Cannabis Licence Act, 2018
Cannabis Licence Act, 2018, S.O. 2018, c. 12, Sched. 2
Bills that amended this Act2
- Bill 235amend
Cannabis Licence Amendment Act, 2020
“Stiles Private Member’s Bill 1st Reading November 25, 2020 2nd Reading 3rd Reading Royal Assent -- 1 of 2 -- Bill 235 2020 An Act to amend the Cannabis Licence Act, 2018 Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 Section 4 of the Cannabis Licence Act, 2018 is amended by adding the following subsections: Resolution …”
- Bill 29amend
Cannabis Licence Amendment Act, 2021
“Stiles Private Member’s Bill 1st Reading October 26, 2021 2nd Reading 3rd Reading Royal Assent -- 1 of 2 -- Bill 29 2021 An Act to amend the Cannabis Licence Act, 2018 Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 Section 4 of the Cannabis Licence Act, 2018 is amended by adding the following subsections: Resolution of…”
Sections76
- [s0]
Interpretation and Application
- 1Definitions
1 (1) In this Act, “Board” means the board of the Commission; (“conseil”) “cannabis” means cannabis with respect to which the Cannabis Control Act, 2017 applies; (“cannabis”) “cannabis retail store” means a store operated under the authority of a retail store authorization; (“magasin de vente au détail de cannabis”) “Commission” means the Alcohol and Gaming Commission of Ontario continued under the Alcohol and Gaming Commission of Ontario Act, 2019; (“Commission”) “council of the band” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”) “distribute”, “Ontario Cannabis Retail Corporation” and “sell” have the same meaning as in the Cannabis Control Act, 2017; (“distribuer”, “Société ontarienne de vente du cannabis”, “vente”) “Indian” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“Indien”) “Minister” means the Attorney Gene…
- 2Non-application of Act to Ontario Cannabis Retail Corporation
2 This Act does not apply with respect to the Ontario Cannabis Retail Corporation.
- [s3]
Licences and Authorizations
- 3Retail operator licence
3 (1) Subject to the regulations, a person may apply to the Registrar for a retail operator licence. Restriction, age (2) In order to apply under subsection (1), an individual must be at least 19 years of age or, in the case of an applicant that is a corporation, every director, officer and shareholder of the corporation must be at least 19 years of age. Restriction, prior refusal or revocation (3) Despite subsection (1), a person who has been refused a retail operator licence or the renewal of a retail operator licence, or who was the holder of a retail operator licence that was revoked, may not apply for a retail operator licence until after the second anniversary of the refusal or revocation, unless the Registrar is satisfied that there has been a significant change in circumstances since the refusal or revocation. Eligibility (4) An applicant is not eligible to be issued a retail ope…
- 4Retail store authorization
4 (1) Subject to the regulations, the following persons may apply to the Registrar for a retail store authorization to operate a specified proposed cannabis retail store: 1. A holder of a retail operator licence, subject to any conditions attached to the licence. 2. An applicant for a retail operator licence. Restriction, applicable resolution in effect (2) Despite subsection (1), an application may not be made for a retail store authorization in respect of a proposed cannabis retail store that would be located, (a) in a municipality in which cannabis retail stores may not be located in accordance with section 41; or (b) on a reserve on which cannabis retail stores may not be located in accordance with section 43. Restriction, prior refusal or revocation (3) Despite subsection (1), a person who has been refused a retail store authorization in respect of a proposed cannabis retail store o…
- 5Cannabis retail manager licence
5 (1) Subject to the regulations, an individual who wishes to perform one or more of the following functions in respect of a cannabis retail store may apply to the Registrar for a cannabis retail manager licence: 1. Supervising or managing employees of a cannabis retail store. 2. Overseeing or co-ordinating the sale or distribution of cannabis. 3. Managing compliance issues in relation to the sale of cannabis. 4. Having signing authority to purchase cannabis, enter into contracts or make offers of employment. 2018, c. 12, Sched. 2, s. 5 (1); 2021, c. 34, Sched. 2, s. 2. Restriction, age (2) An individual must be at least 19 years of age in order to apply under subsection (1). 2018, c. 12, Sched. 2, s. 5 (2). Restriction, prior refusal or revocation (3) Despite subsection (1), an individual who has been refused a cannabis retail manager licence or the renewal of a cannabis retail manager …
- 6Retail operator licences
6 (1) A retail operator licence is subject to the following conditions: 1. That the holder must comply with this Act, the Cannabis Control Act, 2017, the Cannabis Act (Canada) and the regulations made under any of them. 2. That if the holder is issued a retail store authorization, the holder must comply with the conditions of that retail store authorization. 3. Any condition specified by the Registrar under this Act that attaches to the licence. 4. Any condition imposed by the Tribunal. 5. Any condition that may be prescribed. Retail store authorizations (2) A retail store authorization is subject to the following conditions: 1. That the holder must comply with this Act, the Cannabis Control Act, 2017, the Cannabis Act (Canada) and the regulations made under any of them. 2. Any condition specified by the Registrar under this Act that attaches to the authorization. 3. Any condition impose…
