Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc
This Act is current to November 14, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Cannabis Control and Licensing Act

[SBC 2018] CHAPTER 29

Assented to May 31, 2018

Contents
Part 1 — Definitions and Application
1Definitions
2Medical cannabis and industrial hemp
3Prescribed exemptions
Part 2 — Administration
Division 1 — Officials
4General manager
5Delegation by general manager
6Designation of analysts
7Director
8Delegation by director
9Receiving or making payments or gifts
Division 2 — Collection and Disclosure of Information
10 Collection of information
11Confidentiality
12Disclosure of information to protect health or safety
13Information deemed to be supplied in confidence
Part 3General Rules Relating to Cannabis
14Possession
15Sale
16Promoting sales
17Supply
18Production
19Duty to provide information
20Employees and agents
Part 4 — Licences
Division 1 — General
21Power to issue, renew, transfer or amend licences
22Application requirements
23Fit and proper determination powers
24Power to refuse to accept applications
25Requirement to give reasons
26Mandatory requirements
27Discretionary requirements
28Expiry of licence
29Death or bankruptcy of licensee
Division 2 — Terms and Conditions
30Class terms and conditions
31Special terms and conditions
32Content of terms and conditions
Division 3 — Consultation with Local Governments and Indigenous Nations
33Recommendations of local government or Indigenous nation
34Delegation by local government regarding recommendations
35Imposition of fees by local government or Indigenous nation
Division 4Compliance
36Temporary suspension or imposition of terms and conditions
37Cancellation, suspension or order for transfer of licence
38Action against licensee
39Action against former licensee
40Reconsiderations
41Relationship between actions by general manager and offences
42Practice and procedure
43Stay
44Witnesses
Division 5Information and Reports
45Form and manner requirements
46Reporting requirements
47Misleading information or records
Division 6Special Rules
48Prohibited sales methods
49Conduct in establishment or government cannabis store
50Tied houses and inducements
Part 5Special Rules Relating to Cannabis
Division 1Possession Limits
51Application
52Possession in a public place
53Possession of cannabis plants
54Maximum possession limit
Division 2Personal Growing of Cannabis Plants
55Definition
56Personal growing of cannabis plants — non-medical cannabis
57Deemed contravention
58Personal growing of cannabis plants — medical cannabis
59Deemed contravention
Division 3Consumption in Public
60Definitions
61School property
62Health board property
63Outdoor smoking and vaping
64Indoor smoking and vaping
65Consumption in vehicles and boats
66Bus stops and similar places
67Prescribed places
68Vicarious liability
Division 4Minors
69Selling or supplying cannabis or cannabis accessories to minors
70Persons conducting cannabis activities — minors
71Marketing — minors
72Assistance from minors
73General prohibition — cannabis and cannabis accessories
74Cannabis in vehicle operated by minor
75Presenting false identification
76Exception for certain prohibited conduct
Division 5Other Rules
77Possession of illicit cannabis
78Intoxication in public place
79Supplying cannabis to intoxicated person
80Not in force
81Cannabis in vehicle operated by adult
82Transportation by federal producer or common carrier
Part 6Enforcement
Division 1Inspections by General Manager
83Definition of "licensee's premises"
84Inspection
85Cooperation of licensee
86Warrant to require production of records
Division 2Enforcement Powers of Director
87Definition of "premises"
88Application of Division
89Inspection
90Cooperation of occupant
91Warrant to enter residence
92Warrant to require production of records
93Demand for information
94Administrative monetary penalties
95Reconsiderations
96Relationship between monetary penalties and offences
97Practice and procedure
98Witnesses
99Injunction
Division 3General Search and Seizure
100Definition of "premises"
101Seizure of cannabis in plain view
102Search
103Seizure of things not specified
104Detention, access and disposition of things seized by peace officer under search powers
105Disposition of cannabis seized in relation to inspection powers or in plain view
106Duty of peace officer to report seized cannabis to government
107Public notice of seizure
108Liability relating to seizure
Division 4Offences
109Offences
110Penalties
111Offence by officer, director or agent
112Time limit for commencing prosecution
Part 7Miscellaneous Matters
Division 1Training, Cannabis Worker Registration and Public Education
113Training programs and certificates
114Training for licensees
115Training for sales staff and supervisors
116Training for prescribed class of person
117Not in force
118Public education material
Division 2Indigenous Nations
119Agreements
Division 3 — Other Matters
120Debt due to government
121Refunds
122Service and receipt of documents
123Certified copies of documents as evidence
124Proof of compliance by general manager or director
125Certificate of analysis
126Time limit for judicial review
Part 8 — Regulations
127General
128Definitions
129Application of Act to medical cannabis and industrial hemp
130Exemptions
131General manager
132Director
133Licences
134Fees, charges and other amounts
135Worker registration
136Treaty first nations
137Administrative actions, penalties and offences
138Miscellaneous
Part 9 — Transitional Provisions and Related and Consequential Amendments
Division 1 — Transitional Provisions
139Regulations to deal with transitional matters and difficulties
140Retroactivity of regulations
141Repealed
Division 2 — Related and Consequential Amendments
142-162 Related and Consequential Amendments
163Commencement

Part 1 — Definitions and Application

Definitions

1   In this Act:

"adult" means an individual who is 19 years of age or older;

"analyst" means an individual who is designated as an analyst under section 6;

"boat" means a vessel or other craft in, on or by which a person or thing may be transported or drawn on water;

"cannabis" has the same meaning as in the Cannabis Act (Canada), subject to any prescribed modifications;

"cannabis accessory" has the same meaning as in the Cannabis Act (Canada), subject to any prescribed modifications;

"cannabis plant" has the same meaning as in the Cannabis Act (Canada), subject to any prescribed modifications;

"cannabis worker" means an adult who performs a prescribed activity

(a) in an establishment or government cannabis store,

(b) in relation to the management or operation of an establishment or government cannabis store,

(c) in relation to government operations under the Cannabis Distribution Act, or

(d) in relation to a cannabis business in prescribed circumstances;

"compliance history" has the prescribed meaning;

"director" means the director appointed under section 7;

"dried cannabis" means any part of a cannabis plant that has been subjected to a drying process other than the following parts of the plant:

(a) a mature stalk, without any leaf, flower, seed or branch;

(b) the root;

(c) seeds;

"establishment" means

(a) all or part of a building or structure designated in a licence to be the establishment, and

(b) any land adjacent to the building or structure referred to in paragraph (a) designated in a licence to be part of the establishment;

"federal producer" means a person who produces cannabis under a licence under the Cannabis Act (Canada);

"general manager" means the general manager appointed under section 4;

"government cannabis store" means a store established under the Cannabis Distribution Act for the sale of cannabis to consumers;

"grow" means to cultivate, propagate or harvest;

"illicit cannabis" means cannabis that is

(a) sold, produced, distributed or imported by a person in contravention of the Cannabis Act (Canada), or

(b) sold, produced or supplied by a person in contravention of this Act or the regulations;

"Indigenous nation" means any of the following:

(a) a band within the meaning of the Indian Act (Canada);

(b) the Westbank First Nation;

(c) the Sechelt Indian Government District Council established under the Sechelt Indian Band Self-Government Act (Canada);

(d) a treaty first nation;

(e) the Nisga'a Nation;

(f) a prescribed indigenous entity;

"industrial hemp" has the prescribed meaning;

"licence" means a licence issued under this Act;

"licensee" means a person who holds a licence;

"local government" means,

(a) in relation to a regional district, the board of the regional district,

(b) in relation to a municipality, the council of the municipality, and

(c) in relation to a local trust area under the Islands Trust Act, the local trust committee for the local trust area;

"medical cannabis" has the prescribed meaning;

"minor" means an individual who is under 19 years of age;

"operate", in respect of a vehicle or boat, includes to exercise control over the operation of the vehicle or boat;

"peace officer" means

(a) an officer as defined in the Police Act, or

(b) a member of the Royal Canadian Mounted Police who is deemed to be a provincial constable under section 14 (2) (b) of the Police Act;

"place" includes a building or structure;

"possession" has the same meaning as in section 4 (3) of the Criminal Code;

"produce", in respect of cannabis, means to obtain cannabis by any method or process, including by

(a) manufacturing it,

(b) synthesizing it,

(c) altering its chemical or physical properties by any means, or

(d) growing it or any living thing from which it may be extracted or otherwise obtained;

"public place" means

(a) any place to which the public has access as of right or by invitation, express or implied, whether or not a fee is charged for entry, and

(b) any vehicle or boat located in a place referred to in paragraph (a) or in any outdoor place open to public view;

"sell" includes

(a) offer for sale, expose for sale and have in possession for sale,

(b) exchange, and

(c) give for any consideration, including for the purchase or transfer of something;

"supply" means any of the following:

(a) administer, give, transfer, transport, send, deliver, provide, distribute or otherwise make available in any manner, whether directly or indirectly, other than selling;

(b) offer to do any of the things referred to in paragraph (a), other than selling;

(c) have in possession to do any of the things referred to in paragraph (a), other than selling;

"vehicle" means any of the following:

(a) a vehicle, a motor assisted cycle and mobile equipment within the meaning of the Motor Vehicle Act;

(b) an off-road vehicle within the meaning of the Off-Road Vehicle Act;

(c) a road building machine within the meaning of the Commercial Transport Act;

(d) a bicycle or other device designed to be moved by human power in, on or by which a person or thing is or may be transported on a highway;

(e) a device used exclusively on stationary rails or tracks in, on or by which a person or thing is or may be transported;

(f) a prescribed type of device in, on or by which a person or thing is or may be transported.

Medical cannabis and industrial hemp

2   (1) Unless this Act or the regulations provide otherwise, Parts 3 and 4 of this Act do not apply to medical cannabis.

(2) Unless the regulations provide otherwise, this Act does not apply to industrial hemp.

Prescribed exemptions

3   The provisions of this Act are subject to exemptions as prescribed under section 130.

Part 2 — Administration

Division 1 — Officials

General manager

4   (1) The minister must appoint, under the Public Service Act, a general manager.

(2) Without limiting other powers or duties of the general manager under this Act, the general manager is, subject to general policy direction given by the minister, responsible for the general administration of this Act and the regulations.

Delegation by general manager

5   The general manager may delegate, with or without conditions, one or more of the general manager's powers and duties under this Act, except the power under this section to delegate, to

(a) a government employee or other person, or

(b) a class of government employee or other person.

Designation of analysts

6   For the purposes of the administration and enforcement of this Act, the general manager may designate individuals or classes of individuals as analysts.

Director

7   (1) The minister must appoint, under the Public Service Act, a director.

(2) Without limiting other powers or duties of the director under this Act, the director is responsible for the enforcement activities set out in Division 2 of Part 6.

Delegation by director

8   The director may delegate, with or without conditions, one or more of the director's powers and duties under this Act, except the power under this section to delegate, to

(a) a government employee or other person, or

(b) a class of government employee or other person.

Receiving or making payments or gifts

9   (1) The general manager or a government employee whose duties under this Act relate to cannabis must not, directly or indirectly, solicit or receive a commission, profit, remuneration or gift from a licensee or a person who makes an application under this Act.

(2) A licensee or a person who makes an application under this Act must not, directly or indirectly, pay or offer to pay a commission, profit or remuneration, or make or offer to make a gift, to the general manager or a government employee whose duties under this Act relate to cannabis.

Division 2 — Collection and Disclosure of Information

Collection of information

10   (1) The general manager may collect from a person any information necessary for the purposes of exercising the general manager's powers or performing the general manager's duties under this Act or the regulations, despite

(a) any other enactment, other than section 51 of the Evidence Act, or

(b) any claim of confidentiality or privilege, other than a claim based on solicitor-client privilege.

(2) If any of the following entities have custody or control of information that the general manager is entitled to collect under this Act, the entity must, despite any other enactment, disclose that information to the general manager on request:

(a) a public body within the meaning of the Freedom of Information and Protection of Privacy Act;

(b) a police force described in section 1.1 (a), (b) or (c) of the Police Act.

Confidentiality

11   (1) A person who is engaged in the administration or enforcement of this Act or the regulations and who has custody of, access to or control over information or records under this Act must not disclose the information or records except

(a) for the purposes of the administration or enforcement of this Act, the Cannabis Distribution Act, the Liquor Control and Licensing Act or the Liquor Distribution Act or the regulations under those Acts,

(b) in a proceeding before a court or a judicial or quasi-judicial tribunal,

(c) to a law enforcement agency,

(d) as required by an enactment of British Columbia or Canada,

(e) under an agreement referred to in subsection (2) or authorized by a regulation under section 138 (a),

(f) for the purpose of the compilation of statistical information by the government or the government of Canada, or

(g) as authorized by section 12 or the regulations.

(2) The minister may, on behalf of the government, enter into an agreement with another government that

(a) relates to the administration or enforcement of enactments with respect to cannabis, and

(b) provides for the disclosure of information and records to, and the exchange of similar information and records with, that other government.

Disclosure of information to protect health or safety

12   (1) In this section, "personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act.

(2) The general manager may disclose information obtained under this Act, other than personal information, if the general manager considers that the disclosure is necessary to protect public health or public safety.

