Skip to content

Proposed amendments to Cannabis Regulations make it easier to be green

Kevin Landry and Nikolas Shymko

Health Canada has recently proposed a number of amendments to the Cannabis Regulations and other regulations concerning cannabis research and testing, and cannabis beverages. Until April 25, 2022, Health Canada will be accepting comments on the proposed Regulations Amending Certain Regulations Concerning Cannabis Research and Testing and Cannabis Beverages and Order to Amend Schedule 3 published in Canada Gazette, Part I on March 12, 2022.

The proposed amendments are as follows:

(1) Non-therapeutic research on cannabis permitted

Proposed amendments to the Cannabis Exemption (Food and Drugs Act) Regulations would create an exemption from the application of the Food and Drugs Act for certain non-therapeutic research on cannabis.

Non-therapeutic research on cannabis includes research involving the distribution of cannabis to human participants subject to certain exceptions, including: research related to the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state or its symptoms.

Non-therapeutic research would exclude any research involving the participation of young persons.

(2) Reference standards and test kits

Currently, only licensed processors are able to sell reference standards and produce test kits, which potentially limits their availability and variety.

Proposed amendments would authorize analytical testers and government laboratories to produce, distribute, and sell reference standards, as well as to produce test kits.

(3) Head of laboratory

Proposed amendments to the Cannabis Regulations would alter the qualifications required for a person to become head of laboratory. It would expand the eligible credentials to include a diploma, certificate or credential from a Canadian post-secondary educational institution in a field or occupation relevant to the duties of the head of laboratory position. It would also expand the recognition of international credentials for this position. The proposed amendments would permit accepting equivalency assessments issued by organizations or institutions designated by Immigration, Refugees, and Citizenship Canada or recognized by a province.

(4) Cannabis beverages

The Cannabis Act currently sets a public possession limit of 30 grams of dried cannabis or its “equivalent” for other forms of cannabis as established pursuant to Schedule 3 of the Cannabis Act.

Proposed amendments will create two new classes of cannabis, namely: cannabis beverages and non-solids containing cannabis, other than beverages. This amendment would increase the equivalency for cannabis beverages to 570 grams, as opposed to the current 70 grams. As a result, the amount of cannabis beverages that an adult could possess in public would be equivalent to 48 standard-sized beverage cans (48 × 355 mL cans).

To reduce the impact of these changes on the industry, the proposed regulations would provide a 12-month transition period allowing all licence holders and persons authorized to distribute or sell edible cannabis products to distribute or sell cannabis beverages that have been packaged and labelled in accordance with the current requirements under the Cannabis Act and Cannabis Regulations. Following the transition period, all cannabis beverages distributed and sold by holders of a licence for processing would be required to include a public possession limit statement that is reflective of this proposed amendment, whilst other authorized persons could continue to sell previously labelled and packaged products to sell or distribute their existing inventory of these products.


This client update is provided for general information only and does not constitute legal advice. If you have any questions about the above, please contact a member of our Cannabis group.

 

Click here to subscribe to Stewart McKelvey Thought Leadership.

SHARE

Archive

Search Archive


Search
Generic filters

 
 

Changes to job classifications and immigration impacts

November 23, 2022

By Brittany Trafford and Michiko Gartshore On November 16th, 2022 the Federal Government switched to the 2021 National Occupational Classification (NOC) structure from the prior 2016 version. The NOC is Canada’s national system used to…

Read More

Nova Scotia: Canada’s emerging immigration hub

November 17, 2022

As part our presenting sponsorship of the Halifax Chamber of Commerce’s Annual Fall Dinner, we are pleased to present a series of thought leadership articles highlighting the dinner’s themes of immigration, recruitment, and labour market…

Read More

Bill C-27 – Canada’s proposed Artificial Intelligence and Data Act

November 16, 2022

Kevin Landry, Charlotte Henderson, and James Pinchak The governance of Artificial Intelligence (AI) is entering a new era since the Canadian Government first announced a digital charter in 2019 as part of a larger-scale overhaul…

Read More

Discovery: Atlantic Education & the Law – Issue 11

November 14, 2022

We are pleased to present the eleventh issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. With a new academic year well underway, the Atlantic Region is finally seeing…

Read More

The Winds of Change (Part 5): Atlantic Canada poised to benefit from clean energy tax credits

November 10, 2022

By Jim Cruikshank, Graham Haynes, and Dave Randell On November 3, 2022, the Honourable Chrystia Freeland delivered the Federal Government’s Fall Economic Statement (“FES”).  The FES included a number of tax related announcements, including further…

Read More

“Constructive Taking”: Consequences for municipalities from the Supreme Court of Canada decision in Annapolis Group Inc. v. Halifax Regional Municipality

November 10, 2022

By Stephen Penney, Joe Thorne, and Giles Ayers A new decision from the Supreme Court of Canada, Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36 (“Annapolis”), has changed the law of constructive expropriation across the…

Read More

Attract & Retain: Nova Scotia taps foreign healthcare workers to fill labour shortages

November 10, 2022

As part our presenting sponsorship of the Halifax Chamber of Commerce’s Annual Fall Dinner, we are pleased to present a series of thought leadership articles highlighting the dinner’s themes of immigration, recruitment, and labour market…

Read More

The rise of remote work and Canadian immigration considerations

November 3, 2022

As part our presenting sponsorship of the Halifax Chamber of Commerce’s Annual Fall Dinner, we are pleased to present a series of thought leadership articles highlighting the dinner’s themes of immigration, recruitment, and labour market…

Read More

The future of express entry: Targeted draws to meet Canada’s economic needs

November 2, 2022

By Sara Espinal Henao Since its initial launch in January 2015, Express Entry has been a pillar of Canada’s immigration system. Recently passed amendments to the Immigration and Refugee Protection Act (IRPA) promise to drive…

Read More

Filling labour gaps with foreign workers: What Canadian employers need to know

October 28, 2022

By Brittany Trafford It is no secret that employers in Atlantic Canada are struggling to fill labour gaps. In June 2019 the Atlantic Canada Opportunities Agency (ACOA) published a report[1] indicating that the overall labour…

Read More

Search Archive


Search
Generic filters

Scroll To Top