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Bill 36, Cannabis Statute Law Amendment Act, 2018

Mulroney, Hon. Caroline Attorney General

Royal Assent received. Statutes of Ontario 2018,

chapter 12

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Bill 36 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 36 and

does not form part of the law.

Bill 36 has been enacted as

Chapter 12 of the Statutes of

Ontario, 2018.

The

Bill amends various Acts and enacts one new Act in relation to the use and sale

in Ontario of cannabis and of vapour products.

Schedule 1 amends the Cannabis Act, 2017 and makes related amendments to other

Acts.

Schedule 2 enacts the Cannabis Licence Act, 2018

and makes related amendments to other Acts.

Schedule 3 amends the Ontario Cannabis Retail Corporation Act, 2017 and the Liquor Control Act .

Schedule 4 amends the Smoke-Free Ontario Act, 2017 and makes a consequential

amendment to the Highway Traffic Act .

Schedule

Amendments to the Cannabis Act, 2017 and Other Acts

The

Schedule makes amendments to the Cannabis Act, 2017 ,

as well as a number of complementary amendments to other Acts.

Amendments

made to the Cannabis Act, 2017 include the

following:

1. Re-enacting

the definition of “cannabis” to refer to the definition of cannabis in the Cannabis Act (Canada), and making other amendments to

refer to federal law respecting cannabis (subsections 3 (2), (3) and (6), 6

(1) and (2) and 12 (2) of the Schedule).

2. Repealing

section 11 of the Act, which provided for prohibitions on places where cannabis

may be consumed, and making consequential amendments (sections 11 and 15 of the

Schedule). Instead, prohibitions on places where cannabis may be consumed are

added to the Smoke-Free Ontario Act, 2017 (Schedule

4 to the Bill).

3. Re-enacting

subsection 12 (2) of the Act to make changes to the circumstances in which the

restriction in subsection 12 (1) on the transportation of cannabis in vehicles

or boats does not apply (subsection 12 (1) of the Schedule).

4. Adding

to the list of circumstances in which premises may be closed under

section 18

of the Act, and making consequential amendments to that

section (subsections 13

(1), (3) and (4) of the Schedule).

5. Providing

for circumstances in which the court may make inferences in the absence of

evidence to the contrary, and providing for additional circumstances to be

added by regulations made under the Act (section 17 and subsection 20 (3) of

the Schedule).

Other

amendments are made to the Cannabis Act, 2017 in

order to reflect the Cannabis Licence Act, 2018

(Schedule 2 to the Bill). These include the addition of a new defined term of

“authorized cannabis retailer” which, in addition to the Ontario Cannabis

Retail Corporation, includes the holder of a retail store authorization under

the Cannabis Licence Act, 2018 , when acting in

accordance with the authorization (subsection 3 (1) of the Schedule). A new

prohibition on falsely representing oneself as an authorized cannabis retailer

is added as

section 8.1 of the Cannabis Act, 2017

(section 9 of the Schedule). Another new prohibition is added in subsection 9

(2) of the Act, prohibiting persons from purchasing cannabis online or by any

means other than in person at a cannabis retail store, as defined in the Cannabis Licence Act, 2018 , except from the Ontario

Cannabis Retail Corporation (subsection 10 (2) of the Schedule). Finally, the

short title of the Cannabis Act, 2017 is changed to

the Cannabis Control Act, 2017 (section 1 of the

Schedule).

Schedule

Cannabis LicenCE Act, 2018 and related amendments to other acts

The

Schedule enacts the Cannabis Licence Act, 2018 ,

which sets out a licensing scheme for private cannabis retail stores. The

licensing scheme is administered by the Alcohol and Gaming Commission of

Ontario (“Commission”) (subsection 50 (4)).

Definitions

that apply to the Act are set out in

section 1. The Act does not apply to the

Ontario Cannabis Retail Corporation (section 2).

Sections

3 to 17 address licences and authorizations that may be issued under the Act.

The Act provides for two types of licences — retail operator licence and

cannabis retail manager licence — and a retail store authorization. A retail

store authorization authorizes its holder to operate a particular cannabis

retail store. A separate authorization is required with respect to each store

(subsection 4 (5)). In order to apply for a retail store authorization, a

person must be the holder of or an applicant for a retail operator licence, but

a retail store authorization may only be issued to the holder of a retail

operator licence (subsection 4 (1)). A cannabis retail manager licence is

required in order to carry out specified functions in respect of a cannabis

retail store (subsections 5 (1) and 25 (1)).

Section

3 addresses applications for a retail operator licence,

section 4 addresses

applications for a retail store authorization and

section 5 addresses

applications for a cannabis retail manager licence. Applications for licences

and authorizations are made to the Registrar of the Commission, who determines

whether licences and authorizations should be issued. In the case of an

application for a retail store authorization in respect of a proposed cannabis

retail store to be located in a municipality, the Registrar must consider,

among other things, the public interest, having regard to the needs and wishes

of the residents of the municipality, and, unless the authorization may not be

issued otherwise, must provide public notice of the application and an

opportunity to make written submissions (paragraph 5 of subsection 4 (6) and

subsections 4 (7), (8), (9) and (10)). In the case of an application for a

retail store authorization in respect of a proposed cannabis retail store to be

located on a reserve, the authorization may not be issued unless the council of

the band has approved the location of the proposed store on the reserve

(paragraph 6 of subsection 4 (6)). Licences and authorizations issued under the

Act are subject to specified conditions with which their holders must comply

(sections 6 and 7). Licences and authorizations may be renewed if specified

criteria are met (section 8). In determining whether to issue or renew a

licence or authorization, the Registrar may exercise specified inquiry and

investigation powers (sections 9 and 45). The Registrar is empowered, in

specified circumstances, to revoke or suspend, or to issue a proposal to revoke

or suspend, a licence or authorization (sections 11 and 12). Proposals issued

by the Registrar may be the subject of a hearing before the Licence Appeal

Tribunal (sections 14 and 15).

Sections

18 to 25 set out requirements for the sale of cannabis in cannabis retail

stores and the operation of cannabis retail stores. Requirements include that

only cannabis and any other things that may be specified by regulations made

under the Act may be sold in a cannabis retail store, as well as that cannabis

may only be sold through a cannabis retail store in person at the store. In

most cases, a contravention of or failure to comply with the requirements is an

offence under the Act, although a proceeding cannot be commenced more than two

years after the day on which any such offence was or is alleged to have been

committed (section 39). Offence penalties are set out in

section 40. Sections

27 to 35 provide for the designation of inspectors to conduct inspections to

ensure compliance with the Act and its regulations and the appointment of investigators

to investigate possible failures to comply; the sections also set out

inspection and investigation powers and procedures.

Sections

36 to 38 set out general prohibitions respecting the licensing scheme,

including prohibitions against hindering inspectors or investigators (section

37) and against retaliating against a person because of any disclosure to the

Registrar or to an inspector or investigator (section 38). Contravention of the

prohibitions is an offence (section 39).

Sections

41 and 42 address additional municipal matters. Under

section 41, a

municipality (defined in the Act as a “local municipality”), may pass a

resolution by January 22, 2019 prohibiting cannabis retail stores from being

located in the municipality. Such a prohibition may be lifted by a later

resolution passed by the municipality, but a municipality’s decision to do so

is final and may not be further reversed. Persons are not permitted to apply

for a retail store authorization in respect of a proposed cannabis retail store

that would be located in a municipality that is the subject of a resolution to

prohibit stores (subsection 4 (2)).

Section 42 constrains specified

municipality by-law making authorities from addressing matters relating to the

sale of cannabis.

Sections

43 and 44 address additional matters respecting reserves. Under

section 43, a

council of the band may in relation to a reserve request that the Registrar not

issue retail store authorizations for cannabis retail stores to be located on

the reserve. The Registrar must comply with such a request, as well as with any

future request to amend or rescind the original request. Persons are not

permitted to apply for a retail store authorization in respect of a proposed

cannabis retail store that would be located on a reserve for which a request

not to issue authorizations is in effect (subsection 4 (2)).

Section 44

authorizes arrangements or agreements between the Crown and a council of the

band with respect to the regulation of cannabis retail stores on a reserve, the

licensing or authorization of persons to operate the stores or the enforcement

of the licensing scheme on a reserve.

Sections

45 to 49 address various miscellaneous matters:

section 45 provides for the

requesting of information from the Ontario Cannabis Retail Corporation for

specified purposes;

section 46 permits the Commission to employ 18-year-olds

for the purposes of monitoring compliance with the licensing scheme; sections

47 and 48 protect specified persons from requirements to give testimony and

against actions or other proceedings for damages respectively; and

section 49

sets out the regulation-making authority under the Act, which is given to the

Lieutenant Governor in Council.

Sections

50 to 62 set out complementary amendments to other Acts, including the

following amendments:

1. Amending

the Alcohol and Gaming Regulation and Public Protection

Act, 1996 to bring the Cannabis Licence Act, 2018

under the jurisdiction of the Commission.

2. Updating

the

short title of the Alcohol and Gaming Regulation and

Public Protection Act, 1996 to include reference to cannabis and making

the necessary consequential amendments to other Acts.

3. Amending

the Licence Appeal Tribunal Act, 1999 in relation

to the hearing of matters brought before the Tribunal under the Cannabis Licence Act, 2018 .

4. Amending

the Ontario Cannabis Retail Corporation Act, 2017

to provide that the Corporation must comply with any minimum pricing rules

established by regulation under the Cannabis Licence Act,

2018 with respect to cannabis that it sells at retail, and requiring the

Corporation to provide specified information if requested to do so under the Cannabis Licence Act, 2018 .

Section

63 provides that the Act comes into force on a day to be named by proclamation

of the Lieutenant Governor.

SCHEDULE

Amendments to the ONTARIO CANNABIS RETAIL CORPORATION ACT, 2017

and the liquor control act

The

Schedule amends the Ontario Cannabis Retail Corporation

Act, 2017 .

