Canada – Govt Publishes – Compliance and enforcement of the Cannabis Act report: Inspection data summary 2019-2020

Here’s the report’s introduction and summary

Read More At.  https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/research-data/compliance-enforcement-report-cannabis-inspection-data-summary/2019-2020.html

This summary includes results for cannabis inspections from April 1, 2019 to March 31, 2020.

Types of inspections

The types of inspections are described as follows:

Sales inspection

Conducted in relation to the issuance of a sales licence to verify that the licence holder meets the requirements of the Cannabis Act and its regulations including, but not limited to, Good Production Practices, packaging, labelling, shipping, and record keeping.

Regular inspection

Conducted to monitor and verify compliance of the licence holder with the requirements of the Cannabis Act and its regulations.

Targeted inspection

Conducted to verify compliance of the licence holder with particular areas of the Cannabis Act and its regulations.

Promotions inspection

Conducted to assess compliance with promotion requirements as defined in the Cannabis Act and its regulations.

Registered personal and designated production of cannabis for medical purposes inspection

Conducted to monitor and verify compliance of the requirements for persons registered to produce cannabis for their own medical purposes or for production of cannabis by a designated person as defined under Part 14 Division 2 of the Cannabis Regulations.

Definitions of observations

An observation is a deficiency or deviation from legislative or regulatory requirements that is:

  • noted by an inspector during an inspection and
  • confirmed in writing to the licence holder in the inspection report

An observation is classified by the following types:

Critical observations

A critical observation represents the most serious deviation or deficiency of the act or its regulations. Critical observations are those that are likely to:

  • increase the immediate risk of diversion
  • prevent the detection of diversion
  • present an imminent health risk
  • may also involve the possibility of deliberate fraud, misinterpretation, or falsification of information

Major observations

A major observation describes a situation that may result in a risk to public health or public safety, or may involve fraud, or may increase the risk of diversion, prevent the detection of diversion or health risk.

Minor observations

A minor observation describes a situation that is neither critical nor major, but is a deviation or deficiency from the act or its regulations. Minor observations will likely not increase the risk of diversion, prevent the detection of diversion or health risk.

No classification

Promotions inspections support the assessment of compliance for promotion activities and the associated requirements by gathering information. Observations are not made for these types of inspections, however deficiencies are noted for further review.

Registered personal and designated production of cannabis for medical purposes inspections assess for any deficiency or deviation from legislative or regulatory requirements. Observations are made but are not classified for these inspections.

For more information, consult the Inspection results section.

Inspection ratings

An inspection can be assigned a compliant or non-compliant rating, based on the number and severity of observations noted during an inspection.

Compliant rating

A compliant inspection rating means that, at the time of the inspection, the licence holder has met the applicable legislative and regulatory requirements and is in control of the regulated activities under their responsibility.

A compliant inspection rating may be assigned even when observations are present.

Non-compliant rating

A non-compliant inspection rating means that, at the time of the inspection, the licence holder has not met the applicable legislative and regulatory requirements, and may not be fully in control of the regulated activities under their responsibility.

No rating

Promotions inspections are not assigned ratings since observations are not made. The purpose is to support the assessment of compliance for promotion activities and the associated requirements by gathering information.

Registered personal and designated production of cannabis for medical purposes inspections were not assigned inspection ratings since observations were not classified.

Overview

An inspection rating was assigned to 295 of 417 inspections conducted under the Cannabis Act and its regulations. Promotions and Registered personal and designated production of cannabis for medical purposes inspections (87 of 417) were not assigned a rating. Some Sales and Targeted inspections (35 of 417) were not assigned a rating and an explanation is provided in the Inspection results section.

For more information, consult the Inspection results section.

A total of 417 inspections of regulated parties were conducted from April 1, 2019 to March 31, 2020 under the Cannabis Act and its regulations (Figure 1).

Figure 1. Number of inspections conducted by inspection type under the Cannabis Act and its regulations (April 1, 2019 to March 31, 2020)

Figure 1 – Text equivalent

Measures initiated by Health Canada

Regulated parties must take corrective actions during or after the inspection to address any noted deficiencies or deviations from the legislative or regulatory requirements.

