Cannabis Licence Act, 2018, S.O. 2018, c. 12, Sched. 2

CONTENTS Interpretation and Application 1. Definitions 2. Non-application of Act to Ontario Cannabis Retail Corporation Licences and Authorizations 3. Retail operator licence 4. Retail store authorization 5. Cannabis retail manager licence 6. Conditions of licences, authorizations 7. Additional conditions of retail store authorization 8. Renewals 9. Inquiries 10. Application forms 11. Revocation, suspension 12. Effect of revocation, suspension on related licence, authorization 13. Cancellation on holder’s request 14. Notice of proposal 15. Hearing 16. Notice of change in address for service 17. Transfers Sale of Cannabis and Cannabis Retail Stores 18. Restriction on products, services 19. Purchase of cannabis by holder 20. Distribution 21. Limits on amount of cannabis sold, distributed 22. Only recorded sales permitted 23. No employment of individual under 19 years of age 24. Unsold cannabis 25. Cannabis retail managers 26. Standards and requirements Enforcement 27. Inspectors 28. Inspections 29. Investigators 30. Warrants 31. Seizure of things not specified 32. Searches in exigent circumstances 32.1 Warrantless search of conveyances 33. Application of Public Inquiries Act, 2009 34. Return of items seized by investigator 35. Order of restoration General Prohibitions 36. Inducement 37. Obstruction 38. Whistle-blowing protection Offences and Penalties 39. Offence 40. Penalty Matters Respecting Municipalities 41. Prohibition on stores 42. Restrictions on by-law making authority Matters Respecting Reserves 43. Prohibition on stores 44. Agreement with council of the band Miscellaneous 45. Requests for information from Ontario Cannabis Retail Corporation 46. Employment of 18 year olds by Commission 47. Testimony in civil proceeding 49. Regulations Interpretation and Application Definitions 1 (1) In this Act, “Board” means the board of the Commission; (“conseil”) “cannabis” means cannabis with respect to which the Cannabis Control Act, 2017 applies; (“cannabis”) “cannabis retail store” means a store operated under the authority of a retail store authorization; (“magasin de vente au détail de cannabis”) “Commission” means the Alcohol and Gaming Commission of Ontario continued under the Alcohol and Gaming Commission of Ontario Act, 2019; (“Commission”) “council of the band” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”) “distribute”, “Ontario Cannabis Retail Corporation” and “sell” have the same meaning as in the Cannabis Control Act, 2017; (“distribuer”, “Société ontarienne de vente du cannabis”, “vente”) “Indian” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“Indien”) “Minister” means the Attorney General or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “municipality” means a local municipality; (“municipalité”) “prescribed” means prescribed by the regulations; (“prescrit”) “Registrar” means the Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019; (“registrateur”) “regulations” means the regulations made under this Act; (“règlements”) “reserve” means a reserve as defined in subsection 2 (1) of the Indian Act (Canada) or an Indian settlement located on Crown land, the Indian inhabitants of which are treated by Indigenous and Northern Affairs Canada in the same manner as Indians residing on a reserve; (“réserve”) “Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999. (“Tribunal”) 2018, c. 12, Sched. 2, s. 1 (1); 2019, c. 15, Sched. 1, s. 20 (1, 2); 2021, c. 34, Sched. 2, s. 1. Interpretation, interested in another person (2) For the purposes of this Act, a person is interested in another person if the first person, (a) has, or may have in the opinion of the Registrar based on reasonable grounds, a beneficial interest of any kind, either directly or indirectly, in the other person’s business, including but not limited to a holder, directly or indirectly, of shares or other securities; (b) exercises, or may exercise in the opinion of the Registrar based on reasonable grounds, direct or indirect control over the other person’s business; or (c) has provided, or may have provided in the opinion of the Registrar based on reasonable grounds, direct or indirect financing to the other person’s business. 2018, c. 12, Sched. 2, s. 1 (2). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 1, s. 20 (1, 2) - 29/11/2021 2021, c. 34, Sched. 2, s. 1 - 02/12/2021 Non-application of Act to Ontario Cannabis Retail Corporation 2 This Act does not apply with respect to the Ontario Cannabis Retail Corporation. Licences and Authorizations Retail operator licence 3 (1) Subject to the regulations, a person may apply to the Registrar for a retail operator licence. Restriction, age (2) In order to apply under subsection (1), an individual must be at least 19 years of age or, in the case of an applicant that is a corporation, every director, officer and shareholder of the corporation must be at least 19 years of age. Restriction, prior refusal or revocation (3) Despite subsection (1), a person who has been refused a retail operator licence or the renewal of a retail operator licence, or who was the holder of a retail operator licence that was revoked, may not apply for a retail operator licence until after the second anniversary of the refusal or revocation, unless the Registrar is satisfied that there has been a significant change in circumstances since the refusal or revocation. Eligibility (4) An applicant is not eligible to be issued a retail operator licence in any of the following circumstances: 1. There are reasonable grounds to believe that the applicant will not be financially responsible in the conduct of the applicant’s cannabis retail business, having regard to the financial history of any of the persons referred to in subsection (5). 2. There are reasonable grounds to believe that the applicant will not carry on business in accordance with the law, or with integrity, honesty or in the public interest, having regard to the past or present conduct of any of the persons referred to in subsection (5). 3. A person referred to in subsection (5) has been convicted of or charged with an offence under this Act, the Cannabis Control Act, 2017, the Cannabis Act (Canada) or the regulations made under any of them that is prescribed for the purposes of this paragraph. 4. There are reasonable grounds to believe that the applicant is carrying on activities that are, or would be if the applicant were the holder of a retail operator licence, in contravention of or not in compliance with a provision of this Act, the Cannabis Control Act, 2017, the Cannabis Act (Canada) or the regulations made under any of them that is prescribed for the purposes of this paragraph. 5. The Registrar is not satisfied that the applicant will exercise sufficient control, either directly or indirectly, over the applicant’s cannabis retail business. 6. The applicant or an employee or agent of the applicant makes a false statement or provides false information in the application. 7. Any other circumstance that may be prescribed. Same (5) Paragraphs 1 to 3 of subsection (4) apply with respect to, (a) the applicant; (b) persons interested in the applicant; and (c) if the applicant is a corporation, the directors, officers or shareholders of the applicant and persons interested in those directors, officers or shareholders. Convictions, charges under Controlled Drugs and Substances Act (Canada) (6) Paragraph 2 of subsection (4) does not prevent the issuance of a retail operator licence to an applicant if a person referred to in subsection (5) has been convicted of or charged with a prescribed offence under the Controlled Drugs and Substances Act (Canada) in relation to cannabis. Issuance, refusal of retail operator licence (7) The Registrar shall consider every application for a retail operator licence, and shall, (a) issue the retail operator licence, if the applicant has met the application requirements, is not ineligible to be issued a retail operator licence and has paid the required fee; or (b) issue a proposal to refuse the application. Conditions on consent (8) In issuing a retail operator licence, the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence. Retail store authorization 4 (1) Subject to the regulations, the following persons may apply to the Registrar for a retail store authorization to operate a specified proposed cannabis retail store: 1. A holder of a retail operator licence, subject to any conditions attached to the licence. 2. An applicant for a retail operator licence. Restriction, applicable resolution in effect (2) Despite subsection (1), an application may not be made for a retail store authorization in respect of a proposed cannabis retail store that would be located, (a) in a municipality in which cannabis retail stores may not be located in accordance with section 41; or (b) on a reserve on which cannabis retail stores may not be located in accordance with section 43. Restriction, prior refusal or revocation (3) Despite subsection (1), a person who has been refused a retail store authorization in respect of a proposed cannabis retail store or the renewal of a retail store authorization in respect of a cannabis retail store, or who was the holder of a retail store authorization that was revoked, may not apply for a retail store authorization in respect of the same cannabis retail store or proposed cannabis retail store until after the second anniversary of the refusal or revocation, unless the Registrar is satisfied that there has been a significant change in circumstances since the refusal or revocation. Restriction, producers (4) A person who is the holder of a prescribed licence issued under the Cannabis Act (Canada) to produce cannabis for commercial purposes or, if no licence or licences are prescribed, a person who is the holder of any such licence, is subject to the following restrictions in respect of an application that may be made by the person under subsection (1): 1. Except as otherwise provided by the regulations, the proposed cannabis retail store must be located on or within the site set out in the licence. 