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Volume 64, No. 14

172/2021

The British Columbia Gazette,

Part II

July 13, 2021

B.C. Reg. 172/2021 , deposited June 30, 2021, under the PUBLIC SAFETY AND SOLICITOR GENERAL STATUTES AMENDMENT ACT, 2021 [section 61] and the CANNABIS CONTROL AND LICENSING ACT [sections 127 and 133]. Order in Council 378/2021, approved and ordered June 30, 2021.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that

(

a) sections 1 to 22, 24 to 33, 38 to 51 and 54 to 58 of the Public Safety and Solicitor General Statutes Amendment Act, 2021 , S.B.C. 2021, c. 15, are brought into force,

(

b) the Cannabis Licensing Regulation, B.C. Reg. 202/2018, is amended as set out in the attached Appendix,

(

c) sections 5, 7, 28 (

c) and (d), 34, 35 and 36 of the Cannabis Control Regulation, B.C. Reg. 204/2018, are repealed, and

(

d) the Cannabis Control and Licensing Transitional Regulation, B.C. Reg. 203/2018, is repealed.

— M. FARNWORTH, Minister of Public Safety and Solicitor General ; R. FLEMING, Presiding Member of the Executive Council .

Appendix

1 The Cannabis Licensing Regulation, B.C. Reg. 202/2018, is amended by adding the following

section to

Part 1:

Definition for Act and regulation

2.1 In the Act and this regulation, "group of related persons" means

(

a) a corporation and any affiliate, within the meaning of

section 2 of the Business Corporations Act , of the corporation,

(

b) an individual and any corporation that is controlled, within the meaning of

section 2 of the Business Corporations Act , by the individual,

(

c) a person who is a partner in a general partnership and each of the partners,

(

d) a person who is a general partner in a limited partnership and each of the general partners, or

(

e) a person who is a partner in a limited liability partnership and each of the partners.

Section 6 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) In this section, "significant shareholder" , in respect of a corporation, means a person who holds or beneficially owns, other than by way of security only, 20% or more of any class of shares of the corporation that confer the right to vote for the election of directors. ,

(

b) by adding the following subsection:

(1.1) For the purposes of

section 26 (3.1) (

a) and (

b) of the Act, the prescribed number of licences is 8 licences. ,

(

c) in subsection (2) by striking out " This

section prescribes " and substituting " Subsections (4) and (5) prescribe ", and

(

d) by repealing subsection (3).

Section 7 is repealed and the following substituted:

Application of

section 6 to licence

(1) It is a requirement of a retail store licence that, during the term of the licence, no person or group of related persons

(

a) holds or has control over the licence and more than 7 other licences, and

(

b) has influence over the licensee and other licensees who together hold more than 8 licences.

(2) It is a requirement of a retail store licence that, during the term of the licence, the criteria under

section 6 (4) and (5) in respect of the licence continue to be met.

Section 11.1, Division 5 of

Part 2 and sections 22 (

b) and (

c) and 29 (1) (

c) are repealed.

5 The following

section is added:

Checks for fit and proper determinations

22.1 For the purposes of

section 29.4 (1) of the Act, the following checks are prescribed:

(

a) a criminal record check or fingerprint-based criminal record verification by searching the Canadian Police Information Centre database;

(

b) a police information check;

(

c) a check of intelligence databases maintained by law enforcement agencies;

(

d) a check of records in the justice information system of the Ministry of Attorney General;

(

e) a check of records in the corrections information system of the Ministry of Public Safety and Solicitor General.

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