British Columbia Order in Council — Order under Cannabis Control and Licensing, ss (O.C. 509/2022)

O.C. 509/2022

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria page 1 of 5 On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Cannabis Licensing Regulation, B.C. Reg. 202/2018, is amended (

a) as set out in the at tached Appendix 1, and (

b) effective November 30, 2022, as set out in the attached Appendix 2. Minister of Public Safety and Solicitor General and Deputy Premier Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Cannabis Control and Licensing Act, S.B.C. 2018, c. 29, ss. 127, 130, 133, 133.1, 138 Other: OIC 528/2018 R10614540 509 October 4, 2022

page 2 of 5 APPENDIX 1 1

Section 5 (1) of the Cannabis Licensing Re gulation, B.C. Reg. 202/2018, is amended (

a) in paragraphs (a) (

i) and (b) (

i) by adding “ , other than cannabis plants that are budding or flowering” after “cannabis”, (

b) in paragraph (

g) by striking out “ can be” and substituting “may be”, (

c) by adding the following paragraph: (g.1) the maximum number of cannabis plan ts that may be sold to a patron in a transaction is 4; , and (

d) by repealing paragraphs (

h) and (

k) and substituting the following: (

h) a patron must not have in th e retail store personal possession of (

i) a cannabis plant that is budding or flowering, or (ii) subject to subsection (3), more than (A) 30 g of dried cannabis or an equivalent amount, and (B) 4 cannabis plants; (

k) a patron must not open in the retail store the original packaging of cannabis unless the patron purchased the cannabis in that retail store in its original packaging that had never been opened; . 2

Section 5 (3) is repealed and the following substituted:

(3) The reference in subsection (1) (h) ( ii) to a patron having personal possession of more than 30 g of dried cannabis or an equivalent amount and 4 cannabis plants does not apply to medical cannabis if (

a) the patron is carrying proof of aut hority to possess medical cannabis within the meaning of

section 1 of the Cannabis Control Regulation, and (

b) the patron does not possess more medical cannabis than the patron is permitted to possess under the Cannabis Act (Canada). 3

Section 24 (3) (

c) is repealed and the following substituted: (

c) when cannabis is disposed of, records setting out (

i) the date, location and method of disposal, and (ii) the type and amount of cannabi s or number of cannabis plants; . 4

Section 38 is repealed. APPENDIX 2 1

Section 1 of the Cannabis Licensing Regu lation, B.C. Reg. 202/2018, is amended by adding the following

definitions: “designated federal licence” means an eligible fede ral licence designated under

section 7.1 (2);

page 3 of 5 “eligible federal licence” means a licence of a subclass established by

section 8 (3) (a), (

b) or (

c) of the Cannabis Regulations (Canada); “federal area” means an area where the holder of a designated federal licence conducts or intends to conduct activiti es authorized by the designated federal licence; “retail store licence” means any of the following classes of licences established by

section 3: (

a) cannabis retail store licence; (

b) producer retail store licence; “retail store licensee” means a person who holds a retail store licence. 2

Section 3 (

a) is repealed and the following substituted: (

a) cannabis retail store licence; (a.1) producer retail store licence; . 3

Section 6 is amended (

a) in subsection (1.1) by adding “ in respect of cannabis retail store licences, ” after “For the purposes of

section 26 (3.1) (

a) and (

b) of the Act, ”, (

b) in subsection (2) by adding “ in respect of a cannabi s retail store licence ” after “Subsections (4) and (5) prescribe criteria”, and (

c) in subsections (4) and (5) by striking out “ retail store licences” wherever it appears and substituting “cannabis retail store licences”. 4

Section 7 is amended (

a) in subsections (1) and (2) by striking out “a retail store licence” and substituting “a cannabis retail store licence”, (

b) in subsection (1) (

a) by striking out “ 7 other licences ” and substituting “ 7 other cannabis retail store licences”, and (

c) in subsection (1) (

b) by striking out “ 8 licences” and substituting “8 cannabis retail store licences”. 5 The following sections are added: Additional mandatory requirements for producer retail store licence 7.1 (1) Subsections (2) to (5) prescribe criteria in respect of a pr oducer retail store licence for the purposes of

section 26 (2) (

f) of the Act.

(2) The applicant must designate in the appl ication the eligible federal licence that is to be associated with the producer retail store licence.

(3) The applicant must be the holde r of the designated federal licence.

page 4 of 5

(4) The designated federal licence must not be associated with any other producer retail store licence.

(5) The location of the establis hment or proposed establishment (

a) must be (

i) adjacent to the federal area, or (ii) otherwise sufficiently proxima te, in the opinion of the general manager, to the federal area, and (

b) must not overlap with the federal area. Prescribed record – application for producer retail store licence 7.2 For the purposes of

section 22 (1) (

c) of the Act, the prescribed record in respect of an application for a producer re tail store licence is a copy of the designated federal licence. Application of

section 7.1 to producer retail store licence 7.3 It is a requirement of a producer retail store licence that, during the term of the licence, the criteria under

section 7.1 in respect of the licence continue to be met. 6 The following sections are added to Division 2 of

Part 2: Exemption from maximum possession limit – applicant for retail store licence 10.03 An applicant for a retail store licence is ex empt from

section 54 of the Act in respect of cannabis purchased by the applicant under

section 4 (b) (ii) of this regulation. Producer retail store licence prescribed for purposes of

section 26 (4) of Act 10.04 The producer retail store licence is a prescr ibed class of licence for the purposes of

section 26 (4) of the Act. Tied house exemption – cannabis grown by producer retail store licensee 10.05

(1) In this section, “arrangement” means an arrangement, or an agreement to enter into an arrangement, with another person.

(2) A person is exempt from

section 50 (1) of the Act in respect of an arrangement to sell, under a producer retail store licence, the cannabis grown by the producer retail store licensee to the exclusion of the cannabis of another federal licence holder. 7

Section 12 is repealed and the following substituted: Marketing licence prescribed for purposes of

section 26 (4) of Act 12 The marketing licence is a prescribed class of licence for the purposes of

section 26 (4) of the Act.

page 5 of 5 8

Section 13 (1) is repealed and the following substituted:

(1) For the purposes of

section 33 (1) of the Act with respect to issuing licences, the following classes of licences are prescribed: (

a) cannabis retail store licence; (

b) producer retail store licence. 9 The following

section is added: Reporting requirement – producer retail store licence 24.1 For the purposes of

section 46 (1) (

e) of the Act, in respect of a producer retail store licence, the prescribed circumstance is that the designated federal licence associated with the producer retail store licence expi res without being renewed or is renewed, amended, suspended, reinstated or revoked.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 509/2022
Type	order_in_council
Volume / chapter	arc oic 0509 2022
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	6fe5f3bf61a8f64feabfcee333e529ac44e23f7b

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