2. The person and its affiliates, as defined by the regulations, may not between them hold more than one retail store authorization or such other number of retail store authorizations as may be prescribed. 3. Any other restriction that may be prescribed. 2019, c. 15, Sched. 4, s. 1. One store per authorization (5) A separate application is required in respect of each proposed cannabis retail store, and a retail store authorization that is issued only authorizes the operation of the store specified in the application for the authorization. Eligibility (6) An applicant is not eligible to be issued a retail store authorization in respect of a proposed cannabis retail store in any of the following circumstances: 1. The applicant is not, or would not at the time of the issuance of the authorization be, the holder of a retail operator licence, or is a holder of a retail operator licence that is subject to conditions that prevent the application for or issuance of a retail store authorization in respect of the proposed store. 2. A person referred to in clauses 3 (5) (a) to (c) has been convicted of or charged with an offence under this Act, the Cannabis Control Act, 2017, the Cannabis Act (Canada) or the regulations made under any of them that is prescribed for the purposes of this paragraph. 3. There are reasonable grounds to believe that the applicant is carrying on activities that are, or would be if the applicant were the holder of a retail store authorization, in contravention of or not in compliance with a provision of this Act, the Cannabis Control Act, 2017, the Cannabis Act (Canada) or the regulations made under any of them that is prescribed for the purposes of this paragraph. 4. The applicant employs or intends to employ an individual who is not the holder of a cannabis retail manager licence to perform any of the functions set out in subsection 5 (1). 5. The issuance of the retail store authorization in respect of a proposed store is not in the public interest, having regard to the needs and wishes of the residents of the municipality in which the proposed cannabis retail store would be located. 6. In the case of a proposed cannabis retail store that would be located on a reserve, the council of the band has not approved, by the passage of a resolution applicable to the proposed store, the location of the proposed store on the reserve. 7. The premises, equipment and facilities of the proposed store are not, or would not be if the authorization were issued, in compliance with this Act, the regulations or the standards and requirements established under section 26, or the Registrar is satisfied that the applicant will not exercise sufficient control, either directly or indirectly, over the premises, equipment and facilities. 8. The applicant or an employee or agent of the applicant makes a false statement or provides false information in the application. 9. Any other circumstance that may be prescribed. Public notice (7) For the purposes of paragraph 5 of subsection (6), the Registrar shall give notice of an application for a retail store authorization, (a) by displaying a notice at the location of the proposed cannabis retail store specified in the application; (b) by posting a notice on the Commission’s website; and (c) in any other manner the Registrar considers appropriate. Exception (8) Subsection (7) does not apply if, (a) the applicant is ineligible on any other ground to be issued a retail store authorization; or (b) subsection (12) prevents the issuance of the retail store authorization. Same (9) Notice given under subsection (7) shall include a request for the municipality, its residents and, if the municipality is a lower-tier municipality, the upper-tier municipality of which it forms a part, to make written submissions to the Registrar, which must be made no later than 15 days after the notice is first given, as to whether the issuance of the retail store authorization is in the public interest, having regard to the needs and wishes of the residents. Issuance, refusal of retail store authorization (10) The Registrar shall consider every application for a retail store authorization, and shall, (a) subject to subsection (12), issue the retail store authorization, if the applicant has met the application requirements, is not ineligible to be issued a retail store authorization and has paid the required fee; or (b) refuse the application. Submissions to be considered (11) The Registrar shall consider any written submissions made in accordance with subsection (9) in relation to the application. Circumstances where no issuance (12) The Registrar shall refuse to issue a retail store authorization, (a) if the proposed cannabis retail store would be located less than the distance specified by or determined in accordance with the regulations from, (i) a school as defined in the Education Act, or (ii) any other prescribed land use; or (b) in any other circumstance that may be prescribed. Conditions on consent (13) In issuing a retail store authorization, the Registrar may specify any conditions consented to by the applicant that are to be attached to the authorization. Decision final (14) A decision of the Registrar to issue or to refuse to issue a retail store authorization is final. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 4, s. 1 - 10/12/2019 Cannabis retail manager licence 5 (1) Subject to the regulations, an individual who wishes to perform one or more of the following functions in respect of a cannabis retail store may apply to the Registrar for a cannabis retail manager licence: 1. Supervising or managing employees of a cannabis retail store. 2. Overseeing or co-ordinating the sale or distribution of cannabis. 3. Managing compliance issues in relation to the sale of cannabis. 4. Having signing authority to purchase cannabis, enter into contracts or make offers of employment. 2018, c. 12, Sched. 2, s. 5 (1); 2021, c. 34, Sched. 2, s. 2. Restriction, age (2) An individual must be at least 19 years of age in order to apply under subsection (1). 2018, c. 12, Sched. 2, s. 5 (2). Restriction, prior refusal or revocation (3) Despite subsection (1), an individual who has been refused a cannabis retail manager licence or the renewal of a cannabis retail manager licence, or who was the holder of a cannabis retail manager licence that was revoked, may not apply for a cannabis retail manager licence until after the second anniversary of the refusal or revocation, unless the Registrar is satisfied that there has been a significant change in circumstances since the refusal or revocation. 2018, c. 12, Sched. 2, s. 5 (3). Eligibility (4) An applicant is not eligible to be issued a cannabis retail manager licence in any of the following circumstances: 1. There are reasonable grounds to believe that the applicant will not, in acting as a cannabis retail manager, act in accordance with the law, or with integrity, honesty or in the public interest, having regard to the past or present conduct of the applicant. 2. The applicant has been convicted of or charged with an offence under this Act, the Cannabis Control Act, 2017, the Cannabis Act (Canada) or the regulations made under any of them that is prescribed for the purposes of this paragraph. 3. There are reasonable grounds to believe that the applicant is carrying on activities that are, or would be if the applicant were the holder of a cannabis retail manager licence, in contravention of or not in compliance with a provision of this Act, the Cannabis Control Act, 2017, the Cannabis Act (Canada) or the regulations made under any of them that is prescribed for the purposes of this paragraph. 4. The applicant makes a false statement or provides false information in the application. 5. Any other circumstance that may be prescribed. 2018, c. 12, Sched. 2, s. 5 (4). Convictions, charges under Controlled Drugs and Substances Act (Canada) (5) Paragraph 1 of subsection (4) does not prevent the issuance of a cannabis retail manager licence to an applicant if the applicant has been convicted of or charged with a prescribed offence under the Controlled Drugs and Substances Act (Canada) in relation to cannabis. 2018, c. 12, Sched. 2, s. 5 (5). Issuance, refusal of cannabis retail manager licence (6) The Registrar shall consider every application for a cannabis retail manager licence, and shall, (a) issue the cannabis retail manager licence, if the applicant has met the application requirements, is not ineligible to be issued a cannabis retail manager licence and has paid the required fee; or (b) issue a proposal to refuse the application. 2018, c. 12, Sched. 2, s. 5 (6). Conditions on consent (7) In issuing a cannabis retail manager licence, the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence. 2018, c. 12, Sched. 2, s. 5 (7). Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 2 - 15/03/2022 Conditions of licences, authorizations Retail operator licences 6 (1) A retail operator licence is subject to the following conditions: 1. That the holder must comply with this Act, the Cannabis Control Act, 2017, the Cannabis Act (Canada) and the regulations made under any of them. 2. That if the holder is issued a retail store authorization, the holder must comply with the conditions of that retail store authorization. 3. Any condition specified by the Registrar under this Act that attaches to the licence. 4. Any condition imposed by the Tribunal. 5. Any condition that may be prescribed. Retail store authorizations (2) A retail store authorization is subject to the following conditions: 1. That the holder must comply with this Act, the Cannabis Control Act, 2017, the Cannabis Act (Canada) and the regulations made under any of them. 2. Any condition specified by the Registrar under this Act that attaches to the authorization. 3. Any condition imposed by the Tribunal. 4. The conditions set out in section 7. 5. Any condition that may be prescribed. Cannabis retail manager licences (3) A cannabis retail manager licence is subject to the following conditions: 1. That the holder must comply with this Act, the Cannabis Control Act, 2017, the Cannabis Act (Canada) and the regulations made under any of them. 2. Any condition specified by the Registrar under this Act that attaches to the licence. 3. Any condition imposed by the Tribunal. 4. Any condition that may be prescribed. Duty to comply (4) A holder of a retail operator licence, cannabis retail manager licence or retail store authorization shall comply with any conditions to which the licence or authorization is subject. Risk-based conditions (5) The Board may specify conditions that may be imposed on a licence or authorization issued under this Act if the holder meets criteria established by the Board for the purpose on the basis of factors related to risks to the public interest or the risk of non-compliance with this Act, the Cannabis Control Act, 2017, the Cannabis Act (Canada) or regulations made under any of them. Same, designations (6) The Registrar may at any time, based on the Registrar’s assessment of the risks referred to in subsection (5), designate a holder of a licence or authorization issued under this Act in accordance with the criteria established by the Board, and may impose on the licence or authorization one or more of the conditions specified by the Board in relation to those criteria. Same, re-designations (7) If the Registrar is satisfied that there is a change in circumstances affecting the designation of a holder of a licence or authorization issued under this Act, the Registrar may re-designate the holder in accordance with the criteria established by the Board and may add, remove or otherwise change the conditions imposed on the licence or authorization accordingly. Conditions specified by Registrar (8) The Registrar may at any time review a retail operator licence, cannabis retail manager licence or retail store authorization and may, (a) attach to the licence or authorization any further conditions consented to by the holder; or (b) issue a proposal to attach to the licence or authorization any further conditions that the Registrar considers appropriate to give effect to the purposes of this Act. Removal of certain conditions by Registrar (9) The Registrar may, on application by the holder, remove a condition attached by the Registrar on the consent of the applicant or holder if, as a result of a change in circumstances, the Registrar is satisfied that the condition is no longer appropriate. Removal of certain conditions by Tribunal (10) The Tribunal may, on application by the holder, remove a condition of a retail operator licence, cannabis retail manager licence or retail store authorization imposed by it if, as a result of a change in circumstances, the Tribunal is satisfied that the condition is no longer appropriate. Additional conditions of retail store authorization Ongoing sale 7 (1) The holder of a retail store authorization must ensure that cannabis begins to be sold at the cannabis retail store by the first anniversary of the day the authorization is issued, and that cannabis continues to be sold at the store after that date. 2018, c. 12, Sched. 2, s. 7 (1). Use of seal (2) Cannabis may not be sold by the holder of a retail store authorization unless the holder displays, in the prescribed manner, the prescribed cannabis retail seal. 2018, c. 12, Sched. 2, s. 7 (2). Minimum pricing (3) If the regulations so provide, the holder of a retail store authorization shall not sell cannabis or a prescribed class of cannabis at a price that is lower than the prescribed price for the cannabis or class of cannabis. 2018, c. 12, Sched. 2, s. 7 (3). Restrictions on corporate operations, s. 69 of Cannabis Act (Canada) (4) The holder of a retail store authorization, (a) shall not sell or distribute cannabis unless the cannabis has been produced by a person or entity that is authorized under the Cannabis Act (Canada) to produce cannabis for commercial purposes; (b) shall not sell or distribute cannabis to an individual under 19 years of age and, for the purpose, subsections 7 (2) and (3) of the Cannabis Control Act, 2017 and the regulations made for the purposes of those subsections apply with necessary modifications; (c) shall keep appropriate records, in accordance with the regulations and any applicable standards and requirements established under section 26 of this Act, respecting its activities in relation to cannabis that it possesses; (d) shall take adequate measures, in accordance with the regulations and any applicable standards and requirements established under section 26, to reduce the risk of cannabis it possesses being diverted to an illicit market or activity. 2018, c. 12, Sched. 2, s. 7 (4); 2021, c. 34, Sched. 2, s. 3. Intoxicated persons (5) The holder of a retail store authorization shall not sell or distribute cannabis to a person who is or appears to be intoxicated. 2018, c. 12, Sched. 2, s. 7 (5). Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 3 - 15/03/2022 Renewals 8 (1) The holder of a licence or authorization issued under this Act may apply to the Registrar for the renewal of the licence or authorization. Timing (2) An application for the renewal of a licence or authorization must be made before the licence or authorization expires or such other time as may be specified by the Registrar. Renewal, refusal (3) The Registrar shall, (a) subject to clause (b), grant the renewal, if the holder has met the application requirements and paid the required fee; or (b) issue a proposal to refuse to renew the licence or authorization, (i) if the holder has contravened or failed to comply with this Act or the regulations, or (ii) on the basis of a ground under subsection 3 (4) in the case of a retail operator licence, subsection 4 (6), other than paragraphs 5 and 6, in the case of a retail store authorization or subsection 5 (4) in the case of a cannabis retail manager licence, that would disentitle the holder to be issued the licence or authorization if the holder were an applicant. Continuance pending decision (4) If the holder of a licence or authorization issued under this Act has met the renewal application requirements and paid the required fee, the licence or authorization is deemed to continue, (a) until the renewal is granted; or (b) if the Registrar issues a notice of a proposal to refuse to renew the licence or authorization, until the time for giving notice requesting a hearing has expired under subsection 14 (2) and, if a hearing is requested, until the order has become final. Inquiries 9 (1) The Registrar may make such inquiries and conduct such investigations into the character, financial history and competence of any of the following persons as are necessary to determine, for the purposes of an application for a licence or authorization under this Act or for the renewal of a licence or authorization, whether the applicant or holder meets the requirements for a licence, authorization or renewal, as the case may be: 1. The applicant or holder. 2. Persons interested in the applicant or holder. 3. In the case of an application for the renewal or issuance of a retail store authorization, persons interested in the cannabis retail store or proposed cannabis retail store with respect to which the authorization is or would be issued. 4. If the applicant or holder is a corporation, a director, officer or shareholder of a person referred to in paragraph 1, 2 or 3. 