- 7Ongoing sale
7 (1) The holder of a retail store authorization must ensure that cannabis begins to be sold at the cannabis retail store by the first anniversary of the day the authorization is issued, and that cannabis continues to be sold at the store after that date. 2018, c. 12, Sched. 2, s. 7 (1). Use of seal (2) Cannabis may not be sold by the holder of a retail store authorization unless the holder displays, in the prescribed manner, the prescribed cannabis retail seal. 2018, c. 12, Sched. 2, s. 7 (2). Minimum pricing (3) If the regulations so provide, the holder of a retail store authorization shall not sell cannabis or a prescribed class of cannabis at a price that is lower than the prescribed price for the cannabis or class of cannabis. 2018, c. 12, Sched. 2, s. 7 (3). Restrictions on corporate operations, s. 69 of Cannabis Act (Canada) (4) The holder of a retail store authorization, (a) shal…
- 8Renewals
8 (1) The holder of a licence or authorization issued under this Act may apply to the Registrar for the renewal of the licence or authorization. Timing (2) An application for the renewal of a licence or authorization must be made before the licence or authorization expires or such other time as may be specified by the Registrar. Renewal, refusal (3) The Registrar shall, (a) subject to clause (b), grant the renewal, if the holder has met the application requirements and paid the required fee; or (b) issue a proposal to refuse to renew the licence or authorization, (i) if the holder has contravened or failed to comply with this Act or the regulations, or (ii) on the basis of a ground under subsection 3 (4) in the case of a retail operator licence, subsection 4 (6), other than paragraphs 5 and 6, in the case of a retail store authorization or subsection 5 (4) in the case of a cannabis retai…
- 9Inquiries
9 (1) The Registrar may make such inquiries and conduct such investigations into the character, financial history and competence of any of the following persons as are necessary to determine, for the purposes of an application for a licence or authorization under this Act or for the renewal of a licence or authorization, whether the applicant or holder meets the requirements for a licence, authorization or renewal, as the case may be: 1. The applicant or holder. 2. Persons interested in the applicant or holder. 3. In the case of an application for the renewal or issuance of a retail store authorization, persons interested in the cannabis retail store or proposed cannabis retail store with respect to which the authorization is or would be issued. 4. If the applicant or holder is a corporation, a director, officer or shareholder of a person referred to in paragraph 1, 2 or 3. 5. Any indivi…
- 10Application forms
10 An application for a licence or authorization under this Act, or for the renewal of a licence or authorization, shall be in the form approved by the Registrar. Revocation, suspension
- 11Proposal to revoke or suspend
11 (1) The Registrar may issue a proposal to revoke or to suspend a licence or authorization issued under this Act, (a) if the Registrar believes on reasonable grounds that the holder has contravened or failed to comply with this Act or the regulations; or (b) on the basis of a ground under subsection 3 (4) in the case of a retail operator licence, subsection 4 (6), other than paragraphs 5 and 6, in the case of a retail store authorization or subsection 5 (4) in the case of a cannabis retail manager licence, that would disentitle the holder to be issued the licence or authorization if the holder were an applicant. Suspension without proposal (2) The Registrar may suspend a licence or authorization issued under this Act without issuing a proposal if the Registrar considers it to be necessary in the public interest. Revocation without proposal (3) Despite subsections (1) and (2), the Regis…
- 12Effect of revocation, non-renewal of retail operator licence
12 (1) If a holder’s retail operator licence is revoked or fails to be renewed, any retail store authorizations held by the holder are revoked from the time of the licence revocation or non-renewal. Effect of suspension of retail operator licence (2) If a holder’s retail operator licence is suspended, any retail store authorizations held by the holder are suspended from the time of the licence suspension and for its duration. Effect of revocation, non-renewal of retail store authorization (3) If a retail store authorization is revoked or fails to be renewed and the Registrar considers it appropriate in the circumstances to do so, the Registrar may, without issuing a proposal, revoke or suspend, (a) any other retail store authorization held by the same holder; (b) the holder’s retail operator licence; or (c) both. Effect of suspension of retail store authorization (4) If a retail store au…
- 13Cancellation on holder’s request
13 (1) Subject to subsection (2), the Registrar may cancel a licence or authorization issued under this Act on the holder’s request if the holder, (a) makes the request to the Registrar in writing; and (b) surrenders the licence or authorization to the Registrar. Holder of retail operator licence and authorization (2) If a holder of a retail operator licence who is also the holder of one or more retail store authorizations wishes to have the licence cancelled, (a) the holder shall surrender each authorization to the Registrar together with the licence; and (b) each authorization is cancelled together with the licence.
