Cannabis Fees Order · GlobalLawDB

Contents

Whereas, pursuant to section 143 of the Cannabis Act, the Minister of Health has consulted with any persons that the Minister considers to be interested in the matter;The Minister of Health, pursuant to subsection 142(1) of the Cannabis Act, makes the annexed Cannabis Fees Order.Ottawa, September 28, 2018^note

1Definitions#

The following definitions apply in this Order.

Act means the Cannabis Act. (Loi)

cannabis drug licence means a licence referred to in paragraph 8(1)(f) of the Cannabis Regulations. (licence relative aux drogues contenant du cannabis)

cannabis revenue means the amount by which the amount received from the sale of cannabis exceeds the amount paid for the purchase of cannabis from the holder of a licence for micro-cultivation, a licence for standard cultivation, a licence for a nursery, a licence for micro-processing, a licence for standard processing or a licence for sale for medical purposes. (recettes tirées de la vente de cannabis)

client has the same meaning as in subsection 1(2) of the Cannabis Regulations. (client)

export permit has the same meaning as in subsection 1(2) of the Cannabis Regulations. (permis d’exportation)

fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year. (exercice)

import permit has the same meaning as in subsection 1(2) of the Cannabis Regulations. (permis d’importation)

licence for analytical testing means a licence referred to in paragraph 8(1)(c) of the Cannabis Regulations. (licence d’essais analytiques)

licence for a nursery means a licence referred to in paragraph 8(3)(c) of the Cannabis Regulations. (licence de culture en pépinière)

licence for micro-cultivation means a licence referred to in paragraph 8(3)(a) of the Cannabis Regulations. (licence de micro-culture)

licence for micro-processing means a licence referred to in paragraph 8(4)(a) of the Cannabis Regulations. (licence de micro-transformation)

licence for research means a licence referred to in paragraph 8(1)(e) of the Cannabis Regulations. (licence de recherche)

licence for sale for medical purposes means a licence referred to in subsection 8(5) of the Cannabis Regulations. (licence de vente à des fins médicales)

licence for standard cultivation means a licence referred to in paragraph 8(3)(b) of the Cannabis Regulations. (licence de culture standard)

licence for standard processing means a licence referred to in paragraph 8(4)(b) of the Cannabis Regulations. (licence de transformation standard)

named responsible adult has the same meaning as in subsection 264(1) of the Cannabis Regulations. (responsable nommé)

site has the same meaning as in subsection 1(2) of the Cannabis Regulations. (lieu)

2Annual adjustment of fees#

The fees set out in sections 3 to 5 are to be adjusted in each fiscal year on April 1 by the percentage change over 12 months in the April All-items Consumer Price Index for Canada, as published by Statistics Canada under the Statistics Act, for the previous fiscal year and rounded to the next highest dollar.

3Screening of an application for one licence#

(1)The fee for the screening by the Minister of an application for the issuance of only one licence set out in column 1 of Schedule 1 is set out in column 2 and is payable within 30 days of submitting the application.

(2)The fee for the screening by the Minister of an application for the issuance of more than one licence set out in column 1 of Schedule 1 is the following and is payable within 30 days of submitting the application:

(a)in the case where one of the licences referred to in the application is a licence for sale for medical purposes, the lowest applicable fee set out in column 2 of Schedule 1 with respect to the licences referred to in the application; or

(b)in all other cases, the highest applicable fee set out in column 2 of Schedule 1 with respect to the licences referred to in the application.

4Application for security clearance#

The fee for the consideration by the Minister of an application with respect to a security clearance referred to in section 67 of the Act is $1,654 and is payable within 90 days of submitting the application.

5Application for import or export permit#

The fee for the consideration by the Minister of an application for an import permit or an export permit is $610 and is payable within 30 days of submitting the application.

6Exemptions — analytical testing, research, etc.#

Sections 4 and 5 do not apply with respect to an application for a security clearance, import permit or export permit with respect to a licence within the meaning of the Industrial Hemp Regulations, a licence for analytical testing, a licence for research or a cannabis drug licence.

7Annual fee — entry year#

(1)The holder of one or more licences set out in column 1 of Schedule 2 with respect to the same site must, not later than 60 days after the earliest effective date of those licences, pay the following fee:

(a)if they hold only one of the following licences,

(i)$2,500, for a licence for micro-cultivation, a licence for a nursery or a licence for micro-processing, or

(ii)$23,000, for a licence for standard cultivation, a licence for standard processing or a licence for sale for medical purposes; or

(b)if the person holds more than one licence,

(i)in the case where one of the licences is a licence for sale for medical purposes, the lowest applicable fee referred to in subparagraph (a)(i) or (ii) with respect to the licences that the person holds, or

(ii)in all other cases, the highest applicable fee referred to in subparagraph (a)(i) or (ii) with respect to the licences that the person holds.