5. Any individual employed in a cannabis retail store. Interpretation, interested in store (2) For the purposes of paragraph 3 of subsection (1), persons interested in a cannabis retail store or proposed cannabis retail store include a landlord or owner of the premises, a mortgagee or any person with an interest in the assets of the applicant or holder’s cannabis retail business or in the store property, fixtures or inventories. Costs (3) The applicant or holder shall pay the reasonable costs of the inquiries or investigations or provide security to the Registrar in a form acceptable to the Registrar for the payment. Collection of information (4) The Registrar may require information, including personal information, or material from any person who is the subject of the inquiries or investigations and may request information, including personal information, or material from any person or entity who the Registrar has reason to believe can provide information or material relevant to the inquiries or investigations. Verification of information (5) The Registrar may require that any information provided under subsection (4) be verified by statutory declaration. Disclosure (6) An institution subject to the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act is authorized to disclose to the Registrar the information, including personal information, or material that the Registrar requests from the institution under subsection (4), and such disclosure is deemed to comply with those Acts. Application forms 10 An application for a licence or authorization under this Act, or for the renewal of a licence or authorization, shall be in the form approved by the Registrar. Revocation, suspension Proposal to revoke or suspend 11 (1) The Registrar may issue a proposal to revoke or to suspend a licence or authorization issued under this Act, (a) if the Registrar believes on reasonable grounds that the holder has contravened or failed to comply with this Act or the regulations; or (b) on the basis of a ground under subsection 3 (4) in the case of a retail operator licence, subsection 4 (6), other than paragraphs 5 and 6, in the case of a retail store authorization or subsection 5 (4) in the case of a cannabis retail manager licence, that would disentitle the holder to be issued the licence or authorization if the holder were an applicant. Suspension without proposal (2) The Registrar may suspend a licence or authorization issued under this Act without issuing a proposal if the Registrar considers it to be necessary in the public interest. Revocation without proposal (3) Despite subsections (1) and (2), the Registrar shall revoke a licence or authorization issued under this Act without issuing a proposal if the holder or any other prescribed person is convicted for contravening, (a) section 6, 7 or 13 of the Cannabis Control Act, 2017; (b) section 10 of the Cannabis Act (Canada); or (c) any other prescribed provision of the Cannabis Control Act, 2017, the Cannabis Act (Canada) or the regulations made under either of them. Notice and immediate effect (4) The Registrar shall serve notice of a suspension under subsection (2) or of a revocation under subsection (3) on the holder together with written reasons, and the suspension or revocation takes effect immediately on the holder being served. Notice requesting hearing (5) The holder may request a hearing by the Tribunal of a suspension under subsection (2) or a revocation under subsection (3) if, no later than 15 days after being served with notice of the suspension or revocation, the holder mails or delivers to the Tribunal and to the Registrar a written notice requesting the hearing. Same (6) A notice served under subsection (4) shall inform the holder of the entitlement to a hearing under subsection (5), and of the requirements of that subsection. Effect of revocation, suspension on related licence, authorization Effect of revocation, non-renewal of retail operator licence 12 (1) If a holder’s retail operator licence is revoked or fails to be renewed, any retail store authorizations held by the holder are revoked from the time of the licence revocation or non-renewal. Effect of suspension of retail operator licence (2) If a holder’s retail operator licence is suspended, any retail store authorizations held by the holder are suspended from the time of the licence suspension and for its duration. Effect of revocation, non-renewal of retail store authorization (3) If a retail store authorization is revoked or fails to be renewed and the Registrar considers it appropriate in the circumstances to do so, the Registrar may, without issuing a proposal, revoke or suspend, (a) any other retail store authorization held by the same holder; (b) the holder’s retail operator licence; or (c) both. Effect of suspension of retail store authorization (4) If a retail store authorization is suspended and the Registrar considers it appropriate in the circumstances to do so, the Registrar may, without issuing a proposal, suspend, (a) any other retail store authorization held by the same holder; (b) the holder’s retail operator licence; or (c) both. Notice (5) The Registrar shall give notice of a revocation or suspension under this section to the holder. Application (6) This section applies despite section 11, other than subsection 11 (3). Cancellation on holder’s request 13 (1) Subject to subsection (2), the Registrar may cancel a licence or authorization issued under this Act on the holder’s request if the holder, (a) makes the request to the Registrar in writing; and (b) surrenders the licence or authorization to the Registrar. Holder of retail operator licence and authorization (2) If a holder of a retail operator licence who is also the holder of one or more retail store authorizations wishes to have the licence cancelled, (a) the holder shall surrender each authorization to the Registrar together with the licence; and (b) each authorization is cancelled together with the licence. Notice of proposal 14 (1) If the Registrar issues a proposal under this Act, the Registrar shall serve notice of the proposal together with written reasons on the applicant or holder. Notice requesting hearing (2) The applicant or holder may request a hearing by the Tribunal of the matter being proposed if, no later than 15 days after being served with notice of the proposal, the applicant or holder mails or delivers to the Tribunal and to the Registrar a written notice requesting the hearing. Same (3) A notice of a proposal shall inform the applicant or holder of the entitlement to a hearing under subsection (2), and of the requirements of that subsection. No hearing (4) If the person on whom notice of a proposal is served does not request a hearing by the Tribunal, the Registrar may carry out the proposal stated in the notice. Hearing 15 (1) If a person requests a hearing in accordance with section 11 or 14, the Tribunal shall schedule and hold the hearing. Order (2) After holding a hearing, the Tribunal may by order, (a) confirm or set aside the proposal or decision of the Registrar; and (b) direct the Registrar to take any action specified by the Tribunal that it considers appropriate to give effect to the purposes of this Act. Discretion of Tribunal (3) In setting aside a proposal or decision under clause (2) (a), the Tribunal may substitute its opinion for that of the Registrar. Terms, conditions (4) The Tribunal may attach such terms to its order, or such conditions to the licence or authorization that is the subject of the hearing, as it considers appropriate. Registrar shall comply (5) The Registrar shall comply with any direction of the Tribunal made under clause (2) (b). Notice of change in address for service 16 Every applicant for or holder of a licence or authorization issued under this Act shall, no later than five days after any change in address for service, serve on the Registrar, in the manner specified by the Registrar, written notice of the change. Transfers 17 (1) A retail operator licence, cannabis retail manager licence or retail store authorization is not transferable to another person, except as permitted by the regulations. 2023, c. 9, Sched. 5, s. 1. Application for transfer (2) A person may apply to the Registrar for the transfer of a retail operator licence, cannabis retail manager licence or retail store authorization that is permitted by the regulations. 2023, c. 9, Sched. 5, s. 1. Approval, refusal (3) The Registrar shall consider every application for a transfer, and shall, (a) approve the transfer, if the prescribed requirements are met; or (b) if the prescribed requirements are not met, refuse the application or issue a proposal to refuse the application, as specified by the regulations. 2023, c. 9, Sched. 5, s. 1. Pre-existing conditions (4) A licence or authorization transferred in accordance with this section is subject to the same conditions to which it was subject immediately before the transfer. 2023, c. 9, Sched. 5, s. 1. Conditions on consent (5) In approving the transfer of a licence or authorization, the Registrar may specify any conditions consented to by the applicant that are to be attached to the licence or authorization. 2023, c. 9, Sched. 5, s. 1. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 5, s. 1 - 08/06/2023 Sale of Cannabis and Cannabis Retail Stores Restriction on products, services 18 The holder of a retail store authorization may only sell or charge for, (a) cannabis that was purchased by the holder directly from the Ontario Cannabis Retail Corporation, in the packaging in which it was purchased from the Ontario Cannabis Retail Corporation, subject to the regulations; and (b) any other products or services that may be prescribed. 2021, c. 34, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 4 - 15/03/2022 Purchase of cannabis by holder 19 The holder of a retail store authorization may only purchase cannabis for sale under the retail store authorization from the Ontario Cannabis Retail Corporation, subject to the regulations. 2021, c. 34, Sched. 2, s. 4; 2023, c. 9, Sched. 5, s. 2. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 4 - 15/03/2022 2023, c. 9, Sched. 5, s. 2 - 08/06/2023 Distribution 20 The holder of a retail store authorization shall ensure that cannabis sold by the holder is distributed only, (a) in person in the cannabis retail store or in an area immediately adjacent to it; or (b) by delivery. 2021, c. 34, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 4, s. 2 - 10/12/2019 2021, c. 34, Sched. 