The

Schedule amends the Act to provide that the Corporation has the exclusive right

to sell cannabis in Ontario online and by any means other than by operating

retail stores directly or indirectly. The Corporation also has the exclusive

right to sell cannabis in Ontario to a holder of a retail store authorization

under the Cannabis Licence Act, 2018 for the

purpose of resale in a cannabis retail store within the meaning of that Act.

The

Schedule amends the Act to prohibit the Corporation from operating retail

stores directly or indirectly.

Currently,

under the Act, the members of the Corporation’s board of directors are

appointed by the LCBO. The

Schedule amends the Act to provide that the members

are appointed by the Lieutenant Governor in Council. The

Schedule also provides

for the Lieutenant Governor in Council to appoint the chair and vice-chair of

the board of directors. Transitional rules are enacted with respect to members

of the board of directors who are in office on the day before the Cannabis Statute Law Amendment Act, 2018 receives Royal

Assent.

Currently,

the Act provides that arrangements and agreements may be entered into with

respect to cannabis that is sold and delivered to a purchaser on a reserve. The

Schedule amends these rules to provide that such arrangements and agreements

may only be entered into jointly with the Ministers specified in the Act.

The

Act is amended to provide that if the Corporation receives a copy of a

resolution of the council of the band in respect of a reserve requesting that

the Corporation not deliver cannabis and related products to the reserve, the

Corporation shall make reasonable efforts to comply with the request in a

timely manner. However, this does not apply with respect to wholesale

deliveries to a holder of a retail store authorization for the purpose of

resale in a cannabis retail store on a reserve. The Corporation is required to

publish a list of affected reserves and the dates of the relevant resolutions.

The

Act is amended to require that within two years, the Minister shall initiate a

review of any matters relating to the Corporation that the Minister considers

advisable.

Various

amendments are made to the Act and to the Liquor Control

Act to reflect changes to the relationship between the Corporation and

the LBCO. Additional technical amendments are made to both Acts.

SCHEDULE

Amendments to the SMOKE-FREE ONTARIO ACT, 2017 and the highway traffic act

The

Smoke-Free Ontario Act, 2017 is amended to replace

rules respecting the use of “medical cannabis” with rules respecting

“cannabis”. For example, smoking or holding lighted cannabis in an enclosed

public place or enclosed workplace is prohibited. Any form of consumption of

cannabis in a vehicle or boat is prohibited.

Changes

are also made to various provisions regarding vapour products and electronic

cigarettes. For example, the definition of “vapour product” is extended to

include packaging, and the rules concerning the display and promotion of vapour

products in stores are made subject to the regulations.

Bill 36 2018

Act to enact a new Act and make amendments to various other Acts respecting the

use and sale of cannabis and vapour products in Ontario

Contents

of this Act

Commencement

Short

title

Schedule 1

Amendments

to the Cannabis Act, 2017 and Other Acts

Schedule 2

Cannabis

Licence Act, 2018 and Related Amendments to Other Acts

Schedule 3

Amendments

to the Ontario Cannabis Retail Corporation Act, 2017 and the Liquor Control

Act

Schedule 4

Amendments

to the Smoke-free Ontario Act, 2017 and the Highway Traffic Act

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2 and 3 and

the Schedules to this Act.

Commencement

(1) Subject to subsection (2), this Act comes

into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

Short

title

3 The

short title of this Act is the Cannabis

Statute Law Amendment Act, 2018 .

Schedule 1

AMENDMENTS TO THE CANNABIS ACT, 2017 and Other Acts

The title of the Cannabis Act, 2017 is repealed and

the following substituted:

Cannabis

Control Act, 2017

Subclause 1 (a) (iii) of the Act is amended by adding “and the Cannabis Licence Act, 2018 ” at the end.

(1) Subsection 2 (1) of the Act is amended by adding the following

definition:

“authorized

cannabis retailer” means the Ontario Cannabis Retail Corporation or the holder

of a retail store authorization under the Cannabis Licence

Act, 2018 when acting in accordance with the authorization; (“détaillant

de cannabis autorisé”)

(2) The

definition of “cannabis” in subsection 2 (1) of the Act is

repealed and the following substituted:

“cannabis”

has the same meaning as in subsection 2 (1) of the Cannabis

Act (Canada); (“cannabis”)

(3) The

definition of “cannabis plant” in subsection 2 (1) of the Act is repealed.

(4) Subsection

2 (1) of the Act is amended by adding the following definition:

“Ontario

Cannabis Retail Corporation” means the corporation established under

section 3

of the Ontario Cannabis Retail Corporation Act, 2017 ;

(“Société ontarienne de vente du cannabis”)

(5) The

definition of “Ontario cannabis retailer” in subsection 2 (1) of the Act is

repealed.

(6) Subsections

2 (2), (3) and (4) of the Act are repealed.

Section 3 of the Act is repealed and the following substituted:

Interpretation,

authorized retailer employees

For

the purposes of this Act and the regulations,

(

a) the

sale or distribution of cannabis by an authorized cannabis retailer includes

the sale or distribution of cannabis by an employee of the authorized cannabis

retailer when the employee is acting in that capacity; and

(

b) the

purchase of cannabis from an authorized cannabis retailer includes the purchase

of cannabis from an employee of the authorized cannabis retailer when the

employee is acting in that capacity.

Section 4 of the Act is repealed.

(1) Subsection 5 (1) of the Act is repealed and the following

substituted:

Cannabis

for medical purposes

(1) Subject

section 12, this Act and the regulations do not apply with respect to the

sale, distribution, purchase or attempt to purchase, possession, consumption,

offering to cultivate or cultivation, offering to propagate or propagation or

offering to harvest or harvesting of cannabis for medical purposes in

accordance with the Cannabis Regulations (Canada)

or in accordance with a court order, or to cannabis produced or obtained for

medical purposes in accordance with such authority.

(2) Subsection

5 (3) of the Act is amended by striking out “in accordance with applicable

federal law” and substituting “under the Cannabis Act

(Canada)”.

(3) Subsection

5 (3) of the Act is amended by adding “or the Cannabis

Licence Act, 2018 ” at the end.

(1) Subsection 6 (1) of the Act is amended by striking out “the

Ontario cannabis retailer” at the end and substituting “an authorized cannabis

retailer”.

(2) Subsection

6 (2) of the Act is repealed and the following substituted:

Distribution

(2) No

person shall distribute cannabis that is sold, or that is intended to be sold,

other than by an authorized cannabis retailer.

The French version of

section 8 of the Act is amended by striking out “une

personne dont les facultés sont ou paraissent affaiblies” at the end and substituting

“une personne qui est ou semble être en état d’intoxication”.

The Act is amended by adding the following section:

False

representation as authorized cannabis retailer

8.1 No person other than an

authorized cannabis retailer may use the cannabis retail seal prescribed for

the purposes of subsection 7 (2) of the Cannabis Licence

Act, 2018 , or otherwise represent themselves to be an authorized

cannabis retailer.

(1) Section 9 of the Act is amended by striking out “the Ontario

cannabis retailer” at the end and substituting “an authorized cannabis

retailer”.

(2) Section

9 of the Act is amended by adding the following subsection:

Same,

purchasing other than in person

(2) No

person shall purchase cannabis online or by any means other than in person at a

cannabis retail store, as defined in the Cannabis Licence

Act, 2018 , except from the Ontario Cannabis Retail Corporation.

Section 11 of the Act is repealed.

(1) Subsection 12 (2) of the Act is repealed and the following

substituted:

Exception

(2) Subsection

(1) does not apply with respect to cannabis that,

(

a) is

in its original packaging and has not been opened; or

(

b) is

packed in baggage that is fastened closed or is not otherwise readily available

to any person in the vehicle or boat.

(2) Subsection

12 (4) of the Act is repealed and the following substituted:

Application

to cannabis for medical purposes

(4) This

section applies to cannabis obtained for medical purposes in accordance with

Part 14 of the Cannabis Regulations (Canada) or in

accordance with a court order, except in such circumstances as may be

prescribed.

(1) Subsection 18 (1) of the Act is repealed and the following

substituted:

Interim

closure of premises

(1) If

a charge is laid against a person for a contravention of any of the following

provisions, and a police officer has reasonable grounds to believe that a

premises was used in the alleged contravention, the police officer may cause

the premises to be closed immediately and any persons on the premises to be

removed:

Section

2. Paragraph

10 (1) (

a) or (

c) of the Cannabis Act (Canada).

3. Subsection

10 (2) of the Cannabis Act (Canada), in relation to

the selling of cannabis contrary to paragraph 10 (1) (

a) or (

c) of that Act.

(2) Subsection

18 (3) of the Act is amended by striking out “the applicable police force” and

substituting “a police officer”.

(3) Clause

18 (4) (

a) of the Act is amended by striking out “section 6 or 13, as the case

may be” and substituting “the provision referred to in subsection (1) or (2) to

which the charge relates”.

(4) Subsection

18 (5) of the Act is amended by striking out “section 6 or 13, as the case may

be” and substituting “the same provision”.

Section 21 of the Act is repealed and the following substituted:

Powers

of a police officer exercised by others

(1) A

power that may be exercised under this Act by a police officer, other than a

power set out in

section 19, may also be exercised by any other person or class

of persons designated in writing by the Minister for the purposes of this

section.

Same

(2) A

designation under subsection (1) is subject to such restrictions as may be

specified in the designation, including restrictions respecting the powers that

may be exercised or the offences under this Act in respect of which powers may

be exercised.

Subsection 23 (6) of the Act is repealed.

Subsection 25 (2) of the Act is amended by striking out “the applicable police

force” and substituting “a police officer”.

The Act is amended by adding the following section:

Court

may make inferences

25.1 A court may, in the

absence of evidence to the contrary, infer that any substance in question is

cannabis from the fact that a witness describes it as cannabis or by a name

that is commonly applied to cannabis.

