O. Reg. 30/18: GENERAL

Cannabis Act, 2017

ONTARIO REGULATION 30/18

GENERAL

Historical version for the period February 22, 2018 to April 23, 2018.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on the day subsection 2 (1) of Schedule 1 (Cannabis Act, 2017) to the Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017 comes into force.

No amendments.

This is the English version of a bilingual regulation.

General exemptions re sale, distribution and purchase

1. (1) The following activities are exempt from the application of section 6 or 9 of the Act, as the case may be:

1. The sale or distribution of cannabis by a person acting in accordance with a licence, permit or authorization issued under applicable federal law, other than the sale or distribution of cannabis to a consumer, within the meaning of the Consumer Protection Act, 2002, who is located in Ontario.

2. The purchase of cannabis, from a person or entity acting in accordance with a licence, permit or authorization issued under applicable federal law, by,

i. the Ontario cannabis retailer,

ii. a person acting in accordance with a licence, permit or authorization issued under applicable federal law, or

iii. a person authorized under the law of another province or territory of Canada to sell cannabis in that province or territory.

3. The distribution of cannabis by a person authorized under the law of another province or territory of Canada to sell cannabis in that province or territory for the purpose of transporting the cannabis between that person and a person or entity acting in accordance with a licence, permit or authorization issued under applicable federal law.

4. The distribution or possession for sale of cannabis by a person acting under a contract to provide such a service to or on behalf of,

i. the Ontario cannabis retailer or the Liquor Control Board of Ontario, or

ii. a person exempted under paragraph 1 or 3, as the case may be, for the purpose of undertaking an activity exempted under that paragraph.

(2) For greater certainty, an exemption under subsection (1) applies with respect to a person who is acting through an entity.

(3) This section applies in respect of an employee of a person in the same manner as it applies to the person, if the employee is acting in the course of his or her duties.

General exemptions for enforcement purposes

2. (1) The Act does not apply with respect to activities undertaken by a police officer in connection with the enforcement of the Act, if the police officer is acting in a manner that is consistent with the activities that he or she is authorized to undertake.

(2) The Act does not apply with respect to activities undertaken by a person in connection with the administration or enforcement of any Act of Parliament, if the person is acting in a manner that is consistent with the activities that he or she is authorized to undertake.

Specific exemptions for research purposes

3. An activity prohibited under section 7, 10 or 11 of the Act is exempt from the application of that section if the activity is undertaken for the purpose of conducting cannabis research under the authority of applicable federal law.

Exemption re importation for personal use

4. Despite subsection 6 (2) of the Act, an individual may bring an amount of cannabis into Ontario from another province or territory of Canada if,

(a) the individual may lawfully possess and distribute that amount of cannabis in Ontario;

(b) the cannabis accompanies the individual into Ontario; and

(c) the cannabis was lawfully purchased or otherwise lawfully obtained in another province or territory of Canada.

Exemption re transportation of cannabis for medical purposes

5. Subsection 12 (1) of the Act does not apply with respect to cannabis obtained for medical purposes in accordance with applicable federal law if,

(a) the person who is authorized to possess the cannabis for his or her own medical purposes in accordance with applicable federal law is a passenger in the vehicle or boat; and

(b) the cannabis is not readily available to the driver of the vehicle or boat.

Identification showing age

6. For the purposes of subsection 7 (2) of the Act, an item of identification is prescribed if it includes a photograph of the person, states the person’s date of birth and reasonably appears to have been issued by,

(a) a government; or

(b) the Liquor Control Board of Ontario.

7. Omitted (provides for coming into force of provisions of this Regulation).