- 14Notice of proposal
14 (1) If the Registrar issues a proposal under this Act, the Registrar shall serve notice of the proposal together with written reasons on the applicant or holder. Notice requesting hearing (2) The applicant or holder may request a hearing by the Tribunal of the matter being proposed if, no later than 15 days after being served with notice of the proposal, the applicant or holder mails or delivers to the Tribunal and to the Registrar a written notice requesting the hearing. Same (3) A notice of a proposal shall inform the applicant or holder of the entitlement to a hearing under subsection (2), and of the requirements of that subsection. No hearing (4) If the person on whom notice of a proposal is served does not request a hearing by the Tribunal, the Registrar may carry out the proposal stated in the notice.
- 15Hearing
15 (1) If a person requests a hearing in accordance with section 11 or 14, the Tribunal shall schedule and hold the hearing. Order (2) After holding a hearing, the Tribunal may by order, (a) confirm or set aside the proposal or decision of the Registrar; and (b) direct the Registrar to take any action specified by the Tribunal that it considers appropriate to give effect to the purposes of this Act. Discretion of Tribunal (3) In setting aside a proposal or decision under clause (2) (a), the Tribunal may substitute its opinion for that of the Registrar. Terms, conditions (4) The Tribunal may attach such terms to its order, or such conditions to the licence or authorization that is the subject of the hearing, as it considers appropriate. Registrar shall comply (5) The Registrar shall comply with any direction of the Tribunal made under clause (2) (b).
- 16Notice of change in address for service
16 Every applicant for or holder of a licence or authorization issued under this Act shall, no later than five days after any change in address for service, serve on the Registrar, in the manner specified by the Registrar, written notice of the change.
- 17Transfers
17 (1) A retail operator licence, cannabis retail manager licence or retail store authorization is not transferable to another person, except as permitted by the regulations. 2023, c. 9, Sched. 5, s. 1. Application for transfer (2) A person may apply to the Registrar for the transfer of a retail operator licence, cannabis retail manager licence or retail store authorization that is permitted by the regulations. 2023, c. 9, Sched. 5, s. 1. Approval, refusal (3) The Registrar shall consider every application for a transfer, and shall, (a) approve the transfer, if the prescribed requirements are met; or (b) if the prescribed requirements are not met, refuse the application or issue a proposal to refuse the application, as specified by the regulations. 2023, c. 9, Sched. 5, s. 1. Pre-existing conditions (4) A licence or authorization transferred in accordance with this section is subject to …
- [s19]
Sale of Cannabis and Cannabis Retail Stores
- 18Restriction on products, services
18 The holder of a retail store authorization may only sell or charge for, (a) cannabis that was purchased by the holder directly from the Ontario Cannabis Retail Corporation, in the packaging in which it was purchased from the Ontario Cannabis Retail Corporation, subject to the regulations; and (b) any other products or services that may be prescribed. 2021, c. 34, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 4 - 15/03/2022
- 18 #21Restriction on products, services
- 19Purchase of cannabis by holder
19 The holder of a retail store authorization may only purchase cannabis for sale under the retail store authorization from the Ontario Cannabis Retail Corporation, subject to the regulations. 2021, c. 34, Sched. 2, s. 4; 2023, c. 9, Sched. 5, s. 2. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 4 - 15/03/2022 2023, c. 9, Sched. 5, s. 2 - 08/06/2023
- 20Distribution
20 The holder of a retail store authorization shall ensure that cannabis sold by the holder is distributed only, (a) in person in the cannabis retail store or in an area immediately adjacent to it; or (b) by delivery. 2021, c. 34, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 4, s. 2 - 10/12/2019 2021, c. 34, Sched. 2, s. 4 - 15/03/2022
- 19 #23Purchase of cannabis by holder
