In fiscal year 2023-24, Health Canada maintained its ability to conduct inspections by the cannabis program's risk-based approach and focused on activities that represented the highest risk to public health and public safety. The program continued to conduct offsite and hybrid inspections, and compliance verifications, while also continuing to conduct onsite planned inspections, including compliance verifications and inspections of registered personnel and designated production of cannabis for medical purposes. Health Canada continues to strengthen its oversight to reduce the risk of misuse of cannabis for medical purposes framework while maintaining reasonable access to cannabis for medical purposes for the people of Canada.
This summary includes results for cannabis inspections conducted from April 1, 2023, to March 31, 2024. During this fiscal year, a total of 662 inspections were conducted under the Cannabis Act and its regulations (Figure 1), which included 160 inspections of registered personnel and designated production of cannabis for medical purposes. In addition, between April 1, 2023, and March 31, 2024, a total of 133 additional activities, such as sampling, seizure detention, and destruction, were conducted under the Cannabis Act and its regulations (Figure 2).
During this fiscal year, Health Canada issued 21 non-compliant inspection reports to license holders under the Cannabis Act and its regulations. Examples of issues observed included: non-compliance related to good production practices (GPP), unsatisfactory retention of documents and information, and not conducting activities as per their responsibilities. For more information, please refer to Table 1 Licence holder inspection results below.
Figure 1. Number of inspections conducted by inspection type under the Cannabis Act and its regulations (April 1, 2023 to March 31, 2024)
In addition to the abovementioned inspection activities, Health Canada conducted the following additional activities between April 1, 2023 and March 31, 2024 under the Cannabis Act and its regulations (Figure 2).
Figure 2. Number of additional activities conducted under the Cannabis Act and its regulations (April 1, 2023 to March 31, 2024)
Measures initiated by Health Canada
Health Canada may take enforcement actions to address non-compliance or to mitigate risks to public health or public safety. These include but are not limited to, the issuance of warning letters, seizure, and detention of products, license suspension, or revocation.
As a result of the 662 inspection activities undertaken between April 1, 2023, and March 31, 2024, Health Canada's Cannabis Inspection Program issued 21 non-compliant inspection reports to license holders under the Cannabis Act and its regulations, and initiated the following escalated compliance actions:
- 3 warning letters were issued to formally advise license holders of their non-compliance and to request corrective measures
- 5 seizures and detentions of products
- 2 administrative monetary penalty recommendations and 2 notices of violation issued
Regulated parties must take corrective actions during or after the inspection to address any noted deficiencies or deviations from the legislative or regulatory requirements.
For more information, consult the Licence holder inspection results section below.
Registered personal and designated 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 or public safety are identified, including where the health care practitioner has authorized a high daily amount of dried cannabis, and applications with multi-unit alternate production sites, such as those with sites that are not the primary residence of the applicant.
- continuing and increasing collaboration and engagement with key stakeholders, including law enforcement and municipalities.
- continuing the proactive sharing of information with provincial and territorial health professional licensing authorities.
- applying 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, 2023, and March 31, 2024, 160 inspections were conducted in the following locations:
- 74 in British Columbia
- 63 in Ontario
- 18 in Quebec
- 5 in New Brunswick
Of the 160 inspections completed, 93 inspections received a level 3 rating, 17 inspections received a level 2 rating, 36 inspections received a level 1 rating, and 14 inspections were not rated.
Health Canada reviews the observations made during these inspections and takes a graduated and proportional enforcement approach to address any risks to public health and safety. Based on the 160 personal and designated production inspections conducted between April 1, 2023, and March 31, 2024, to date, Health Canada revoked or refused 29 registrations, and additional actions are currently ongoing or under consideration.
As part of the follow-up to these inspections, Health Canada sends compliance letters to educate personal and designated registrants of the requirements of the Cannabis Act and the Cannabis Regulations. These letters provide personal and designated registrants with general information regarding their responsibilities and obligations as registered persons, outline other requirements, and provide general information about the compliance and enforcement tools available at Health Canada.
To address the risk of abuse of the medical access program, Health Canada also refuses or revokes registrations based on actions taken by law enforcement and requests information from healthcare practitioners to substantiate applications for high daily amounts.
Industrial hemp license holders
In the fiscal year 2023-24, Health Canada conducted 31 industrial hemp compliance monitoring project inspections and 24 plant breeder compliance monitoring project inspections of license holders under the Industrial Hemp Regulations. The inspection results of these compliance monitoring projects were all found to be compliant.
Compliance verification activities related to promotions
In addition to the inspection activities noted above, Health Canada verifies compliance with the promotional prohibitions under the Cannabis Act for any person conducting these activities.
Between April 1, 2023, and March 31, 2024, Health Canada assessed 243 cases of potential non-compliance related to promotions. This resulted in 134 actions with regulated parties, which may include one or more of the following: warning letters, compliance emails or letters (where action, including following up with Health Canada is required by the recipient), administrative monetary penalties and compliance promotion emails or calls (which provide information to regulated parties to enhance understanding on the Cannabis Act and how to comply). In the order of highest to lowest priority of actions, during the reporting period, Health Canada initiated:
- 89 compliance emails or letters
- 45 compliance promotion emails or calls
Source: Government of Canada