MMPR Grow op: Small Scale

[maximum]

Regarding the security clearance form found here http://www.tbs-sct.gc.ca/tbsf-fsct/330-60-eng.asp

Looks like there are 3 levels of checks. Level I, II, III. Have any of you guys seen anything in the proposed guidelines about the level required?

 

[Nocollins2k]

Good Luck to you Maxiumum... Go for it

 

[CdnSimon]

Maximum, are you in the north or south area of AB? "Rather not say" is fine too

 

[maximum]

Im in Calgary.

 

[CdnSimon]

Hi Maximum,

I don't think you can apply for any standard security clearance in advance. It is a specific clearance ("enhanced" in their words) conducted by the minister.

"The proposed MMPR also include requirements that the holder of the production licence, directors and officers (in the case of a corporation) and all key personnel must hold enhanced security clearances prior to the issuance of a producer’s licence. To obtain an enhanced security clearance, these individuals would be required to submit an application with personal information and documents to Health Canada, so that checks and verifications of relevant files of law enforcement agencies could be conducted."

In the Gazette regs, section 82 describes a specific list of infos that you have to send in. They don't indicate that you can use any standard form.

 

[maximum]

Hi Maximum,

I don't think you can apply for any standard security clearance in advance. It is a specific clearance ("enhanced" in their words) conducted by the minister.

"The proposed MMPR also include requirements that the holder of the production licence, directors and officers (in the case of a corporation) and all key personnel must hold enhanced security clearances prior to the issuance of a producer’s licence. To obtain an enhanced security clearance, these individuals would be required to submit an application with personal information and documents to Health Canada, so that checks and verifications of relevant files of law enforcement agencies could be conducted."

In the Gazette regs, section 82 describes a specific list of infos that you have to send in. They don't indicate that you can use any standard form.

Is it this form?
http://www.tbs-sct.gc.ca/tbsf-fsct/330-23-eng.pdf

It involves a credit check.

I got it from http://en.wikipedia.org/wiki/Security_clearance
"
Individuals who need to have RS because of their job or access to federal government assets will be required to sign the Personnel Screening, Consent and Authorization Form (TBS/SCT 330-23e).
Reliability Status (RS) - formerly known as enhanced reliability status (ERS)

• Reliability checks are done by verifying personal data, criminal records check, educational, and professional qualifications, data on previous employment and references. As well, a fingerprint check, and a credit check may be required.
• This level of clearance will grant the right to access designated documents with markings of Protected A, B & C information/assets on a need-to-know basis. It is mandatory for individuals when the duties or tasks of a position or contract necessitate access to protected information and assets, regardless of the duration of an assignment"

I was hoping to avoid a lawyer at every single step but its looking more like its needed.

More info on Enhanced security clearance in canada
http://answers.yahoo.com/question/index?qid=20090311125713AAzyupG

 

[CdnSimon]

I'm referring to Section 82 of the MMPR in the gazette, under the "Security" heading.
It looks like it's a specific list, they want you to submit all of this information in a statement and the minister conducts the security check.
If they were happy with a pre-existing standard security clearance then they would probably say so... but all they say in the MMPR is to submit this info.
Just send them a letter with these infos under the right headings and you will be fine.


(2) An application for a security clearance must include the following information and documentation, to be used only for the purposes of sections 84 and 85:

• (a) the applicant’s usual given name used, other given names, surname, all other names used and details of any name changes;
  (b) the applicant’s date of birth, gender, height, weight, and eye and hair colour;
• (c) if the applicant was born in Canada, the number and province of issue of their birth certificate;
• (d) if the applicant was born outside Canada, their place of birth, the port and date of entry, and, in the case of a naturalized Canadian or permanent resident, the number of the applicable certificate issued under the Citizenship Act or theImmigration and Refugee Protection Act;
• (e) either of the following documents:
• • (i) a copy of a valid piece of photo identification issued by the government of Canada or a province, or
    (ii) a copy of the applicant’s passport that includes the passport number, country of issue, expiry date and the applicant’s photograph;
• (f) the addresses of all locations at which the applicant resided during the five years preceding the application;
  (g) an identification of the applicant’s activities during the five years preceding the application, including the names and street addresses of the applicant’s employers and any post-secondary educational institutions attended;
• (h) the dates, destination and purpose of any travel of more than 90 days outside Canada, excluding travel for government business, during the five years preceding the application;
• (i) the information referred to in subsection (3) respecting the applicant’s spouse or common-law partner and any former spouses or common-law partners;
• (j) the applicant’s fingerprints, taken by a member of a Canadian police force;
• (k) a facial image of the applicant for identification purposes, certified by a member of a Canadian police force; and
• (l) a statement signed by the licensed producer or the applicant for a producer’s licence certifying that the applicant for the security clearance requires or will require a security clearance and specifying the reasons for that requirement.