- 21Limits on amount of cannabis sold, distributed
21 (1) In this section, “maximum permissible cannabis amount” means 30 grams of dried cannabis or the equivalent amount of another class of cannabis determined in accordance with Schedule 3 to the Cannabis Act (Canada), or such other amount as may be prescribed. 2019, c. 15, Sched. 4, s. 2. Limit on amount sold in person at cannabis retail store (2) The holder of a retail store authorization shall ensure that the amount of cannabis sold to an individual in person at the cannabis retail store in a single visit, whether in single or multiple transactions, does not exceed the maximum permissible cannabis amount. 2019, c. 15, Sched. 4, s. 2. Limit on amount sold, online or telephone sales (3) The holder of a retail store authorization shall ensure that the amount of cannabis sold to an individual by the cannabis retail store in a single transaction online or over the telephone does not excee…
- 22Only recorded sales permitted
22 The holder of a retail store authorization shall ensure that cannabis is sold only through recorded sales. 2021, c. 34, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 6 - 15/03/2022
- 20 #25Distribution
- 23No employment of individual under 19 years of age
23 The holder of a retail store authorization shall not employ an individual under 19 years of age. 2021, c. 34, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 6 - 15/03/2022
- 24Unsold cannabis
24 (1) In the event of the revocation, cancellation or non-renewal of a retail store authorization, the person who held the authorization shall comply with the requirements specified by the Registrar respecting any cannabis left unsold or undistributed as a result of the revocation, cancellation or non-renewal. Same (2) In the event of the revocation, cancellation or non-renewal of a retail operator licence, the person who held the licence shall comply with the requirements specified by the Registrar respecting any cannabis left unsold or undistributed as a result of the revocation, cancellation or non-renewal.
- 25Cannabis retail managers
25 (1) No individual may perform any of the functions set out in subsection 5 (1) in respect of a cannabis retail store unless the individual is, (a) the holder of a cannabis retail manager licence; or (b) the holder of a retail operator licence. Same (2) The holder of a retail store authorization shall not employ an individual to perform any of the functions set out in subsection 5 (1) in respect of a cannabis retail store unless the individual is the holder of a cannabis retail manager licence. Same (3) The holder of a cannabis retail manager licence shall perform his or her functions and duties in relation to the cannabis retail store in which the holder is employed in a manner that is consistent with the requirements of sections 18 to 24.
- 22 #28Only recorded sales permitted
- 26Standards and requirements
26 (1) The Registrar may establish standards and requirements respecting the following matters relating to the conduct of holders of licences or authorizations issued under this Act or to the operation of cannabis retail stores: 1. Store premises, equipment and facilities, including surveillance and security. 2. The prevention of unlawful activities, including prohibiting or restricting certain individuals from entering cannabis retail stores. 3. Advertising and promotional activities. 4. Training and other measures relating to the responsible use, sale or distribution of cannabis. 5. The protection of assets, including money and money equivalents. 6. The keeping of records, including financial records. 7. Reasonable measures to maintain the confidentiality and security of records, including measures to securely dispose of records and to prevent unauthorized access to records. 8. Complia…
- [s29]
Enforcement
- 23 #30No employment of individual under 19 years of age
- 27Inspectors
27 (1) The Registrar may designate persons employed by the Commission or other persons as inspectors for the purpose of carrying out inspections to ensure compliance with this Act and the regulations. Certificate (2) A person designated under subsection (1) who is acting as an inspector under this Act shall, on request, produce his or her certificate of designation.
