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This Act is current to August 8, 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
2Not in force
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 3
14-20Not in force
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 4–6
36-50Not in force
Part 5-6
51-112Not in force
Part 7 — Miscellaneous Matters
Division 1–2
113-119Not in force
Division 3 — Other Matters
120-121Not in force
122Service and receipt of documents
123-125Not in force
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
141Application of Bill C-45 definitions
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.

Not in force

2   [Not in force.]

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 3

Not in force

14-20   [Not in force.]

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 4–6

Not in force

36-50   [Not in force.]

Part 5-6

Not in force

51-112   [Not in force.]

Part 7 — Miscellaneous Matters

Division 1–2

Not in force

113-119   [Not in force.]

Division 3 — Other Matters

Not in force

120-121   [Not in force.]

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.

Not in force

123-125   [Not in force.]

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.

Application of Bill C-45 definitions

141   (1) In this section:

"BC definitions" means the definitions of "cannabis", "cannabis accessory" and "cannabis plant" in section 1 of this Act;

"federal definitions" means the definitions of "cannabis", "cannabis accessory" and "cannabis plant" in section 2 (1) of the Cannabis Act (Canada).

(2) If the BC definitions come into force before the federal definitions come into force, the reference to the Cannabis Act (Canada) in the BC definitions is deemed to be a reference to Bill C-45, introduced in the first session of the forty-second Parliament, entitled "An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts", as passed by the House of Commons on November 27, 2017.

(3) This section is repealed on the coming into force of the federal definitions.

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