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Applying for a Licence Under the Cannabis Act and its Regulations

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Presentation on theme: "Applying for a Licence Under the Cannabis Act and its Regulations"— Presentation transcript:

1 Applying for a Licence Under the Cannabis Act and its Regulations
Cannabis Legalization and Regulation Branch, Health Canada Today I will be talking about Canada’s approach to the legalization and regulation of cannabis in Canada, as well as new licence categories like micro and standard cultivation and processing licences, and nurseries. But before we get into the specifics of new licence categories I first want to give an overview about who the Cannabis Legalization and Regulation Branch is, what we do, and discuss the foundation of Canada’s public health approach to the legalization and regulation of cannabis. The Cannabis legalization and regulation Branch of Health Canada, or CLRB, supports the three ministers tasked with legalization, that is the Minister of Public Safety and Emergency Preparedness, Minister of Health, and the Minister of Justice, as well as the cannabis legalization task force. (Cover slide) CLRB is the group that does the legs and regs, or legislation and regulation, and has put the regulatory framework known as the Cannabis Act and the associated regulations in place. We are also the group that will support transition to the new system, and evolve into the regulatory operation and oversight of the new regime.

2 The Cannabis Act: An Overview
Taking a public health approach, the Cannabis Act creates a control framework for cannabis that ... Youth under 18 years of age are prohibited from accessing cannabis Protects young people and others from advertising, promotional activities and enticements to use cannabis Restricts youth from accessing cannabis Limits adult possession to 30 grams of legal cannabis Limits home cultivation to 4 plants per residence Controls access for adults of legal age Permits, through federal licences, the production, cultivation and processing of cannabis Authorizes provinces and territories to distribute and sell cannabis, subject to federal conditions Provides oversight for the operation of the legal cannabis industry Provides Canadians with access to a quality-controlled supply of cannabis Establishes strict product quality requirements (e.g., production standards, testing) Safeguards the integrity of the supply chain (e.g., Cannabis Tracking and Licensing System) Strictly regulates the supply chain Creates new cannabis-related offences with serious penalties (i.e., selling cannabis to youth) Deters illegal activities through sanctions and enforcement measures Establishes strong penalties to protect public safety This slide takes 140 pages of legislation and breaks it down into a few simple points, but, again, a focus on protecting public health, limiting use, controlling access, and regulating the industry and the product supply chain. 2

3 Provinces, Territories and Municipalities
Core partners in the implementation of the new, cooperative control framework for cannabis Building distribution and retail sales models that uphold public health and safety standards Developing complementary legislation, regulations and by-laws to support implementation of the Cannabis Act Key partners in efforts to educate Canadians and raise awareness about the risks of cannabis use and prohibitions on taking cannabis across Canada’s border Investing in harm reduction, as well as prevention and health promotion initiatives In addition to Federal control over cultivation, processing, packaging, labeling, testing, etc, Provinces, Territories and Municipalities also have their own jurisdictions to manage. P/T’s oversee their own distribution and sales models and develop their own complimentary provincial regulations overseeing things like age of access. They are also partnering with the Federal government in this public health approach to legalization.

4 Provincial, Territorial and Municipal Rules and Safeguards
Increase minimum age beyond 18 Lower the possession limit Create additional rules for growing cannabis at home Flexibility to establish more stringent controls on access Limits on promotion and advertising Fact-based health and safety information for consumers, supported by trained staff Retailers and distributors subject to penalties for operating outside of the legal system Ability to license and oversee distribution and retail sales, subject to federal conditions Restrict places in which cannabis could be consumed Legislate/regulate to protect public health within areas of jurisdiction Authority to enact additional rules to protect public health safety Local governments/municipalities are responsible for developing rules around Zoning, public consumption, by-law and administrative enforcement, fire prevention, health and education, communications and public engagement P/Ts have the: Flexibility to establish more stringent controls on access Ability to licence and oversee distribution and retail sales, subject to federal conditions Authority to enact additional rules to protect public health and safety Local governments/municipalities responsible for developing rules Zoning, public consumption, by-law and administrative enforcement, fire prevention, health and education, communications and public engagement

5 Licensing under the Cannabis Act and its Regulations
The Cannabis Act and its Regulations provide the framework for legal access to cannabis for adults and control and regulate its production, distribution, and sale. Under this framework a person is required to obtain a licence issued by Health Canada to conduct various activities with cannabis such as: Grow cannabis commercially for sale or produce cannabis products commercially (large or small scale) Sell cannabis for medical purposes Conduct tests on cannabis Conduct research with cannabis 5