Subsection 26 (2) of the Act is repealed and the following substituted:

Same,

requirement for agreement with other ministers

(2) If

an arrangement or agreement referred to in subsection (1) relates, in whole or

in part, to the sale of cannabis, 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

Licence Act, 2018 .

The Act is amended by adding the following section:

Delegation

by Minister

27.1 The Minister may

delegate in writing any of his or her powers under this Act, other than a power

under

section 26, to a public servant employed under

Part III of the Public Service of Ontario Act, 2006 , subject to any

conditions or restrictions that may be set out in the delegation.

(1) Clause 28 (

b) of the Act is amended by striking out “by

specified persons or in specified circumstances, or the sale or distribution of

cannabis to specified persons” at the end.

(2) Clause

28 (

c) of the Act is repealed.

(3) Section

28 of the Act is amended by adding the following clause:

(

c) providing

for how elements of an offence under this Act may be proved in a prosecution,

including providing for presumptions that apply or inferences that may be made in

the absence of evidence to the contrary;

Drug

and Pharmacies Regulation Act

(1) Subsection 1 (1) of the Drug and Pharmacies

Regulation Act is amended by adding the following definition:

“cannabis”

has the same meaning as in subsection 2 (1) of the Cannabis

Act (Canada); (“cannabis”)

(2) Clause

(f.1) of the definition of “drug” in subsection 1 (1) of the Act is repealed

and the following substituted:

(f.1) cannabis,

other than,

(

i) a

drug containing cannabis to which the Cannabis Regulations

(Canada) apply,

(ii) cannabis

obtained for medical purposes in accordance with

Part 14 of those Regulations

or in accordance with a court order, and

(iii) cannabis

that is identified in the regulations as being a drug for the purposes of this

Act despite this clause,

(3) Subsection

118 (5) of the Act is repealed and the following substituted:

Same

(5) Nothing

in this Act prevents the sale or distribution of cannabis for medical purposes in

accordance with

Part 14 of the Cannabis Regulations

(Canada) or in accordance with a court order.

Education

Act

The definition of “medical cannabis user” in subsection 300 (1) of the Education Act is amended by striking out “applicable

federal law” at the end and substituting “Part 14 of the Cannabis

Regulations (Canada) or in accordance with a court order”.

Highway

Traffic Act

Clause 46 (1) (b.1) of the Highway Traffic Act is

amended by striking out “ Cannabis Act, 2017 ” at the

end and substituting “ Cannabis Control Act, 2017 ”.

Ontario

Cannabis Retail Corporation Act, 2017

The definition of “cannabis” in

section 1 of the Ontario

Cannabis Retail Corporation Act, 2017 is amended by striking out “ Cannabis Act, 2017 ” at the end and substituting “ Cannabis Control Act, 2017 ”.

Commencement

(1) Subject to subsections (2) and (3), this

Schedule comes into

force on the later of October 17, 2018 and the day the Cannabis

Statute Law Amendment Act, 2018 receives Royal Assent.

(2) Sections

1 and 2, subsections 3 (1), (4) and (5),

section 4, subsection 6 (3) and

sections 7, 9, 10, 18, 23 and 24 come into force on a day to be named by

proclamation of the Lieutenant Governor.

(3) Section

5 and subsection 20 (2) come into force on the day the Cannabis

Statute Law Amendment Act, 2018 receives Royal Assent.

Schedule 2

Cannabis LicenCE Act, 2018 and related amendments to other acts

contents

Interpretation and Application

Definitions

Non-application

of Act to Ontario Cannabis Retail Corporation

Licences and Authorizations

Retail

operator licence

Retail

store authorization

Cannabis

retail manager licence

Conditions

of licences, authorizations

Additional

conditions of retail store authorization

Renewals

Inquiries

Application

forms

Revocation,

suspension

Effect

of revocation, suspension on related licence, authorization

Cancellation

on holder’s request

Notice

of proposal

Hearing

Notice

of change in address for service

transfers

Sale of Cannabis and Cannabis Retail Stores

Things

permitted to be sold in cannabis retail stores

Purchase

of cannabis

In-person

sales only

Limit

on amount sold

Only

recorded sales permitted

employment of individual under 19 years of age

Unsold

cannabis

Cannabis

retail managers

Standards

and requirements

Enforcement

Inspectors

Inspections

Investigators

Warrants

Seizure

of things not specified

Searches

in exigent circumstances

Application

of Public Inquiries Act, 2009

Return

of items seized by investigator

Order

of restoration

General Prohibitions

Inducement

Obstruction

Whistle-blowing

protection

Offences and Penalties

Offence

Penalty

Matters Respecting Municipalities

Prohibition

on stores

Restrictions

on by-law making authority

Matters Respecting Reserves

Prohibition

on stores

Agreement

with council of the band

Miscellaneous

Requests

for information from Ontario Cannabis Retail Corporation

Employment

of 18 year olds by Commission

Testimony

in civil proceeding

Immunity

Regulations

Amendments to Other Acts

Alcohol

and Gaming Regulation and Public Protection Act, 1996

Business

Corporations Act

Gaming

Control Act, 1992

Horse

Racing Licence Act, 2015

Licence

Appeal Tribunal Act, 1999

Liquor

Control Act

Liquor

Licence Act

Ministry

of Revenue Act

Ontario

Cannabis Retail Corporation Act, 2017

Ontario

Lottery and Gaming Corporation Act, 1999

Retail

Sales Tax Act

Taxation

Act, 2007

Wine

Content and Labelling Act, 2000

Commencement and

Short title

Commencement

Short

title

Interpretation and Application

Definitions

(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 established under the Alcohol, Cannabis and Gaming Regulation and Public Protection

Act, 1996 ; (“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 General or such other member of the Executive Council as may

be assigned the administration of this Act under the Executive

Council Act ; (“ministre”)

“municipality”

means a local municipality; (“municipalité”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“Registrar”

means the Registrar under the Alcohol, Cannabis and Gaming

Regulation and Public Protection Act, 1996 ; (“registrateur”)

“regulations”

means the regulations made under this Act; (“règlements”)

“reserve”

means a reserve as defined in subsection 2 (1) of the Indian

Act (Canada) or an Indian settlement located on Crown land, the Indian

inhabitants of which are treated by Indigenous and Northern Affairs Canada in

the same manner as Indians residing on a reserve; (“réserve”)

“Tribunal”

means the Licence Appeal Tribunal established under the Licence

Appeal Tribunal Act, 1999 . (“Tribunal”)

Interpretation,

interested in another person

(2) For

the purposes of this Act, a person is interested in another person if the first

person,

(

a) has,

or may have in the opinion of the Registrar based on reasonable grounds, a

beneficial interest of any kind, either directly or indirectly, in the other

person’s business, including but not limited to a holder, directly or

indirectly, of shares or other securities;

(

b) exercises,

or may exercise in the opinion of the Registrar based on reasonable grounds,

direct or indirect control over the other person’s business; or

(

c) has

provided, or may have provided in the opinion of the Registrar based on

reasonable grounds, direct or indirect financing to the other person’s

business.

Non-application

of Act to Ontario Cannabis Retail Corporation

2 This Act does not apply with respect to the

Ontario Cannabis Retail Corporation.

Licences and Authorizations

Retail

operator licence

(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 operator licence in any of the

following circumstances:

1. There

are reasonable grounds to believe that the applicant will not be financially

responsible in the conduct of the applicant’s cannabis retail business, having

regard to the financial history of any of the persons referred to in subsection

(5).

2. There

are reasonable grounds to believe that the applicant will not carry on business

in accordance with the law, or with integrity, honesty or in the public

interest, having regard to the past or present conduct of any of the persons

referred to in subsection (5).

3. A

person referred to in subsection (5) has been convicted of or charged with an

offence under this Act, the Cannabis Control Act, 2017 ,

the Cannabis Act (Canada) or the regulations made

under any of them that is prescribed for the purposes of this paragraph.

4. There

are reasonable grounds to believe that the applicant is carrying on activities

that are, or would be if the applicant were the holder of a retail operator

licence, in contravention of or not in compliance with a provision of this Act,

the Cannabis Control Act, 2017 , the Cannabis Act (Canada) or the regulations made under any

of them that is prescribed for the purposes of this paragraph.

5. The

Registrar is not satisfied that the applicant will exercise sufficient control,

either directly or indirectly, over the applicant’s cannabis retail business.

6. The

applicant or an employee or agent of the applicant makes a false statement or

provides false information in the application.

7. Any

other circumstance that may be prescribed.

Same

(5) Paragraphs

1 to 3 of subsection (4) apply with respect to,

(

a) the

applicant;

(

b) persons

interested in the applicant; and

(

c) if

the applicant is a corporation, the directors, officers or shareholders of the

applicant and persons interested in those directors, officers or shareholders.

Convictions,

charges under Controlled Drugs and Substances Act (Canada)

(6) Paragraph

2 of subsection (4) does not prevent the issuance of a retail operator licence

to an applicant if a person referred to in subsection (5) has been convicted of

or charged with a prescribed offence under the Controlled

Drugs and Substances Act (Canada) in relation to cannabis.

Issuance,

refusal of retail operator licence

(7) The

Registrar shall consider every application for a retail operator licence, and

shall,

(

a) issue

the retail operator licence, if the applicant has met the application

requirements, is not ineligible to be issued a retail operator licence and has

paid the required fee; or

(

b) issue

a proposal to refuse the application.

Conditions

on consent

(8) In

issuing a retail operator licence, the Registrar may specify any conditions

consented to by the applicant that are to be attached to the licence.

Retail

store authorization

(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 or the renewal of a retail store

authorization in respect of a cannabis retail store, or who was the holder of a

retail store authorization that was revoked, may not apply for a retail store

authorization in respect of the same cannabis retail store or proposed cannabis

retail store 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.