2, s. 4 - 15/03/2022 Limits on amount of cannabis sold, distributed 21 (1) In this section, “maximum permissible cannabis amount” means 30 grams of dried cannabis or the equivalent amount of another class of cannabis determined in accordance with Schedule 3 to the Cannabis Act (Canada), or such other amount as may be prescribed. 2019, c. 15, Sched. 4, s. 2. Limit on amount sold in person at cannabis retail store (2) The holder of a retail store authorization shall ensure that the amount of cannabis sold to an individual in person at the cannabis retail store in a single visit, whether in single or multiple transactions, does not exceed the maximum permissible cannabis amount. 2019, c. 15, Sched. 4, s. 2. Limit on amount sold, online or telephone sales (3) The holder of a retail store authorization shall ensure that the amount of cannabis sold to an individual by the cannabis retail store in a single transaction online or over the telephone does not exceed the maximum permissible cannabis amount. 2019, c. 15, Sched. 4, s. 2. Limit on distribution (4) The holder of a retail store authorization shall ensure that the amount of cannabis distributed to an individual during a single visit in person or by delivery does not exceed the maximum permissible cannabis amount. 2021, c. 34, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 4, s. 2 - 10/12/2019 2021, c. 34, Sched. 2, s. 5 - 15/03/2022 Only recorded sales permitted 22 The holder of a retail store authorization shall ensure that cannabis is sold only through recorded sales. 2021, c. 34, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 6 - 15/03/2022 No employment of individual under 19 years of age 23 The holder of a retail store authorization shall not employ an individual under 19 years of age. 2021, c. 34, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 6 - 15/03/2022 Unsold cannabis 24 (1) In the event of the revocation, cancellation or non-renewal of a retail store authorization, the person who held the authorization shall comply with the requirements specified by the Registrar respecting any cannabis left unsold or undistributed as a result of the revocation, cancellation or non-renewal. Same (2) In the event of the revocation, cancellation or non-renewal of a retail operator licence, the person who held the licence shall comply with the requirements specified by the Registrar respecting any cannabis left unsold or undistributed as a result of the revocation, cancellation or non-renewal. Cannabis retail managers 25 (1) No individual may perform any of the functions set out in subsection 5 (1) in respect of a cannabis retail store unless the individual is, (a) the holder of a cannabis retail manager licence; or (b) the holder of a retail operator licence. Same (2) The holder of a retail store authorization shall not employ an individual to perform any of the functions set out in subsection 5 (1) in respect of a cannabis retail store unless the individual is the holder of a cannabis retail manager licence. Same (3) The holder of a cannabis retail manager licence shall perform his or her functions and duties in relation to the cannabis retail store in which the holder is employed in a manner that is consistent with the requirements of sections 18 to 24. Standards and requirements 26 (1) The Registrar may establish standards and requirements respecting the following matters relating to the conduct of holders of licences or authorizations issued under this Act or to the operation of cannabis retail stores: 1. Store premises, equipment and facilities, including surveillance and security. 2. The prevention of unlawful activities, including prohibiting or restricting certain individuals from entering cannabis retail stores. 3. Advertising and promotional activities. 4. Training and other measures relating to the responsible use, sale or distribution of cannabis. 5. The protection of assets, including money and money equivalents. 6. The keeping of records, including financial records. 7. Reasonable measures to maintain the confidentiality and security of records, including measures to securely dispose of records and to prevent unauthorized access to records. 8. Compliance with a cannabis tracking system established under section 81 of the Cannabis Act (Canada). 9. Any other matter relating to the conduct of holders of licences or authorizations issued under this Act or to the operation of cannabis retail stores that may be prescribed. 2018, c. 12, Sched. 2, s. 26 (1); 2019, c. 15, Sched. 4, s. 3 (1); 2021, c. 34, Sched. 2, s. 7. Conflict (2) In the event of a conflict or inconsistency, the regulations prevail over the standards and requirements established under subsection (1) to the extent of the conflict or inconsistency. 2019, c. 15, Sched. 4, s. 3 (2). Publication (3) The Registrar shall publish the standards and requirements on the Commission’s website or by any other method that may be prescribed. 2018, c. 12, Sched. 2, s. 26 (3). Effective date (4) Standards and requirements established under subsection (1) take effect on the date they are published under subsection (3) or on such later date as the Registrar may specify, and the effective date shall be published together with the standards and requirements. 2018, c. 12, Sched. 2, s. 26 (4). Not regulations (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to standards and requirements established under subsection (1). 2018, c. 12, Sched. 2, s. 26 (5). Duty to comply (6) Subject to subsection (2), every holder of a licence or authorization issued under this Act shall comply with the standards and requirements established under subsection (1). 2018, c. 12, Sched. 2, s. 26 (6); 2019, c. 15, Sched. 4, s. 3 (3). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 4, s. 3 (1-3) - 10/12/2019 2021, c. 34, Sched. 2, s. 7 - 15/03/2022 Enforcement Inspectors 27 (1) The Registrar may designate persons employed by the Commission or other persons as inspectors for the purpose of carrying out inspections to ensure compliance with this Act and the regulations. Certificate (2) A person designated under subsection (1) who is acting as an inspector under this Act shall, on request, produce his or her certificate of designation. Inspections 28 (1) For the purposes of carrying out an inspection to ensure compliance with this Act and the regulations, an inspector may at any reasonable time enter any place, other than any place or part of a place that is actually used as a dwelling, that is used by the holder of a retail store authorization in relation to the authorization. Powers of inspector (2) An inspector conducting an inspection may, (a) examine records or anything else that is relevant to the inspection, including examining and opening any receptacle or package; (b) demand the production of a record or any other thing that is relevant to the inspection; (c) on issuing a written receipt for it, remove a record or any other thing that is relevant to the inspection for review, examination or testing; (d) on issuing a written receipt for it, remove a record or any other thing that is relevant to the inspection for copying; (e) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place; (f) take photographs or make any other kind of recording; and (g) inquire into all financial transactions, records and other matters that are relevant to the inspection. Written demand (3) A demand under this section that a record or any other thing be produced must be in writing and must include a statement of the nature of the record or thing required. Obligation to produce and assist (4) If an inspector demands that a record or any other thing be produced under this section, the person who has custody of the record or thing shall produce it and, in the case of a record, on request, shall provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form. Records and things removed from place (5) A record or other thing that has been removed for review, examination, testing or copying, (a) shall be made available on request to the person from whom it was removed and at a time and place that are convenient for the person and for the inspector; and (b) shall be returned to the person within a reasonable time, unless, in the case of a thing that has been subject to testing, the thing has been made unsuitable for return as a result of the testing. Copy admissible in evidence (6) A copy of a record or other thing that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value. Seizure (7) An inspector conducting an inspection may seize anything the inspector discovers that the inspector reasonably believes not to be in compliance with this Act or the regulations.