 

[maximum]

"The proposed MMPR also include requirements that the holder of the production licence, directors and officers (in the case of a corporation) and all key personnel must hold enhanced security clearances prior to the issuance of a producer’s licence. To obtain an enhanced security clearance, these individuals would be required to submit an application with personal information and documents to Health Canada, so that checks and verifications of relevant files of law enforcement agencies could be conducted. As well as criminal record checks, these clearances would involve a global evaluation of the applicant’s potential associations with criminal or violent organizations, associations with individuals linked to such organizations, and the risk of whether the applicant might be induced to assist, abet or commit any acts that would pose a risk to the control of the production and distribution of cannabis. Should the applicant not successfully obtain a security clearance, the production licence would be refused."

So it sound to me like getting the security clearance out of the way now would be a good idea as it is needed down the road. Is that how you read it? Then when we apply for licensing, the security clearance being done is a prerequisite?

DIVISION 7
SECURITY CLEARANCES
Eligibility
82. Only the following persons may submit to the Minister an application for a security clearance:
(a) a person named in an application for a producer’s licence as
(i) the proposed senior person in charge,
(ii) the proposed responsible person in charge, or
(iii) if applicable, the proposed alternate responsible person in charge;
(b) if a producer’s licence is sought for an individual, that individual;
(c) if a producer’s licence is sought for a corporation, each officer and director of the corporation;
(d) a person referred to in any of subparagraphs 32(1)(a)(i) to (iii); and
(e) the holder of a security clearance.

According to this I should be eligible. Because eligibility is based around me wanting to become a licensed producer. So far so good, lets move on to the application. So from what your saying cdnSimon, is that I dont fill out a form, instead I include documents. The contents of which are as follows:

Content of application
(2) An application for a security clearance must include the following information and documentation, to be used only for the purposes of sections 84 and 85:
(a) the applicant’s usual given name used, other given names, surname, all other names used and details of any name changes;
(b) the applicant’s date of birth, gender, height, weight, and eye and hair colour;
(c) if the applicant was born in Canada, the number and province of issue of their birth certificate;
(d) if the applicant was born outside Canada, their place of birth, the port and date of entry, and, in the case of a naturalized Canadian or permanent resident, the number of the applicable certificate issued under the Citizenship Act or the Immigration and Refugee Protection Act;
(e) either of the following documents:
(i) a copy of a valid piece of photo identification issued by the government of Canada or a province, or(ii) a copy of the applicant’s passport that includes the passport number, country of issue, expiry date and the applicant’s photograph;
(f) the addresses of all locations at which the applicant resided during the five years preceding the application;
(g) an identification of the applicant’s activities during the five years preceding the application, including the names and street addresses of the applicant’s employers and any post-secondary educational institutions attended;
(h) the dates, destination and purpose of any travel of more than 90 days outside Canada, excluding travel for government business, during the five years preceding the application;
(i) the information referred to in subsection (3) respecting the applicant’s spouse or common-law partner and any former spouses or common-law partners;
(j) the applicant’s fingerprints, taken by a member of a Canadian police force;
(k) a facial image of the applicant for identification purposes, certified by a member of a Canadian police force; and
(l) a statement signed by the licensed producer or the applicant for a producer’s licence certifying that the applicant for the security clearance requires or will require a security clearance and specifying the reasons for that requirement.

So there is no information here about a credit check. (A credit check concerns me because we got wiped out in 2008 and defaulted on our mortgage.) Lets move on. Now we will need info on spouse or common law.

Spouse or common-law partner
(3) The information required in respect of any of the persons referred to in paragraph (2)(i) is
(a) in the case of the applicant’s spouse or common-law partner, the following information:
(i) their gender, full given name, surname and, if applicable, maiden name,
(ii) their date and place of birth and, if applicable, date of death,
(iii) if born in Canada, the number and province of issue of their birth certificate,
(iv) if born outside Canada, their place of birth, their nationality and the port and date of entry into Canada, and
(v) their present address, if known; and
(b) in the case of former spouses and common-law partners with whom the relationship ended within the preceding five years, the information referred to in subparagraphs (a)(i), (ii) and (v).

Signed by applicant
(4) The application for a security clearance is valid only if signed by the applicant.