Restriction,

producers

(4) A

person who is authorized by a licence issued under the Cannabis

Act (Canada) to produce cannabis for commercial purposes is subject to

the following restrictions in respect of an application that may be made by the

person under subsection (1):

1. The

proposed cannabis retail store must be located on or within the site set out in

the licence.

2. The

person and its affiliates, as defined by the regulations, may not between them

hold more than one retail store authorization.

3. Any

other restriction that may be prescribed.

One

store per authorization

(5) A

separate application is required in respect of each proposed cannabis retail

store, and a retail store authorization that is issued only authorizes the

operation of the store specified in the application for the authorization.

Eligibility

(6) An

applicant is not eligible to be issued a retail store authorization in respect

of a proposed cannabis retail store in any of the following circumstances:

1. The

applicant is not, or would not at the time of the issuance of the authorization

be, the holder of a retail operator licence, or is a holder of a retail

operator licence that is subject to conditions that prevent the application for

or issuance of a retail store authorization in respect of the proposed store.

2. A

person referred to in clauses 3 (5) (

a) to (

c) has been convicted of or charged

with an offence under this Act, the Cannabis Control Act,

2017 , the Cannabis Act (Canada) or the

regulations made under any of them that is prescribed for the purposes of this

paragraph.

3. There

are reasonable grounds to believe that the applicant is carrying on activities

that are, or would be if the applicant were the holder of a retail store

authorization, in contravention of or not in compliance with a provision of

this Act, the Cannabis Control Act, 2017 , the Cannabis Act (Canada) or the regulations made under any

of them that is prescribed for the purposes of this paragraph.

4. The

applicant employs or intends to employ an individual who is not the holder of a

cannabis retail manager licence to perform any of the functions set out in

subsection 5 (1).

5. The

issuance of the retail store authorization in respect of a proposed store is

not in the public interest, having regard to the needs and wishes of the

residents of the municipality in which the proposed cannabis retail store would

be located.

6. In

the case of a proposed cannabis retail store that would be located on a

reserve, the council of the band has not approved, by the passage of a resolution

applicable to the proposed store, the location of the proposed store on the

reserve.

7. The

premises, equipment and facilities of the proposed store are not, or would not

be if the authorization were issued, in compliance with this Act, the regulations

or the standards and requirements established under

section 26, or the

Registrar is satisfied that the applicant will not exercise sufficient control,

either directly or indirectly, over the premises, equipment and facilities.

8. The

applicant or an employee or agent of the applicant makes a false statement or

provides false information in the application.

9. Any

other circumstance that may be prescribed.

Public

notice

(7) For

the purposes of paragraph 5 of subsection (6), the Registrar shall give notice

of an application for a retail store authorization,

(

a) by

displaying a notice at the location of the proposed cannabis retail store

specified in the application;

(

b) by

posting a notice on the Commission’s website; and

(

c) in

any other manner the Registrar considers appropriate.

Exception

(8) Subsection

(7) does not apply if,

(

a) the

applicant is ineligible on any other ground to be issued a retail store

authorization; or

(b) subsection

(12) prevents the issuance of the retail store authorization.

Same

(9) Notice

given under subsection (7) shall include a request for the municipality, its

residents and, if the municipality is a lower-tier municipality, the upper-tier

municipality of which it forms a part, to make written submissions to the Registrar,

which must be made no later than 15 days after the notice is first given, as to

whether the issuance of the retail store authorization is in the public

interest, having regard to the needs and wishes of the residents.

Issuance,

refusal of retail store authorization

(10) The

Registrar shall consider every application for a retail store authorization,

and shall,

(

a) subject

to subsection (12), issue the retail store authorization, if the applicant has

met the application requirements, is not ineligible to be issued a retail store

authorization and has paid the required fee; or

(

b) refuse

the application.

Submissions

to be considered

(11) The

Registrar shall consider any written submissions made in accordance with

subsection (9) in relation to the application.

Circumstances

where no issuance

(12) The

Registrar shall refuse to issue a retail store authorization,

(

a) if

the proposed cannabis retail store would be located less than the distance

specified by or determined in accordance with the regulations from,

(

i) a

school as defined in the Education Act , or

(ii) any

other prescribed land use; or

(

b) in

any other circumstance that may be prescribed.

Conditions

on consent

(13) In

issuing a retail store authorization, the Registrar may specify any conditions

consented to by the applicant that are to be attached to the authorization.

Decision

final

(14) A

decision of the Registrar to issue or to refuse to issue a retail store

authorization is final.

Cannabis

retail manager licence

(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 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.

Restriction,

age

(2) An

individual must be at least 19 years of age in order to apply under subsection

(1).

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 licence, or who was the

holder of a cannabis retail manager licence that was revoked, may not apply for

a cannabis retail manager 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 cannabis retail manager licence in any

of the following circumstances:

1. There

are reasonable grounds to believe that the applicant will not, in acting as a

cannabis retail manager, act in accordance with the law, or with integrity,

honesty or in the public interest, having regard to the past or present conduct

of the applicant.

2. The

applicant has been convicted of or charged with an offence under this Act, the Cannabis Control Act, 2017 , the Cannabis

Act (Canada) or the regulations made under any of them that is

prescribed for the purposes of this paragraph.

3. There

are reasonable grounds to believe that the applicant is carrying on activities

that are, or would be if the applicant were the holder of a cannabis retail

manager licence, in contravention of or not in compliance with a provision of

this Act, the Cannabis Control Act, 2017 , the Cannabis Act (Canada) or the regulations made under any

of them that is prescribed for the purposes of this paragraph.

4. The

applicant makes a false statement or provides false information in the

application.

5. Any

other circumstance that may be prescribed.

Convictions,

charges under Controlled Drugs and Substances Act (Canada)

(5) Paragraph

1 of subsection (4) does not prevent the issuance of a cannabis retail manager

licence to an applicant if the applicant has been convicted of or charged with

a prescribed offence under the Controlled Drugs and

Substances Act (Canada) in relation to cannabis.

Issuance,

refusal of cannabis retail manager licence

(6) The

Registrar shall consider every application for a cannabis retail manager

licence, and shall,

(

a) issue

the cannabis retail manager licence, if the applicant has met the application

requirements, is not ineligible to be issued a cannabis retail manager licence

and has paid the required fee; or

(

b) issue

a proposal to refuse the application.

Conditions

on consent

(7) In

issuing a cannabis retail manager licence, the Registrar may specify any

conditions consented to by the applicant that are to be attached to the

licence.

Conditions

of licences, authorizations

Retail

operator licences

(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 imposed by the Tribunal.

4. The

conditions set out in

section 7.

5. Any

condition that may be prescribed.

Cannabis

retail manager licences

(3) A

cannabis retail manager 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. Any

condition specified by the Registrar under this Act that attaches to the

licence.

3. Any

condition imposed by the Tribunal.

4. Any

condition that may be prescribed.

Duty

to comply

(4) A

holder of a retail operator licence, cannabis retail manager licence or retail

store authorization shall comply with any conditions to which the licence or

authorization is subject.

Risk-based

conditions

(5) The

Board may specify conditions that may be imposed on a licence or authorization

issued under this Act if the holder meets criteria established by the Board for

the purpose on the basis of factors related to risks to the public interest or

the risk of non-compliance with this Act, the Cannabis

Control Act, 2017 , the Cannabis Act (Canada)

or regulations made under any of them.

Same,

designations

(6) The

Registrar may at any time, based on the Registrar’s assessment of the risks

referred to in subsection (5), designate a holder of a licence or authorization

issued under this Act in accordance with the criteria established by the Board,

and may impose on the licence or authorization one or more of the conditions

specified by the Board in relation to those criteria.

Same,

re-designations

(7) If

the Registrar is satisfied that there is a change in circumstances affecting

the designation of a holder of a licence or authorization issued under this

Act, the Registrar may re-designate the holder in accordance with the criteria

established by the Board and may add, remove or otherwise change the conditions

imposed on the licence or authorization accordingly.

Conditions

specified by Registrar

(8) The

Registrar may at any time review a retail operator licence, cannabis retail

manager licence or retail store authorization and may,

(

a) attach

to the licence or authorization any further conditions consented to by the

holder; or

(

b) issue

a proposal to attach to the licence or authorization any further conditions

that the Registrar considers appropriate to give effect to the purposes of this

Act.

Removal

of certain conditions by Registrar

(9) The

Registrar may, on application by the holder, remove a condition attached by the

Registrar on the consent of the applicant or holder if, as a result of a change

in circumstances, the Registrar is satisfied that the condition is no longer

appropriate.

Removal

of certain conditions by Tribunal

(10) The

Tribunal may, on application by the holder, remove a condition of a retail

operator licence, cannabis retail manager licence or retail store authorization

imposed by it if, as a result of a change in circumstances, the Tribunal is

satisfied that the condition is no longer appropriate.

Additional

conditions of retail store authorization

Ongoing

sale

(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.

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.

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.

Restrictions

on corporate operations, s. 69 of Cannabis Act

(Canada)

(4) The

holder of a retail store authorization,

(

a) shall

not sell cannabis unless the cannabis has been produced by a person or entity

that is authorized under the Cannabis Act (Canada) to

produce cannabis for commercial purposes;

(

b) shall

not sell cannabis to an individual under 19 years of age and, for the purpose,

subsections 7 (2) and (3) of the Cannabis Control Act,

2017 and the regulations made for the purposes of those subsections

apply with necessary modifications;

(

c) shall

keep appropriate records, in accordance with the regulations and any applicable

standards and requirements established under

section 26 of this Act, respecting

its activities in relation to cannabis that it possesses;

(

d) shall

take adequate measures, in accordance with the regulations and any applicable

standards and requirements established under

section 26, to reduce the risk of

cannabis it possesses being diverted to an illicit market or activity.