(3) The general manager may disclose information under subsection (2) without the consent of the person to whom the information relates and without notifying that person.

Information deemed to be supplied in confidence

13   For the purposes of section 21 (1) (b) of the Freedom of Information and Protection of Privacy Act, information in the custody or under the control of the general manager, whether or not supplied to the general manager, that relates to an application under this Act, to a licensee or to a licensee's business operations is deemed to be supplied to the general manager in confidence.

Part 3General Rules Relating to Cannabis

Possession

14   A person must not possess cannabis unless one or more of the following apply:

(a) the person is the government;

(b) the person is authorized to possess the cannabis under an agreement with the government entered into under the Cannabis Distribution Act;

(c) the person holds a licence, permit or authorization under the Cannabis Act (Canada) and the possession is in accordance with the licence, permit or authorization;

(d) the person is a common carrier who is transporting the cannabis and the transportation is authorized under the Cannabis Act (Canada);

(e) the person is a licensee whose licence authorizes the sale of cannabis and the cannabis was registered under the Cannabis Distribution Act and purchased by the licensee

(i) from the government,

(ii) in prescribed circumstances, or

(iii) as authorized by the terms and conditions of the licence;

(f) the person purchased the cannabis from the government or from a licensee at the licensee's establishment;

(g) the person was given the cannabis that was purchased from the government or from a licensee at the licensee's establishment;

(h) the cannabis was lawfully purchased from a location outside British Columbia, the cannabis has been brought into British Columbia and the amount of such cannabis in the person's possession is not more than the amount prescribed for the purposes of this paragraph;

(i) the cannabis is a cannabis plant that is growing or has been grown in accordance with section 56 or was produced from such a plant;

(j) the person or cannabis is prescribed.

Sale

15   A person must not sell cannabis unless one or more of the following apply:

(a) the person is the government;

(b) the person is a federal producer and the federal producer sells the cannabis

(i) to the government,

(ii) to another federal producer, or

(iii) in the prescribed circumstances to a person located outside British Columbia;

(c) the person is a licensee whose licence authorizes the sale, and the cannabis was registered under the Cannabis Distribution Act and purchased by the licensee

(i) from the government,

(ii) in prescribed circumstances, or

(iii) as authorized by the terms and conditions of the licence;

(d) the person or cannabis is prescribed.

Promoting sales

16   (1) A person must not do any of following activities unless the person holds a licence authorizing the activity:

(a) promote cannabis for the purpose of selling it;

(b) solicit, receive or take orders for the sale or purchase of cannabis;

(c) act as an agent for the sale or purchase of cannabis.

(2) Subsection (1) does not apply

(a) to the government or to an employee of the government,

(b) to a federal producer or to an employee of a federal producer when the producer or employee is doing the activities referred to in subsection (1) in relation to sales to the government or to persons outside British Columbia, or

(c) to a licensee or to an employee of the licensee if the licence authorizes the sale of cannabis.

Supply

17   A person must not supply cannabis unless one or more of the following apply:

(a) the person is the government;

(b) the person is a federal producer and the federal producer supplies the cannabis

(i) to the government,

(ii) to another federal producer, or

(iii) in the prescribed circumstances to a person located outside British Columbia;

(c) the person holds an authorization under the Cannabis Act (Canada) and the supply is in accordance with the authorization;

(d) the person is a common carrier who is transporting the cannabis and the transportation is authorized under the Cannabis Act (Canada);

(e) the person is a licensee and the supply is in accordance with the licence;

(f) the person is an adult who is in lawful possession of the cannabis and the adult supplies the cannabis to another adult;

(g) the person or cannabis is prescribed.

Production

18   A person must not produce cannabis unless one or more of the following apply:

(a) the person is authorized to produce cannabis under the Cannabis Act (Canada);

(b) the cannabis is a cannabis plant that is growing or has been grown in accordance with section 56 or was produced from such a plant.

Duty to provide information

19   (1) A person who brings cannabis into British Columbia or who receives cannabis that was sent to them from outside British Columbia must within the prescribed time provide the prescribed information to the prescribed person in a form and manner satisfactory to that prescribed person.

(2) A person who takes or sends cannabis outside British Columbia must within the prescribed time provide the prescribed information to the prescribed person in a form and manner satisfactory to that prescribed person.

(3) A person who provides information under subsection (1) or (2) must provide any additional information required by the prescribed person

(a) in a form and manner satisfactory to that prescribed person, and

(b) within the time specified by that prescribed person.

Employees and agents

20   (1) Unless the regulations provide otherwise, employees of a person who is authorized to do something under this Act may do that thing if they do so

(a) as part of their employment duties and functions, and

(b) in a manner consistent with any condition that applies to the employer doing that thing.

(2) Unless the regulations provide otherwise and subject to subsection (3), individuals who act as agents of a person who is authorized to do something under this Act may do that thing if they do so

(a) as part of their role as agents, and

(b) in a manner consistent with any condition that applies to the principal doing that thing.

(3) Subsection (2) does not apply if the individual is required under section 16 (1) (c) to hold a licence to act as an agent.

Part 4 — Licences

Division 1 — General

Power to issue, renew, transfer or amend licences

21   The general manager may, on application,

(a) issue a licence,

(b) renew a licence, including a licence that has expired, provided that the renewal is within one year after the expiry date of the licence,

(c) transfer a licence from a licensee to a different person, and

(d) amend a licence, including

(i) by amending the terms and conditions of the licence,

(ii) by allowing changes to the structure and layout of the establishment, and

(iii) by moving the location of the establishment.

Application requirements

22   (1) An application under this Part must

(a) be submitted to the general manager,

(b) be submitted in the form and manner that the general manager establishes for that class of application,

(c) include the information and records prescribed in relation to that class of application, and

(d) include other information and records that the general manager considers relevant to the application or that class of application.

(2) A person must not submit to the general manager an application, or information or a record included as part of the application, that

(a) contains false or misleading information, or

(b) fails to disclose a material fact.

Fit and proper determination powers

23   (1) In this section:

"applicant" means a person who applies for a licence or for the renewal, transfer or amendment of a licence;

"associate", in respect of a licensee or an applicant, means a person that, in the general manager's opinion,

(a) may have direct or indirect influence over the licensee or applicant,

(b) may be able to affect, directly or indirectly, the activities carried out under the licence or licence applied for, or

(c) may have a prescribed direct or indirect connection to the licensee or applicant.

(2) In addition to determining whether an applicant is fit and proper for the purposes of section 26 (2) (e), the general manager may at any time determine whether a licensee is fit and proper.

(3) In determining whether a licensee or an applicant is fit and proper, the general manager may take into account

(a) the associates of the licensee or applicant, and

(b) a person having a connection to an associate of the licensee or applicant.

(4) Without limiting another power of the general manager under this Act to make inquiries and conduct investigations, when the general manager is determining if a licensee or an applicant is fit and proper, the general manager may make inquiries and conduct investigations that the general manager considers necessary, including, without limitation, background investigations and prescribed checks, in respect of

(a) the licensee or applicant,

(b) an associate of the licensee or applicant, or

(c) a person having a connection to that associate.

Power to refuse to accept applications

24   The general manager may, in prescribed circumstances, refuse to accept an application to issue, renew, transfer or amend a licence.

Requirement to give reasons

25   The general manager must give to an applicant written reasons for the following decisions:

(a) refusing to accept an application to issue, renew, transfer or amend a licence;

(b) refusing to issue, renew, transfer or amend a licence.

Mandatory requirements

26   (1) The general manager must not issue, renew, transfer or amend a licence if, in the general manager's opinion, it would be contrary to the public interest.

(2) Without limiting subsection (1), the general manager must not issue, renew, transfer or amend a licence if one or more of the following apply:

(a) the applicant is not an individual, partnership, corporation or Indigenous nation;

(b) the applicant is a minor;

(c) subject to the regulations exempting a class of licence from this paragraph, the applicant does not meet the ownership or control requirements set out in subsection (3) for the establishment or proposed establishment;

(d) the establishment or proposed establishment, or equipment or facilities in respect of which the licence is proposed to be issued or has been issued, does not comply with this Act, the regulations or the terms and conditions of the licence;

(e) in the general manager's opinion, the applicant is not fit and proper;

(f) any prescribed criteria are not met.

(3) For the purposes of subsection (2) (c), the applicant must

(a) be the owner of the establishment or proposed establishment, or

(b) have an arrangement that the general manager determines

(i) gives the applicant a degree of control over the establishment or proposed establishment that will allow the applicant to comply with the requirements relating to establishments set out in this Act, the regulations and the terms and conditions of the licence, and

(ii) is of a satisfactory duration.

(4) Without limiting subsection (1), the general manager must not issue, renew, transfer or amend a licence, other than a licence of a prescribed class, to or for

(a) a person who has arranged, or agreed to arrange, with another person to sell the cannabis of a federal producer to the exclusion of the cannabis of another federal producer,

(b) a federal producer or the federal producer's agent, or

(c) a person who is so associated with, connected with or financially interested in a federal producer or federal producer's agent that the person is, in the opinion of the general manager, likely to promote the sale of cannabis of the federal producer.

Discretionary requirements

27   (1) The general manager may refuse to issue, renew, transfer or amend a licence if the applicant contravenes section 22 (2).

(2) The general manager may refuse to renew, transfer or amend a licence in respect of which

(a) a fine, monetary penalty or suspension has been imposed under this Act if, on the date that the renewal, transfer or amendment is to take effect,

(i) in the case of a fine, the fine has become payable under the Offence Act and has not been fully paid,

(ii) in the case of a monetary penalty,

(A) the monetary penalty has become payable,

(B) the period for payment of the monetary penalty has expired, and

(C) the monetary penalty has not been fully paid, or

(iii) in the case of a suspension, the suspension has taken effect and the period of suspension has not ended, or

(b) a prescribed circumstance has occurred in respect of the licence or licensee.

Expiry of licence

28   A licence expires on the date specified on the licence as the expiry date.

Death or bankruptcy of licensee

29   (1) If a licensee dies, the executor or administrator of the estate has the powers and obligations of the licensee.

(2) If an interim receiver, receiver, custodian, trustee, receiver manager or liquidator has been appointed under the Business Corporations Act, the Law and Equity Act, the Personal Property Security Act, the Supreme Court Act, the Bankruptcy and Insolvency Act (Canada) or the Winding-up and Restructuring Act (Canada) for a licensee, the person appointed has the powers and obligations of the licensee.

(3) The general manager may determine whether an executor, an administrator or an appointed person referred to in subsection (2) is fit and proper, and section 23 applies to the determination as though the executor, administrator or appointed person is a licensee.

(4) If the general manager determines that a person who is the subject of a determination under subsection (3) is not fit and proper, the general manager must do one or more of the following:

(a) suspend the licence for the period the general manager considers appropriate;

(b) authorize a transfer of the licence, within the period the general manager specifies;

(c) cancel the licence.

Division 2 — Terms and Conditions

Class terms and conditions

30   (1) In this section, "class terms and conditions" means terms and conditions under section 32 that apply to a class of licence or to a class of establishment.

(2) The general manager may, in the public interest and without prior notice to affected licensees,

(a) impose class terms and conditions, and

(b) suspend, rescind or amend class terms and conditions.

(3) The general manager must publish class terms and conditions and a suspension, rescission or amendment of class terms and conditions in a manner that the general manager believes will bring them to the attention of the affected licensees.

(4) Class terms and conditions and a suspension, rescission or amendment of class terms and conditions

(a) come into force on the date they are published or a later date as specified in the class terms and conditions or the suspension, rescission or amendment, and

(b) apply to existing licences of the relevant class or existing licences having the relevant class of establishment, as the case may be, as well as to licences issued on or after the coming into force date.

Special terms and conditions

31   (1) In this section, "special terms and conditions" means terms and conditions under section 32 that apply to one or more licences but not to a class of licence.

(2) The general manager may, in the public interest and with prior notice to affected licensees,

(a) impose special terms and conditions, and

(b) suspend, rescind or amend special terms and conditions.

(3) Special terms and conditions and a suspension, rescission or amendment of special terms and conditions apply to a licensee on the date the licensee is given notice of them or a later date as specified in the special terms and conditions or suspension, rescission or amendment.

Content of terms and conditions

32   (1) The general manager may impose terms and conditions respecting all matters related to the sale, supply, production, packaging, purchase and consumption of cannabis under a licence and to the operation of an establishment, including, without limitation, respecting one or more of the following:

(a) the days and hours that an establishment is allowed to be open for the sale of cannabis;

(b) reporting and record-keeping requirements of a licensee;

(c) signs used by a licensee in relation to an establishment;

(d) advertising and branding, including the use of words, phrases, designs, domain names or other branding elements or indicia that could indicate that the licensee

(i) is associated with the government or is exercising a function of the government,

(ii) is associated with another business, or

(iii) sells medical cannabis;

(e) posting of signs in an establishment;

(f) reasonable measures to ensure that the operation of an establishment does not disturb persons in the vicinity of the establishment;

(g) the safety of employees of the licensee, government employees, patrons and the public;

(h) the class of cannabis that may be offered for sale;

(i) the pricing of cannabis offered for sale;

(j) the storage, transportation and disposal of cannabis;

(k) cannabis plants;

(l) equipment;

(m) use of an establishment during a period when the sale of cannabis is not allowed;

(n) cannabis accessories;

(o) the physical structure and security measures of the establishment.