(2)The holder must, with respect to the fiscal year following the fiscal year during which the licence with the earliest effective date was issued for the same site, pay the following fee, not later than September 30 of that year,

(a)if the person holds only one licence set out in column 1 of Schedule 2 with respect to the site, the fee determined in accordance with column 2 of Schedule 2 with respect to the licence, based on the pro-rated cannabis revenue for the fiscal year during which the licence with the earliest effective date was issued, or

(b)if the person holds more than one licence set out in column 1 of Schedule 2 with respect to the site,

(i)in the case where one of the licences is a licence for sale for medical purposes, the lowest applicable fee determined in accordance with column 2 of Schedule 2 with respect to the licences that the person holds, based on the pro-rated cannabis revenue for the fiscal year during which the licence with the earliest effective date was issued, or

(ii)in all other cases, the highest applicable fee determined in accordance with column 2 of Schedule 2 with respect to the licences that the person holds, based on the pro-rated cannabis revenue for the fiscal year during which the licence with the earliest effective date was issued.

(3)The holder must, for the same site and with respect to each fiscal year subsequent to the fiscal year to which subsection (2) applies, pay the following fee, not later than September 30 of the subsequent year:

(a)if the person holds only one licence set out in column 1 of Schedule 2 with respect to the site, the fee determined in accordance with column 2 of Schedule 2 for the licence, based on the cannabis revenue set out in the statement of cannabis revenue referred to in subsection 8(1) for the fiscal year, or

(b)if the person holds more than one licence set out in column 1 of Schedule 2 with respect to the site,

(i)in the case where one of the licences is a licence for sale for medical purposes, the lowest applicable fee determined in accordance with column 2 of Schedule 2, based on the cannabis revenue set out in the statement of cannabis revenue, with respect to the licences that the person holds, or

(ii)in all other cases, the highest applicable fee determined in accordance with column 2 of Schedule 2, based on the cannabis revenue set out in the statement of cannabis revenue, with respect to the licences that the person holds.

(3.1)Despite subsections (2) and (3), if a holder is required to pay a fee under one of those subsections not later than September 30, 2020, the holder may pay the fee not later than March 31, 2021.

(4)For the purpose of this section,

(a)pro-rated cannabis revenue means the cannabis revenue set out in the statement of cannabis revenue referred to in subsection 8(1) for a fiscal year, multiplied by the number of days in the fiscal year divided by the number of days during which the licence was effective during the fiscal year.

(b)the effective date of a licence that has been continued in force under subsection 158(1) or 159 (1) of the Act is deemed to be October 17, 2018;

^note

8Statement of cannabis revenue#

(1)The holder of one or more licences set out in column 1 of Schedule 2 with respect to the same site must, no later than April 30 of a fiscal year, submit to the Minister a statement of the cannabis revenue for the preceding fiscal year with respect to those licences, including the amount received from the sale of cannabis and the amount paid for the purchase of cannabis that were used to determine the cannabis revenue.

(2)The holder must pay the following fee, not later than September 30 following the fiscal year during which the licence with the earliest effective date was issued with respect to the same site, if the amount is positive:

(a)if the person holds only one licence set out in column 1 of Schedule 2 with respect to the site, an amount equal to the difference between the fee determined in accordance with column 2 of Schedule 2 with respect to the licence, based on the cannabis revenue set out in the statement of cannabis revenue for the fiscal year during which the licence was issued, for the applicable licence set out in column 1 and the fee paid under paragraph 7(1)(a); or

(b)if the person holds more than one licence set out in column 1 of Schedule 2 with respect to the site,

(i)in the case where one of the licences is a licence for sale for medical purposes, an amount equal to the difference between the lowest applicable fee determined in accordance with column 2 of Schedule 2 with respect to the licences that the person holds, based on the cannabis revenue set out in the statement of cannabis revenue for the fiscal year during which the licence with the earliest effective date was issued and the fee paid under subparagraph 7(1)(b)(i).

(ii)in all other cases, an amount equal to the difference between the highest applicable fee determined in accordance with column 2 of Schedule 2 with respect to the licences that the person holds, based on the cannabis revenue set out in the statement and the fee paid under subparagraph 7(1)(b)(ii).