Intoxicated

persons

(5) The

holder of a retail store authorization shall not sell or distribute cannabis to

a person who is or appears to be intoxicated.

Renewals

(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,

(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 retail

manager licence, that would disentitle the holder to be issued the licence or

authorization if the holder were an applicant.

Continuance

pending decision

(4) If

the holder of a licence or authorization issued under this Act has met the

renewal application requirements and paid the required fee, the licence or

authorization is deemed to continue,

(

a) until

the renewal is granted; or

(

b) if

the Registrar issues a notice of a proposal to refuse to renew the licence or

authorization, until the time for giving notice requesting a hearing has

expired under subsection 14 (2) and, if a hearing is requested, until the order

has become final.

Inquiries

(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

individual employed in a cannabis retail store.

Interpretation,

interested in store

(2) For

the purposes of paragraph 3 of subsection (1), persons interested in a cannabis

retail store or proposed cannabis retail store include a landlord or owner of

the premises, a mortgagee or any person with an interest in the assets of the

applicant or holder’s cannabis retail business or in the store property,

fixtures or inventories.

Costs

(3) The

applicant or holder shall pay the reasonable costs of the inquiries or

investigations or provide security to the Registrar in a form acceptable to the

Registrar for the payment.

Collection

of information

(4) The

Registrar may require information, including personal information, or material

from any person who is the subject of the inquiries or investigations and may

request information, including personal information, or material from any

person or entity who the Registrar has reason to believe can provide

information or material relevant to the inquiries or investigations.

Verification

of information

(5) The

Registrar may require that any information provided under subsection (4) be

verified by statutory declaration.

Disclosure

(6) An

institution subject to the Freedom of Information and

Protection of Privacy Act or the Municipal Freedom

of Information and Protection of Privacy Act is authorized to disclose

to the Registrar the information, including personal information, or material

that the Registrar requests from the institution under subsection (4), and such

disclosure is deemed to comply with those Acts.

Application

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

Proposal

to revoke or suspend

(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 Registrar shall revoke a licence or authorization

issued under this Act without issuing a proposal if the holder or any other

prescribed person is convicted for contravening,

(

a) section

6, 7 or 13 of the Cannabis Control Act, 2017 ;

(

b) section

10 of the Cannabis Act (Canada); or

(

c) any

other prescribed provision of the Cannabis Control Act,

2017 , the Cannabis Act (Canada) or the

regulations made under either of them.

Notice

and immediate effect

(4) The

Registrar shall serve notice of a suspension under subsection (2) or of a

revocation under subsection (3) on the holder together with written reasons,

and the suspension or revocation takes effect immediately on the holder being

served.

Notice

requesting hearing

(5) The

holder may request a hearing by the Tribunal of a suspension under subsection

(2) or a revocation under subsection (3) if, no later than 15 days after being

served with notice of the suspension or revocation, the holder mails or

delivers to the Tribunal and to the Registrar a written notice requesting the

hearing.

Same

(6) A

notice served under subsection (4) shall inform the holder of the entitlement

to a hearing under subsection (5), and of the requirements of that subsection.

Effect

of revocation, suspension on related licence, authorization

Effect

of revocation, non-renewal of retail operator licence

(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 authorization is suspended and the Registrar considers it

appropriate in the circumstances to do so, the Registrar may, without issuing a

proposal, suspend,

(

a) any

other retail store authorization held by the same holder;

(

b) the

holder’s retail operator licence; or

(

c) both.

Notice

(5) The

Registrar shall give notice of a revocation or suspension under this

section to

the holder.

Application

(6) This

section applies despite

section 11, other than subsection 11 (3).

Cancellation

on holder’s request

(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.

Notice

of proposal

(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.

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.

Hearing

(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).

Notice

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.

transfers

17 Retail operator

licences, cannabis retail manager licences and retail store authorizations are

not transferable.

Sale of Cannabis and Cannabis Retail

Stores

Things

permitted to be sold in cannabis retail stores

18 The holder of a retail

store authorization may only sell the following things at a cannabis retail

store:

1. Subject

to the regulations, 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.

2. Any

other things that may be prescribed.

Purchase

of cannabis

19 The holder of a retail

store authorization may only purchase cannabis for sale in the cannabis retail

store from the Ontario Cannabis Retail Corporation.

In-person

sales only

20 The holder of a retail

store authorization shall ensure that all aspects of the sale of cannabis

through the cannabis retail store, including ordering and payment, are conducted

in person at the store.

Limit

on amount sold

21 The holder of a retail

store authorization shall ensure that the amount of cannabis sold to an

individual in the cannabis retail store in a single visit, whether in a single

or multiple transactions, does not exceed 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.

Only

recorded sales permitted

22 The holder of a retail

store authorization shall ensure that cannabis sold at the cannabis retail

store is sold only through recorded sales.

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 in a

cannabis retail store.

Unsold

cannabis

(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.

Cannabis

retail managers

(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

Standards

and requirements

(1) Subject

to subsection (2), 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

relating to cannabis, including the responsible use of cannabis, and to the

sale 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. Compliance

with a cannabis tracking system established under

section 81 of the Cannabis Act (Canada).

9. Any

other matter relating to the conduct of holders of licences or authorizations

issued under this Act or to the operation of cannabis retail stores that may be

prescribed.

Restriction

(2) Subsection

(1) does not apply with respect to any matter for which a standard or requirement

has been established by the regulations.

Publication

(3) The

Registrar shall publish the standards and requirements on the Commission’s

website or by any other method that may be prescribed.

Effective

date

(4) Standards

and requirements established under subsection (1) take effect on the date they

are published under subsection (3) or on such later date as the Registrar may

specify, and the effective date shall be published together with the standards

and requirements.

Not

regulations

(5) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to standards and requirements established under subsection (1).

Duty

to comply

(6) Every

holder of a licence or authorization issued under this Act shall comply with

the standards and requirements established under subsection (1).

Enforcement

Inspectors

(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.

Inspections

(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;

(

e) in

order to produce a record in readable form, use data storage, information

processing or retrieval devices or systems that are normally used in carrying

on business in the place;

(

f) take

photographs or make any other kind of recording; and

(

g) inquire

into all financial transactions, records and other matters that are relevant to

the inspection.

Written

demand

(3) A

demand under this

section that a record or any other thing be produced must be

in writing and must include a statement of the nature of the record or thing

required.

Obligation

to produce and assist

(4) If

an inspector demands that a record or any other thing be produced under this

section, the person who has custody of the record or thing shall produce it

and, in the case of a record, on request, shall provide any assistance that is

reasonably necessary to interpret the record or to produce it in a readable

form.

Records

and things removed from place

(5) A

record or other thing that has been removed for review, examination, testing or

copying,

(

a) shall

be made available on request to the person from whom it was removed and at a

time and place that are convenient for the person and for the inspector; and

(

b) shall

be returned to the person within a reasonable time, unless, in the case of a

thing that has been subject to testing, the thing has been made unsuitable for

return as a result of the testing.

Copy

admissible in evidence

(6) A

copy of a record or other thing that purports to be certified by an inspector

as being a true copy of the original is admissible in evidence to the same

extent as the original and has the same evidentiary value.

Seizure

(7) An

inspector conducting an inspection may seize anything the inspector discovers

that the inspector reasonably believes not to be in compliance with this Act or

the regulations.

Same

(8) Subject

section 35, an inspector who seizes a thing under subsection (7) shall, in

accordance with the direction of the Registrar, either return it within a

reasonable time or dispose of it.

Assistance

(9) An

inspector is entitled to call upon such experts as are necessary to assist in

an inspection.

Duty

to facilitate

(10) Every

holder of a licence or authorization issued under this Act shall facilitate

inspections under this Act.

Investigators

(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).

Warrants

(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 anything relating to the contravention of or failure to comply

with this Act or the regulations.

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 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 information or evidence described in the

warrant, in any form;

(

c) to

require a person to produce the evidence or information described in the

warrant and to provide whatever assistance is reasonably necessary, including

using any data storage, processing or retrieval device or system to produce, in

any form, the evidence or information described in the warrant; and

(

d) to

use any investigative technique or procedure or do anything described in the

warrant.

Obligation

to produce and assist

(3) If

an investigator demands that a person produce evidence or information described

in the warrant and provide assistance under clause (2) (c), the person shall

produce the evidence or information or provide the assistance.

Entry

of dwelling

(4) Despite

subsection (2), an investigator shall not exercise the power under a warrant to

enter a place or part of a place actually used as a dwelling, unless,

(

a) the

justice of the peace is informed that the warrant is being sought to authorize

entry into a dwelling; and

(

b) the

justice of the peace authorizes the entry into the dwelling.

Conditions

on warrant

(5) A

warrant obtained under subsection (1) shall contain the conditions that the

justice of the peace considers advisable to ensure that any search authorized

by the warrant is reasonable in the circumstances.

Execution

of warrant

(6) A

warrant issued under this

section shall specify the hours and days during which

it may be executed.

Expiry

(7) Unless

renewed, a warrant under this

section expires not later than 30 days after the

date on which it is issued.

Renewal

of warrant

(8) A

warrant under this

section may be renewed for any reason for which it may be

issued.

Admissibility

(9) A

copy of a document or record that purports to be certified by an investigator

as being a true copy of the original is admissible in evidence to the same

extent as the original and has the same evidentiary value.

Assistance

(10) An

investigator acting under the authority of a warrant issued under this

section

is authorized to call on police officers and experts to assist in the execution

of the warrant and to use such force as is necessary in the execution of the

warrant.

Seizure

of things not specified

31 An investigator who is

lawfully present in a place 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.

Searches

in exigent circumstances

(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.

Dwellings

(2) Subsection

(1) does not apply to a place or part of a place or that is actually being used

as a dwelling.

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.

Applicability

of s. 30

(4) Subsections

30 (3), (9) and (10) apply, with necessary modifications, to a search under

this section.