- 28Inspections
28 (1) For the purposes of carrying out an inspection to ensure compliance with this Act and the regulations, an inspector may at any reasonable time enter any place, other than any place or part of a place that is actually used as a dwelling, that is used by the holder of a retail store authorization in relation to the authorization. Powers of inspector (2) An inspector conducting an inspection may, (a) examine records or anything else that is relevant to the inspection, including examining and opening any receptacle or package; (b) demand the production of a record or any other thing that is relevant to the inspection; (c) on issuing a written receipt for it, remove a record or any other thing that is relevant to the inspection for review, examination or testing; (d) on issuing a written receipt for it, remove a record or any other thing that is relevant to the inspection for copying; …
- 29Investigators
29 (1) The Registrar may appoint any person to be an investigator for the purpose of determining whether there has been a contravention of or failure to comply with this Act or the regulations. Investigators by default (2) Police officers and individuals who exercise the powers of a police officer are deemed to be investigators. Certificate (3) The Registrar shall issue a certificate of appointment to every investigator, other than to individuals referred to in subsection (2). Proof of appointment (4) Every investigator who exercises powers under this Act shall, upon request, produce the certificate of appointment as an investigator or identification as an individual referred to in subsection (2).
- 30Warrants
30 (1) On application made without notice by an investigator, a justice of the peace may issue a warrant, if satisfied on information under oath that there are reasonable grounds to believe that, (a) there has been or is likely to be a contravention of or failure to comply with this Act or the regulations; and (b) there is in any place or conveyance anything relating to the contravention of or failure to comply with this Act or the regulations. 2018, c. 12, Sched. 2, s. 30 (1); 2021, c. 34, Sched. 2, s. 8 (1). Powers under warrant (2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator, (a) to enter or access the place or conveyance specified in the warrant and examine and seize anything described in the warrant; (b) to use any data storage, processing or retrieval device or system used in carrying on business in order to produce …
- [s34]
- 31Seizure of things not specified
31 An investigator who is lawfully present in a place or conveyance pursuant to a warrant or otherwise in the execution of the investigator’s duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of or failure to comply with this Act or the regulations. 2018, c. 12, Sched. 2, s. 31; 2021, c. 34, Sched. 2, s. 9. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 9 - 15/03/2022
- 32Searches in exigent circumstances
32 (1) An investigator may exercise any of the powers described in subsection 30 (2) without a warrant, if the conditions for obtaining the warrant exist but, by reason of exigent circumstances, the investigator determines that it would be impracticable to obtain the warrant. 2018, c. 12, Sched. 2, s. 32 (1). Dwellings (2) Subsection (1) does not apply to a place or conveyance or part of a place or conveyance that is actually being used as a dwelling. 2018, c. 12, Sched. 2, s. 32 (2); 2021, c. 34, Sched. 2, s. 10. Use of force (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary. 2018, c. 12, Sched. 2, s. 32 (3). Applicability of s. 30 (4) Subsections 30 (3), (9) and (10) apply, with necessary modifications, to a search under this section. 2018, c. 12, Sched. 2, s. 32 (4). Secti…
- 32.1Warrantless search of conveyances
32.1 (1) In this section, “vehicle” means a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle or motorized snow vehicle, other than a street car, and includes anything attached to the vehicle. 2021, c. 34, Sched. 2, s. 11. Same (2) For any purpose relating to the administration and enforcement of this Act and the regulations, an investigator designated for this section by the Registrar who reasonably believes that a vehicle, a vessel, railway equipment on rails or an aircraft contains evidence of a contravention of this Act or the regulations may, (a) without warrant, stop and detain it; (b) examine its contents, including any cargo, manifests, records, accounts, vouchers, papers or other documents that may afford evidence of the contravention; and (c) subject to subsection (3), seize and take away any of the manifests, records, accounts, vouchers, pap…
- 33Application of Public Inquiries Act, 2009
33 Section 33 of the Public Inquiries Act, 2009 applies to an investigation by an investigator under this Act.
- 34Return of items seized by investigator
34 Subject to section 35, an investigator who seizes anything as a result of an investigation under this Act may make a copy of it, and shall, in accordance with the direction of the Registrar, either return it within a reasonable time or dispose of it.