(2) Terms and conditions may establish and provide differently for different classes of matters or things, including, without limitation, different classes of cannabis, licences, establishments or licensees.

(3) Terms and conditions are subject to this Act and the regulations.

Division 3 — Consultation with Local Governments and Indigenous Nations

Recommendations of local government or Indigenous nation

33   (1) The general manager must not issue a prescribed class of licence or make a prescribed type of amendment to a prescribed class of licence unless the local government or Indigenous nation for the area in which the establishment is proposed to be located or is located gives the general manager a recommendation that the licence be issued or amended.

(2) After the general manager receives an application to issue or amend a licence referred to in subsection (1), the general manager must give the local government or Indigenous nation for the area in which the establishment is proposed to be located or is located notice of the application.

(3) If a local government or Indigenous nation that receives notice under subsection (2) decides to give comments and recommendations, the local government or Indigenous nation must take into account any prescribed criteria and, in the prescribed circumstances, gather the views of residents of an area determined by the local government or Indigenous nation in respect of the application by one or more of the following methods:

(a) by receiving written comments in response to a public notice of the application;

(b) by conducting a public hearing in respect of the application;

(c) by holding a referendum;

(d) by using another method the local government or Indigenous nation considers appropriate.

(4) The comments and recommendations under subsection (3) must be given in accordance with the regulations.

(5) If the local government or Indigenous nation gives a recommendation that a licence be issued or amended, the general manager must take the recommendation into account in deciding whether or not to issue or amend the licence.

Delegation by local government regarding recommendations

34   (1) Despite section 154 (2) (c) of the Community Charter, a council as defined in that Act may delegate its powers and duties under section 33 of this Act.

(2) If a council makes a delegation under subsection (1), an applicant whose application is the subject of comments and recommendations made by a delegate has the right to have those comments and recommendations reconsidered by the council, and section 156 of the Community Charter applies as if the council had delegated a power to make a decision.

(3) Despite section 229 (2) (e) of the Local Government Act, a board as defined in that Act may delegate its powers and duties under section 33 of this Act.

(4) If a board makes a delegation under subsection (3), an applicant whose application is the subject of comments and recommendations made by a delegate has the right to have those comments and recommendations reconsidered by the board, and section 232 of the Local Government Act applies as if the board had delegated a power to make a decision.

(5) If the Council as defined in the Vancouver Charter delegates its powers and duties under section 33 of this Act to give comments and recommendations,

(a) the Council must, by bylaw, establish procedures for a reconsideration of comments and recommendations made by a delegate, including how a person may apply for a reconsideration,

(b) in undertaking a reconsideration referred to in paragraph (a) of this subsection, the Council has the same authority as that conferred on the delegate, and

(c) the delegate must advise the applicant whose application is the subject of the comments and recommendations made by the delegate of the applicant's right of reconsideration.

Imposition of fees by local government or Indigenous nation

35   (1) A local government that, under section 33, gives comments and recommendations on an application may, by bylaw, impose fees on the applicant in order to recover the costs incurred in assessing the application.

(2) An Indigenous nation that, under section 33, gives comments and recommendations on an application may, by bylaw or law, as the case may be, impose fees on the applicant in order to recover the costs incurred in assessing the application.

(3) Fees imposed under subsection (1) or (2) may be different for

(a) different classes of applications, and

(b) different methods used to conduct the assessment of an application.

Division 4Compliance

Temporary suspension or imposition of terms and conditions

36   (1) The general manager may, without a hearing, suspend a licence or the authority to carry out certain activities under a licence for a period of not more than 24 hours if

(a) the conduct of the licensee's patrons or employees in the establishment is of a violent or disorderly nature, or

(b) the safety of one or more persons in the establishment is threatened.

(2) The general manager may, without a hearing, suspend a licence or the authority to carry out certain activities under a licence or impose terms and conditions on a licence

(a) for a period of not more than 24 hours, if, in the general manager's opinion, it is in the public interest to do so, or

(b) for a period not exceeding 14 days, if the general manager has reasonable grounds to believe that it is in the public interest to do so as a result of extraordinary circumstances associated with the operation of the establishment.

(3) If the general manager takes an action under subsection (1) or (2), the general manager may order the immediate

(a) removal of the licensee's patrons or employees from all or part of the establishment, and

(b) closure of all or part of the establishment for a period of not more than the period of suspension or period during which the terms and conditions are imposed.

(4) If the general manager makes an order under subsection (3), the licensee must take all reasonable steps to ensure that the establishment or part of it, as specified in the order, is immediately vacated and closed.

(5) If, under subsection (2) (b), the general manager suspends a licence or the authority to carry out certain activities under a licence or imposes terms and conditions on a licence, the general manager must give the licensee a written notice that sets out

(a) the details of the suspension or of the imposition of terms and conditions, and

(b) the reasons for the action.

Cancellation, suspension or order for transfer of licence

37   (1) The general manager may, after giving written notice to the licensee, take an action described in subsection (2) against the licensee for one or more of the following reasons:

(a) one or more of the requirements under section 26 or 27 for the issuance of the licence are no longer met;

(b) the licensee is convicted of an offence under the laws of Canada or British Columbia, under the laws or bylaws of an Indigenous nation or under the bylaws of a municipality or regional district, if the offence relates to the establishment or to the operation of the establishment.

(2) The general manager may, under subsection (1), take the following actions in respect of the licensee's licence:

(a) cancel the licence;

(b) suspend the licence or the authority to carry out certain activities under the licence for a period the general manager considers appropriate;

(c) order a transfer of the licence, within the period the general manager specifies, to a person who is at arm's length from the licensee.

(3) If a licensee fails to pay a fee required to maintain the licensee's licence, the general manager may, after giving written notice to the licensee,

(a) suspend the licence or the authority to carry out certain activities under the licence until the fees are paid, or

(b) cancel the licence.

(4) If a licence, permit, registration or certificate that a municipality, regional district, Indigenous nation, province or Canada requires a licensee to hold in order to operate an establishment is not issued or is suspended, is cancelled or expires without being renewed, the general manager may, after giving written notice to the licensee,

(a) suspend the licensee's licence or the authority to carry out certain activities under the licensee's licence until the other licence, permit, registration or certificate is issued, reinstated, reissued or renewed, or

(b) cancel the licensee's licence.

(5) If, in the general manager's opinion, a licence is dormant because a licensee has not, for a prescribed period, operated the establishment that is the subject of the licensee's licence, the general manager must, except in the prescribed circumstances, cancel the licence.

Action against licensee

38   (1) In addition to other powers the general manager has under this Act, the general manager may take one or more of the actions described in subsection (2) against a licensee for one or more of the following reasons:

(a) the licensee's contravention of this Act;

(b) the licensee's contravention of the regulations;

(c) the licensee's failure to comply with a term and condition of the licence.

(2) The general manager may, under subsection (1), take the following actions:

(a) impose terms and conditions on the licensee's licence or rescind or amend existing terms and conditions of the licence;

(b) subject to subsection (5), impose a monetary penalty on the licensee in accordance with the prescribed schedule of monetary penalties;

(c) subject to subsection (5), suspend the licensee's licence in accordance with the prescribed schedule of licence suspensions;

(d) cancel the licensee's licence;

(e) order a transfer of the licensee's licence, within the period the general manager specifies, to a person who is at arm's length from the licensee.

(3) If the prescribed schedule of monetary penalties or licence suspensions is repealed or amended after a person contravenes this Act or the regulations or fails to comply with a term and condition of a licence, the prescribed schedule of monetary penalties or licence suspensions in effect when the contravention or failure occurred continues to apply to the contravention or failure.

(4) The general manager must, in taking action against a licensee under subsection (1), take into account

(a) the licensee's compliance history,

(b) any matters prescribed by regulation, and

(c) other matters that the general manager considers relevant.

(5) The general manager may, if satisfied that it is in the public interest, do the following:

(a) subject to subsection (6), impose a monetary penalty under subsection (2) (b) that is greater than the amount provided for in the prescribed schedule of monetary penalties;

(b) suspend a licensee's licence under subsection (2) (c) for a period longer than that provided for in the prescribed schedule of licence suspensions.

(6) The general manager may not impose a monetary penalty that is greater than the following amounts:

(a) $50 000 for a contravention of section 15 or 18;

(b) $25 000 for another reason referred to in subsection (1) of this section for which the general manager may take action against the licensee.

(7) If the general manager proposes to take action under subsection (2), the general manager must serve on the licensee a written notice that sets out the following:

(a) the provision of this Act or the regulations or the term and condition of the licence that the licensee is alleged to have contravened or failed to comply with;

(b) the action the general manager proposes to take against the licensee;

(c) the licensee's option, in accordance with subsection (8), to waive the opportunity for a hearing and admit to the contravention or failure.

(8) A licensee who receives a written notice under subsection (7) may provide to the general manager a signed waiver in which the licensee expressly and irrevocably

(a) admits to the contravention or failure referred to in the notice,

(b) accepts the action to be taken by the general manager as specified in the waiver, which action may but need not be that proposed in the notice,

(c) waives the opportunity for a hearing, and

(d) agrees that the action to be taken by the general manager and the reasons for that action, set out in an order under subsection (10), will form part of the compliance history of the licensee.

(9) A waiver referred to in subsection (8) must be provided to the general manager

(a) in the form and manner specified by the general manager, and

(b) within such period as the general manager considers appropriate.

(10) If the general manager makes a determination against a licensee, the general manager must, in an order served on the licensee, set out the following:

(a) the action being taken under subsection (2), which action may but need not be that proposed in the notice;

(b) the reasons for the action;

(c) if a monetary penalty is imposed, the amount of the penalty and the date by which the penalty must be paid;

(d) if a licence suspension is imposed, the period of the suspension and the dates on which the suspension begins and ends;

(e) unless the order is based on a signed waiver under subsection (8), the licensee's right to a reconsideration under section 40.

(11) A monetary penalty imposed by an order under subsection (10) must be paid within 30 days after the date on which the licensee receives the order or within a longer period that the general manager specifies in the order.

(12) If a corporation is liable to a monetary penalty imposed under this section in respect of a contravention of this Act or the regulations or a failure to comply with a term and condition, an officer, director or agent of the corporation who authorizes, allows or acquiesces in the contravention or failure is also liable to the penalty.

Action against former licensee

39   Section 38, except subsection (2) (a) and (c) to (e), also applies to a former licensee, in relation to matters that occurred while the person was a licensee, provided that the general manager commences an action within 6 months after the former licensee ceases to be the licensee under the licence in respect of which the action is being taken.

Reconsiderations

40   (1) In this section:

"applicant" means a person who applies under subsection (2) for a reconsideration of a compliance order;

"compliance order" means an order of the general manager under section 38 (10), other than an order based on a signed waiver referred to in section 38 (8);

"grounds for reconsideration" means the grounds referred to in subsection (3);

"reconsideration order" means an order of the general manager under subsection (10).

(2) The following persons who receive a compliance order may apply to the general manager for a reconsideration of the order:

(a) a licensee referred to in section 38;

(b) a former licensee referred to in section 39.

(3) A reconsideration is a review on the record and may be based on only one or more of the following grounds:

(a) subject to subsection (4), new evidence;

(b) any prescribed ground.

(4) The general manager may, in a reconsideration of a compliance order, consider new evidence only if the general manager is satisfied that the new evidence

(a) is substantial and material to the reconsideration, and

(b) did not exist when the compliance order was made or did exist at that time but was not discovered and could not, through the exercise of reasonable diligence, have been discovered.

(5) The general manager must not accept an application for a reconsideration of a compliance order unless the following requirements are met:

(a) the application is submitted in the form and manner satisfactory to the general manager;

(b) the application identifies one or more of the grounds for reconsideration on which the application is based;

(c) the application includes a submission setting out the applicant's argument with respect to the grounds for reconsideration identified under paragraph (b);

(d) subject to subsection (6), the general manager receives the application within 30 days after the date on which the applicant receives the compliance order.

(6) The general manager may extend the deadline in subsection (5) (d) if the general manager is satisfied that

(a) special circumstances existed that prevented the applicant from meeting the deadline, and

(b) an injustice would result if an extension were not granted.

(7) Despite section 38, if the general manager accepts an application for a reconsideration of a compliance order, the actions specified in the order are stayed until the general manager makes a reconsideration order with respect to the compliance order.

(8) The general manager must give written notice to the applicant that the application has been accepted or rejected.

(9) Section 38 (1) to (6) applies to a reconsideration of a compliance order.

(10) The general manager may, in a reconsideration order, confirm, vary or rescind the compliance order that is the subject of the reconsideration, and a reconsideration order that confirms or varies a compliance order replaces the compliance order.