Application

of Public Inquiries Act, 2009

Section 33 of the Public Inquiries Act, 2009 applies to an investigation by

an investigator under this Act.

Return

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.

Order

of restoration

(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 from the date of the seizure, if no proceeding

in respect of an offence has been commenced; or

(

b) on

the final conclusion of any such a proceeding.

Forfeiture

(3) If

no application has been made for the return of a thing seized under this Act or

an application has been made but upon the hearing of the application no order

of restoration has been made, the thing seized is forfeited to the Crown.

Same

(4) If

a person is convicted of an offence under this Act, the court shall order that

anything seized under this Act in connection with the offence be forfeited to

the Crown, unless the court considers that the forfeiture would be unjust in

the circumstances.

Relief

against forfeiture

(5) Any

person with an interest in a thing forfeited under this Act may apply to the

Superior Court of Justice for relief against the forfeiture, and the court may

make an order providing for any relief that it considers just, including, but

not limited to, one or more of the following orders:

1. An

order directing that the thing or any part of the thing be returned to the

applicant.

2. An

order directing that any interest in the thing be vested in the applicant.

3. An

order directing that an amount be paid by the Crown to the applicant by way of

compensation for the forfeiture.

Same

(6) The

court shall not order any relief under subsection (5) unless the court is

satisfied that the applicant did not, directly or indirectly, participate in,

or benefit from, any offence in connection with which the thing was seized.

General Prohibitions

Inducement

Promotion

to increase sales

(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;

(

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

Inspections

(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.

Whistle-blowing

protection

(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 harassing any person.

Disclosure

not to be discouraged

(4) No

holder of a licence or authorization issued under this Act, or person

interested in such a holder, shall do anything that discourages, is aimed at

discouraging or has the effect of discouraging a person from making a

disclosure to the Registrar, an inspector or an investigator.

Protection

from legal action

(5) No

action or other proceeding shall be instituted against any person for making a

disclosure to the Registrar, an inspector or an investigator, unless the person

acted maliciously or in bad faith.

Offences and Penalties

Offence

(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.

Penalty

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.

Matters Respecting Municipalities

Prohibition

on stores

(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 manner,

notice of every resolution passed under this section.

Publication

(6) The

Registrar shall publish on the Commission’s website a list of the

municipalities in which cannabis retail stores may not be located in accordance

with this section, along with the dates of the relevant resolutions.

Restrictions

on by-law making authority

Business

licensing by-laws

(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 extent that it conflicts with subsection (2).

Matters Respecting Reserves

Prohibition

on stores

(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 for the purposes of this

section in respect of a

reserve does not affect the validity of a retail store authorization issued in

respect of any cannabis retail store located on the reserve when the resolution

is passed, but any such authorization shall not be renewed, subject to an

amendment or rescindment under subsection (3).

Notice

(5) A

council of the band shall provide to the Registrar, in the prescribed time and

manner, notice of every resolution passed under this section.

Publication

(6) The

Registrar shall publish on the Commission’s website a list of the reserves on

which cannabis retail stores may not be located in accordance with this

section, along with the dates of the relevant resolutions.

Agreement

with council of the band

(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 regulation of

cannabis retail stores on a reserve, the licensing or authorization of persons

to operate cannabis retail stores on a reserve or the enforcement of this Act

and the regulations on a reserve.

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 .

Miscellaneous

Requests

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.

Employment

of 18 year olds by Commission

(1) An

individual who is 18 years of age may be appointed under

section 7 of the Alcohol, Cannabis and Gaming Regulation and Public Protection

Act, 1996 to employment in the Commission for the purposes of monitoring

compliance with this Act and the regulations.

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.

Testimony

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).

Immunity

(1) No

action or other proceeding for damages may be instituted against any person

engaged in the administration of this Act for any act done in good faith in the

execution or intended execution of the person’s duty or for any alleged neglect

or default in the execution in good faith of the person’s duty.

Crown

liability

(2) Despite

subsections 5 (2) and (4) of the Proceedings Against the

Crown Act , subsection (1) does not relieve the Crown of liability in

respect of a tort committed by a person mentioned in subsection (1) to which it

would otherwise be subject.

Regulations

(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 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 and expiry of retail operator licences, cannabis retail

manager licences and retail store authorizations;

(

e) setting

out matters that are or are not matters of public interest, for the purposes of

paragraph 5 of subsection 4 (6);

(

f) for

the purposes of clause 4 (12) (b), setting out circumstances in which a retail

store authorization may not be issued, including setting out maximums or

methods of determining maximums respecting authorizations that may be issued,

or that may be issued with respect to an applicant, a municipality, or any

other person, place or thing;

(

g) prescribing

conditions that apply to retail operator licences, to cannabis retail manager

licences or to retail store authorizations;

(

h) governing

the sale of cannabis under a retail store authorization, including the

operation of cannabis retail stores and their hours of operation;

(

i) respecting

varieties, forms and types of cannabis that may and may not be sold under a

retail store authorization by holders of retail store authorizations;

(

j) regulating

and controlling the possession and distribution of cannabis sold or to be sold

under a retail store authorization;

(

k) for

the purposes of subsection 7 (3), requiring that the holder of a retail store

authorization not sell cannabis or a prescribed class of cannabis at a price

that is lower than a price specified by or determined in accordance with the

regulations, and governing such prices;

(

l) providing

for how elements of an offence under this Act may be proved in a prosecution,

including providing for presumptions that apply or inferences that may be made

in the absence of evidence to the contrary;

(

m) governing

records to be kept by holders of a licence or authorization issued under this

Act;

(

n) requiring

holders of a licence or authorization issued under this Act to take prescribed measures

to reduce the risk that cannabis under the holder’s control is diverted to an

illicit market or activity;

(

o) governing

and requiring the provision of information by holders of a licence or

authorization issued under this Act to the Registrar, including information

respecting the sale of cannabis and the premises, methods and practices

connected to the sale of cannabis, and requiring any information provided to

the Registrar to be verified in any manner specified by the regulations,

including by oath;

(

p) governing

the advertising of cannabis, or the advertising of its availability for sale,

and governing related promotional activities;

(

q) authorizing

the Board to approve training courses or programs and requiring specified

persons to successfully complete them;

(

r) establishing

standards or requirements respecting any other matter referred to in subsection

26 (1) that is not otherwise provided for by this subsection;

(

s) exempting

any person, place or thing from this Act or the regulations, or from any

provision of this Act or the regulations, and prescribing conditions for the

exemption.

Same

(2) A

regulation made under subsection (1) may be general or specific in its

application to any person, place or thing or any class of them, may impose

different requirements, conditions or restrictions on or in respect of any

class, and may be limited as to time and place.

Amendments to Other Acts

Alcohol

and Gaming Regulation and Public Protection Act, 1996

(1) The title of the Alcohol and Gaming Regulation and Public Protection Act, 1996

is repealed and the following substituted:

Alcohol,

Cannabis and Gaming Regulation and Public Protection Act, 1996

(2) Section

1 of the Act is amended by adding the following definition:

“cannabis”

means cannabis with respect to which the Cannabis Control

Act, 2017 applies; (“cannabis”)

(3) The

definition of “Registrar” in

section 1 of the Act is repealed and the following

substituted:

“Registrar”

means the Registrar established under

section 6; (“registrateur”)

(4) Subsection

3 (1) of the Act is amended by adding “the Cannabis

Licence Act, 2018 ” after “the Horse Racing Licence

Act, 2015 ”.

(5) Section

3 of the Act is amended by adding the following subsection:

Agreements

with other jurisdictions

(5) With

the approval of the Minister, the board of the Commission may enter into

agreements with the government of another Canadian jurisdiction, or an agency

of that government, in relation to its duties respecting the administration of

the Acts referred to in this section.

(6) Subsection

6 (1) of the Act is repealed and the following substituted:

Registrar

(1) There

shall be a Registrar for the purposes of this Act, the Liquor

Licence Act , the Gaming Control Act, 1992 ,

the Horse Racing Licence Act, 2015 , the Cannabis Licence Act, 2018 and the regulations made under

them.

(7) Clause

13 (1) (

a) of the Act is repealed and the following substituted:

(

a) the

issuance or non-issuance of,

(

i) a

licence or permit under the Liquor Licence Act ,

(ii) a

licence or registration under the Horse Racing Licence

Act, 2015 , or

(iii) a

licence or authorization under the Cannabis Licence Act,

2018 ;

(8) Clause

13 (1) (

e) of the Act is amended by adding “licences or authorizations under

the Cannabis Licence Act, 2018 ” after “the Horse Racing Licence Act, 2015 ”.

(9) Paragraph

1 of subsection 14.1 (4) of the Act is amended by adding “cannabis” after

“alcohol”.

Business

Corporations Act

51 Paragraph 0.1 of subsection 241

(1) of the Business Corporations Act is amended by

striking out “ Alcohol and Gaming ” at the beginning

and substituting “ Alcohol, Cannabis and Gaming ”.

Gaming

Control Act, 1992

52 The

definitions of “Board” and

“Registrar” in subsection 1 (1) of the Gaming Control Act,

1992 are repealed and the following substituted:

“Board”

means the board of the Alcohol and Gaming Commission of Ontario established

under the Alcohol, Cannabis and Gaming Regulation and

Public Protection Act, 1996 ; (“conseil”)

“Registrar”

means the Registrar under the Alcohol, Cannabis and Gaming

Regulation and Public Protection Act, 1996 ; (“registrateur”)

Horse

Racing Licence Act, 2015

53 The

definitions of “Board”,

“Commission” and “Registrar” in

section 1 of the Horse

Racing Licence Act, 2015 are repealed and the following substituted:

“Board”

means the board of the Alcohol and Gaming Commission of Ontario established

under the Alcohol, Cannabis and Gaming Regulation and

Public Protection Act, 1996 ; (“conseil”)

“Commission”

means the Alcohol and Gaming Commission of Ontario established under the Alcohol, Cannabis and Gaming Regulation and Public Protection

Act, 1996 ; (“Commission”)

“Registrar”

means the Registrar under the Alcohol, Cannabis and Gaming

Regulation and Public Protection Act, 1996 ; (“registrateur”)

Licence

Appeal Tribunal Act, 1999

(1) Subsection 5.1 (1) of

the Licence Appeal Tribunal Act, 1999 is repealed

and the following substituted:

Hearings

re liquor, cannabis or gaming

(1) This

section applies to hearings held by the Tribunal under

section 14.1 of the Alcohol, Cannabis and Gaming Regulation and Public Protection

Act, 1996 or under the Cannabis Licence Act, 2018 ,

the Gaming Control Act, 1992 , the Horse Racing Licence Act, 2015 , the Liquor

Control Act , the Liquor Licence Act or the Vintners Quality Alliance Act, 1999 .

