(This statement is not part of the Regulations.)

Description

This regulatory initiative responds to concerns raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) in relation to the Marihuana Medical Access Regulations (MMAR). The MMAR provide the regulatory framework under which Canadians who suffer from serious medical conditions can obtain an authorization to possess and a licence to produce marihuana for medical purposes.

The SJCSR has reviewed the aforementioned Regulations and has identified grammatical and linguistic inconsistencies between the English and French versions, and certain other provisions that require non-substantive clarification.

The purpose of the Miscellaneous Amendments Regulations process is to streamline the regulatory process by shortening the total time taken to make minor and technical amendments to existing regulations. These amendments do not impose new restrictions or burdens on individuals or industry.

These Regulations will address all but one of the concerns raised by the SJCSR. Health Canada has determined that the remaining concern, which relates to the requirement of the holder of a licence to produce to provide a notice of change of information, is substantive in nature and it will be addressed in subsequent amendments to the MMAR.

Inconsistencies Between the English and French Versions

The following paragraphs detail some of the amendments that have been made in order to address the inconsistencies between the English and French versions of the Regulations.

In subsection 1(1) of the French version of the MMAR, the expression "soins palliatifs" in the definition of "category 1 symptom" does not appear to have the same meaning as the expression "compassionate end- of-life care" in the English version. Accordingly, the French version of the definition has been amended to include "soins palliatifs en fin de vie", in order to be more specific to end-of-life situations.

With respect to the issuance of a designated-person production licence, one of the eligibility requirements is that the designated person has not been found guilty, as an adult, within the 10 years preceding the application, of a designated drug offence. Paragraphs 35 (b), 37(2)(d), and 39(1)(c) of the English and French versions of the MMAR were inconsistent with respect to the adult qualification and whether conviction or commission of a designated drug offence was the relevant event. Accordingly, the two versions of these paragraphs have been harmonized to require conviction of a designated drug offence, as an adult, as the relevant event.

The SJCSR has indicated that the English and French versions of subsection 46(1) of the MMAR were not consistent with respect to the person to whom the provision applied and the type of changes intended. The English version applied to changes proposed by the applicant for a licence to produce; however, the French version was not specific with regard to the proponent. In addition, the English version applied specifically to a change in the location of a production site or a change of production area, while the French version appeared to apply to any changes affecting a production site or production area. Accordingly, the French version of subsection 46 (1) has been harmonized with the English version.

Subsection 49(1) of the French version of the MMAR was not consistent with the English version. It required the holder of a production licence to apply to amend their licence to reflect a change of site where dried marihuana is kept "au plus tard dans les quinze jours" ("at the latest within the 15 days") before the proposed date of the change. In other words, the application was to be made at any time before the date of the proposed change. The English version, which reflects the actual intent, requires the holder to apply "not less than 15 days before". Accordingly, the French version has been harmonized with the English version and amended to "au moins quinze jours avant" ("at least 15 days before").

Non-Substantive Clarifications of Certain Provisions

The following paragraphs detail some of the amendments that have been made in order to clarify certain provisions of the Regulations.

The SJCSR has advised that a definition is not the appropriate place to set out a substantive rule. Consequently, paragraph (c) of the definition of "production area" in subsection 1(1) of the MMAR, has been amended by removing the words "but without any overlapping period between the two types of production". Accordingly, the prohibition regarding the simultaneous indoor and outdoor production of marihuana has been moved to a new section 52.1.

The SJCSR has indicated that an inconsistency exists in the requirements of the Minister to amend a licence in response to a notice of change of information in section 50 of the MMAR. Section 50 of the MMAR requires the holder of a licence to produce to notify the Minister in writing, within 10 days after the occurrence, of a change in the holder's name or of a change in the holder's address of ordinary residence provided that this address is not also the address of the site for the production of marihuana. However, subsection 50 (4) of the MMAR required the Minister to amend a licence to produce only if there was a change in a holder's name. Accordingly, subsection 50(4) has been amended to also require the Minister to amend the licence when there is a change to the holder's address of ordinary residence.

The SJCSR has indicated that as a matter of logic and syntax, it makes no sense to state in section 52 of the MMAR that production must occur "in accordance with" an area. Accordingly, section 52 which read: "The holder of a licence to produce may produce marihuana only at the production site authorized in the licence and only in accordance with the authorized production area" has been modified to read: "The holder of a licence to produce may produce marihuana only at the production site and production area authorized in the licence".

The SJCSR has advised that there are a number of inconsistencies between the provisions for inspection set out in subsection 57(1) of the MMAR and those set out in subsection 31(1) of the Controlled Drugs and Substances Act (CDSA) in both the English and French versions. For example, the power to seize and retain conferred by paragraph 57(1)(h) of the MMAR was not subject to the requirement, found in paragraph 31(1)(i) of the CDSA, that the seizure or detention occur "in accordance with" Part IV of the Act. Part IV of the CDSA provides that an inspector who seizes a controlled substance shall take such measures as are reasonable in the circumstances to give to the owner or other person in charge of the place where the seizure occurred notice of the seizure and of the location where the substance is being kept, as outlined in subsection 31(7) of the CDSA. Part IV also provides that an inspector shall, in certain circumstances, have the substance returned to the owner or person in charge of the place where the seizure occurred, as outlined in subsection 31(8) of the CDSA. Accordingly, the regulatory provisions in paragraphs 57(1)(a), 57(1)(b), 57(1)(c), 57(1)(e), 57(1)(h), and subsection 57(2) have been amended and subsections 57(3) and 57(4) have been added, in order to be consistent with the wording in the Act.

Finally, several of the SJCSR's concerns have resulted in additional non-substantive amendments including the replacement and renumbering of certain sections in the Regulations.

Contact

Tiana Branch
Office of Controlled Substances
Drug Strategy and Controlled Substances Programme
Healthy Environments and Consumer Safety Branch
Health Canada
Address Locator: 3503A
Ottawa, Ontario
K1A 1B9
Telephone: 613-941-1511
Fax: 613-946-4224
Email: OCS_Policy_and_Regulatory_Affairs@hc-sc.gc.ca

004 H.U.M.A.N.: Hemp Users Medical Access Network - Toronto Medical Marijuana