Again thats pretty basic information. No problems here. Lets move on.

Checks and verifications
84. On receipt of a fully completed application for a security clearance, the Minister must conduct the following checks and verifications for the purpose of assessing whether an applicant poses a risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use:
(a) a criminal record check in respect of the applicant; and
(b) a check of the relevant files of law enforcement agencies, including intelligence gathered for law enforcement purposes.

cdnsimon, how do you understand this? My understanding here is that the "fully completed application" is referring to the documents listed above under "content of application". There is no formal FORM we need to use in this case? Also, compared to the formal forms that I posted links to previously in this thread (standard 3 level security clearance form and also the enhanced form) the documents that are listed under "content of application" seem to want less information. Non family references are not mentioned here. Neither are charecter references, credit checks, financial assesments. Does this mean that the security clearance for licensed cannabis producers is different from a standard and enhanced security clearance?
Lets move on to the ministers decision.

Minister’s decisions
85. The Minister may grant a security clearance if, in the opinion of the Minister, the information provided by the applicant and that resulting from the checks and verifications is verifiable and reliable and is sufficient for the Minister to determine, by an evaluation of the following factors, to what extent the applicant poses a risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use:
(a) whether the applicant has been found guilty as an adult, in the past 10 years, of
(i) a designated drug offence,
(ii) a designated criminal offence, or
(iii) an offence committed outside Canada that, if committed in Canada, would have constituted an offence referred to in subparagraph (i) or (ii);
(b) whether it is known or there are reasonable grounds to suspect that the applicant
(i) is or has been involved in, or contributes or has contributed to, illegal activities directed toward or in support of the trafficking or diversion of controlled substances or precursors, taking into account the relevance of those activities to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use,
(ii) is or has been a member of a criminal organization as defined in subsection 467.1(1) of the Criminal Code, or participates or has participated in, or contributes or has contributed to, the activities of such a group as referred to in subsection 467.11(1) of the Criminal Code, taking into account the relevance of those factors to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use,
(iii) is or has been a member of an organization that is known to be involved in or to contribute to — or in respect of which there are reasonable grounds to suspect involvement in or contribution to — activities directed toward or in support of the threat of or the use of, acts of violence against persons or property, or is or has been involved in, or is contributing to or has contributed to, the activities of such a group, taking into account the relevance of those factors to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use, or
(iv) is or has been associated with an individual who is known to be involved in or to contribute to — or in respect of whom there are reasonable grounds to suspect involvement in or contribution to — activities referred to in subparagraph (i), or is a member of an organization or group referred to in subparagraph (ii) or (iii), taking into account the relevance of those factors to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use;
(c) whether there are reasonable grounds to suspect that the applicant is in a position in which there is a risk that they be induced to commit an act or to assist or abet any person to commit an act that might constitute a risk to the integrity of the control of the production and distribution of cannabis under the Act and its regulations, including the risk of cannabis being diverted to an illicit market or use;
(d) whether the applicant has had a security clearance cancelled; and
(e) whether the applicant has filed false or misleading information relating to their application for a security clearance.

Everything here is centered around diverting cannabis to an illicit market. For me this isn't an issue. I have no criminal background. And as far as I know, Im not under investigation.
There is one section that concerns me. If for whatever reason we dont include enough information, or make some mistake and we get refused. It looks like its not easy to just mail in another request for security clearance.

New applications
91. If the Minister refuses to grant or cancels a security clearance, an applicant may submit a new application only if
(a) a period of five years has elapsed after the day on which the refusal or cancellation occurs; or
(b) a change has occurred in the circumstances that led to the refusal or cancellation.

 

[maximum]

Lab Testing. Not a lot is said about it.

Analytical testing

(3) Analytical testing for microbial and chemical contaminants and for levels of delta-9-tetrahydrocannabinol and cannabidiol must be conducted using validated methods.

And also

Licensed producers could also become licensed to conduct certain activities with standardized samples of chemicals that occur naturally in the marihuana plant in order to conduct analytical testing of dried marihuana. For example, they would need to possess pure samples of THC and cannabidiol in order to determine the percentage of THC and cannabidiol in marihuana. In the proposed MMPR, and in this document, cannabis is an inclusive term that is used to capture all of the substances in the scope of the proposed MMPR.


Sale or provision

(2) A licensed producer who sells or provides dried marihuana

• (a) must keep records of any testing conducted by or on behalf of the licensed producer in respect of any lot or batch of the dried marihuana;
  
  
• (b) must keep records of information necessary for the system of control referred to in section 53; and
  
  
• (c) must keep a record of the information that the Minister is required by section 56 to be provided with in respect of the recall of dried marihuana.