Health Canada may take enforcement actions to address non-compliance or to mitigate risks to public health or public safety. These may include, but are not limited to, issuance of warning letters, seizure and detention of products, licence suspension or revocation.

Between April 1, 2019 and March 31, 2020, under the Cannabis Act and its regulations, the following measures were initiated:

  • 5 warning letters were issued to formally advise the licence holders of their non-compliance and to require corrective measures
  • 20 seizures and detentions of products were conducted
  • 3 licences were suspended
  • 2 licences were revoked as a result of non-compliance rating

For more information, consult the Inspection results section.

Inspection results

Table 1 gives inspection data for licence holders from April 1, 2019 to March 31, 2020. Details include: Licence holder’s name and the province or territory where they are located, inspection start date, inspection type, if sampling was conducted, classification of observations made, inspection compliance rating, and any measures initiated by Health Canada.

Promotions inspections highlights

5 inspections at promotional events or establishments were conducted from April 1, 2019 to March 31, 2020:

  • 1 in Nova Scotia
  • 3 in Ontario
  • 1 in Quebec

Between April 1, 2019 and March 31, 2020, Health Canada conducted 234 promotions related compliance verification activities which resulted in 130 actions taken. These actions include one or more of the following: warning letters, compliance emails, and compliance promotion emails or calls. In the order of highest to lowest priority of actions, during the reporting period, Health Canada undertook:

  • 4 warning letters
  • 18 compliance emails
  • 108 compliance promotion emails or calls

In addition to the above mentioned activities, Health Canada proactively engages with regulated parties through compliance promotion calls, letters and sessions. Between April 1, 2019 and March 31, 2020, the following compliance promotion activities were conducted:

  • 60 compliance promotion calls
  • 7 compliance promotion letters
  • 22 compliance promotion sessions

Registered personal production of cannabis for medical purposes inspection highlights

Health Canada continues to strengthen the oversight of persons authorized to produce a limited amount of cannabis for medical purposes. This includes:

  • enhancing the verifications of applications where risk factors of public health and safety are identified, including where the healthcare practitioner has authorized a high amount and those applications with multi-unit alternate production sites (such as, not a primary residence)
  • continuing and increasing collaboration and engagement with key stakeholders, which include law enforcement and municipalities
  • continuing the proactive sharing of information with provincial and territorial health professional licensing authorities
  • applying new powers to refuse or revoke a registration on the grounds of public health and public safety
  • increasing the focus on compliance promotion with registrants.

Between April 1, 2019 and March 31, 2020, 82 inspections associated with 82 registrations were conducted in the following locations:

  • 14 in British Columbia
  • 2 in Manitoba
  • 22 in Ontario
  • 44 in Quebec

91 observations were made in total for the 82 inspections:

  • 21 inspections resulted in no observations
  • 61 inspections resulted in 1 to 3 observations for each inspection:
    • 37 inspections (1 observation)
    • 18 inspections (2 observations)
    • 6 Inspections (3 observations)

As part of the follow-up to these inspections, Health Canada will send compliance letters to educate personal and designated registrants of the requirements of the Cannabis Act and Cannabis Regulations. These letters will provide personal and designated registrants with general information regarding their responsibilities and obligations as a registered person, other requirements that apply in relation to personal and designated production, and general information about the compliance and enforcement tools available to Health Canada.

Furthermore, Health Canada reviews the observations made during the inspections and takes a graduated and proportional approach to address any risks to public health and safety. These include, but are not limited to, issuing a notice of intent to revoke, and/or revoking registrations, and refusing new applications.

Table 1: Inspection data

Find the most recent licensing status of licence holders in the list of licensed cultivators, processors and sellers of cannabis or Laboratories authorized to conduct analytical testing.

 

 

Also, Read MJ Biz Analysis
Health Canada seized more than 35M grams of marijuana, 7,800 plants after inspections

https://mjbizdaily.com/health-canada-seized-more-than-35-million-grams-of-cannabis-7800-plants/

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