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

 
 

Nova Scotia municipality plans changes to wind turbine regulations

June 27, 2022

By Nancy Rubin & Colton Smith    Wind turbine regulations in the Municipality of Cumberland are set to change.   On June 22, 2022, Cumberland Council approved a second reading of amendments relating to their…

Read More

Discovery: Atlantic Education & the Law – Issue 10

June 24, 2022

We are pleased to present the tenth issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. As we settle into a summer having rounded out the end of another…

Read More

Pay Transparency: Recent Changes to PEI’s Employment Standards Act

June 10, 2022

Murray Murphy and Kate Profit Changes to Prince Edward Island’s Employment Standards Act (“ESA”) regarding pay transparency received royal assent on November 17, 2021 and has recently come into force as of June 1, 2022.…

Read More

Discovering a Denial: Recent Ontario decision sheds light on discoverability of claims against LTD insurers

June 3, 2022

Michelle Chai & Jennifer Taylor1   A recent Ontario case offers insight on when the limitation period starts to run for an action against a disability insurer. In Kumarasamy v Western Life Assurance Company, the…

Read More

Pension update – CAPSA releases consultation draft of CAP Guideline No. 3 for comment

May 30, 2022

Level Chan and Annelise Harnanan Background On May 13, 2022 the Canadian Association of Pension Supervisory Authorities (CAPSA) released and invited feedback on a Consultation Draft of revisions to CAPSA Guideline No. 3 – Guidelines…

Read More

The winds of change – Newfoundland and Labrador Government signaling major shift in energy policy

May 17, 2022

John Samms and Matthew Craig In uncertain economic times like these, “open for business” is a welcome phrase by leading Ministers in Newfoundland and Labrador. For years, Newfoundland and Labrador’s wind generation policy was, for…

Read More

Accountability and Oversight: Nova Scotia’s new Powers of Attorney Act

May 9, 2022

Richard Niedermayer, QC, TEP, Sarah Almon, TEP, and Madeleine Coats Long-awaited amendments to the Province’s currently short-and-sweet Powers of Attorney Act1 received Royal Assent on Friday, April 22, 2022.  While not yet proclaimed into effect, the…

Read More

Prince Edward Island’s new Non-Disclosure Agreements Act

May 5, 2022

Jacob Zelman and Kate Profit Prince Edward Island’s Non-Disclosure Agreements Act (“Act”) received royal assent on November 17, 2021 and is set to come into force on May 17, 2022. The purpose of the Act…

Read More

New Brunswick’s new Intimate Images Unlawful Distribution Act

April 28, 2022

Chad Sullivan and Tiffany Primmer Increasingly, employers are finding themselves faced with addressing the uncomfortable situation of an employee who has shared an intimate image of another employee. While not directly applicable to what an…

Read More

Provincial Non-Resident Deed Transfer Tax Guidelines

April 19, 2022

Brian Tabor, QC and Eyoab Begashaw On April 8, 2022, the Nova Scotia Department of Finance and Treasury Board (Provincial Tax Policy and Administration Division) released the Provincial Non-Resident Deed Transfer Tax Guidelines (“Guidelines”) with…

Read More

Search Archive


Search
Generic filters

Scroll To Top