- [s39]
- 35Order of restoration
35 (1) The Ontario Court of Justice may, on the application of any person made within 30 days of a seizure authorized under this Act, order that the things seized be restored without delay to the applicant if the court is satisfied that, (a) the applicant is entitled to possession of the things seized; (b) the things seized are not required as evidence in any proceeding; (c) continued detention of the things seized is not necessary to prevent the commission of an offence; and (d) it is unlikely that the things will be forfeited on conviction in accordance with an order made under subsection (4). Same (2) If the court is satisfied that the applicant is entitled to possession of the things seized but is not satisfied as to all of the matters mentioned in clauses (1) (b), (c) and (d), it shall order that the things seized be restored to the applicant, (a) on the expiration of three months f…
- [s40]
General Prohibitions Inducement
- 36Promotion to increase sales
36 (1) No person shall, for the purpose of increasing the sale of a particular type of cannabis, (a) directly or indirectly offer or give a material inducement to the holder of a licence or authorization issued under this Act or to an agent or employee of the holder; or (b) engage in any prescribed practices respecting the promotion of cannabis. Officials (2) No person shall directly or indirectly pay or offer to pay any amount, or make or offer to make any gift, to the Registrar, a member or employee of the Commission, or a member or employee of the Tribunal in relation to a retail operator licence, a cannabis retail manager licence or a retail store authorization. Obstruction
- 37Inspections
37 (1) No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an inspector conducting an inspection under this Act, refuse to answer questions on matters relevant to the inspection or provide the inspector with false information on matters relevant to the inspection. Investigations (2) No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an investigator executing a warrant under this Act or withhold from the investigator or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant.
- [s43]
- 38Whistle-blowing protection
38 (1) No person shall retaliate or threaten to retaliate against another person, whether by act or omission, because any person has disclosed anything to the Registrar, an inspector conducting an inspection under this Act or an investigator conducting an investigation under this Act, or has provided evidence that has been or may be given in a proceeding in respect of the enforcement of this Act or the regulations. Malicious disclosure (2) Subsection (1) applies in the case of a disclosure even if the disclosure was made maliciously or in bad faith. Interpretation, retaliation (3) For the purposes of subsection (1), retaliation includes, (a) dismissing, suspending or disciplining an employee of a holder of a retail operator licence or retail store authorization, or subjecting the employee to discriminatory treatment; (b) imposing a penalty on any person; or (c) intimidating, coercing or …
- [s44]
Offences and Penalties
- [s45]
- 39Offence
39 (1) A person is guilty of an offence if the person contravenes or fails to comply with, (a) section 18, 19, 20, 21, 22 or 23, subsection 24 (2), section 25, subsection 28 (10), section 36 or 37 or subsection 38 (1) or (4); or (b) any prescribed provision of the regulations. Same, directors or officers (2) A director or officer of a corporation who causes, authorizes, permits or participates in an offence under this Act by the corporation is guilty of an offence. Limitation (3) No proceeding under this section shall be commenced more than two years after the day the offence was, or is alleged to have been, committed.
- [s46]
- 40Penalty
40 On conviction for an offence under this Act, (a) a corporation is liable to a fine of not more than $250,000; and (b) an individual is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or both.
- [s47]
Matters Respecting Municipalities
- 41Prohibition on stores
41 (1) A municipality may, by resolution passed no later than January 22, 2019, prohibit cannabis retail stores from being located in the municipality. Outstanding applications (2) Despite subsection 4 (10), the Registrar shall refuse any applications that are outstanding at the time a resolution is passed by a municipality under subsection (1) for a retail store authorization in respect of a proposed cannabis retail store to be located in the municipality. Lifting of prohibition (3) A municipality that has prohibited cannabis retail stores under subsection (1) may, by resolution, lift the prohibition and permit cannabis retail stores to be located in the municipality. Lifted prohibition may not be restored (4) A resolution passed for the purposes of subsection (3) is final and may not be reversed. Notice (5) A municipality shall provide to the Registrar, in the prescribed time and manne…
- [s49]
- 42Business licensing by-laws