So to me this reads we can get a third party to do the testing. We wont need a on site lab. Is that how you guys read it?

If so thats great news. I already do lab testing because I grow for patients that require a certain cannabinoid profile. I do all my profile testing with Dr.Hornby. His company name is Hedron Analytical Inc. http://www.hedron.ca/

I asked Dr.Hornby if his services satisfy the requirements of the new MMPR. He told me its "possible" and that I should ask him in a couple months so he would probably know by then. His standard rates vary based on volume of samples. They start at $100. But come down from there.

 

[CdnSimon]

I think you are on the right track with the security clearance. Just provide what they ask, point by point.

The warning about waiting 5 years between clearances doesn't apply to an incomplete application. It applies to a failed clearance, i.e. something in your records that are a problem for the purpose you are applying for. Like credit card fraud if you want to be a financial advisor, murder if you want to work in a daycare, etc. If there is missing information or a misunderstood requirement, you won't be disqualified for 5 years for that

Since there is no credit check mentioned, they won't conduct one. You are right on the money with your observation that they are focused on diversion. They are only going to focus on areas that are relevant to their security concerns, that is normal for every criminal record check I have ever completed. For MMAR, it was drug offences; to work in a school, violent offenses. I expect they won't look in to family, character, finances since you are not applying for a high profile position in government. Those super thorough form based checks are for people that want to work for a minister, and would expose a gov't department to risk.

I think you could apply in advance for the security clearance, if you want to; just make sure to write a cover letter stating that the purpose is to apply for security clearance in advance of applying to be a licensed producer. I wouldn't bother sending it in until the next round of docs get published about the MMPR, supposed to come in late March. They might say more about the sequence of the process that they're looking for. They have promised an application guidance doc for licensed producers, I'm eagerly awaiting that one.

Re. Analytical testing.
Since the THC/CBD testing is a new thing (there are no other industries doing it at this time) I think the emphasis will be on using the same grade of testing procedures that you would use for the other tests.
A CBD/THC testing kit from a manufacturer that produces mainstream approved tests might be a good start. I am building a clean room just for testing: it will have sealed surfaces and light fixtures, a door separating it from the other areas, and a laminar flow hood for the work surface and to decontaminate the room. Fungi Perfecti ships flow hoods for this kind of purpose.

Your idea of using an outside source is a good one! I might use your guy too, if he turns out to be acceptable to HC, and if I don't have the clean room build on time. I have a friend with a Chemical Technology degree who has done lots of testing protocols before and would be able to design the process and do the tests. Her process will then be approved, in the larger work flow, by the QA person.
If HC approves my license and my testing setup, I can do it for you too

 

[CdnSimon]

Regarding testing OTHER than THC/CBD, here is the info from the technical guidance document.
This is an area for the QA person to design and approve the methodology.
I think you will find guidance in one of the publications that FDA(B) lists, to design a protocol and build conditions for testing, but I haven't delved that far yet!

MMPR s48. (1)

The microbial and chemical content of dried marihuana must be within generally accepted tolerance limits for herbal medicines for human consumption, as established in any publication referred to in Schedule B to the Food and Drugs Act.

Guidance: Schedule B of the Food and Drugs Act[SUP]Footnote1[/SUP] lists recognized international publications which set technical specifications for pharmaceutical drugs, herbal medicines, and dietary supplements. LPs must maintain consistent specifications for their products according to these publications, and assess each lot or batch of dried marihuana against those specifications before approving the release of a lot or batch for sale.
As an example, one potential Schedule B publication which could be chosen is the European Pharmacopeia (EP)[SUP]Footnote2[/SUP]. All relevant specifications from the EP would then apply. This would include chapter 5.8.1 (current edition 7.5): "Microbial Quality of Herbal Medicinal Products for Oral Use". In this case, testing for total aerobic microbial count, total combined yeast and moulds count, bile-tolerant gram negative bacteria,Escherichia coli, and Salmonella would have to be conducted, and the results would have to be below the limits listed in Table C of that chapter before the product could be released for sale. In addition, testing for aflatoxins must also be conducted, with methods and limits as specified in Chapter 2.08.18 (Determination of aflatoxin B1 in herbal drugs) of the EP. These limits are required to demonstrate that the dried marihuana has been produced under sanitary conditions, and that it is appropriate for human consumption. The general monograph on herbal drugs in this same publication would also apply, with the associated limits on heavy metals.
Other microbial and chemical contaminant limits for herbal medicines from a Schedule B publication are acceptable. Note that it is the licensed producer's responsibility to decide on the specifications and methods to be used for testing, and to ensure that the testing conducted is both complete and appropriate for dried plant material for human consumption.