Same (8) Subject to section 35, an inspector who seizes a thing under subsection (7) shall, in accordance with the direction of the Registrar, either return it within a reasonable time or dispose of it. Assistance (9) An inspector is entitled to call upon such experts as are necessary to assist in an inspection. Duty to facilitate (10) Every holder of a licence or authorization issued under this Act shall facilitate inspections under this Act. Investigators 29 (1) The Registrar may appoint any person to be an investigator for the purpose of determining whether there has been a contravention of or failure to comply with this Act or the regulations. Investigators by default (2) Police officers and individuals who exercise the powers of a police officer are deemed to be investigators. Certificate (3) The Registrar shall issue a certificate of appointment to every investigator, other than to individuals referred to in subsection (2). Proof of appointment (4) Every investigator who exercises powers under this Act shall, upon request, produce the certificate of appointment as an investigator or identification as an individual referred to in subsection (2). Warrants 30 (1) On application made without notice by an investigator, a justice of the peace may issue a warrant, if satisfied on information under oath that there are reasonable grounds to believe that, (a) there has been or is likely to be a contravention of or failure to comply with this Act or the regulations; and (b) there is in any place or conveyance anything relating to the contravention of or failure to comply with this Act or the regulations. 2018, c. 12, Sched. 2, s. 30 (1); 2021, c. 34, Sched. 2, s. 8 (1). Powers under warrant (2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator, (a) to enter or access the place or conveyance specified in the warrant and examine and seize anything described in the warrant; (b) to use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form; (c) to require a person to produce the evidence or information described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the evidence or information described in the warrant; and (d) to use any investigative technique or procedure or do anything described in the warrant. 2018, c. 12, Sched. 2, s. 30 (2); 2021, c. 34, Sched. 2, s. 8 (1). Obligation to produce and assist (3) If an investigator demands that a person produce evidence or information described in the warrant or provide assistance under clause (2) (c), the person shall produce the evidence or information or provide the assistance. 2018, c. 12, Sched. 2, s. 30 (3); 2021, c. 34, Sched. 2, s. 8 (2). Entry of dwelling (4) Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place or conveyance or part of a place or conveyance actually used as a dwelling, unless, (a) the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and (b) the justice of the peace authorizes the entry into the dwelling. 2018, c. 12, Sched. 2, s. 30 (4); 2021, c. 34, Sched. 2, s. 8 (1). Conditions on warrant (5) A warrant obtained under subsection (1) shall contain the conditions that the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances. 2018, c. 12, Sched. 2, s. 30 (5). Execution of warrant (6) A warrant issued under this section shall specify the hours and days during which it may be executed. 2018, c. 12, Sched. 2, s. 30 (6). Expiry (7) Unless renewed, a warrant under this section expires not later than 30 days after the date on which it is issued. 2018, c. 12, Sched. 2, s. 30 (7). Renewal of warrant (8) A warrant under this section may be renewed for any reason for which it may be issued. 2018, c. 12, Sched. 2, s. 30 (8). Admissibility (9) A copy of a document or record that purports to be certified by an investigator as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value. 2018, c. 12, Sched. 2, s. 30 (9). Assistance (10) An investigator acting under the authority of a warrant issued under this section is authorized to call on police officers and experts to assist in the execution of the warrant and to use such force as is necessary in the execution of the warrant. 2018, c. 12, Sched. 2, s. 30 (10). Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 8 (1, 2) - 15/03/2022 Seizure of things not specified 31 An investigator who is lawfully present in a place or conveyance pursuant to a warrant or otherwise in the execution of the investigator’s duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of or failure to comply with this Act or the regulations. 2018, c. 12, Sched. 2, s. 31; 2021, c. 34, Sched. 2, s. 9. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 9 - 15/03/2022 Searches in exigent circumstances 32 (1) An investigator may exercise any of the powers described in subsection 30 (2) without a warrant, if the conditions for obtaining the warrant exist but, by reason of exigent circumstances, the investigator determines that it would be impracticable to obtain the warrant. 2018, c. 12, Sched. 2, s. 32 (1). Dwellings (2) Subsection (1) does not apply to a place or conveyance or part of a place or conveyance that is actually being used as a dwelling. 2018, c. 12, Sched. 2, s. 32 (2); 2021, c. 34, Sched. 2, s. 10. Use of force (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary. 2018, c. 12, Sched. 2, s. 32 (3). Applicability of s. 30 (4) Subsections 30 (3), (9) and (10) apply, with necessary modifications, to a search under this section. 2018, c. 12, Sched. 2, s. 32 (4). Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 10 - 15/03/2022 Warrantless search of conveyances 32.1 (1) In this section, “vehicle” means a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle or motorized snow vehicle, other than a street car, and includes anything attached to the vehicle. 2021, c. 34, Sched. 2, s. 11. Same (2) For any purpose relating to the administration and enforcement of this Act and the regulations, an investigator designated for this section by the Registrar who reasonably believes that a vehicle, a vessel, railway equipment on rails or an aircraft contains evidence of a contravention of this Act or the regulations may, (a) without warrant, stop and detain it; (b) examine its contents, including any cargo, manifests, records, accounts, vouchers, papers or other documents that may afford evidence of the contravention; and (c) subject to subsection (3), seize and take away any of the manifests, records, accounts, vouchers, papers or other documents and retain them until they are produced in a court proceeding. 2021, c. 34, Sched. 2, s. 11. Application for retention of documents (3) Where documents are seized under subsection (2), the Registrar shall, within 14 days, make an application to a justice, as defined in the Provincial Offences Act, for an order to permit the retention of the documents until they are produced in a court proceeding, and the application may be heard and the order may be made, both without notice, on receipt of information under oath from a person who reasonably believes that the documents afford evidence of the commission of an offence under this Act. 2021, c. 34, Sched. 2, s. 11. Seizure and disposal of cannabis (4) If, during a detention under subsection (2), cannabis is found in a person’s possession contrary to a law of Canada or Ontario, an investigator designated for this section by the Registrar may, subject to subsections (5) and (6), seize, impound and hold and dispose of the cannabis. 2021, c. 34, Sched. 2, s. 11. Application (5) Cannabis seized under subsection (4) is forfeited to the Crown to be disposed of as the Registrar directs unless, within 30 days following the seizure, the person from whom the cannabis was seized, or the owner of the cannabis, applies to the Superior Court of Justice to establish the right to possess the cannabis. 2021, c. 34, Sched. 2, s. 11. Right to possession of cannabis (6) For the purpose of an application under subsection (5), the applicant has the right to possession of the cannabis if the possession did not, at the time the seizure was made, constitute a contravention of a law of Canada or Ontario. 2021, c. 34, Sched. 2, s. 11. Order (7) If, on application under subsection (5), the court is satisfied that the applicant has the right to possession of the cannabis, the court may order that the cannabis be returned to the applicant. 2021, c. 34, Sched. 2, s. 11. Disposal pending final determination by court (8) Where a final order has not been made under subsection (7) within 60 days after the filing of the application under subsection (5), the Registrar may dispose of the cannabis pending the determination of the application. 2021, c. 34, Sched. 2, s. 11. Forfeiture after dismissal of application (9) On dismissal of an application under subsection (5) and the expiry of the applicable appeal period, the cannabis is forfeited to the Crown to be disposed of as the Registrar directs. 2021, c. 34, Sched. 2, s. 11. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 11 - 15/03/2022 Application of Public Inquiries Act, 2009 33 Section 33 of the Public Inquiries Act, 2009 applies to an investigation by an investigator under this Act. Return of items seized by investigator 34 Subject to section 35, an investigator who seizes anything as a result of an investigation under this Act may make a copy of it, and shall, in accordance with the direction of the Registrar, either return it within a reasonable time or dispose of it. Order of restoration 35 (1) The Ontario Court of Justice may, on the application of any person made within 30 days of a seizure authorized under this Act, order that the things seized be restored without delay to the applicant if the court is satisfied that, (a) the applicant is entitled to possession of the things seized; (b) the things seized are not required as evidence in any proceeding; (c) continued detention of the things seized is not necessary to prevent the commission of an offence; and (d) it is unlikely that the things will be forfeited on conviction in accordance with an order made under subsection (4). Same (2) If the court is satisfied that the applicant is entitled to possession of the things seized but is not satisfied as to all of the matters mentioned in clauses (1) (b), (c) and (d), it shall order that the things seized be restored to the applicant, (a) on the expiration of three months from the date of the seizure, if no proceeding in respect of an offence has been commenced; or (b) on the final conclusion of any such a proceeding. Forfeiture (3) If no application has been made for the return of a thing seized under this Act or an application has been made but upon the hearing of the application no order of restoration has been made, the thing seized is forfeited to the Crown. Same (4) If a person is convicted of an offence under this Act, the court shall order that anything seized under this Act in connection with the offence be forfeited to the Crown, unless the court considers that the forfeiture would be unjust in the circumstances. Relief against forfeiture (5) Any person with an interest in a thing forfeited under this Act may apply to the Superior Court of Justice for relief against the forfeiture, and the court may make an order providing for any relief that it considers just, including, but not limited to, one or more of the following orders: 1. An order directing that the thing or any part of the thing be returned to the applicant. 