42 (1) The authority to pass a business licensing by-law within the meaning of the Municipal Act, 2001 or a by-law under paragraph 11 of subsection 8 (2) of the City of Toronto Act, 2006 does not include the authority to pass a by-law providing for a system of licences respecting the sale of cannabis, holders of a licence or authorization issued under this Act or cannabis retail stores. Planning Act by-laws (2) The authority to pass a by-law under section 34, 38 or 41 of the Planning Act does not include the authority to pass a by-law that has the effect of distinguishing between a use of land, a building or a structure that includes the sale of cannabis and a use of land, a building or a structure that does not include the sale of cannabis. Same (3) A by-law passed under section 34, 38 or 41 of the Planning Act, or an order made under section 47 of that Act, is of no effect to the exten…
- [s50]
Matters Respecting Reserves
- 43Prohibition on stores
43 (1) If the Registrar receives a copy of a resolution of the council of the band in respect of a reserve requesting that the Registrar not issue retail store authorizations for cannabis retail stores to be located on the reserve, the Registrar shall not issue the authorizations. Outstanding applications (2) Despite subsection 4 (10), the Registrar shall refuse any applications that are outstanding at the time the Registrar receives a copy of a resolution under subsection (1) for a retail store authorization in respect of a proposed cannabis retail store to be located on the reserve. Amended, rescinded resolution (3) If the Registrar receives a copy of a resolution of the council of the band in respect of a reserve amending or rescinding a request referred to in subsection (1), the Registrar shall comply with the request. Existing cannabis retail stores (4) The passage of a resolution f…
- [s52]
- 44Agreement with council of the band
44 (1) Subject to subsection (2) and to the approval of the Lieutenant Governor in Council, the Minister may, on behalf of the Crown, enter into arrangements and agreements with a council of the band with respect to the sale of cannabis on a reserve, including the licensing, authorization and regulation of retail stores, or the enforcement of this Act and the regulations on a reserve. 2024, c. 2, Sched 3, s. 1 (1). Same, requirement for agreement with other ministers (2) The Minister may only enter into the arrangement or agreement jointly with, (a) the Minister responsible for the administration of the Ontario Cannabis Retail Corporation Act, 2017; (b) the Minister of Finance, if the Minister referred to in clause (a) is not the Minister of Finance; and (c) the Minister responsible for the administration of the Cannabis Control Act, 2017. 2018, c. 12, Sched. 2, s. 44 (2). Agreement impl…
- [s53]
Miscellaneous
- 45Requests for information from Ontario Cannabis Retail Corporation
45 The following persons may request information from the Ontario Cannabis Retail Corporation respecting cannabis sold by the Corporation to a holder of a retail store authorization: 1. The Registrar, for the purposes of inquiries and investigations under section 9. 2. An inspector conducting an inspection under this Act. 3. An investigator conducting an investigation under this Act.
- [s55]
- 46Employment of 18 year olds by Commission
46 (1) An individual who is 18 years of age may be appointed under section 9 of the Alcohol and Gaming Commission of Ontario Act, 2019 to employment in the Commission for the purposes of monitoring compliance with this Act and the regulations. 2018, c. 12, Sched. 2, s. 46 (1); 2019, c. 15, Sched. 1, s. 20 (3). Same (2) Subsection 10 (1) of the Cannabis Control Act, 2017 does not apply to an individual referred to in subsection (1) of this section while the individual is performing his or her duties of employment, except with respect to consumption. 2018, c. 12, Sched. 2, s. 46 (2). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 1, s. 20 (3) - 29/11/2021
- 47Testimony in civil proceeding
47 No person engaged in the administration of this Act shall be required to give testimony in any civil proceeding with regard to information obtained by the person in the course of the person’s duties, except in a proceeding under this Act, the Cannabis Control Act, 2017 or the Cannabis Act (Canada).
- 48Repealed
48 Repealed: 2024, c. 20, Sched. 9, s. 30. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 42 - 01/07/2019 2024, c. 20, Sched. 9, s. 30 - 12/05/2025
- [s58]
- 49Regulations
49 (1) The Lieutenant Governor in Council may make regulations for implementing the purposes, provisions and intent of this Act, including regulations, (a) respecting anything that, in this Act, may or must be prescribed or done by regulation; (b) governing applications for retail operator licences, cannabis retail manager licences and retail store authorizations, and for the renewal or transfer of licences and authorizations, and authorizing the Registrar to exempt any person from a requirement to provide information in respect of an application; (c) specifying classes of persons who may not apply for a retail operator licence, retail store authorization or cannabis retail manager licence; (d) governing the issuance, renewal, transfer and expiry of retail operator licences, cannabis retail manager licences and retail store authorizations; (d.1) for the purposes of subsection 4 (4), (i) …
- 50-62
50-62 Omitted (amends, repeals or revokes other legislation).
- 63
63 Omitted (provides for coming into force of provisions of this Act).
- 64
64 Omitted (enacts short title of this Act). ______________
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