detected, the personnel must make a record of
   1. the date and time of the occurrence; and
   2. the measures taken in response to it and the date and time when they were taken.
9. Licensed producers must notify the Minister of any changes that they intend to make to their security measures as a result of this Exemption, before doing so.

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