(11) A reconsideration order must

(a) be served on the applicant,

(b) set out the reasons for making the order, and

(c) when the order confirms or varies the actions of the compliance order that was reconsidered, set out the details of the actions under the reconsideration order, including,

(i) if a monetary penalty is imposed, the amount of the penalty and the date by which the penalty must be paid, and

(ii) if a licence suspension is imposed, the period of the suspension and the dates on which the suspension begins and ends.

(12) A monetary penalty confirmed, varied or imposed by a reconsideration order must be paid within 30 days after the date on which the applicant receives the order or within a longer period that the general manager specifies in the order.

(13) If the requirement to pay a monetary penalty under a compliance order is rescinded by a reconsideration order and the monetary penalty under the compliance order has been paid, the penalty must be refunded from the consolidated revenue fund.

(14) If the amount of a monetary penalty imposed under a compliance order is reduced by a reconsideration order and the monetary penalty under the compliance order has been paid, the amount of the reduction must be refunded from the consolidated revenue fund.

Relationship between actions by general manager and offences

41   (1) A licensee or former licensee may be charged with an offence under this Act for a contravention that the general manager has used as the basis for taking action against the licensee or former licensee under section 38 or 40 other than a contravention that the general manager has used as the basis to

(a) impose a monetary penalty on the licensee or former licensee under section 38 (2) (b) or 40, or

(b) suspend the licensee's licence under section 38 (2) (c) or 40.

(2) The general manager may take action under section 38 against a licensee or former licensee based on a contravention in relation to which the licensee or former licensee has been charged with an offence under this Act other than

(a) imposing a monetary penalty on the licensee or former licensee under section 38 (2) (b), or

(b) suspending the licensee's licence under section 38 (2) (c).

(3) A waiver referred to in section 38 (8) that a person signs admitting to a contravention may not be used as evidence against the person in a prosecution based on that contravention.

Practice and procedure

42   The general manager may make rules respecting the practices and procedures to be followed in the conduct of hearings under this Part.

Stay

43   The general manager may, if the general manager considers it appropriate, grant a stay of an order made by the general manager for the period and on the conditions the general manager considers appropriate.

Witnesses

44   (1) For the purposes of a hearing, the general manager may, by summons, require a person

(a) to attend as a witness, at a place and time set out in the summons, and

(b) to bring and produce for the general manager all records or other things in the person's possession that are relevant to the subject matter of the hearing.

(2) A person named in and served with a summons must

(a) attend, in accordance with the summons, before the general manager and give evidence, on oath or affirmation or in another manner the general manager authorizes, that is relevant to the subject matter of the hearing, and

(b) produce all records or other things in accordance with the summons.

(3) When the general manager exercises a power under subsection (1), a person who fails or refuses to comply with subsection (2) is liable, on application to the Supreme Court, to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

Division 5Information and Reports

Form and manner requirements

45   Unless this Act, the regulations or the terms and conditions of a licence provide otherwise, information or a record required to be provided or reported to the general manager must be provided or reported in a form and manner satisfactory to the general manager.

Reporting requirements

46   (1) A licensee must, within the time specified by the general manager, provide the general manager with the following information:

(a) if the licensee is an individual, any change in the individual's contact information;

(b) if the licensee is a partnership, any change in the partners who make up the partnership and any change in the partners' contact information;

(c) if the licensee is a corporation, any change in the directors or officers and any change in their contact information;

(d) a prescribed change respecting the licensee or the licence;

(e) a prescribed circumstance respecting the licensee or the licence.

(2) A licensee must, as required and within the time specified by the general manager, provide the general manager with the following information and records:

(a) information and records specified by the general manager relating to the licensee or the licence;

(b) records required to be maintained under the regulations or the terms and conditions of the licence;

(c) if the licensee is a corporation, the names of and contact information for

(i) shareholders of the corporation as specified by the general manager, and

(ii) if a shareholder specified by the general manager is a corporation, any person who has an ownership interest in that corporation as specified by the general manager.

(3) A former licensee must maintain records required to be maintained under the licence for 6 months after the former licensee's licence expires or is cancelled.

(4) If, within 6 months after a former licensee's licence has expired or been cancelled, the general manager gives the former licensee a notice requiring the former licensee to provide the general manager with information and records specified by the general manager relating to the licence or former licensee, the former licensee must, within the time specified by the general manager, provide the general manager with the information and records.

Misleading information or records

47   (1) A licensee who is required to keep information or a record under this Act must not

(a) make a false or misleading entry in the information or record,

(b) destroy, dispose of, mutilate or hide the information or record, or

(c) fail to disclose a material fact in the information or record.

(2) A licensee must not provide information or a record to the general manager that

(a) contains false or misleading information, or

(b) fails to disclose a material fact.

Division 6Special Rules

Prohibited sales methods

48   A licensee must not sell cannabis or a cannabis accessory

(a) by means of a display that allows for self-service, or

(b) by means of a dispensing device.

Conduct in establishment or government cannabis store

49   (1) In this section:

"lawful excuse" does not include having personal possession of a weapon for self-protection;

"store manager" means the person who manages a government cannabis store;

"weapon" means anything used, designed to be used or intended for use

(a) in causing death or injury to a person, or

(b) for the purpose of threatening or intimidating a person.

(2) A licensee or an employee of a licensee must not

(a) sell cannabis to a person who is intoxicated from alcohol or a drug or shows signs of intoxication from alcohol or a drug,

(b) allow a person who is intoxicated from alcohol or a drug or shows signs of intoxication from alcohol or a drug to enter or remain in an establishment,

(c) allow violent or disorderly conduct in an establishment,

(d) allow unlawful activities or conduct in an establishment, or

(e) allow a person to enter an establishment or to remain in an establishment if the licensee or employee knows that the person has, without lawful excuse, personal possession of a weapon.

(3) A licensee or an employee of a licensee may,

(a) if the licensee or employee believes a person is intoxicated from alcohol or a drug or shows signs of intoxication from alcohol or a drug,

(i) request that the person leave an establishment, or

(ii) forbid the person from entering an establishment, and

(b) if the licensee or employee believes the presence of a person in an establishment is undesirable or that the person has, without lawful excuse, personal possession of a weapon,

(i) request that the person leave the establishment, or

(ii) forbid the person from entering the establishment.

(4) A person must not

(a) without lawful excuse, the proof of which lies on the person, have personal possession of a weapon in an establishment,

(b) remain in an establishment after the person is requested to leave in accordance with subsection (3), or

(c) enter an establishment within 24 hours after the time the person was requested to leave the establishment in accordance with subsection (3).

(5) Subsections (2) to (4) apply in respect of government cannabis stores, and, for those purposes, a reference in those subsections to

(a) a licensee must be read as a reference to a store manager,

(b) an employee of a licensee must be read as a reference to a person who works in a government cannabis store, and

(c) an establishment must be read as a reference to a government cannabis store.

(6) A peace officer may arrest, without a warrant, a person whom the peace officer believes on reasonable grounds is contravening subsection (4).

Tied houses and inducements

50   (1) A person must not arrange, or agree to arrange, with another person to sell the cannabis of a federal producer to the exclusion of the cannabis of another federal producer.

(2) A person must not offer or give, or agree to offer or give, to a licensee or an employee of a licensee money, gifts, a reward or remuneration, directly or indirectly, to promote, induce or further the sale of a particular class or brand of cannabis.

(3) A licensee or an employee of a licensee must not request or accept or agree to accept money, gifts, a reward or remuneration, directly or indirectly, to promote, induce or further the sale of a particular class or brand of cannabis.

Part 5Special Rules Relating to Cannabis

Division 1Possession Limits

Application

51   This Division does not apply to the following:

(a) the government and its employees when acting in the course of their employment and its agents when acting in their role as agents;

(b) analysts when working for the government in their role as analysts;

(c) individuals who are authorized to administer or enforce this Act, the Cannabis Distribution Act, the Cannabis Act (Canada) or other Acts of British Columbia or Canada with respect to cannabis when acting under that authority;

(d) licensees and their employees and agents when acting under the authority of the licence;

(e) persons who hold a licence, permit or authorization under the Cannabis Act (Canada) and their employees and agents when acting under the authority of the licence, permit or authorization;

(f) common carriers who are transporting cannabis as authorized under the Cannabis Act (Canada), their employees when acting in the course of their employment and their agents when acting in their role as agent.

Possession in a public place

52   (1) Subject to subsections (2) and (3), an adult must not possess in a public place an amount of cannabis that is more than

(a) 30 g of dried cannabis, or

(b) an amount of cannabis that is equivalent, as determined in accordance with the regulations, to 30 g of dried cannabis.

(2) Subsection (1) does not apply to an adult if

(a) the cannabis the adult possesses is medical cannabis,

(b) the adult is carrying the prescribed proof of authority to possess medical cannabis under the Cannabis Act (Canada), and

(c) the amount of medical cannabis the adult possesses is not more than the amount permitted under the Cannabis Act (Canada).

(3) Subsection (1) does not apply to cannabis that is a cannabis plant.

Possession of cannabis plants

53   (1) An adult must not possess in a public place more than 4 cannabis plants.

(2) Subsection (1) does not apply to an adult if

(a) the cannabis plants the adult possesses are medical cannabis,

(b) the adult is carrying the prescribed proof of authority to possess medical cannabis under the Cannabis Act (Canada), and

(c) the number of cannabis plants the adult possesses is not more than the number permitted under the Cannabis Act (Canada).

(3) An adult must not possess in a public place a cannabis plant that is budding or flowering.

Maximum possession limit

54   (1) In this section:

"location", in respect of a person, means a place, other than a public place, that the person occupies as a residence or workplace or for any other reason;

"maximum allowable amount of cannabis", in respect of a location, means

(a) the prescribed maximum amount of dried cannabis, or

(b) an amount of cannabis that is equivalent, as determined in accordance with the regulations, to the prescribed maximum amount of dried cannabis.

(2) This section does not apply to cannabis that is a cannabis plant.

(3) A person must not possess at one location an amount of cannabis that is more than the maximum allowable amount of cannabis.

(4) If 2 or more persons occupy the same location and there is an amount of cannabis at the location that is more than the maximum allowable amount of cannabis, each person is deemed to have contravened subsection (3).

(5) The deemed contravention referred to in subsection (4) by a person does not apply if the person took reasonable steps to prevent the contravention.

Division 2Personal Growing of Cannabis Plants

Definition

55   In this Division, "dwelling house", in relation to an adult, means

(a) all or part of a building or structure that the adult keeps or occupies as a permanent or temporary residence and the land under the building or structure, including

(i) land that is contiguous to the building or structure and that the adult may use in conjunction with the building or structure, and

(ii) a building or structure on land referred to in subparagraph (i), or

(b) a unit that is designed to be mobile and to be used on a permanent or temporary basis as a residence and that the adult uses as a permanent or temporary residence, including

(i) land that is contiguous to the unit and that the adult may use in conjunction with the unit, and

(ii) a building or structure on land referred to in subparagraph (i).

Personal growing of cannabis plants — non-medical cannabis

56   An adult must not grow a cannabis plant that is not medical cannabis at a dwelling house unless the following requirements are met:

(a) the adult ordinarily resides at the dwelling house;

(b) no part of the dwelling house

(i) is authorized to operate as a community care facility under a licence issued under the Community Care and Assisted Living Act to provide care programs prescribed by the Child Care Licensing Regulation, B.C. Reg. 332/2007, or

(ii) is used or operated for a prescribed purpose;

(c) no more than 4 cannabis plants are growing at the dwelling house;

(d) the adult is not growing cannabis plants at different dwelling houses at the same time;

(e) if 2 or more adults ordinarily reside at the same dwelling house and none of the adults is authorized under the Cannabis Act (Canada) to grow medical cannabis at the dwelling house, no more than 4 cannabis plants are growing at the dwelling house;

(f) the cannabis plant is not from a seed or plant material that the adult knows is illicit cannabis;

(g) the cannabis plant is not visible from a place described in paragraph (a) of the definition of "public place" by an individual unaided by any device other than a device to correct vision;

(h) any prescribed requirements relating to the adult, cannabis plant or dwelling house.

Deemed contravention

57   (1) If 2 or more adults ordinarily reside at the same dwelling house at which more than 4 cannabis plants are growing and none of the adults is authorized under the Cannabis Act (Canada) to grow medical cannabis at the dwelling house, each adult is deemed to have contravened section 56 [personal growing].

(2) The deemed contravention referred to in subsection (1) by an adult does not apply if the adult took reasonable steps to prevent the contravention.

Personal growing of cannabis plants — medical cannabis

58   An adult must not grow a cannabis plant that is medical cannabis unless the following requirements are met:

(a) the adult is authorized under the Cannabis Act (Canada) to grow the plant and the plant is growing at the site at which the adult is authorized to grow it;

(b) no part of the site

(i) is authorized to operate as a community care facility under a licence issued under the Community Care and Assisted Living Act to provide care programs prescribed by the Child Care Licensing Regulation, B.C. Reg. 332/2007, or

(ii) is used or operated for a prescribed purpose;

(c) no more cannabis plants that are medical cannabis are growing at the site than the number authorized under the Cannabis Act (Canada);

(d) if the site is a dwelling house at which 2 or more adults ordinarily reside, no more cannabis plants are growing at the site than the sum of

(i) the total number of plants authorized under the Cannabis Act (Canada) to be grown at the site for each adult authorized under that Act to grow cannabis plants that are medical cannabis, and

(ii) 4 cannabis plants, if one or more of the adults is not authorized to grow cannabis plants that are medical cannabis;

(e) the cannabis plant is not from a seed or plant material that the adult knows is illicit cannabis;

(f) the cannabis plant is not visible from a place described in paragraph (a) of the definition of "public place" by an individual unaided by any device other than a device to correct vision;

(g) any prescribed requirements relating to the adult, cannabis plant or dwelling house.