(2) Subsection

5.1 (2) of the Act is amended by striking out “The Registrar of Alcohol, Gaming

and Racing” at the beginning and substituting “The Registrar under the Alcohol, Cannabis and Gaming Regulation and Public Protection

Act, 1996 ”.

(3) Subsection

11 (1) of the Act is amended by adding “ Cannabis Licence

Act, 2018 ” after “ Building Code Act, 1992 ”.

(4) Subsections

11 (2), (4) and (5) of the Act are repealed and the following substituted:

Certain

appeals

(2) Subsections

(3) to (5) apply to appeals of decisions made in respect of proceedings under

the Cannabis Licence Act, 2018 , the Gaming Control Act, 1992 , the Horse

Racing Licence Act, 2015 , the Liquor Control Act ,

the Liquor Licence Act or the Vintners

Quality Alliance Act, 1999 .

. . . .

Registrar

a party

(4) The

Registrar under the Alcohol, Cannabis and Gaming

Regulation and Public Protection Act, 1996 is a party to the appeal.

Right

to be heard

(5) The

Minister responsible for administration of the Act under which the decision

that is the subject of the appeal was made is entitled to be heard, by counsel

or otherwise, on the appeal.

Liquor

Control Act

55 Subsection 4.1 (1.1) of the Liquor Control Act is amended by striking out “The

Registrar of Alcohol, Gaming and Racing under the Alcohol

and Gaming Regulation and Public Protection Act, 1996 ” at the beginning

and substituting “The Registrar under the Alcohol,

Cannabis and Gaming Regulation and Public Protection Act, 1996 ”.

Liquor

Licence Act

(1) The

definitions of

“Board” and “Registrar” in subsection 1 (1) of the Liquor

Licence Act are repealed and the following substituted:

“Board”

means the board of the Alcohol and Gaming Commission of Ontario established

under the Alcohol, Cannabis and Gaming Regulation and

Public Protection Act, 1996 ; (“conseil”)

“Registrar”

means the Registrar under the Alcohol, Cannabis and Gaming

Regulation and Public Protection Act, 1996 ; (“registrateur”)

(2) Subsection

6 (6) of the Act is amended by striking out “ Alcohol and

Gaming ” and substituting “ Alcohol, Cannabis and

Gaming ”.

(3) Subsection

13 (2) of the Act is amended by striking out “ Alcohol and

Gaming ” and substituting “ Alcohol, Cannabis and

Gaming ”.

Ministry

of Revenue Act

57 Paragraph 1 of subsection 11.6 (1) of

the Ministry of Revenue Act is amended by striking

out “ Alcohol and Gaming ” and substituting “ Alcohol, Cannabis and Gaming ”.

Ontario

Cannabis Retail Corporation Act, 2017

(1) Clause 4 (

b) of the Ontario Cannabis Retail Corporation Act, 2017 is repealed

and the following substituted:

(

b) to

determine,

(

i) the

varieties, forms or types of cannabis and related products it sells, subject to

the regulations, and

(ii) the

prices at which it sells them, subject to subsection 5 (5) and the regulations;

(2) Section

5 of the Act is amended by adding the following subsection:

Limitation,

minimum retail price

(5) If

a regulation is made under the Cannabis Licence Act, 2018

prohibiting the holder of a retail store authorization under that Act from

selling cannabis at a price that is lower than the price prescribed under that

Act, the Corporation shall not sell cannabis at retail at a price that is lower

than the price prescribed under that Act.

(3) The

Act is amended by adding the following section:

Compliance

with Cannabis Licence Act, 2018

27.1 At the request of a

person under

section 45 of the Cannabis Licence Act, 2018 ,

the Corporation shall provide the person with information respecting cannabis

sold by the Corporation to a holder of a retail store authorization under that

Act.

(4) Clause

29 (1) (

e) of the Act is repealed and the following substituted:

(

e) subject

to subsection 5 (5), respecting the Corporation’s determination of prices at

which it sells cannabis and related products;

Ontario

Lottery and Gaming Corporation Act, 1999

59 Paragraph 4 of subsection 14 (1) of

the Ontario Lottery and Gaming Corporation Act, 1999

is amended by striking out “ Alcohol and Gaming Regulation

and Public Protection Act, 1996 ” at the end and substituting “ Alcohol, Cannabis and Gaming Regulation and Public Protection

Act, 1996 ”.

Retail

Sales Tax Act

60 Paragraph 1 of subsection 6 (3) of

the Retail Sales Tax Act is amended by striking out

“ Alcohol and Gaming ” at the beginning and

substituting “ Alcohol, Cannabis and Gaming ”.

Taxation

Act, 2007

(1) Section 104.13 of the Taxation Act, 2007 is amended by striking out “ Alcohol and Gaming ” wherever it appears and substituting

in each case “ Alcohol, Cannabis and Gaming ”.

(2) Subsections

104.14 (1) and (3) of the Act are amended by striking out “ Alcohol and Gaming ” wherever it appears and substituting

in each case “ Alcohol, Cannabis and Gaming ”.

(3) Paragraph

2 of subsection 104.15 (1) of the Act is amended by striking out “ Alcohol and Gaming ” and substituting “ Alcohol, Cannabis and Gaming ”.

(4) Subsections

104.17 (13) and (14) of the Act are amended by striking out “ Alcohol and Gaming ” wherever it appears and substituting

in each case “ Alcohol, Cannabis and Gaming ”.

Wine

Content and Labelling Act, 2000

(1) Section 2 of the Wine Content and Labelling Act, 2000 is amended by adding

the following definition:

“Registrar”

means the Registrar under the Alcohol, Cannabis and Gaming

Regulation and Public Protection Act, 1996 ; (“registrateur”)

(2) Clause

3 (

b) of the Act is amended by striking out “of Alcohol, Gaming and Racing

under the Alcohol and Gaming Regulation and Public

Protection Act, 1996 ” at the end.

(3) Subsection

6 (6) of the Act is amended by striking out “of Alcohol, Gaming and Racing”.

Commencement and Short

title

Commencement

63 The Act set out in this

Schedule

comes into force on a day to be named by proclamation of the Lieutenant

Governor.

Short

title

64 The

short title of the Act set out in

this

Schedule is the Cannabis Licence Act, 2018 .

SCHEDULE 3

Amendments to the ONTARIO CANNABIS RETAIL CORPORATION ACT, 2017 and the Liquor

Control Act

Section 2 of the Ontario Cannabis Retail Corporation Act,

2017 is repealed and the following substituted:

Exclusive

rights of Corporation

(1) The

Corporation has the exclusive right to sell cannabis in Ontario,

(

a) online

and by any means other than by operating retail stores directly or indirectly;

and

(

b) to

a holder of a retail store authorization under the Cannabis

Licence Act, 2018 for the purpose of resale in a cannabis retail store

within the meaning of that Act.

Exceptions

(2) Subsection

(1) does not apply with respect to sales of cannabis,

(

a) for

medical purposes in accordance with

Part 14 of the Cannabis

Regulations (Canada) or in accordance with a court order;

(

b) to

the Corporation in accordance with the Cannabis Act

(Canada); or

(

c) by

such persons or entities, or in such circumstances, as may be prescribed,

subject to such conditions as may be prescribed.

Section 5 of the Act is amended by adding the following subsection:

Operation

of retail stores prohibited

(1.1) The

Corporation shall not operate retail stores directly or indirectly.

Section 7 of the Act is repealed.

Clause 8 (2) (

c) of the Act is amended by striking out “chief operating

officer” and substituting “chief executive officer”.

(1) Section 9 of the Act is repealed and the following substituted:

Composition,

etc.

(1) The

board of directors shall consist of at least three and not more than seven

members appointed by the Lieutenant Governor in Council.

Chair

(2) The

Lieutenant Governor in Council shall designate a chair from among the members

of the board of directors.

Vice-chair

(3) The

Lieutenant Governor in Council may designate a vice-chair from among the

members of the board of directors.

Acting

chair

(4) If

the chair is absent or unable to act, or if the office of the chair is vacant,

the vice-chair shall act as chair.

Same

(5) If

the chair and vice-chair are absent, the members present shall appoint an

acting chair from among themselves.

Quorum

(6) A

majority of the members constitutes a quorum of the board of directors.

Remuneration

(7) The

members of the board of directors shall receive the remuneration and

reimbursement for reasonable expenses as the Lieutenant Governor in Council

determines.

Transition

(8) The

chair, vice-chair and members of the board of directors who are in office on

the day before the Cannabis Statute Law Amendment Act,

2018 receives Royal Assent shall each continue in office as the chair,

vice-chair and members of the board of directors until the earliest of the

following:

1. The

date on which the member’s term of office expires.

2. The

date on which the member dies.

3. The

date on which the member resigns.

4. The

date on which the member is removed by the Lieutenant Governor in Council.

5. The

date on which the member becomes bankrupt or unable to act.

Same

(9) The

following rules apply to each individual described in subsection (8):

1. The

individual is deemed to be a public servant for the purposes of Parts IV, V and

VI of the Public Service of Ontario Act, 2006 .

