Changes to Canadian cannabis licensing application process
Health Canada has announced changes to the cannabis licensing regime. These changes come ahead of the release of the cannabis edibles, extracts, and topicals amendments to the Cannabis Regulations expected to be released in the Canada Gazette Part II prior to October 2019.
The changes
Effective May 8, 2019 there are changes for both new and existing applicants for licenses to cultivate, process or sell cannabis for medical purposes:
New applicants for licenses will be required to have a fully built site at the time of their application in addition to satisfying the previously established application criteria.
Existing applicants will undergo a high-level review in the order in which they were received, and applications that pass this review will receive a status update letter indicating that Health Canada has no concerns with the existing application.
Amendments to Cannabis Licensing Application Guides
The new application process requirements can be seen in the updated Cannabis Licensing Application Guide.
Specifically, there is now a requirement in the Cannabis Licensing Application Guide to “submit a site evidence package with visual evidence to demonstrate the completion and functionality of their facility” within ten business days of the Cannabis Tracking and Licensing System (“CTLS”) application in order for the application to be considered.
Further, “the application will only be processed once both the document portion of the application is submitted within the CTLS and the site evidence package is submitted and received by Health Canada“.
Contents of site evidence packages
The site evidence package Health Canada requires is distinct for micro and standard license applicants as well as medical sales applicants and must meet the submission requirements in section 7.1.1 of the Cannabis Licensing Application Guide:
Micro |
Standard |
Medical Sales |
Guided video tour of the entire site (including both indoor and outdoor areas) highlighting the entire site perimeter and all storage areas. |
Guided video tour of the entire site (including both indoor and outdoor areas), highlighting all security features of the site perimeter, operations areas (including all grow areas) and storage areas. All devices must correspond to their location as indicated on the site plan (including all floor plans). |
Guided video tour of the entire site (including both indoor and outdoor areas) including all operations areas (including grow areas) and storage areas. |
Photographic overview of each side of the defined site perimeter.
|
Photographic overview of each side of the defined site perimeter.
|
Close-up images of the surfaces (including walls, floors, ceilings and joints) of all operations areas (including grow areas) and storage areas demonstrating they meet the requirements of section 84 of the Cannabis Regulations. |
Visual footage showing entire physical barrier for the site and all storage areas.
|
Visual recording device footage that includes the front, back and sides of the defined site perimeter (e.g. east, west, south, and north walls). Complete coverage may be best demonstrated by displaying multiple visual recording device feeds that capture an individual walking around the perimeter. |
A video of an individual entering and moving through different areas of the facility demonstrating the intended production process flow through the facility. |
Footage from all visual recording devices in each operations area (including the entry and exit points of the grow areas) and all storage areas. |
Video would be expected to have sufficient resolution to clearly visualize the area without pixilation, capture the entirety of the areas identified with no blind spots or obstructions, and demonstrate the recording devices ability to capture the information in both low light or night conditions.
In addition to the new requirements with respect to the site evidence package, Health Canada has supplemented previous guidance on the regulatory requirements to be met surrounding Good Production Practices and physical security measures by issuing each item as a standalone guide.
Health Canada states that these changes come in response to feedback from applicants about wait times for applications. Health Canada stated that more than 70% of applicants that passed Health Canada’s paper-based review over the past three years were not ready to begin operations, and did not submit evidence to demonstrate that they had a fully built and compliant facility.
Health Canada is also working to establish service standards for the review of applications to improve wait times and predictability for applicants.
This update is intended for general information only. If you have questions about the above information, and how it applies to your specific situation, please contact a member of our Cannabis group.
Click here to subscribe to Stewart McKelvey Thought Leadership.
Archive
Nancy Rubin, QC and Sam Ward Background Wiseau Studio, LLC et al. v. Harper et al.1, a recent decision authored by Justice Schabas of the Ontario Superior Court of Justice, is not just a terrifically…
Read MoreJoe Thorne and Madeleine Coats On Friday, May 8, the Supreme Court of Canada released its unanimous written decision in 9354-9186 Québec inc. v. Callidus Capital Corp., 2020 SCC 10 (the “Decision”). The case was…
Read More*Last updated: May 12, 2020 (Originally published April 29, 2020) Kathleen Leighton On March 19, 2020, the Province of New Brunswick declared a state of emergency in relation to the COVID-19 pandemic. On March 25,…
Read MoreMurray Murphy, QC, CPHR, and Charlotte Jenkins Mental health impacts of COVID-19 The mental health impacts of COVID-19 have been, and will continue to be significant and wide-spread around the world. Individuals are continuously required…
Read MoreNancy G. Rubin, QC and Erin McSorley In response to the immense public health and safety challenges posed by the COVID-19 pandemic, Courts across the country have modified their practices and procedures. This article provides…
Read MoreKathleen Leighton On March 18, 2020, Newfoundland and Labrador declared a public health emergency as a result of the COVID-19 pandemic. While a declaration of public health emergency is in effect, the Chief Medical Officer…
Read MoreBrian Johnston, QC and Brittany Trafford Governments and employers are strategizing ways to open economies, businesses and services following unprecedented closures around the world.1 In Canada, each Province is taking its own approach and various…
Read MoreStephanie Stapleford, Andrew Burke, Mike Carver, Matthew Craig and Divya Subramanian Part 1: Virtual shareholders’ meetings The escalating COVID-19 crisis, and federal, provincial and local governments’ directives for individuals to comply with social distancing policies,…
Read MoreKimberly Bungay In the spring sitting of the legislature, the Nova Scotia government introduced Bill 226, which amends the Companies Act (the “Act”) to require companies incorporated under the Act to create and maintain a…
Read MoreCatherine Lahey, QC, Iain Sinclair and Robert Bradley The Province of New Brunswick declared a State of Emergency on March 19, 2020 related to the COVID-19 pandemic and issued a Mandatory Order stipulating restrictions on…
Read More