Deemed contravention

59   (1) Subsection (2) applies if

(a) 2 or more adults ordinarily reside at the same dwelling house,

(b) at least one of the adults is authorized under the Cannabis Act (Canada) to grow cannabis plants that are medical cannabis, and

(c) the number of cannabis plants growing at the dwelling house is more than the number of cannabis plants permitted under section 58 (d).

(2) In the circumstances described in subsection (1), each adult is deemed to have contravened section 58 [personal growing of medical cannabis].

(3) The deemed contravention referred to in subsection (2) by an adult does not apply if the adult took reasonable steps to prevent the contravention.

Division 3Consumption in Public

Definitions

60   In this Division:

"education authority" means

(a) a board of education or francophone education authority under the School Act, or

(b) an authority under the Independent School Act;

"health board" means

(a) a regional health board designated under the Health Authorities Act, or

(b) the board or other governing body of a prescribed organization having the delivery of health services as one of its purposes;

"health board property" means property that is, in whole or in part, owned or leased by, or operated under the authority of, a health board;

"property" includes

(a) real property and improvements, and

(b) personal property;

"school property" means property that is

(a) in whole or in part, owned or leased by, or operated under the authority of, an education authority, and

(b) used for the purposes of delivering educational programs or other learning programs;

"smoke or vape cannabis" includes the following:

(a) smoke or hold lighted cannabis;

(b) use or hold a device that is vapourizing cannabis for inhalation or release into the air;

"superintendent" means

(a) the superintendent of schools under the School Act, or

(b) a person exercising similar authority in respect of an independent school under the Independent School Act.

School property

61   A person must not consume cannabis

(a) in or on school property, or

(b) within a prescribed distance from school property.

Health board property

62   A person must not smoke or vape cannabis in or on health board property, except in any area designated by the health board as an area in which a person may use tobacco or e-cigarettes within the meaning of the Tobacco and Vapour Products Control Act.

Outdoor smoking and vaping

63   (1) A person must not smoke or vape cannabis in or on any of the following places, if the place is a public place that is outdoors:

(a) a skating rink, sports field, swimming pool, playground or skate park;

(b) a spray pool or wading pool within the meaning of regulations under the Public Health Act or a splash pad;

(c) a deck, seating area, viewing area or other place used in association with a place to which paragraph (a) or (b) applies.

(2) A person must not smoke or vape cannabis within a prescribed distance from the places to which subsection (1) (a) to (c) applies.

(3) A person must not smoke or vape cannabis in a prescribed area of any the following places:

(a) a park within the meaning of the Park Act;

(b) a regional park within the meaning of the Local Government Act;

(c) an outdoor area established by a local government for purposes of community recreation;

(d) a permanent public park over which the Park Board has jurisdiction under section 488 of the Vancouver Charter.

Indoor smoking and vaping

64   (1) A person must not smoke or vape cannabis in any of the following places that are fully or substantially enclosed within the meaning of the regulations:

(a) a place described in paragraph (a) of the definition of "public place";

(b) a workplace, being any place

(i) in which a person performs services in return for compensation, or

(ii) used in conjunction with the performance of services in return for compensation, including restrooms, meeting rooms and structures used for breaks;

(c) a common area within an apartment building, condominium or dormitory.

(2) For the purpose of subsection (1) (b), if a place is used as a workplace and as a residence, the place is a workplace only while the services are being performed.

(3) A person must not smoke or vape cannabis within a prescribed distance from a doorway, window or air intake of a place to which subsection (1) (a) to (c) applies.

Consumption in vehicles and boats

65   (1) A person must not consume cannabis while

(a) operating a vehicle or boat, or

(b) in or on a vehicle or boat being operated by another person.

(2) A person must not operate a vehicle or boat if the person knows that another person is smoking or vaping cannabis in the vehicle or boat.

(3) Subsections (1) and (2) apply regardless of whether the vehicle or boat is in motion.

Bus stops and similar places

66   A person must not smoke or vape cannabis

(a) in or at a bus stop, train station or stop, taxi stand or ferry dock or stop, or similar place marked for passenger loading or unloading, or

(b) within a prescribed distance from a place described in paragraph (a).

Prescribed places

67   A person must not consume cannabis in a prescribed place.

Vicarious liability

68   (1) If a person consumes cannabis in contravention of section 61 (a) [in or on school property], the education authority, superintendent and principal are each deemed to have contravened that section and are each liable for the contravention.

(2) If a person smokes or vapes cannabis in contravention of section 64 (1) (a) or (c) [enclosed public places] or within a prescribed distance from a doorway, window or air intake of a place to which section 64 (1) (a) or (c) applies in contravention of section 64 (3) [doorways and windows], the owner, manager and lessee of the place are each deemed to have contravened section 64 (1) (a) or (c) or (3), as the case may be, and are each liable for the contravention.

(3) If a person smokes or vapes cannabis in contravention of section 64 (1) (b) [enclosed workspaces] or within a prescribed distance from a doorway, window or air intake of a place to which section 64 (1) (b) applies in contravention of section 64 (3) [doorways and windows], the employer is deemed to have contravened section 64 (1) (b) or (3), as the case may be, and is liable for the contravention.

(4) Subsections (1) to (3) apply whether or not the person who consumed or smoked or vaped cannabis is charged with a contravention of the applicable section.

(5) If a person is charged with a contravention of section 61 (a) or 64 (1) or (3) as a result of this section, it is a defence to the charge if the education authority, superintendent, principal, owner, manager, lessee or employer, as the case may be, demonstrates having taken reasonable steps to prevent the contravention.

Division 4Minors

Selling or supplying cannabis or cannabis accessories to minors

69   (1) A person must not sell cannabis or a cannabis accessory to a minor.

(2) A person must not supply cannabis or a cannabis accessory to a minor.

(3) A person must not allow a minor to consume or possess cannabis in or at a place under the person's control.

(4) A licensee, an employee of a licensee or a person who works in a government cannabis store does not contravene subsection (1), (2) or (3) if the licensee, employee or person, in reaching the conclusion that an individual is not a minor,

(a) requires the individual to produce prescribed identification, and

(b) examines the identification and has reason to believe it is authentic.

(5) A person, other than a licensee, employee of a licensee or person who works in a government cannabis store, does not contravene subsection (2) or (3) if the person, in reaching the conclusion that an individual is not a minor, took reasonable steps to ascertain the individual's age.

Persons conducting cannabis activities — minors

70   (1) In this section:

"authorized cannabis activities" means activities authorized by a licence under this Act or a licence under the Cannabis Act (Canada) held by a federal producer;

"authorized person" means

(a) a licensee under this Act, or

(b) a federal producer.

(2) An authorized person or an employee of an authorized person must not allow a minor

(a) to enter or be in the place where the authorized person conducts authorized cannabis activities, or

(b) to work in an office or other place associated with the authorized person's cannabis business.

(3) A person who works in a government cannabis store must not allow a minor to enter or be in the store.

(4) A person does not contravene subsection (2) or (3) if the person, in reaching the conclusion that an individual is not a minor,

(a) requires the individual to produce prescribed identification, and

(b) examines the identification and has reason to believe it is authentic.

(5) A person who produces cannabis but is not an authorized person or an employee of an authorized person must not allow a minor to take part in production activities.

(6) A person does not contravene subsection (5) if the person, in reaching the conclusion that an individual is not a minor, took reasonable steps to ascertain the individual's age.

(7) A minor must not

(a) enter or be in a place where an authorized person conducts authorized cannabis activities,

(b) work in an office or other place associated with an authorized person's cannabis business, or

(c) enter or be in a government cannabis store.

Marketing — minors

71   (1) A person who markets, advertises or promotes cannabis must not allow a minor to take part in those activities.

(2) A minor must not market, advertise or promote cannabis.

(3) A person does not contravene subsection (1) if the person, in reaching the conclusion that an individual is not a minor, took reasonable steps to ascertain the individual's age.

Assistance from minors

72   (1) A person must not ask or allow a minor to purchase or attempt to purchase cannabis for the person.

(2) A person does not contravene subsection (1) if the person, in reaching the conclusion that an individual is not a minor, took reasonable steps to ascertain the individual's age.

(3) This section does not apply to a municipal police board, the provincial police force, the general manager or the director that hires a minor to purchase or attempt to purchase cannabis for the purposes described in section 76 (1) (a).

General prohibition — cannabis and cannabis accessories

73   (1) A minor must not possess, consume, produce, supply, sell, purchase or attempt to purchase cannabis.

(2) A minor must not possess, make, supply, sell, purchase or attempt to purchase a cannabis accessory.

Cannabis in vehicle operated by minor

74   (1) A minor must not operate a vehicle, whether or not the vehicle is in motion, while there is cannabis in the vehicle.

(2) Subsection (1) does not apply if the cannabis

(a) was produced by a federal producer, is still in the packaging from its purchase by a consumer and the packaging has never been opened,

(b) is not readily accessible to the driver and any passengers in the vehicle, or

(c) is no more than 4 cannabis plants that are not budding or flowering.

Presenting false identification

75   A minor must not, for the purposes of obtaining cannabis or a cannabis accessory or of gaining access to a place that a minor is prohibited under this Act from entering, present identification or another record to establish the minor's age or identity if that identification or other record

(a) has been altered to misrepresent the age or identity of the minor,

(b) was issued by the issuing agency to another person, or

(c) is forged or fraudulently made.

Exception for certain prohibited conduct

76   (1) Subject to subsection (2), sections 70 (7), 71 (2), 73 and 75 do not apply to a minor who

(a) is hired by a municipal police board, the provincial police force, the general manager or the director for the purposes of determining if a person is complying with the requirements under this Act respecting minors, and

(b) is accompanied or supervised by a peace officer or the general manager or director while taking part in the determination.

(2) Subsection (1) does not authorize a minor to consume cannabis.

Division 5Other Rules

Possession of illicit cannabis

77   A person must not possess illicit cannabis.

Intoxication in public place

78   (1) A person who is intoxicated from cannabis must not be or remain in a place described in paragraph (a) of the definition of "public place".

(2) A peace officer may arrest, without a warrant, a person whom the peace officer believes on reasonable grounds is contravening subsection (1).

Supplying cannabis to intoxicated person

79   A person must not supply cannabis to a person who is intoxicated from alcohol or a drug or shows signs of intoxication from alcohol or a drug.

Not in force

80   [Not in force.]

Cannabis in vehicle operated by adult

81   (1) An adult must not operate a vehicle, whether or not the vehicle is in motion, while

(a) the adult has personal possession of cannabis, or

(b) there is cannabis in the vehicle.

(2) Subsection (1) does not apply if the cannabis

(a) was produced by a federal producer, is still in the packaging from its purchase by a consumer and the packaging has never been opened,

(b) is not readily accessible to the driver and any passengers in the vehicle, or

(c) is no more than 4 cannabis plants that are not budding or flowering.

(3) Subsection (1) does not apply to an adult described in section 51 (d), (e) or (f).

Transportation by federal producer or common carrier

82   A federal producer or common carrier that transports cannabis must do so in accordance with the following requirements:

(a) the cannabis must be transported in packaging that meets the requirements under the Cannabis Act (Canada);

(b) the cannabis must be inaccessible to the operator of the conveyance transporting the cannabis while the conveyance is in motion.

Part 6Enforcement

Division 1Inspections by General Manager

Definition of "licensee's premises"

83   In this Division, "licensee's premises", in respect of a licensee, means

(a) the establishment designated in the licence,

(b) a place used by the licensee for the purpose of the licensee's cannabis business, and

(c) a conveyance owned or leased by the licensee that is used in the licensee's cannabis business.

Inspection

84   (1) For the purposes of conducting an inspection to determine compliance with this Act and the regulations, the general manager may, subject to subsection (2), enter, at any reasonable time, the licensee's premises to do the following:

(a) inspect records required under this Act or by the terms and conditions of a licence to be kept by the licensee or other records found in the licensee's premises;

(b) remove the records referred to in paragraph (a) for the purposes of inspection or making copies or extracts;

(c) require a licensee to provide information relating to the inspection;

(d) require any person in the licensee's premises, including patrons, to produce identification for the purposes of inspection;

(e) inspect the licensee's premises and the operations carried on there;

(f) open a receptacle or package found in the licensee's premises;

(g) examine any substance or thing found in the licensee's premises, take a sample of any substance for the purposes of testing and analysis and remove any thing for inspection;

(h) inspect or ascertain the chemical or physical properties of a substance found in the licensee's premises;

(i) if the general manager finds cannabis that, in the opinion of the general manager, is possessed in contravention of this Act or the regulations, the general manager may seize and remove the cannabis and the packages containing it;

(j) make a record, including an audio or video record, of the licensee's premises or of any thing or person in the licensee's premises.