 

[maximum]

Im just waiting for the final changes to get announced before proceeding any further.

 

[maximum]

Ive still been trying to find leases through kijiji. I must say, that the feedback is ALL NO. The odd person asked a few questions but it never went anywhere. Ive emailed another dozen people this week. Even people with properties that are out of city limits. Empty shells on acreages and they dont even want licensed cannabis cultivation on their property.

Hopefully health canada will release the new changes some time soon. Since they said we can start in april 2013. Although Im not happy with the poor feedback here in calgary from property owners.

 

[CdnSimon]

I feel your pain. I had to do a lot of leg work to get into a deal with a land owner that I know.
I was not looking forward to cold calling for-rent ads!

One suggestion is to see if you can get an ad accepted by kijiji that might get stumbled on by someone in the country with land.

For example, "Business partner and/or rental building wanted", in the description something like "I am seeking space to run a greenhouse operation for licensed production of medicinal crops. I am open to business partnership with a landowner outside city limits who has a secure building torent, who would like to be part of this venture. Hydroponics, soil cultivation."

Just make sure there are good keywords in there, that's the whole point...that's why "hydroponics", "business", "rent", "greenhouse" are all there.
It is a problem of matching seekers to providers, not a problem of people that would be interested in this...I guarantee you there are hundreds of people in the Calgary area that have what you are looking for and would be open to going into business with you. The problem is, none of them happen to be putting their spaces up for rent in Kijiji. But some of them are reading kijiji! And searching for keywords like "hydroponic", looking for gear for their small grow, and would see your ad and offer their workshop or oversized garage.

If you make friends then you have an instant helper who is able to oversee the property outside hours. That's why I opted for this approach, in the country side instead of in the city, with a landlord who is keen enough on the process to want to help keep an eye on things, and contribute to basic tasks for fun.


I'm also eagerly awaiting the application form and guidelines...I do a google search every morning hoping that they've released new docs but haven't seen anything younger than December

 

[rotorbuds]

Hello,

I am also very keen to provide patients with there medicine at this capacity. Years of organic growing experience, clean criminal record, living outside of Calgary.

Can you PM please?

Thank you,

Dylan

 

[redi jedi]

Ive still been trying to find leases through kijiji. I must say, that the feedback is ALL NO. The odd person asked a few questions but it never went anywhere. Ive emailed another dozen people this week. Even people with properties that are out of city limits. Empty shells on acreages and they dont even want licensed cannabis cultivation on their property.

Hopefully health canada will release the new changes some time soon. Since they said we can start in april 2013. Although Im not happy with the poor feedback here in calgary from property owners.

This is why you need to purchase and not rent.

 

[CdnSimon]

Definitely, purchasing is the way! Want to loan me $150,000?
For a venture loan I am offering 20% return, compounded monthly, 36 months payback. That will return $272,000 on the loan after 3 years.
That goes to anyone that wants to make a legit investment. High risk, high return
As a bonus to investors: you can visit, volunteer time, get involved if this is a hobby or passion for you. Who knows some wealthy hippies?

 

[redi jedi]

Definitely, purchasing is the way! Want to loan me $150,000?
For a venture loan I am offering 20% return, compounded monthly, 36 months payback. That will return $272,000 on the loan after 3 years.
That goes to anyone that wants to make a legit investment. High risk, high return
As a bonus to investors: you can visit, volunteer time, get involved if this is a hobby or passion for you. Who knows some wealthy hippies?

Once you manage to find a landlord that will knowingly rent you space....the rent will probably be equal or greater than a mortgage payment.

 

[bigdaddykush]

i too am a dg looking into the future program in hopes to become a Lp in located around the toronto area if anyone around here would like to try and team up to get something going. maximum your doing a good thing here helping us all out man. im striving to become a lp and fear if i do not get it as soon as all this happens i never will

 

[CdnSimon]

At the moment I am looking for other people in the Edmonton area that are seeking growing space. I am putting up a new building south of Edmonton. I'm building extra bays for additional licensed growers to cover financing costs.

There are other benefits like security system and sharing infrastructure with each other. This is a great opportunity for anyone wanting to be a licensed producer in the area. Rent will be reasonable, with a lease.

Contact me at [email protected] to discuss.