British Columbia Gazette Part II — B.C. Reg. 173/2019
B.C. Reg. 173/2019
British Columbia — Gazette
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Volume 62, No. 15
173/2019
The British Columbia Gazette,
Part II
July 30, 2019
B.C. Reg. 173/2019 , deposited July 19, 2019, under the CANNABIS CONTROL AND LICENSING ACT [sections 130, 131 and 133]. Order in Council 441/2019, approved and ordered July 19, 2019.
On the recommendation of the undersigned, the Administrator, by and with the advice
and consent of the Executive Council, orders that the Cannabis Licensing Regulation,
B.C. Reg. 202/2018, is amended as set out in the attached Schedule.
— D. EBY, Attorney General ; C. TREVENA, Presiding Member of the Executive Council .
Schedule
1 The Cannabis Licensing Regulation, B.C. Reg. 202/2018, is amended by repealing
section 11 and substituting the following:
Authorized activity
11 A marketing licence authorizes the licensee to promote cannabis for the purpose of
selling it.
all matters related to the promotion of cannabis for the purpose of selling it, including,
without limitation, respecting one or more of the following:
(
a) to whom the promotional activities may be directed;
(
b) the type of cannabis that may be promoted;
(
c) the licensee's clients and the means of proving that a licensee is authorized
to promote cannabis on behalf of a client;
(
d) promoting cannabis for medical purposes;
(
e) promotional events and hospitality;
(
f) means of identifying employees and other representatives of the licensee;
(
g) promotional activities while conducting surveys or market research;
(
h) samples, coupons and other promotional items.
apply to all marketing licences and
section 30 of the Act applies, with the necessary
apply to one or more, but not all, marketing licences and
section 31 of the Act applies,
of matters or things.
2 The following
section is added to Division 3 of
Part 2:
Permitted inducements
12.1
(1) In this section, "promotional event of the marketing licensee" means a promotional event organized or sponsored by the marketing licensee or that
takes place with some other type of involvement of the marketing licensee.
(2) Subject to subsection (4), a marketing licensee or an employee or other representative
of a marketing licensee who offers to make, agrees to offer to make, agrees to make
or makes one or more of the following payments is exempt from
section 50 (2) of the
Act in respect of such offer, agreement or payments:
(
a) payment for travel, meal, accommodation and entertainment expenses of a retail
store licensee who holds one retail store licence, or of an employee of the retail
store licensee, that are incurred when attending a promotional event of the marketing
licensee, if the payments do not exceed $1 500 in a calendar year in respect of the
retail store licensee;
(
b) payment for travel, meal, accommodation and entertainment expenses of a retail
store licensee who holds more than one retail store licence, or of an employee of
the retail store licensee, that are incurred when attending a promotional event of
the marketing licensee, if the payments do not exceed
(i) $1 500 per individual in a calendar year, and
(ii) $4 500 in a calendar year in respect of the retail store licensee.
(3) Subject to subsection (4), a marketing licensee or an employee or other representative
of a marketing licensee who offers, agrees to offer or provide or provides hospitality
to a retail store licensee who holds one or more retail store licences, or to an employee
of the retail store licensee, is exempt from
section 50 (2) of the Act in respect
of such offer, agreement or hospitality, if the expenses incurred in providing the
hospitality do not exceed $1 500 in a calendar year in respect of the retail store
licensee.
(4) It is a condition of the exemption under subsection (2) or (3) that the promotional
event or hospitality, as the case may be, complies with the requirements of the terms
and conditions respecting those activities.
(5) A retail store licensee or an employee of a retail store licensee who requests,
accepts or agrees to accept one or more of the following is exempt from
section 50 (3)
of the Act in respect of such request, acceptance or agreement:
(
a) a payment referred to and within the limits set out in subsection (2) (
a) or (b);
(
b) hospitality referred to and within the limit set out in subsection (3).
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