(2) The general manager must not, when conducting an inspection under subsection (1), enter a licensee's premises that are occupied as a residence.

(3) When conducting an inspection under subsection (1), the general manager

(a) must carry, and present on request, identification in a form the general manager establishes, and

(b) may request and receive the assistance of a peace officer.

(4) If the general manager removes records, cannabis or other things or takes samples under subsection (1), the general manager must

(a) give a receipt for the records, cannabis or things removed or samples taken, and

(b) return the records or things removed, other than the cannabis or samples, within a reasonable time.

Cooperation of licensee

85   (1) When the general manager conducts an inspection under section 84, a licensee must

(a) allow the general manager to immediately enter the licensee's premises and facilitate the inspection,

(b) promptly produce the records and things the general manager is entitled to inspect or examine under section 84, and

(c) allow the general manager to inspect, examine, take samples and remove the records and things referred to in paragraph (b).

(2) When the general manager conducts an inspection under section 84, a licensee must not

(a) obstruct the general manager or withhold, destroy, conceal or refuse to provide or produce information or a record, cannabis or other thing required by the general manager or is otherwise related to the inspection, or

(b) provide false or misleading information.

(3) A person must not

(a) interfere with the general manager's exercise of any of the powers under section 84, or

(b) prevent or attempt to prevent the general manager from exercising any of the powers under that section.

Warrant to require production of records

86   If a licensee refuses to produce a record that the general manager requires when conducting an inspection under section 84, a justice, on being satisfied that an inspection of the record is necessary to determine compliance with this Act and the regulations, may issue a warrant authorizing a person named in the warrant to enter the licensee's premises in accordance with the warrant and seize the record.

Division 2Enforcement Powers of Director

Definition of "premises"

87   In this Division, "premises" means a place or conveyance.

Application of Division

88   The powers of the director under this Division do not apply

(a) to a licensee,

(b) to the licensee's premises as defined in section 83, or

(c) in respect of section 54 [maximum possession limit] or Division 2 [Personal Growing of Cannabis Plants] of Part 5.

Inspection

89   (1) For the purposes of conducting an inspection to determine compliance with this Act and the regulations, the director may, subject to section 91, at any reasonable time, enter premises where there are reasonable grounds to believe that the sale, supply, production or storage of cannabis has occurred or is occurring to do the following:

(a) inspect records found in the premises and remove them for the purposes of inspection or making copies or extracts;

(b) require any person in the premises to produce identification for the purposes of inspection;

(c) inspect the premises and the operations carried on there;

(d) open a receptacle or package found in the premises;

(e) examine any substance or thing found in the premises, take a sample of any substance for the purposes of testing and analysis and remove any thing for inspection;

(f) inspect or ascertain the chemical or physical properties of a substance found in the premises;

(g) if the director finds cannabis that, in the opinion of the director, is possessed in contravention of this Act or the regulations, the director may seize and remove the cannabis and the packages containing it;

(h) make a record, including an audio or video record, of the premises or of any thing or person in the premises.

(2) When conducting an inspection under subsection (1), the director

(a) must carry, and present on request, identification in a form the director establishes, and

(b) may request and receive the assistance of a peace officer.

(3) If the director removes records, cannabis or other things or takes samples under subsection (1), the director must

(a) give a receipt for the records, cannabis or things removed or samples taken, and

(b) return the records or things removed, other than the cannabis or samples, within a reasonable time.

Cooperation of occupant

90   (1) When the director conducts an inspection under section 89, the occupant of the premises must

(a) subject to section 91, allow the director to immediately enter the premises and facilitate the inspection,

(b) promptly produce the records and things the director is entitled to inspect or examine under section 89, and

(c) allow the director to inspect, examine, take samples and remove the records and things referred to in paragraph (b).

(2) When the director conducts an inspection under section 89, the occupant of the premises must not

(a) obstruct the director or withhold, destroy, conceal or refuse to provide or produce information or a record, cannabis or other thing required by the director or is otherwise related to the inspection, or

(b) provide false or misleading information.

(3) A person must not

(a) interfere with the director's exercise of any of the powers under section 89, or

(b) prevent or attempt to prevent the director from exercising any of the powers under that section.

Warrant to enter residence

91   (1) The director must not, for the purposes of an inspection under section 89, enter premises that are occupied as a residence unless

(a) an occupant of the premises gives consent to enter, or

(b) a warrant under subsection (2) authorizing the entry is issued.

(2) On being satisfied by evidence on oath that there are reasonable grounds to believe that records or other things relevant to the matters referred to in section 89 are in premises where there are reasonable grounds to believe the sale, supply, production or storage of cannabis has occurred or is occurring and that is occupied as a residence, a justice may issue a warrant authorizing a person named in the warrant to enter the residence in accordance with the warrant in order to exercise the powers referred to in section 89.

Warrant to require production of records

92   If a person refuses to produce a record that the director requires when conducting an inspection under section 89, a justice, on being satisfied that an inspection of the record is necessary to determine compliance with this Act and the regulations, may issue a warrant authorizing a person named in the warrant to enter the premises in accordance with the warrant and seize the record.

Demand for information

93   (1) The director may, by demand notice, require the following persons to provide a statement or record specified in subsection (2):

(a) any person who the director believes is selling or producing cannabis in contravention of this Act or the regulations;

(b) any person who the director believes has information about a person or activities referred to in paragraph (a).

(2) A demand notice under subsection (1) may require the following statement and records be provided:

(a) a written statement on matters specified in the demand notice relating to the sale or production of cannabis;

(b) records as specified in the demand notice.

(3) The information and records obtained under the demand notice are to be used for the administration of this Act, including as the basis for imposing a monetary penalty under this Division, but may not be used as evidence in the prosecution of an offence under this Act unless

(a) the prosecution is for an offence under subsection (6), or

(b) the information and records were also obtained other than under the demand notice.

(4) A demand notice under subsection (1)

(a) must specify a reasonable time by which the person must comply with the demand notice, and

(b) may set out the form of the written statement and records to be provided, including that the written statement be made by way of affidavit or statutory declaration.

(5) A demand notice must be delivered to the person named in it by personal service, registered mail, electronic mail or fax.

(6) A person to whom a demand notice is delivered under subsection (5) must provide the required statement and records in the form specified in the notice within the time specified in the notice.

(7) The director may issue a document certifying that a person has failed to comply with subsection (6) and the document is proof of the facts certified in it.

Administrative monetary penalties

94   (1) If the director determines, based on information obtained through an inspection or from any other source, that a person has contravened section 15 [sale of cannabis] or 18 [production of cannabis], the director may impose a monetary penalty on the person.

(2) The monetary penalty is, as determined by the director,

(a) an amount equal to 2 times the retail value of the cannabis that the person, in contravention of this Act, sold, possessed for the purpose of sale or produced, or

(b) if the person signs a waiver under subsection (5) and admits to the contravention, an amount equal to the retail value of the cannabis that the person, in contravention of this Act, sold, possessed for the purpose of sale or produced.

(3) The retail value of the cannabis and the amount of cannabis used to calculate the monetary penalty must be determined in a manner and by a procedure that the director considers adequate and expedient.

(4) If the director proposes to impose a monetary penalty on a person, the director must serve a written notice on the person that sets out the following:

(a) the director's allegation that the person has contravened section 15 or 18, as specified in the notice;

(b) the amount of the monetary penalty referred to in subsection (2) (a) that the director proposes to impose on the person;

(c) the person's option, in accordance with subsection (5), to waive the opportunity for a hearing, admit to the contravention and pay a monetary penalty in an amount referred to in subsection (2) (b) that is specified in the notice.

(5) A person who receives a written notice under subsection (4) may provide the director with a signed waiver in which the person expressly and irrevocably

(a) admits to the contravention referred to in the notice,

(b) accepts the amount of the penalty referred to in subsection (4) (c), and

(c) waives the opportunity for a hearing.

(6) A waiver referred to in subsection (5) must be provided to the director

(a) in the form and manner specified by the director, and

(b) within the period the director considers appropriate.

(7) If the director imposes a monetary penalty on a person, the director must, in an order served on the person, set out the following:

(a) the reasons for imposing the penalty;

(b) the amount of the penalty and the date by which the penalty must be paid;

(c) unless the order is based on a signed waiver under subsection (5), the person's right to a reconsideration under section 95.

(8) A monetary penalty imposed on a person by an order under subsection (7) must be paid within 30 days after the date on which the person receives the order or within a longer period that the director specifies in the order.

(9) If a corporation is liable to a monetary penalty imposed under this section, an officer, director or agent of the corporation who authorizes, allows or acquiesces in the contravention is also liable to the penalty.

Reconsiderations

95   (1) In this section:

"applicant" means a person who applies under subsection (2) for a reconsideration of a compliance order;

"compliance order" means an order of the director under section 94 (7) other than an order based on a signed waiver referred to in section 94 (5);

"grounds for reconsideration" means the grounds referred to in subsection (3);

"reconsideration order" means an order of the director under subsection (10).

(2) A person who is required to pay a monetary penalty under a compliance order may apply to the director for a reconsideration of the order.

(3) A reconsideration is a review on the record and may be based on only one or more of the following grounds:

(a) subject to subsection (4), new evidence;

(b) any prescribed ground.

(4) The director may, in a reconsideration of a compliance order, consider new evidence only if the director is satisfied that the new evidence

(a) is substantial and material to the reconsideration, and

(b) did not exist when the compliance order was made or did exist at that time but was not discovered and could not, through the exercise of reasonable diligence, have been discovered.

(5) The director must not accept an application for a reconsideration of a compliance order unless the following requirements are met:

(a) the application is submitted in the form and manner satisfactory to the director;

(b) the application identifies one or more of the grounds for reconsideration on which the application is based;

(c) the application includes a submission setting out the applicant's argument with respect to the grounds for reconsideration identified under paragraph (b);

(d) subject to subsection (6), the director receives the application within 30 days after the date on which the applicant receives the compliance order.

(6) The director may extend the deadline in subsection (5) (d) if the director is satisfied that

(a) special circumstances existed that prevented the applicant from meeting the deadline, and

(b) an injustice would result if no extension were granted.

(7) The acceptance of an application for a reconsideration of a compliance order does not prevent steps to be taken to collect a monetary penalty.

(8) The director must give written notice to the applicant that the application has been accepted or rejected.

(9) Section 94 (1) to (3) applies to a reconsideration of a compliance order.

(10) The director may, in a reconsideration order, confirm, vary or rescind the compliance order that is the subject of the reconsideration, and a reconsideration order that confirms or varies a compliance order replaces the compliance order.

(11) A reconsideration order must

(a) be served on the applicant,

(b) set out the reasons for making the order, and

(c) when the order confirms or varies the monetary penalty, set out the amount of the penalty and the date by which the penalty must be paid.

(12) A monetary penalty confirmed or varied by a reconsideration order must be paid within 30 days after the date on which the applicant receives the order or within a longer period that the director specifies in the order.

(13) If the requirement to pay a monetary penalty under a compliance order is rescinded by a reconsideration order and the monetary penalty under the compliance order has been paid, the penalty must be refunded from the consolidated revenue fund.

(14) If the amount of a monetary penalty imposed under a compliance order is reduced by a reconsideration order and the monetary penalty under the compliance order has been paid, the amount of the reduction must be refunded from the consolidated revenue fund.

Relationship between monetary penalties and offences

96   (1) A person may be charged with an offence under this Act for a contravention that the director has used as the basis to impose, under section 94 or 95, a monetary penalty on the person.

(2) The director may impose, under section 94 or 95, a monetary penalty on a person based on a contravention in relation to which the person has been charged with an offence under this Act.

(3) A waiver referred to in section 94 (5) that a person signs admitting to a contravention may not be used as evidence against the person in a prosecution based on that contravention.

Practice and procedure

97   The director may make rules respecting the practices and procedures to be followed in the conduct of hearings under this Division.

Witnesses

98   (1) For the purposes of a hearing, the director may, by summons, require a person

(a) to attend as a witness, at a place and time set out in the summons, and

(b) to bring and produce for the director all records or other things in the person's possession that are relevant to the subject matter of the hearing.

(2) A person named in and served with a summons must

(a) attend, in accordance with the summons, before the director and give evidence, on oath or affirmation or in another manner the director authorizes, that is relevant to the subject matter of the hearing, and

(b) produce all records or other things in accordance with the summons.

(3) When the director exercises a power under subsection (1), a person who fails or refuses to comply with subsection (2) is liable, on application to the Supreme Court, to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

Injunction

99   (1) On application by the director, the Supreme Court may grant an injunction

(a) restraining a person from contravening this Act or the regulations if the court is satisfied that there are reasonable grounds to believe that the person has contravened or is likely to contravene this Act or the regulations, or

(b) requiring a person not to hold themselves out as a licensee.

(2) An injunction under subsection (1) regarding a contravention may be granted whether or not this Act provides for a penalty or other remedy for the contravention.