2. Until

such time as the Lieutenant Governor in Council determines remuneration and

reimbursement under subsection (7), the individual shall continue to be paid at

the rates of remuneration that are in effect for that individual on the day

before the Cannabis Statute Law Amendment Act, 2018 receives

Royal Assent.

3. If

the individual is also a member of the LCBO, the individual is deemed not to

have a conflict of interest by virtue only of that fact.

(2) Section

9 of the Act, as re-enacted by subsection (1), is amended by adding the

following subsection:

Restriction,

LCBO member

(1.1) A

member of the LCBO is not eligible to be appointed as a member of the

Corporation’s board of directors.

Section 10 of the Act is repealed.

Subsections 11 (2) to (4) of the Act are repealed and the following

substituted:

Financial

by-laws

(2) A

by-law of the Corporation relating to borrowing, investing or managing

financial risks does not take effect until it is approved by the Minister and,

if the Minister is not the Minister of Finance, by the Minister of Finance.

(1) Subsections 12 (1) to (3) of the Act are repealed and the

following substituted:

President

and chief executive officer

(1) The

Corporation shall appoint an individual to serve as the Corporation’s president

and chief executive officer.

Transition

(2) The

individual who is the Corporation’s president and chief operating officer on

the day before the Cannabis Statute Law Amendment Act,

2018 receives Royal Assent shall continue as the Corporation’s president

and chief executive officer until the earliest of the following:

1. The

date on which the individual’s term of office expires.

2. The

date on which the individual dies.

3. The

date on which the individual resigns.

4. The

date on which the individual is removed by the Corporation.

References

to president and chief operating officer

(3) A

reference in any by-law or resolution of the Corporation or other prescribed

documents to the Corporation’s president and chief

operating officer is deemed to be a reference to the president and chief

executive officer.

(2) Subsections

12 (4) to (7) of the Act are amended by striking out “chief operating officer”

wherever it appears and substituting in each case “chief executive officer”.

Section 16 of the Act is repealed.

Section 19 of the Act is amended by adding the following subsection:

Financial

reports

(2) The

Corporation shall give the Minister and, if the Minister is not the Minister of

Finance, the Minister of Finance, at the times required by the Minister of

Finance, reports setting out the Corporation’s net profit and net profit

forecasts and containing such additional financial information as the Minister

of Finance may request.

Section 25 of the Act is repealed and the following substituted:

Annual

report

(1) The

Corporation shall prepare an annual report, provide it to the Minister and make

it available to the public.

Same

(2) The

Corporation shall comply with such directives as may be issued by the Management

Board of Cabinet with respect to,

(

a) the

form and content of the annual report;

(

b) when

to provide it to the Minister; and

(

c) when

and how to make it available to the public.

Same

(3) The

Corporation shall include such additional content in the annual report as the

Minister may require.

Tabling

of annual report

(4) The

Minister shall table the Corporation’s annual report in the Assembly and shall

comply with such directives as may be issued by the Management Board of Cabinet

with respect to when to table it.

Section 26 of the Act is amended by striking out “LCBO” wherever it appears and

substituting in each case “Minister”.

(1) Clause 27 (

a) of the Act is repealed and the following

substituted:

(

a) shall

not sell cannabis unless the cannabis has been produced by a person or entity

that is authorized under the Cannabis Act (Canada)

to produce cannabis for commercial purposes;

(2) Clause

27 (

b) of the Act is amended by striking out “a person” and substituting “an

individual”.

(1) Subsection 28 (1) of the Act is amended by striking out “section

29” in the portion before the

definitions and substituting “section 28.1”.

(2) Subsection

28 (2) of the Act is repealed and the following substituted:

Same

(2) Subject

to subsection (3) 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 cannabis that is sold and

delivered to a purchaser on a reserve.

Same,

requirement for agreement with other ministers

(3) The

Minister may only enter into an arrangement or agreement jointly with,

(

a) the

Minister of Finance, if the Minister is not the Minister of Finance;

(

b) the

Minister responsible for the administration of the Cannabis

Act, 2017 ; and

(

c) the

Minister responsible for the administration of the Cannabis

Licence Act, 2018 .

(3) Clause

28 (3) (

b) of the Act, as enacted by subsection (2), is amended by striking out

“ Cannabis Act, 2017 ” and substituting “ Cannabis Control Act, 2017 ”.

The Act is amended by adding the following section:

delivery to reserve on request

28.1

(1) If the

Corporation receives a copy of a resolution of the council of the band in

respect of a reserve requesting that the Corporation not deliver cannabis and

related products to the reserve, the Corporation shall make reasonable efforts

to comply with the request in a timely manner.

Additional

information

(2) The

council of the band shall provide such information as the Corporation may

reasonably require to enable it to comply with the request.

Amended,

rescinded resolution

(3) If

the Corporation receives a copy of a resolution of the council of a band in

respect of a reserve amending or rescinding a request described in subsection

(1), the Corporation shall make reasonable efforts to comply with the amended

or rescinded request in a timely manner.

Publication

(4) The

Corporation shall publish on its website a list of the reserves to which the

Corporation does not deliver cannabis and related products in accordance with

this section, along with the dates of the relevant resolutions.

Exception,

wholesale deliveries

(5) Subsection

(1) does not apply with respect to the Corporation delivering cannabis and related

products to the holder of a retail store

authorization under the Cannabis Licence Act, 2018 for

the purpose of resale in a cannabis retail store within the meaning of that Act

which is located on the reserve.

The Act is amended by adding the following section:

Review

28.2 Within two years after

the day on which the Cannabis Statute Law Amendment Act,

2018 receives Royal Assent, the Minister shall initiate a review of any

matters relating to the Corporation that the Minister considers advisable.

(1) Clause 29 (1) (

b) of the Act is repealed and the following

substituted:

(

b) governing

the sale of cannabis and related products;

(2) Clause

29 (1) (

d) of the Act is repealed.

(3) Clause 29 (1) (

i) of the Act is amended by striking out “not”.

(4) Subsection

29 (2) of the Act is repealed.

Complementary

Amendments — Liquor Control Act

Liquor

Control Act

(1) Section 1 of the Liquor Control Act is

amended by adding the following definition:

“Ontario

Cannabis Retail Corporation” means the corporation established under

section 3

of the Ontario Cannabis Retail Corporation Act, 2017 ;

(“Société ontarienne de vente du cannabis”)

(2) The

definition of “Ontario cannabis retailer” in

section 1 of the Act is repealed.

(3) Clause

3 (1) (

o) of the Act is repealed and the following substituted:

(

o) for

the purpose of supporting the operations of the Ontario Cannabis Retail

Corporation, to provide it with services, advice, assistance, goods and other property

and to enter into agreements;

(4) Clauses

3 (1) (

p) and (

q) of the Act are repealed.

(5) Section

3.1.1 of the Act is repealed.

(6) Section

4.0.2.1 of the Act is amended by striking out “Ontario cannabis retailer”

wherever it appears and substituting in each case “Ontario Cannabis Retail

Corporation”.

(7) Subsection

5 (4) of the Act is amended by striking out “and of the Ontario cannabis

retailer”.

(8) Subsection

7 (3) of the Act is repealed and the following substituted:

Same

(3) The

Board shall include such additional content in the annual report as the

Minister may require.

(9) Section

7.1 of the Act is amended by striking out “or the Ontario cannabis retailer” at

the end.

Commencement

Commencement

(1) Subject to subsections (2) to (5), this

Schedule comes into

force on the day the Cannabis Statute Law Amendment Act,

2018 receives Royal Assent.

(2) Section

1 comes into force on the later of October 17, 2018 and the day the Cannabis Statute Law Amendment Act, 2018 receives Royal

Assent.

(3) Subsection

5 (2) comes into force on a day to be named by proclamation of the Lieutenant

Governor.

(4) Subsection

14 (2) comes into force on the day subsection 44 (1) of

Schedule 2 to the Cannabis Statute Law Amendment Act, 2018 comes into

force.

(5) Subsection

14 (3) comes into force on the day

section 1 of

Schedule 1 to the Cannabis Statute Law Amendment Act, 2018 comes into

force.

SCHEDULE 4

Amendments to the SMOKE-FREE ONTARIO ACT, 2017 and the Highway Traffic Act

(1) Subsection 1 (1) of the Smoke-Free Ontario

Act, 2017 is amended by adding the following definition:

“cannabis”

has the same meaning as in subsection 2 (1) of the Cannabis

Act (Canada); (“cannabis”)

(2) The

definitions of “commercial”, “medical cannabis”, “medical cannabis user”,

“Minister” and “promote” in subsection 1 (1) of the Act are repealed and the

following substituted:

“commercial”,

with respect to a product or substance regulated under this Act, means

something done or prepared for the primary purpose of generating profits from

its sale or use, directly or indirectly; (“commercial”)

“Minister”

means the Minister of Health and Long-Term Care or such other member of the

Executive Council as may be assigned the administration of this Act under the Executive Council Act ; (“ministre”)

“promote”,

with respect to a product or substance regulated under this Act, means to use

any commercial act or practice or to use any commercial communication, through

any media or other means, that is intended to or is likely to,

(

a) encourage

its purchase or use or the purchase or use of a particular brand, or

(

b) create

an awareness of or an association with it, or with a brand or a manufacturer or

seller; (“promouvoir”)

(3) The

definition of “vapour product” in subsection 1 (1) of the Act is amended by

adding “and includes the package in which the electronic cigarette, e-substance

or component is sold” at the end.

Clause 2 (

b) of the Act is repealed and the following substituted:

(

b) cannabis;

Section 4 of the Act is repealed and the following substituted:

Display,

etc. of tobacco products

(1) No

person shall, in any place where tobacco products or tobacco product

accessories are sold or offered for sale, display or permit the display of any

of the following products in any manner th