Update on ATIP to Health Canada regarding MMAR

Submitted by Kirk Tousaw on Fri, 02/25/2011 - 2:26pm
in

I recently sent an ATIP to Health Canada.  Here is the updated dialogue (I removed the name and identifying information of the individual handling the request):

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Good afternoon:

 
My responses appear below the queries.  Thank you for your attention to this matter.
 
Sincerely,
 
Kirk Tousaw
Executive Director
Beyond Prohibition Foundation
142-757 West Hastings, Suite 211
Vancouver, British Columbia V6C1A1
(c) 604.836.1420
(f) 1.866.310.3342

On Thu, Feb 24, 2011 at 12:36 PM, ATIP wrote:

Good afternoon Kirk,

The Office of Primary Interest regarding the above mentioned requests is seeking clarification. I will send you each request below with the clarification they are seeking to avoid any confusion and which request it is relative to . Please regard these requests as being on hold until I hear back from you.

Kindest regards,

ATIP

1. A-2010-01301

All currently utilized policies and procedures related to the intake, processing and issuance of Authorizations to Possess Dried Marihuana, Personal Use Production Licenses and Designated-Person Production Licenses (collectively, ‘Licenses’)

Please define what type of licences this request is referring to?

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This request refers to (a) Authorizations to Possess Dried Marihuana; (b) Personal Use Production Licenses; (c) Designated Person Production Licenses as those terms are defined in section 1 of the Marihuana Medical Access Regulation (MMAR).   
 
The above appears to me to be quite clear from the request language itself particularly if read in conjunction with the "Background" portion which makes clear that my interest is in the MMAR.


2. A-2010-01302

All documents related to complaints received by Health Canada regarding delays associated in the processing and/or issuance of Licenses

- Please clarify timeframe
- Please define what is meant by "all documents".
- Please define what type of licences 

________________________________________________________________________________________________________________
 

Timeframe should be October 27, 2008 through the present day.  All documents has the meaning ascribed to the term "records" in the request ("This request for records includes, but is not limited to, correspondence, briefing notes, memorandum, legal opinions, emails, notes of verbal conversations, call centre records and any studies conducted by or used by Health Canada.").  Licenses is defined above.


3. A-2010-01303

All records related to planned, discussed and/or implemented changes to
Health Canada policies regarding intake, processing, issuance and delays associated with Licenses for the period October 27, 2008 through the present day (February 15, 2011)

- Please define what is meant by "all records".
- Please clarify what is meant by "policies".
- Please specify types of licences.

_________________________________________________________________________________________________________________
 

All records has the meaning set out in the Request and again, above.  Licenses has the meaning set out in the Request and again, above.
Policies has the meaning one would typically ascribe to the word.  For clarity I seek the policies and procedures used by Health Canada (ie, without limitation, policy manuals, procedure manuals, guides, workflows, guidance documents, employee training manuals, checklists and anything fitting into this general rubric of material) in the areas listed.  I also mean to include any planned or implemented changes to the MMAR itself.
 
 

4. A-2010-01305

All records referring or relating to the decisions of (1) the Federal Court and Federal Court of Appeal in an action known as Canada (Attorney General) v Sfetkopoulos, 2008 FCA 233 and Sfetkopoulos v Canada, 2008 FC 33; and (2) the British Columbia Supreme Court in an action known as R v. Beren 2009 BCSC 429 (and any appeals or applications for leave to appeal therefrom)

- Please define all records

____________________________________________________________________________________________________________________

"Records" has the meaning set out in the Request and above.
 

5. A-2010-01306

All records related to the Government of Canada licensing any person, organization, business, society or other entity to possess, produce and/or distribute cannabis (marihuana) for any purpose including, without limitation, distribution to the public, production pursuant to contract with Her Majesty, research and/or any other purpose

- Please define what is meant by "all records"
- Please clarify timeframe

______________________________________________________________________________________________________________________

 
"Records" has the meaning set out above.   For the sake of efficiency, however, I will modify my request to exclude licensing pursuant to the MMAR where that licensing relates to a single individual.  In other words, I do not seek records related to any individual (non-entity) holder of an Authorization to Possess, Designated-Person Production License or Personal-Use Production License so long as those Licenses were issued in the ordinary course of administering the MMAR.  
 
For example, if an individual named "John Smith" was issued an ATP and PPL, Ido not seek those records.  If an entity "ABC, Ltd" was issued an ATP/PPL or DPL, I do seek those records.  If a person was issued more than 2 production licenses at any one time, I do seek those records.  And if a person or entity was granted permission (via license, Ministerial exemption, research permit or any other means) to lawfully produce, distribute or possess cannabis under any other provision, Act, policy or Regulation - for any reason - I do seek those records.  This request includes permission granted to law enforcement authorities though if that inclusion will slow down processing of the request, please treat it as a separate request entirely.
 
The timeframe is January 1, 2001 through the present day.