2. An order directing that any interest in the thing be vested in the applicant. 3. An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture. Same (6) The court shall not order any relief under subsection (5) unless the court is satisfied that the applicant did not, directly or indirectly, participate in, or benefit from, any offence in connection with which the thing was seized. General Prohibitions Inducement Promotion to increase sales 36 (1) No person shall, for the purpose of increasing the sale of a particular type of cannabis, (a) directly or indirectly offer or give a material inducement to the holder of a licence or authorization issued under this Act or to an agent or employee of the holder; or (b) engage in any prescribed practices respecting the promotion of cannabis. Officials (2) No person shall directly or indirectly pay or offer to pay any amount, or make or offer to make any gift, to the Registrar, a member or employee of the Commission, or a member or employee of the Tribunal in relation to a retail operator licence, a cannabis retail manager licence or a retail store authorization. Obstruction Inspections 37 (1) No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an inspector conducting an inspection under this Act, refuse to answer questions on matters relevant to the inspection or provide the inspector with false information on matters relevant to the inspection. Investigations (2) No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an investigator executing a warrant under this Act or withhold from the investigator or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant. Whistle-blowing protection 38 (1) No person shall retaliate or threaten to retaliate against another person, whether by act or omission, because any person has disclosed anything to the Registrar, an inspector conducting an inspection under this Act or an investigator conducting an investigation under this Act, or has provided evidence that has been or may be given in a proceeding in respect of the enforcement of this Act or the regulations. Malicious disclosure (2) Subsection (1) applies in the case of a disclosure even if the disclosure was made maliciously or in bad faith. Interpretation, retaliation (3) For the purposes of subsection (1), retaliation includes, (a) dismissing, suspending or disciplining an employee of a holder of a retail operator licence or retail store authorization, or subjecting the employee to discriminatory treatment; (b) imposing a penalty on any person; or (c) intimidating, coercing or harassing any person. Disclosure not to be discouraged (4) No holder of a licence or authorization issued under this Act, or person interested in such a holder, shall do anything that discourages, is aimed at discouraging or has the effect of discouraging a person from making a disclosure to the Registrar, an inspector or an investigator. Protection from legal action (5) No action or other proceeding shall be instituted against any person for making a disclosure to the Registrar, an inspector or an investigator, unless the person acted maliciously or in bad faith. Offences and Penalties Offence 39 (1) A person is guilty of an offence if the person contravenes or fails to comply with, (a) section 18, 19, 20, 21, 22 or 23, subsection 24 (2), section 25, subsection 28 (10), section 36 or 37 or subsection 38 (1) or (4); or (b) any prescribed provision of the regulations. Same, directors or officers (2) A director or officer of a corporation who causes, authorizes, permits or participates in an offence under this Act by the corporation is guilty of an offence. Limitation (3) No proceeding under this section shall be commenced more than two years after the day the offence was, or is alleged to have been, committed. Penalty 40 On conviction for an offence under this Act, (a) a corporation is liable to a fine of not more than $250,000; and (b) an individual is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or both. Matters Respecting Municipalities Prohibition on stores 41 (1) A municipality may, by resolution passed no later than January 22, 2019, prohibit cannabis retail stores from being located in the municipality. Outstanding applications (2) Despite subsection 4 (10), the Registrar shall refuse any applications that are outstanding at the time a resolution is passed by a municipality under subsection (1) for a retail store authorization in respect of a proposed cannabis retail store to be located in the municipality. Lifting of prohibition (3) A municipality that has prohibited cannabis retail stores under subsection (1) may, by resolution, lift the prohibition and permit cannabis retail stores to be located in the municipality. Lifted prohibition may not be restored (4) A resolution passed for the purposes of subsection (3) is final and may not be reversed. Notice (5) A municipality shall provide to the Registrar, in the prescribed time and manner, notice of every resolution passed under this section. Publication (6) The Registrar shall publish on the Commission’s website a list of the municipalities in which cannabis retail stores may not be located in accordance with this section, along with the dates of the relevant resolutions. Restrictions on by-law making authority Business licensing by-laws 42 (1) The authority to pass a business licensing by-law within the meaning of the Municipal Act, 2001 or a by-law under paragraph 11 of subsection 8 (2) of the City of Toronto Act, 2006 does not include the authority to pass a by-law providing for a system of licences respecting the sale of cannabis, holders of a licence or authorization issued under this Act or cannabis retail stores. Planning Act by-laws (2) The authority to pass a by-law under section 34, 38 or 41 of the Planning Act does not include the authority to pass a by-law that has the effect of distinguishing between a use of land, a building or a structure that includes the sale of cannabis and a use of land, a building or a structure that does not include the sale of cannabis. Same (3) A by-law passed under section 34, 38 or 41 of the Planning Act, or an order made under section 47 of that Act, is of no effect to the extent that it conflicts with subsection (2). Matters Respecting Reserves Prohibition on stores 43 (1) If the Registrar receives a copy of a resolution of the council of the band in respect of a reserve requesting that the Registrar not issue retail store authorizations for cannabis retail stores to be located on the reserve, the Registrar shall not issue the authorizations. Outstanding applications (2) Despite subsection 4 (10), the Registrar shall refuse any applications that are outstanding at the time the Registrar receives a copy of a resolution under subsection (1) for a retail store authorization in respect of a proposed cannabis retail store to be located on the reserve. Amended, rescinded resolution (3) If the Registrar receives a copy of a resolution of the council of the band in respect of a reserve amending or rescinding a request referred to in subsection (1), the Registrar shall comply with the request. Existing cannabis retail stores (4) The passage of a resolution for the purposes of this section in respect of a reserve does not affect the validity of a retail store authorization issued in respect of any cannabis retail store located on the reserve when the resolution is passed, but any such authorization shall not be renewed, subject to an amendment or rescindment under subsection (3). Notice (5) A council of the band shall provide to the Registrar, in the prescribed time and manner, notice of every resolution passed under this section. Publication (6) The Registrar shall publish on the Commission’s website a list of the reserves on which cannabis retail stores may not be located in accordance with this section, along with the dates of the relevant resolutions. Agreement with council of the band 44 (1) Subject to subsection (2) and to the approval of the Lieutenant Governor in Council, the Minister may, on behalf of the Crown, enter into arrangements and agreements with a council of the band with respect to the sale of cannabis on a reserve, including the licensing, authorization and regulation of retail stores, or the enforcement of this Act and the regulations on a reserve. 