Question Period Note: Amended Regulations under the Cannabis Act

Parliament established a deadline of October 17, 2019 for the new classes of cannabis products to be added to Schedule 4 of the Cannabis Act, thereby permitting their legal sale. Amendments to the Cannabis Regulations came into force on the same day (October 17, 2019).

The amended regulations set out the rules governing the legal production and sale of edible cannabis, cannabis extracts, and cannabis topicals. These new cannabis products will not be available for purchase by adult consumers before mid-December 2019 at the earliest.

The amended regulations seek to reduce the public health and public safety risks associated with the new cannabis products, such as appeal to youth, overconsumption, and accidental consumption.

The expert Task Force on Cannabis Legalization and Regulation recommended permitting legal access to regulated, quality controlled products, as a way to protect Canadian consumers from the inherent risks and harms of illegal products, which are not subject to oversight or controls.

• Why has the Government introduced new cannabis products given their risks such as accidental consumption and overconsumption?
• How is the Government addressing the appeal of these new cannabis products to youth?
• How will the Government reduce public health and public safety risks of the new cannabis products?

• Parliament established a deadline of October 17, 2019 for the new cannabis products to be permitted for legal sale.

• Parliament recognized that providing legal access to quality-controlled products can help protect those who choose to consume cannabis from the inherent risks and harms of the illegal market, where there are no standards or oversight for quality control or safety.

• The expert Task Force recommended that the legal sale of a broad range of cannabis products be permitted in order to displace the illegal market, and that these products be subject to strict regulatory controls.

• Strict regulations have been put in place to protect consumers. Cannabis products must be produced in licensed facilities that are subject to Health Canada inspections and according to strict requirements.

• Health Canada has also made available extensive public education materials to help ensure adult consumers have access to evidence-based information to help lower the risks to their health and safety.

IF PRESSED ON PUBLIC HEALTH AND SAFETY RISKS ASSOCIATED WITH CANNABIS PRODUCTS

• Our Government recognizes that edible cannabis, cannabis extracts, and cannabis topicals present their own unique health and safety risks.

• It is also recognized that strict and clear controls on the production, promotion, packaging and labelling and sale ‎of cannabis products are one cornerstone of the public health approach.

• The amended Cannabis Regulations will reduce the public health and public safety risks associated with cannabis products, including any appeal to young persons, and the risks of food-borne illness, accidental consumption, and overconsumption.

• Health Canada continues to undertake public education efforts designed to help Canadians understand the public health and public safety risks associated with the new cannabis products as well as the importance of storing cannabis safely and securely away from children, youth, and pets.

• Our Government continues to work closely with the provinces and territories, Indigenous communities, the regulated industry, public health organizations, and law enforcement to support the effective implementation of the amended Cannabis Regulations.

IF PRESSED ON THE REGULATIONS

• The regulations contain important safeguards to mitigate these risks, including:

o Limits on the total amount of tetrahydrocannabinol (THC) in these new products to minimize the risks of accidental consumption and overconsumption;

o Restrictions on the use of certain ingredients, such as sweeteners, to reduce the appeal to youth, or those ingredients that have public health risks, such as nicotine;

o Packages that meet the existing plain packaging requirements and are child-resistant;

o Labels that display the standardized cannabis symbol and a health warning message; and

o Strict prohibitions on health claims that might encourage the consumption of cannabis; on nutrient content claims in edible cannabis; and on representations that associate cannabis products with alcoholic beverages.

IF PRESSED ON THE PRODUCTION AND SALE OF CANNABIS PRODUCTS

• A licensee must hold a processing licence issued under the Cannabis Act to produce edible cannabis, cannabis extracts, and/or cannabis topicals. Licence holders must adhere to strict regulatory requirements, including implementing a preventive control plan, conducting mandatory testing, and following restrictions on ingredients.

• Licensed processors are also required to provide Health Canada with 60 days’ notice in advance of selling a cannabis product for the first time in Canada.

o This notice provides Health Canada with an opportunity to intervene before a product enters the market if the Department has concerns or questions.

o Health Canada does not approve cannabis products before they are sold, but it may conduct compliance verifications following these notifications.

• Licence holders are responsible for making sure any new product meets all the requirements set out in the Cannabis Act and the Cannabis Regulations.

• It is expected that new cannabis products will appear gradually in physical and online stores, no earlier than mid-December 2019.

IF PRESSED ON IF THERE IS INCREASED APPEAL AND AVAILABILITY OF CANNABIS PRODUCTS TO YOUNG PERSONS FOLLOWING THE LEGALIZATION OF EDIBLE CANNABIS , EXTRACTS, AND TOPICALS (PROMOTION, PACKAGING, AND LABELLING)

• Protecting young people from the harms associated with cannabis and reducing their access is a key objective of the Cannabis Act and the Cannabis Regulations.

• To that end, the Act and its regulations contain a number of important controls. Promotion is prohibited except in limited circumstances where it cannot be seen by youth – and all promotion – regardless of location, cannot be appealing to young persons.

• Similarly, cannabis cannot be packaged and labelled in a manner that is appealing to youth – in fact, all cannabis must be sold in plain, child resistant packages that do not associate the product with alcohol or tobacco brands or products.

• Cannabis products may only be sold by provincially or territorially authorized stores to adults – and it is prohibited to sell any product that is reasonably appealing to young persons.

• Health Canada is closely monitoring rates of cannabis use by Canadian youth and will take action as necessary to make sure the government achieves its objectives.

IF PRESSED ON PUBLIC EDUCATION EFFORTS

• Public education and awareness is a fundamental component of the Government’s public health approach to reducing the harms associated with cannabis.

• Our Government continues its extensive public education efforts—in collaboration with provinces and territories, Indigenous partners and other organizations—to help Canadians understand the health effects of cannabis use, the implications of cannabis on travel and crossing the border, workplace impairment, and the risks and consequences of drug-impaired driving.

• Health Canada published new evidence-based resources and updated content on its website about the new cannabis products and lower-risk use to support consumers in making informed decisions.

• Health Canada has published an updated Consumer Information Sheet, which will continue to be provided to consumers of cannabis at the point of sale.

• Health Canada continues to share information on lower-risk use practices and to communicate about the importance of storing cannabis safely and securely, away from children, youth and pets.

On October 17, 2019, the amended regulations under the Cannabis Act came into force, setting out the rules governing the legal production and sale of edible cannabis, cannabis extracts, and cannabis topicals. These new classes of cannabis products will become available for purchase beginning mid- December 2019 at the earliest.

The expert Task Force on Cannabis Legalization and Regulation recommended that the Government of Canada permit the legal sale of a diverse range of cannabis products to displace the illegal market where unregulated products are not subject to oversight for safety or quality control and that the products be subject to strict regulatory controls. The amended regulations seek to reduce the health and safety risks associated with these new classes of cannabis (including their appeal to youth and the risks of accidental consumption, and overconsumption). These controls include: restrictions on product composition and ingredients, tetrahydrocannabinol (THC) limits, and new requirements pertaining to packaging and labelling, good production practices and recordkeeping.

In order to sell the new classes of cannabis products, federally licensed processors will need to amend their licence and attest that all of the regulatory requirements specific to the new cannabis products have been met. Consistent with the Cannabis Regulations (in force prior to October 17, 2019), licensed processors will need to provide Health Canada with a written notice at least 60 days before making a new cannabis product available for sale.

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