6 Licensing under the Cannabis Act and its Regulations
The application process for most licence classes, including the information required in an application, is set out in the Cannabis Licensing Application Guide. This document provides guidance to those wishing to apply for the following licence classes and subclasses: Cultivation (including micro and standard cultivation, or nursery) Processing (including micro or standard processing) Sale for medical purposes Analytical testing Research The application process for most licence classes, including the information required in an application is set out in the Cannabis Licensing Application Guide. It is really important that you review this guide thoroughly prior to applying for a licence. 6

7 Security Clearances Key personnel, along with directors and officers in the case of a corporation/parent company, identified in a licence application must hold a security clearance granted under the Cannabis Regulations. Security clearances help minimize the risk to the integrity of the control of the production and distribution of cannabis under the Cannabis Act and its Regulations, including the risk of cannabis being diverted to an illicit market or use. The checks conducted go beyond the verification of an individual’s criminal record check and may include: Check of the relevant files of law enforcement agencies Intelligence gathered for law enforcement agencies Security clearance checks are coordinated in conjunction with the RCMP and can include consultation with local and other law enforcement agencies, on-the-ground fieldwork, and coordination of intelligence with law enforcement agencies in other jurisdictions. 7

8 Security Clearances Individuals who require a security clearance must submit their security clearance application form before a licence application can be submitted in the CTLS. Depending on the licence class that you are applying for, the following individuals may need to apply for a security clearance: Directors Officers Partners Licence holder (where holder is an individual) Responsible Person Head of Security Master Grower Quality Assurance Person Any individual, partnership, corporation, or cooperative, in a position to directly control the applicant 8

9 Rules Governing Industry
National industry standards and rules to protect consumer and public health and safety For growing and manufacturing cannabis products, including testing Safeguards and product standards Strict packaging and labelling requirements (e.g. child-proof, tamper-resistant, health warning messages, universal symbol, THC/CBD, etc.) Advertising and promotion restrictions Physical and personnel security requirements Inventory tracking; record keeping and reporting Import and export prohibited, save for medical or science purposes Monitoring, compliance and enforcement As with any regulated industry, there are a few rules… The Federal government regulates the cultivation and production of cannabis product, along with testing and labeling standards, packaging requirements, advertising restrictions, etc. 9

10 Decide which type of licence to apply for…
Cannabis Classes and Subclasses of licences. Those who wish to apply for a new licence to grow or process cannabis can apply. So let’s talk about some of these new licence categories and what they cover. If you want to grow cannabis, you can apply for a Standard, Micro cultivation licence, or nursery licence. If you want to process cannabis, you can apply for a Micro or Standard Processing Licence. If you want to sell directly to patients, a medical sales licence If you want do testing of cannabis, you’ll need to apply for an analytical testing licence If you want to do research, a research licence. This chart is available in the Cannabis Licensing Application Guide.

11 Combinations of Licence Classes and Subclasses – Single Site
Standard Cultivation Micro-cultivation Nursery Standard Processing Micro-processing Sale* Analytical Testing Research Sale This slide shows combinations of Licence classes and subclasses at the same site So, for example, if you want to grow cannabis under a standard cultivation license, you can also obtain a standard processing licence. If you want to grow cannabis under a micro cultivation license, you can also obtain a micro processing licence. If you want to combine a nursery licence with a standard or micro cultivation or processing licence, it will need to be at a separate site. This is also available in the Cannabis Licensing Application Guide. * For Medical Purposes 11

12 Create an account in the CTLS
The CTLS is accessed directly from the Health Canada website: To access the CTLS you have two options: to sign in with a GCKey or through a Sign-In partner. If you already have an existing GCKey for other Government Services you can use the same GCKey and do not need to create a new one. You can also connect to CTLS using a Sign-In Partner: This is also known as Secure Key Concierge, the Sign-In Partner Account option allows you to connect via a Banking or Financial or Credit Union Service, select Credit Card services, as well as through a Service Provider, such as a Cellular Service. What is SecureKey Concierge? SecureKey Concierge offers you a convenient way to access government services. Instead of creating/managing a User ID for access, you can access these services by signing in with your online bank, credit card issuer or other participating "Sign-In Partner". Once you sign in with your Sign-In Partner, you are returned to the government service. No passwords or personal information (i.e.: name, address, date of birth, etc.) are exchanged during this process. 12

13 For more information Visit: www. canada
For more information Visit: Enquiries: READ SLIDE


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