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ontario regulation 84/22

made under the

Cannabis Licence Act, 2018

Made: February 24, 2022
Filed: February 25, 2022
Published on e-Laws: February 25, 2022
Printed in The Ontario Gazette: March 12, 2022

Amending O. Reg. 468/18

(GENERAL)

1. Section 7 of Ontario Regulation 468/18 is revoked and the following substituted:

Retail operator licence, corporate ownership

7. A corporation is not eligible to be issued a retail operator licence if,

(a) more than 25 per cent of the corporation is owned or controlled, directly or indirectly, by one or more licensed producers or their affiliates; or

(b) the corporation directly or indirectly owns or controls more than 25 per cent of a licensed producer or its affiliates.

2. (1) Subsection 12 (1) of the Regulation is amended by striking out “the number of retail store authorizations set out in subsection (2)” at the end and substituting “75 authorizations”.

(2) Subsection 12 (2) of the Regulation is revoked.

3. Section 13 of the Regulation is revoked and the following substituted:

Display of authorization, etc.

13. (1) It is a condition of a retail store authorization that the holder,

(a) display the authorization in a conspicuous place in the cannabis retail store; and

(b) if the holder uses a website, app or other similar online platform for the purposes of the cannabis retail store, ensure that the authorization number, the holder’s name and the store’s operating name and address are displayed on the website, app or other platform.

(2) The holder of a retail store authorization that is revoked or fails to be renewed shall ensure that the information referred to in subsection (1) is removed from display as soon as practicable after the revocation or non-renewal.

4. (1) Section 18 of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

Prescribed products and services

18. For the purposes of clause 18 (b) of the Act, the holder of a retail store authorization may sell or charge for,

. . .  . .

(2) Section 18 of the Regulation is amended by adding the following paragraph.

4. Delivery services.

5. Subsections 19 (1), (2) and (3) of the Regulation are revoked and the following substituted:

Cannabis retail seal

19. (1) In this section,

“cannabis retail seal” means the cannabis retail seal set out in Schedule 1 to this Regulation.

(2) For the purposes of subsection 7 (2) of the Act, the holder of a retail store authorization shall,

(a) display the cannabis retail seal in a conspicuous place that is visible from the exterior of the public entrance to the cannabis retail store; and

(b) if the holder uses a website, app or other similar online platform for the purposes of the cannabis retail store, ensure that the cannabis retail seal is prominently displayed on the website, app or other platform.

(3) For the purposes of clause (2) (a), the displayed cannabis retail seal shall be at least 17 centimetres in width at its widest point by 20 centimetres in height.

6. The Regulation is amended by adding the following sections:

Distribution in adjacent area

20.1 The holder of a retail store authorization shall ensure that cannabis purchased from a cannabis retail store under the authorization is distributed to a person in an area immediately adjacent to the store in accordance with the following rules:

1. The cannabis may only be distributed between 9 a.m. and 11 p.m. on any day.

2. The cannabis may only be distributed by the holder or an employee of the holder.

Delivery

20.2 (1) The holder of a retail store authorization shall ensure that cannabis sold under the authorization is delivered in accordance with the following rules:

1. The cannabis may only be delivered by the holder or an employee of the holder.

2. The cannabis must be in its original, unopened packaging.

3. The cannabis may only be delivered to a residence or private place, as defined in section 22 of Ontario Regulation 745/21 (General) made under the Liquor Licence and Control Act, 2019.

4. The cannabis may only be delivered to an individual who is located at the address provided in the order for the purchase of the cannabis.

5. The cannabis may only be delivered at a time when the cannabis retail store is open to the public.

(2) On any day on which a landlord or owner of a premises on which a cannabis retail store is located requires the premises to be closed for any time between 9:00 a.m. and 11:00 p.m., the holder of the retail store authorization may, despite paragraph 5 of subsection (1), deliver cannabis between 9:00 a.m. and 11:00 p.m.

(3) Subsection (2) does not apply if the landlord or owner is a person interested in the holder of the retail store authorization.

(4) Nothing in subsection (2) permits the holder of a retail store authorization to operate the cannabis retail store entirely or predominantly as a delivery business.

(5) Any cannabis that is removed from a cannabis retail store for delivery but is not delivered during the hours permitted under this section for a day must be returned to the store that same day and remain there until the next day on which delivery is attempted.

(6) The holder of a retail store authorization shall ensure that,

(a) cannabis is not removed from the cannabis retail store’s inventory for delivery until an order to purchase the cannabis has been placed; and

(b) cannabis is not delivered from the cannabis retail store unless the order to purchase the cannabis was placed with that store.

7. (1) Clause 21 (1) (a) of the Regulation is amended by adding “and distribution” after “sale”.

(2) Paragraph 3 of subsection 21 (2) of the Regulation is revoked.

(3) Subsection 21 (3) of the Regulation is revoked and the following substituted:

(3) The holder of a retail store authorization shall ensure that the following individuals successfully complete training courses or programs approved under subsection (1):

1. Every holder of a cannabis retail manager licence employed to work in the cannabis retail store.

2. Every other individual employed to work in the cannabis retail store or deliver cannabis sold through the store.

3. Every individual who provides security services in relation to the operation of the cannabis retail store.

8. The Regulation is amended by adding the following section immediately before the heading “Exemptions”:

Restriction, delivery on reserves

23.1 (1) This section applies if the Registrar receives a copy of a resolution of the council of the band in respect of a reserve requesting that cannabis sold under a retail store authorization not be delivered on the reserve.

(2) The Registrar shall, as soon as practicable after receiving the copy of the resolution, give written notice in a manner the Registrar considers appropriate to every holder of a retail store authorization containing the following information:

1. The name of the reserve.

2. A statement that, as of the effective date determined in accordance with subsection (3), cannabis sold under a retail store authorization may not be delivered on the reserve.

(3) The effective date specified in the notice shall be the 30th day after the day on which the notice is given.

(4) A holder of a retail store authorization shall ensure that cannabis sold under the authorization is not delivered on a reserve that is the subject of a notice under subsection (2) on and after the effective date specified in the notice.

(5) If the Registrar receives a copy of a resolution of the council of the band in respect of a reserve rescinding a request described in subsection (1), the Registrar shall, as soon as practicable, give written notice in a manner the Registrar considers appropriate to every holder of a retail store authorization containing the following information:

1. The name of the reserve.

2. The date on which the notice is given.

3. A statement that, as of the date on which the notice is given, subsection (4) ceases to apply with respect to the reserve.

(6) Subsection (4) ceases to apply with respect to a reserve that is the subject of a notice under subsection (5) on the date on which the notice is given.

(7) The council of the band shall give to the Registrar such information as the Registrar reasonably requires for the purposes of subsection (2) or (5).

(8) The Registrar shall publish on the Commission’s website,

(a) a list of reserves to which cannabis sold under a retail store authorization may not be delivered, in accordance with this section; and

(b) for each reserve,

(i) the date on which the applicable resolution was made, and

(ii) the effective date specified in the notice given under subsection (2) for the reserve.

Commencement

9. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Sections 4, 6, 7 and 8 come into force on the later of the day section 4 of Schedule 2 to the Supporting People and Businesses Act, 2021 comes into force and the day this Regulation is filed.

(3) Sections 3 and 5 come into force on the later of the day that is 60 days after the day section 4 of Schedule 2 to the Supporting People and Businesses Act, 2021 comes into force and the day this Regulation is filed.

 

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