2024, c. 2, Sched 3, s. 1 (1). Same, requirement for agreement with other ministers (2) The Minister may only enter into the arrangement or agreement jointly with, (a) the Minister responsible for the administration of the Ontario Cannabis Retail Corporation Act, 2017; (b) the Minister of Finance, if the Minister referred to in clause (a) is not the Minister of Finance; and (c) the Minister responsible for the administration of the Cannabis Control Act, 2017. 2018, c. 12, Sched. 2, s. 44 (2). Agreement implementation (3) To implement an arrangement or agreement entered into under subsection (1), the Lieutenant Governor in Council may make regulations, (a) modifying or clarifying the application of a provision of this Act or the regulations to a person, place or thing, subject to any conditions or limitations; (b) establishing requirements that apply to the sale of cannabis on a reserve, subject to any conditions or limitations; (c) specifying that rules established by the council of the band apply to the sale of cannabis on a reserve, subject to any conditions or limitations. 2024, c. 2, Sched 3, s. 1 (2). Access to rules established by the council of the band (4) A regulation made under clause (3) (c) that provides that rules established by the council of the band apply on a reserve shall either contain the rules or incorporate them by reference. 2024, c. 2, Sched 3, s. 1 (2). Section Amendments with date in force (d/m/y) 2024, c. 2, Sched. 3, s. 1 (1, 2) - 06/03/2024 Miscellaneous Requests for information from Ontario Cannabis Retail Corporation 45 The following persons may request information from the Ontario Cannabis Retail Corporation respecting cannabis sold by the Corporation to a holder of a retail store authorization: 1. The Registrar, for the purposes of inquiries and investigations under section 9. 2. An inspector conducting an inspection under this Act. 3. An investigator conducting an investigation under this Act. Employment of 18 year olds by Commission 46 (1) An individual who is 18 years of age may be appointed under section 9 of the Alcohol and Gaming Commission of Ontario Act, 2019 to employment in the Commission for the purposes of monitoring compliance with this Act and the regulations. 2018, c. 12, Sched. 2, s. 46 (1); 2019, c. 15, Sched. 1, s. 20 (3). Same (2) Subsection 10 (1) of the Cannabis Control Act, 2017 does not apply to an individual referred to in subsection (1) of this section while the individual is performing his or her duties of employment, except with respect to consumption. 2018, c. 12, Sched. 2, s. 46 (2). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 1, s. 20 (3) - 29/11/2021 Testimony in civil proceeding 47 No person engaged in the administration of this Act shall be required to give testimony in any civil proceeding with regard to information obtained by the person in the course of the person’s duties, except in a proceeding under this Act, the Cannabis Control Act, 2017 or the Cannabis Act (Canada). 48 Repealed: 2024, c. 20, Sched. 9, s. 30. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 42 - 01/07/2019 2024, c. 20, Sched. 9, s. 30 - 12/05/2025 Regulations 49 (1) The Lieutenant Governor in Council may make regulations for implementing the purposes, provisions and intent of this Act, including regulations, (a) respecting anything that, in this Act, may or must be prescribed or done by regulation; (b) governing applications for retail operator licences, cannabis retail manager licences and retail store authorizations, and for the renewal or transfer of licences and authorizations, and authorizing the Registrar to exempt any person from a requirement to provide information in respect of an application; (c) specifying classes of persons who may not apply for a retail operator licence, retail store authorization or cannabis retail manager licence; (d) governing the issuance, renewal, transfer and expiry of retail operator licences, cannabis retail manager licences and retail store authorizations; (d.1) for the purposes of subsection 4 (4), (i) specifying licences or classes of licences, (ii) providing that proposed cannabis retail stores may be located on or within sites or locations other than the site set out in the licence, as specified by the regulations, for the purposes of paragraph 1 of that subsection, (iii) specifying a different number of retail store authorizations, and defining “affiliate”, for the purposes of paragraph 2 of that subsection, (iv) prescribing additional restrictions for the purposes of paragraph 3 of that subsection; (e) setting out matters that are or are not matters of public interest, for the purposes of paragraph 5 of subsection 4 (6); (f) for the purposes of clause 4 (12) (b), setting out circumstances in which a retail store authorization may not be issued, including setting out maximums or methods of determining maximums respecting authorizations that may be issued, or that may be issued with respect to an applicant, a municipality, or any other person, place or thing; (g) prescribing conditions that apply to retail operator licences, to cannabis retail manager licences or to retail store authorizations; (h) governing the sale of cannabis under a retail store authorization, including the operation of cannabis retail stores and their hours of operation; (i) respecting varieties, forms and types of cannabis that may and may not be sold under a retail store authorization by holders of retail store authorizations; (j) regulating and controlling the possession and distribution of cannabis sold or to be sold under a retail store authorization; (j.1) authorizing and governing the sale, purchase or transfer of cannabis between holders of a retail store authorization in the prescribed circumstances; (k) for the purposes of subsection 7 (3), requiring that the holder of a retail store authorization not sell cannabis or a prescribed class of cannabis at a price that is lower than a price specified by or determined in accordance with the regulations, and governing such prices; (l) providing for how elements of an offence under this Act may be proved in a prosecution, including providing for presumptions that apply or inferences that may be made in the absence of evidence to the contrary; (m) governing records to be kept by holders of a licence or authorization issued under this Act; (n) requiring holders of a licence or authorization issued under this Act to take prescribed measures to reduce the risk that cannabis under the holder’s control is diverted to an illicit market or activity; (o) governing and requiring the provision of information by holders of a licence or authorization issued under this Act to the Registrar, including information respecting the sale of cannabis and the premises, methods and practices connected to the sale of cannabis, and requiring any information provided to the Registrar to be verified in any manner specified by the regulations, including by oath; (p) governing the advertising of cannabis, or the advertising of its availability for sale or distribution, and governing related promotional activities; (q) authorizing the Board to approve training courses or programs and requiring specified persons to successfully complete them; (r) establishing standards or requirements respecting any other matter referred to in subsection 26 (1) that is not otherwise provided for by this subsection; (r.1) providing for and governing rules and processes that apply if the Registrar receives a copy of a resolution of the council of the band in respect of a reserve containing a prescribed request relating to the delivery of cannabis or other products to the reserve, including, (i) prohibiting holders of a retail store authorization from delivering cannabis or other products to a reserve, (ii) governing notice to holders of a retail store authorization respecting a prohibition or restriction on delivering cannabis or other products to a reserve, including requiring the Registrar to publish information respecting the prohibition or restriction on the Commission’s website and governing the publication, (iii) providing for and governing rules and processes that apply if the Registrar receives a copy of a resolution of the council of the band in respect of a reserve amending or rescinding a resolution to which the regulations apply, (iv) requiring a council of the band to provide notice of a resolution to which the regulations apply, and governing the notice; (s) exempting any person, place or thing from this Act or the regulations or any provision of this Act or the regulations or providing that this Act or the regulations or any provision of this Act or the regulations does not apply in respect of any person, place, thing or circumstance, and prescribing conditions or restrictions for the exemption or non-application. 2018, c. 12, Sched. 2, s. 49 (1); 2019, c. 15, Sched. 4, s. 4; 2021, c. 34, Sched. 2, s. 12 (1, 2); 2023, c. 9, Sched. 5, s. 3; 2024, c. 2, Sched. 3, s. 2. Same (2) A regulation made under subsection (1) may be general or specific in its application to any person, place or thing or any class of them, may impose different requirements, conditions or restrictions on or in respect of any class, and may be limited as to time and place. 2018, c. 12, Sched. 2, s. 49 (2). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 4, s. 4 - 10/12/2019 2021, c. 34, Sched. 2, s. 12 (1, 2) - 15/03/2022 2023, c. 9, Sched. 5, s. 3 (1-3) - 08/06/2023 2024, c. 2, Sched. 3, s. 2 - 06/03/2024 50-62 Omitted (amends, repeals or revokes other legislation). 63 Omitted (provides for coming into force of provisions of this Act). 64 Omitted (enacts short title of this Act). ______________