(3) The Supreme Court may, before the disposition of the application under subsection (1), grant an interim injunction.

(4) With respect to considering an interim injunction,

(a) the court must give greater weight, importance and the balance of convenience to the enforcement of this Act than to the continued business operations of the person,

(b) the director must not be required to post a bond or give an undertaking as to damages, and

(c) the director does not have to establish that irreparable harm will be done if the interim injunction is not issued.

Division 3General Search and Seizure

Definition of "premises"

100   In this Division, "premises" means a place or conveyance.

Seizure of cannabis in plain view

101   In addition to the other seizure powers under this Part, if the director or a peace officer finds cannabis in plain view that the director or peace officer believes on reasonable grounds is possessed in contravention of this Act or the regulations, the director or peace officer may immediately seize and remove the cannabis and any packages containing it.

Search

102   (1) A justice may issue a warrant authorizing a peace officer to exercise the powers under subsection (2) if satisfied by information on oath that there are reasonable grounds to believe that there is in premises

(a) any thing on or in respect of which an offence under this Act has been or is suspected to have been committed, or

(b) any thing that there is reasonable grounds to believe may provide evidence of the commission of the offence.

(2) A warrant issued under subsection (1) authorizes the peace officer

(a) to enter the premises,

(b) to search the premises and any receptacle in the premises for the things referred to in subsection (1) (a) and (b) that are specified in the warrant, and

(c) to seize and remove those things.

(3) If the conditions for obtaining a warrant exist and a peace officer believes on reasonable grounds that the delay necessary to obtain the warrant would result in the loss or destruction of evidence, the peace officer may, without a warrant,

(a) enter premises, other than premises occupied as a residence, and search premises and any receptacle in the premises, and

(b) seize and remove any thing that the peace officer believes on reasonable grounds may provide evidence of the commission of an offence under this Act.

(4) A person must not

(a) obstruct or attempt to obstruct, or refuse or fail to immediately admit, a peace officer demanding entry under subsection (3), or

(b) obstruct or attempt to obstruct a search or seizure by a peace officer under subsection (3).

Seizure of things not specified

103   A peace officer who executes a warrant issued under section 102 (1) or conducts a search under section 102 (3) may seize, in addition to the things that may be seized under the warrant or section 102 (3), the following:

(a) any cannabis that the peace officer believes on reasonable grounds to be cannabis possessed in contravention of this Act;

(b) any thing that the peace officer believes on reasonable grounds contains or conceals cannabis;

(c) any thing that the peace officer believes on reasonable grounds will afford evidence in respect of an offence under this Act;

(d) any thing that the peace officer believes on reasonable grounds has been obtained by or used in the commission of an offence under this Act.

Detention, access and disposition of things seized by peace officer under search powers

104   (1) If a peace officer seizes a thing under section 102 or 103, the peace officer must, as soon as practicable but no later than 10 days after the seizure, bring the thing, or a report of the thing, before a justice to be dealt with, and section 24 [detention of things seized] of the Offence Act, with any necessary modifications, applies to the seizure and the thing seized.

(2) Sections 24.1 [access to thing seized] and 24.2 [order for disposition of thing seized] of the Offence Act apply to a thing seized under section 102 or 103.

Disposition of cannabis seized in relation to inspection powers or in plain view

105   (1) This section applies to cannabis and the packages containing it that are seized by

(a) the general manager under section 84,

(b) the director under section 89 or under a warrant under section 91, or

(c) the director or a peace officer under section 101.

(2) Cannabis and the packages containing it referred to in subsection (1) that have been seized may be

(a) retained and dealt with under this section, or

(b) destroyed.

(3) A licensee may, within 30 days after the date the general manager or a peace officer seized the cannabis, apply in writing to the general manager for the return of the cannabis or for compensation because the cannabis seized was not possessed by the licensee in contravention of this Act or the regulations.

(4) A person who is not a licensee may, within 30 days after the date the director or a peace officer seized the cannabis, apply in writing to the director for the return of the cannabis or for compensation because the cannabis seized was not possessed by the person in contravention of this Act or the regulations.

(5) If the general manager receives an application under subsection (3) within 30 days after the date of the seizure and is satisfied that the cannabis seized was not possessed by the licensee in contravention of this Act or the regulations, the general manager must, as soon as practicable after receiving notice of the claim,

(a) in respect of cannabis that is still in the custody of the general manager or peace officer, order that the cannabis be returned to the person,

(b) in respect of cannabis that has been destroyed by a peace officer, require the police force of which the peace officer who seized the cannabis is a member to compensate the person, or

(c) in respect of cannabis that has been destroyed by the general manager, pay compensation to the person out of the consolidated revenue fund.

(6) If the director receives an application under subsection (4) within 30 days after the date of the seizure and is satisfied that the cannabis seized was not possessed by the person in contravention of this Act or the regulations, the director must, as soon as practicable after receiving notice of the claim,

(a) in respect of cannabis that is still in the custody of the director or peace officer, order that the cannabis be returned to the person,

(b) in respect of cannabis that has been destroyed by a peace officer, require the police force of which the peace officer who seized the cannabis is a member to compensate the person, or

(c) in respect of cannabis that has been destroyed by the director, pay compensation to the person out of the consolidated revenue fund.

(7) If cannabis that has been seized is the subject of a prosecution of an offence under this Act, neither the general manager nor the director is required to make a decision on an application under subsection (5) or (6) until the proceedings are complete.

(8) The amount of compensation payable under this section is an amount determined in accordance with the regulations.

Duty of peace officer to report seized cannabis to government

106   Unless the general manager or director specifies otherwise, a peace officer who seizes cannabis under this Act must report the particulars of the seizure, in writing, as soon as practicable but no later than 10 days after the seizure, to

(a) the general manager if the cannabis was seized from a licensee, and

(b) the director if the cannabis was seized from a person who is not a licensee.

Public notice of seizure

107   (1) If a person seizes cannabis under this Act, the person may post a notice informing the public of the seizure.

(2) A person must not remove, alter, destroy or deface a notice referred to in subsection (1) without the permission of the person who made the seizure.

Liability relating to seizure

108   Subject to the right of compensation under section 105, the government, or a person acting under the authority of this Act, is not liable for loss or damage arising directly or indirectly from

(a) the seizure of any thing under this Act,

(b) the deterioration of any thing seized under this Act, or

(c) the destruction under this Act of any thing seized under this Act.

Division 4Offences

Offences

109   (1) A person commits an offence under this Act if the person contravenes any of the following provisions:

(a) section 11 (1), 70 (7) (a) or (c), 71 (2), 73 (1) or (2), 74 (1) or 75 [confidentiality, offences by minors];

(b) section 14, 15, 16, 17, 18 or 80 (2) [general prohibitions and landlord allowing illegal sales];

(c) section 52 (1), 53 (1) or (3), 54 (3), 56, 58, 61, 62, 63 (1), (2) or (3), 64 (1) or (3), 65 (1) or (2), 66, 67, 77, 78 (1) or 81 (1) [possession limits, growing limits, public consumption, illicit cannabis, public intoxication, vehicle operation];

(d) section 9 (1) or (2), 19 (1), (2) or (3), 22 (2), 46 (1), (2), (3) or (4), 47 (1) or (2), 48, 49 (2) or (4), 50 (1), (2) or (3), 69 (1), (2) or (3), 70 (2) (a), (3) or (5), 71 (1), 72 (1), 79, 82, 85 (1), (2) or (3), 90 (1), (2) or (3), 93 (6), 102 (4), 107 (2), 114 (1), 115 (1) or (2), 116 or 117 [miscellaneous offences];

(e) a provision of the regulations, the contravention of which is prescribed to be an offence.

(2) Section 5 of the Offence Act does not apply to this Act or the regulations.

Penalties

110   (1) A person who commits an offence under section 109 (1) (a) is liable to a fine of not more than $2 000.

(2) A person who commits an offence under section 109 (1) (b) is liable,

(a) in the case of a corporation, to a fine of not more than $100 000,

(b) in the case of an individual who is a licensee, to a fine of not more than $100 000 or to imprisonment for not more than 12 months, or to both, and

(c) in the case of an individual who is not a licensee, to a fine of not more than $50 000 or to imprisonment for not more than 12 months, or to both.

(3) A person who commits an offence under section 109 (1) (c) is liable,

(a) for a first offence, to a fine of not more than $5 000 or to imprisonment for not more than 3 months, or to both, and

(b) for a subsequent offence, to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or to both.

(4) A person who commits an offence under section 109 (1) (d) is liable,

(a) in the case of a corporation, to a fine of not more than $50 000,

(b) in the case of an individual who is a licensee, to a fine of not more than $50 000 or to imprisonment for not more than 6 months, or to both, and

(c) in the case of an individual who is not a licensee, to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or to both.

Offence by officer, director or agent

111   If a corporation commits an offence under this Act, an officer, director or agent of the corporation who authorizes, allows or acquiesces in the commission of the offence also commits an offence, whether or not the corporation is prosecuted for the offence.

Time limit for commencing prosecution

112   The time limit to commence a prosecution for an offence under this Act is one year after the date on which the act or omission that is alleged to constitute the offence occurred.

Part 7Miscellaneous Matters

Division 1Training, Cannabis Worker Registration and Public Education

Training programs and certificates

113   (1) The general manager may, for the purposes of this Division, establish training programs for licensees and adults who work in establishments or government cannabis stores and for others.

(2) The training programs may be different for different classes of persons taking the training.

(3) A training program may be provided by the general manager or a person or organization approved by the general manager.

(4) The general manager or other person or organization that provides a training program must provide each person who successfully completes the training program with a certificate that sets out the person's name and the training program.

(5) A certificate expires after the prescribed period and the certificate must show the expiry date.

Training for licensees

114   (1) If a type of training is prescribed for a licensee, the licensee must not operate an establishment unless the licensee holds a training certificate for the prescribed type of training.

(2) If a licensee is not an individual, the requirement in subsection (1) is met if an adult who is satisfactory to the general manager holds a training certificate for the prescribed type of training.

Training for sales staff and supervisors

115   (1) If a type of training is prescribed with respect to selling cannabis, an adult must not be involved in selling cannabis in an establishment or government cannabis store unless the adult holds a training certificate for the prescribed type of training.

(2) If a type of training is prescribed for adults who supervise the sale of cannabis, an adult must not supervise the sale of cannabis in an establishment or in a government cannabis store unless the adult holds a training certificate for the prescribed type of training.

Training for prescribed class of person

116   If a type of training is prescribed for a prescribed class of person, a person in the prescribed class must not perform the activities specified in the regulations unless the person holds a training certificate for the prescribed type of training.

Not in force

117   [Not in force.]

Public education material

118   (1) The general manager may require that educational information or material respecting cannabis, the responsible consumption of cannabis and cannabis-related issues be provided

(a) by licensees to their patrons and employees, and

(b) by government cannabis stores to their patrons and employees.

(2) The general manager may, in making a requirement under subsection (1),

(a) specify the information or material to be provided,

(b) specify the manner in which the information or material must be provided, and

(c) establish classes of licensees and government cannabis stores and specify different information or material and different manners of provision of the information or material for the different classes.

(3) A licensee must comply with a requirement under this section.

Division 2Indigenous Nations

Agreements

119   (1) Subject to subsection (2) and the approval of the Lieutenant Governor in Council, the minister may, on behalf of the government, enter into agreements with an Indigenous nation with respect to cannabis.

(2) If an agreement relates to the sale of cannabis, the minister may only enter into the agreement with the Indigenous nation jointly with

(a) the minister responsible for the administration of the Cannabis Distribution Act, and

(b) the Minister of Finance.

(3) If an agreement authorizes the sale of cannabis, the agreement is subject to the following requirements:

(a) only cannabis that has been produced by a federal producer for commercial purposes may be sold under the agreement;

(b) the agreement must not allow for the sale of cannabis to minors;

(c) the agreement must provide for the keeping of records and government access to those records;

(d) the agreement must require adequate measures to reduce the risk of cannabis being diverted to an illicit market or activity.

(4) An agreement prevails if there is any conflict between

(a) the agreement and this Act, other than subsection (3) of this section, or

(b) the agreement and the Cannabis Distribution Act.

Division 3 — Other Matters

Debt due to government

120   (1) If a person on whom the general manager or director imposes a monetary penalty does not pay the full amount of the monetary penalty within the time for payment under this Act, the general manager or director, as the case may be, may issue a certificate setting out the unpaid amount of the monetary penalty and the name of the person who owes it.

(2) A certificate issued under subsection (1) may be filed with the Supreme Court.

(3) A certificate filed under subsection (2) has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court in favour of the government for the recovery of a debt in the amount specified in the certificate against the person named in the certificate.

(4) If the amount of a monetary penalty is changed, the general manager or director, as the case may be, may issue a new certificate specifying the revised amount to be paid and the name of the person who owes it.

(5) A certificate issued under subsection (4) may be filed with the Supreme Court.

(6) A certificate filed under subsection (5)

(a) revises the certificate filed under subsection (2) that names the same person,

(b) is deemed to be filed at the same time as the certificate it revises, and

(c) has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment of the court in favour of the government for the recovery of a debt in the amount specified in the certificate against the person named in the certificate.

