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ontario regulation 440/18

made under the

Long-Term Care Homes Act, 2007

Made: October 17, 2018
Filed: October 17, 2018
Published on e-Laws: October 18, 2018
Printed in The Ontario Gazette: November 3, 2018

Amending O. Reg. 79/10

(GENERAL)

1. Section 1 of Ontario Regulation 79/10 is amended by adding the following definitions:

“cannabis” has the same meaning as in subsection 2 (1) of the Cannabis Act (Canada); (“cannabis”)

“medical cannabis” means cannabis that is produced or obtained for medical purposes in accordance with Part 14 of the Cannabis Regulations (Canada) or in accordance with a court order; (“cannabis thérapeutique”)

“recreational cannabis” means cannabis other than,

(a) a drug containing cannabis to which the Cannabis Regulations (Canada) apply,

(b) medical cannabis,

(c) cannabis that is identified in the regulations under the Drug and Pharmacies Regulation Act as being a drug for the purposes of that Act,

(d) cannabis that is a natural health product to which the Natural Health Products Regulations (Canada) apply,

(e) industrial hemp within the meaning of the Industrial Hemp Regulations (Canada), and

(f) a derivative or a product made from a derivative that is exempt from the application of the Cannabis Act (Canada) under the Industrial Hemp Regulations (Canada); (“cannabis récréatif”)

2. The Regulation is amended by adding the following sections:

Recreational cannabis

132.1 (1) Every licensee of a long-term care home shall ensure that there are written policies and procedures to govern, with respect to residents, the cultivation, acquisition, consumption, administration, possession, storage and disposal of recreational cannabis in accordance with all applicable laws, including, without being limited to, the Cannabis Act (Canada) and the Cannabis Regulations (Canada).

(2) Nothing in this Regulation prevents a resident from cultivating, acquiring, consuming, administering, possessing, storing or disposing of recreational cannabis in accordance with the licensee’s policies and procedures as required by subsection (1).

(3) Sections 114 to 132 and 132.2 to 137 do not apply with respect to recreational cannabis.

(4) A licensee is not required to comply with subsection (1) until 90 days after the coming into force of this section.

Medical cannabis

132.2 (1) Every licensee of a long-term care home shall ensure that there are written policies and procedures to govern, with respect to residents, the cultivation, acquisition, consumption, administration, possession, storage and disposal of medical cannabis in accordance with all applicable laws, including, without being limited to, the Cannabis Act (Canada) and the Cannabis Regulations (Canada).

(2) Sections 122, 126, 129, 130, 131 and 136 do not apply with respect to medical cannabis.

(3) A licensee is not required to comply with subsection (1) until 90 days after the coming into force of this section.

Industrial hemp and derivatives

132.3 Sections 114 to 132.2 and 133 to 137 do not apply with respect to:

(a) industrial hemp within the meaning of the Industrial Hemp Regulations (Canada); or

(b) a derivative or a product made from a derivative that is exempt from the application of the Cannabis Act (Canada) under the Industrial Hemp Regulations (Canada) and that is not a natural health product within the meaning of section 132 of this Regulation.

Commencement

3. This Regulation comes into force on October 17, 2018 or, if this Regulation is filed after that date, it is deemed to have come into force on that date.

 

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