9Accounting standard for statements#

Statements that are submitted to the Minister for the purposes of this Order must be prepared in writing in accordance with the generally accepted accounting principles established by the Accounting Standards Board, the primary source of which is, in Canada, the CPA Canada Handbook — Accounting, and must be accompanied by a written document signed by the person responsible for the financial affairs of the holder of the licence certifying that the records were prepared in accordance with the standards.^note

10Exemptions — sale for medical purposes#

(1)The holder of a licence for sale for medical purposes and any other licence set out in column 1 of Schedule 2 , if any, is not required to pay the applicable fee referred to in subsection 7(1) and paragraphs 7(2)(a) and (b) and (3)(a) and (b) and subsection 8(2) for a fiscal year and for the same site if

(a)all the cannabis sold during the applicable fiscal year under those licences is sold in Canada to a person that is a client or a named responsible adult or to which an exemption has been granted under section 140 of the Act for a medical purpose and in relation to the cannabis or class of cannabis that is sold;

(b)subject to subsection (1.1), the holder signs and submits to the Minister a written document indicating that the holder intends to sell all cannabis during the applicable fiscal year only in Canada to a person that is a client or a named responsible adult or to which an exemption has been granted under section 140 of the Act for a medical purpose and in relation to the cannabis or class of cannabis that is sold

(i)in the case of the fee referred to in subsection 7(1), within 60 days after the earliest effective date of the licences, and

(ii)in any other case, not later than September 30 of every fiscal year.

(c)[Repealed, SI/2024-38, s. 1] (repealed)

(1.1)The holder of a licence for sale for medical purposes is not required to submit to the Minister the written document referred to in paragraph (1)(b) during the applicable fiscal year in any of the following cases:

(a)the holder’s licence is revoked or expires not later than September 30;

(b)the holder notifies the Minister not later than September 30 that the holder intends to cease conducting all the activities authorized by their licence; or

(c)the holder requests a revocation of their licence not later than September 30.

(1.2)In the case of a holder of a licence for sale for medical purposes who notifies the Minister in accordance with paragraph (1.1)(b), the holder is not required to submit the written document referred to in paragraph (1)(b) until the holder resumes conducting any activity authorized by their licence.

(2)The holder of a licence for sale for medical purposes with respect to a site and any other licence set out in column 1 of Schedule 2 with respect to another site is not required to pay a fee referred to in subsection 7(1) and paragraphs 7(2)(a) and (b) and (3)(a) and (b) and subsection 8(2) for a fiscal year and for any of the licences that the person holds if

(a)the holder does not hold any other licence set out in column 1 with respect to the site referred to in the licence for sale for medical purposes; and

(b)subject to subsection (1.1), the holder meets the conditions set out in paragraphs (1)(a) and (b).

^note

11Retention of documents and information#

The holder of a licence set out in column 1 of Schedule 2 must retain the following for not less than seven years after the day on which they are prepared and in a manner that will enable an audit to be made in a timely manner:

(a)documents or information stating the amount received from the sale of cannabis, the amount paid for the purchase of cannabis and the name of the person from which cannabis was purchased; and

(b)if section 10 applies to the holder, documents or information confirming that all sales of cannabis under the licence were made in Canada to a person that was, at the time of the sale, a client or a named responsible adult or to which an exemption had been, at the time of the sale, granted under section 140 of the Act for a medical purpose and in relation to the cannabis or class of cannabis that was sold.

^note

12Coming into Force#

This Order comes into force on October 17, 2018.

Schedule 1 · (Section 3)

Item | Column 1 | Column 2Licence | Fee ($)1 | licence for micro-cultivation | 1,6382 | licence for standard cultivation | 3,2773 | licence for a nursery | 1,6384 | licence for micro-processing | 1,6385 | licence for standard processing | 3,2776 | licence for sale for medical purposes | 3,277

Schedule 2 · (Section 7, 8, 10 and 11)

Item | Column 1 | Column 2Licence | Fee1 | licence for micro-cultivation | (a)If the cannabis revenue is $1 million or less, the greater of 1% of the cannabis revenue, and $2,500; or(b)if the cannabis revenue is greater than $1 million, the maximum amount determinable under paragraph (a) plus 2.3% of the amount by which the cannabis revenue exceeds $1 million.2 | licence for standard cultivation | The greater of 2.3% of the cannabis revenue and $23,000.3 | licence for a nursery | (a)If the cannabis revenue is $1 million or less, the greater of 1% of the cannabis revenue, and $2,500; or(b)if the cannabis revenue is greater than $1 million, the maximum amount determinable under paragraph (a) plus 2.3% of the amount by which the cannabis revenue exceeds $1 million.4 | licence for micro-processing | (a)If the cannabis revenue is $1 million or less, the greater of 1% of the cannabis revenue, and $2,500; or(b)if the cannabis revenue is greater than $1 million, the maximum amount determinable under paragraph (a) plus 2.3% of the amount by which the cannabis revenue exceeds $1 million.5 | licence for standard processing | The greater of 2.3% of the cannabis revenue and $23,000.6 | licence for sale for medical purposes | The greater of 2.3% of the cannabis revenue and $23,000.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.