Refunds

121   If the general manager is authorized under the regulations to pay a refund, the refund must be paid out of the consolidated revenue fund.

Service and receipt of documents

122   (1) Documents required or allowed under this Act to be given or served on a person must be given or served in accordance with the regulations.

(2) A document given or served in accordance with subsection (1) is conclusively deemed to be received, in relation to a specified method of service, as provided in the regulations.

Certified copies of documents as evidence

123   (1) If the general manager certifies as a true copy a copy of a licence, an order of the general manager, a copy or extract of a record inspected under section 84 [inspection by general manager] or another document created by or submitted to the general manager, the certified true copy is admissible in evidence to the same extent as, and has the same evidentiary value as, the document of which it is a copy, without proof of the signature of the general manager.

(2) If the director certifies as a true copy an order of the director, a copy or extract of a record inspected under section 89 [inspection by director] or another document created by or submitted to the director, the certified true copy is admissible in evidence to the same extent as, and has the same evidentiary value as, the document of which it is a copy, without proof of the signature of the director.

Proof of compliance by general manager or director

124   In a prosecution or proceeding in respect of any matter arising under this Act, an affidavit of the general manager or director setting out the facts necessary to establish compliance with this Act by the general manager or director is proof of those facts.

Certificate of analysis

125   An analyst may issue a certificate of analysis stating that the analyst has analyzed or examined a substance and stating the results of the analysis or examination and the certificate is proof of the facts set out in it.

Time limit for judicial review

126   An application for judicial review of a decision of the general manager or director must be commenced within 30 days after the date the applicant receives written notice of the decision.

Part 8 — Regulations

General

127   (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) The Lieutenant Governor in Council may make regulations

(a) respecting one or more matters related to which the general manager may impose terms and conditions under this Act, and

(b) respecting a matter for which regulations are contemplated by this Act.

(3) The authority under another provision of this Act to make regulations does not limit subsection (1) or (2).

(4) A regulation under this Act may be different for a different matter or thing or for different classes of matters or things in respect of which the regulation is made, including, without limitation, differences based on cannabis, licences, licensees, persons, entities, establishments, actions, contraventions, services, training programs, circumstances or transactions.

(5) A regulation under this Act may adopt by reference, in whole or in part and with any changes the Lieutenant Governor in Council considers appropriate, the following:

(a) a law of another jurisdiction, including a foreign jurisdiction;

(b) a code, standard or rule enacted as or under a law of another jurisdiction, including a foreign jurisdiction;

(c) a code, standard or rule set by a provincial, national or international body or any other body that may make codes, standards or rules.

Definitions

128   (1) The Lieutenant Governor in Council may make regulations as follows:

(a) modifying the meaning of "cannabis", "cannabis accessory" or "cannabis plant";

(b) defining "compliance history", "industrial hemp" and "medical cannabis";

(c) defining a word or expression used but not defined in this Act.

(2) The definition of "medical cannabis" in the regulations may establish circumstances when cannabis becomes or ceases to be medical cannabis.

Application of Act to medical cannabis and industrial hemp

129   (1) The Lieutenant Governor in Council may make regulations applying all or part of one or more provisions of Parts 3 or 4 to medical cannabis.

(2) The Lieutenant Governor in Council may make regulations applying all or part of one or more provisions of this Act to industrial hemp.

(3) A regulation under subsection (1) or (2) may provide

(a) limits or conditions on the application of the provision, and

(b) circumstances in which the application of the provision applies.

Exemptions

130   (1) The Lieutenant Governor in Council may make regulations exempting the following from all or part of one or more provisions of this Act:

(a) a person or entity;

(b) a class of cannabis;

(c) a form of consumption of cannabis;

(d) a thing;

(e) an action, transaction or circumstance;

(f) a place.

(2) A regulation under subsection (1) may provide

(a) limits or conditions on the exemption, and

(b) circumstances in which the exemption applies.

General manager

131   (1) The Lieutenant Governor in Council may make regulations as follows:

(a) conferring additional powers and duties on the general manager;

(b) without limiting paragraph (a), conferring a discretion on, or delegating a matter to, the general manager;

(c) conferring a discretion on, or delegating a matter to, the administrator under the Cannabis Distribution Act.

(2) Without limiting subsection (1), a regulation under this Act may allow the general manager,

(a) for the purposes of imposing terms and conditions that apply to a licence, or to a class of licence or class of establishment, to restrict, limit, add to, vary or make exceptions to the regulation as the general manager considers appropriate, or

(b) with or without restrictions, to exempt licensees from one or more provisions of the regulations and set out

(i) limits or conditions on the exemption, and

(ii) circumstances in which the exemption applies.

Director

132   The Lieutenant Governor in Council may make regulations

(a) conferring additional powers and duties on the director, and

(b) without limiting paragraph (a), conferring a discretion on, or delegating a matter to, the director.

Licences

133   The Lieutenant Governor in Council may make regulations as follows:

(a) respecting the issue, renewal, transfer, amendment, suspension and cancellation of licences;

(b) respecting the activities that a licence authorizes;

(c) providing for the conversion of

(i) a class of licence to another class of licence, and

(ii) a class of application to another class of application;

(d) establishing requirements respecting establishments, including the location of establishments;

(e) respecting the maximum number of persons allowed in an establishment at one time;

(f) respecting the consumption and possession of cannabis in an establishment;

(g) respecting the use of establishments during a period when the sale of cannabis is not allowed or cannabis is not being sold;

(h) establishing, in addition to requirements under this Act or the terms and conditions of a licence, requirements and rules relating to a licence or licensee that must be met by a licensee.

Fees, charges and other amounts

134   The Lieutenant Governor in Council may make regulations as follows:

(a) respecting fees and charges payable under this Act, including, without limitation, fees payable

(i) by licensees and applicants for licences,

(ii) by applicants who apply under section 40 or 95 for a reconsideration of an order under section 38 or 94,

(iii) for training programs referred to in section 113,

(iv) for the registration of cannabis workers, and

(v) for another service or benefit obtained or required by a person;

(b) allowing all or part of the fees referred to in paragraph (a) (iii) to be collected and, despite section 14 (1) of the Financial Administration Act, retained by a person who provides a training program as remuneration for the provision of the training program;

(c) specifying when a fee or charge payable under this Act must be paid;

(d) respecting the waiver of fees and charges;

(e) respecting the circumstances in which a fee or charge paid under this Act is to be refunded, including the application and information requirements for the refund, and specifying a minimum refund amount;

(f) respecting the method or manner for payment of fees, charges or monetary penalties, including conditions or requirements relating to the payment.

Worker registration

135   The Lieutenant Governor in Council may make regulations respecting the establishment of a cannabis worker registry and the registration of cannabis workers, including, without limitation,

(a) respecting the powers and duties of the general manager in establishing and administering the cannabis worker registry and registering cannabis workers;

(b) respecting the information in the registry to which the public has a right of access;

(c) respecting the requirements to be met before an adult can be registered;

(d) authorizing the general manager to make inquiries and conduct investigations, including background investigations and other checks, in respect of applicants for registration and registered cannabis workers;

(e) respecting the renewal, suspension and revocation of a registration;

(f) respecting the conditions that may be imposed on a registration;

(g) specifying when the registration of a cannabis worker expires;

(h) respecting the display and production of a certificate of registration.

Treaty first nations

136   The Lieutenant Governor in Council may make regulations

(a) authorizing a treaty first nation to make laws in respect of cannabis that apply within the boundaries of its treaty lands, and

(b) respecting the enforcement of those laws.

Administrative actions, penalties and offences

137   The Lieutenant Governor in Council may make regulations as follows:

(a) respecting actions under section 38 or 40, including, without limitation, establishing rules respecting suspensions and monetary penalties;

(b) prescribing a schedule of monetary penalties for the purposes of section 38 (2) (b) or 40;

(c) prescribing a schedule of licence suspensions for the purposes of section 38 (2) (c) or 40;

(d) authorizing the general manager to publish information, respecting a licensee or former licensee, in relation to

(i) inspections and enforcement activity,

(ii) actions taken under section 38 or 40 against the licensee or former licensee by the general manager, including the reasons for the action, and

(iii) convictions of the licensee or former licensee for offences under this Act, including specifying the offence and the penalty imposed;

(e) governing the use and posting of signs to indicate that a licensee is the subject of a suspension or monetary penalty;

(f) setting out additional grounds on which an application under section 40 or 95 may be based;

(g) authorizing the director to publish information in relation to a monetary penalty imposed under section 94 or 95, including the name of the person subject to the penalty and the reasons for imposing the penalty;

(h) governing the use and posting of signs to indicate that a person is the subject of a monetary penalty under section 94 or 95;

(i) prescribing provisions of the regulations the contravention of which is an offence and the maximum penalty for those offences, which must not be more than the maximum penalty set out in section 110 (2).

Miscellaneous

138   The Lieutenant Governor in Council may make regulations as follows:

(a) authorizing the general manager to enter into, with an official of a ministry of the government, an agreement that provides for the disclosure of information and records to, and the exchange of similar information and records with, that other ministry;

(b) for the purposes of sections 52 and 54, deeming specified amounts of classes of cannabis to be equivalent to a specified amount of dried cannabis;

(c) for the purpose of prescribing areas under section 63 (3) [outdoor smoking and vaping],

(i) defining the area by any means, including adopting an area defined in an instrument, and

(ii) setting circumstances under which the prohibition described in that provision does or does not apply to the prescribed area;

(d) extending a prohibition under sections 63 [outdoor smoking and vaping], 64 [indoor smoking and vaping] and 65 [consumption in vehicles and boats] to include other forms of cannabis consumption;

(e) respecting the testing and analysis of cannabis intended for sale;

(f) respecting the labelling, packaging and display of cannabis;

(g) respecting the marketing, advertisement and promotion of

(i) the consumption, sale, availability or supply of cannabis, or

(ii) places to consume cannabis or places to spend time after consuming cannabis;

(h) respecting the sponsorship of a person, entity, event, activity or facility if the sponsorship involves advertising or promoting

(i) cannabis, or

(ii) a licensee or other person who is involved in the sale, supply or production of cannabis;

(i) respecting the use of words, phrases, designs, domain names or other branding elements or indicia in the business's advertising or branding that could indicate that a person who owns or operates a business that involves cannabis, or that the business itself, is associated with the government or is exercising a function of the government;

(j) respecting records to be kept by federal producers and others who are or were authorized under the Cannabis Act (Canada) to sell, distribute or produce cannabis, including the form and manner of keeping the records, the length of time they are to be retained and the provision of those records to the director.

Part 9 — Transitional Provisions and Related and Consequential Amendments

Division 1 — Transitional Provisions

Regulations to deal with transitional matters and difficulties

139   (1) Despite this or any other Act, the Lieutenant Governor in Council may make regulations as follows:

(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in this Act;

(b) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of more effectively bringing this Act into operation;

(c) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any difficulties encountered in bringing this Act into effect, including, without limitation, provisions making an exception to or a modification of a provision in this Act or another enactment or providing for the application of an enactment;

(d) resolving any errors, inconsistencies or ambiguities arising in this Act.

(2) A regulation under subsection (1) may be made retroactive to a specified date that is not earlier than the date this section comes into force and, if made retroactive, is deemed to have come into force on the specified date.

(3) To the extent of any conflict between a regulation under subsection (1) and this Act or another enactment, the regulation prevails.

(4) This section and any regulations made under it are repealed 3 years after the date this section comes into force.

Retroactivity of regulations

140   (1) This section applies to regulations made under the following provisions:

(a) section 128 [definitions];

(b) section 129 [medical cannabis and industrial hemp];

(c) section 130 [exemptions from Act];

(d) section 131 (2) (b) [exemptions for licensees from regulations];

(e) section 134 [fees and charges] in respect of the waiver or refund of fees and charges.

(2) A regulation referred to in subsection (1) may be made retroactive to a specified date that is not earlier than the date this section comes into force and, if made retroactive, is deemed to have come into force on the specified date.

(3) This section is repealed 3 years after the date this section comes into force.

Repealed

141   [Repealed 2018-29-141 (3).]

Division 2 — Related and Consequential Amendments

Related and Consequential Amendments

[Note: See Table of Legislative Changes for the status of sections 142 to 162.]

Section(s)Affected Act
142Business Practices and Consumer Protection Act
143Community Safety Act
144-153Liquor Control and Licensing Act
154-155Manufactured Home Park Tenancy Act
156Pharmacy Operations and Drug Scheduling Act
157-158Police Act
159Provincial Sales Tax Act
160-161Residential Tenancy Act
162Tobacco and Vapour Products Control Act

Commencement

163   The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

ItemColumn 1
Provisions of Act
Column 2
Commencement
1Anything not elsewhere covered by this tableThe date of Royal Assent
2Sections 1 to 153By regulation of the Lieutenant Governor in Council
3Sections 154 and 155The date section 14 comes into force
4Sections 156 to 159By regulation of the Lieutenant Governor in Council
5Sections 160 and 161The date section 14 comes into force
6Section 162By regulation of the Lieutenant Governor in Council