Section 1 definitions of "delivery person" and "delivery service provider" were added by BC Reg 160/2022, effective July 8, 2022.
Section 1 definitions of "designated federal licence", "eligible federal licence", "federal area", "retail store licence" and "retail store licensee" were added by BC Reg 199/2022, effective November 30, 2022.
Section 2 BEFORE amended by BC Reg 76/2023, effective March 17, 2023.
Equivalent amount of cannabis
2 When this regulation refers to "30 g of dried cannabis or an equivalent amount", "equivalent amount" means an amount of cannabis that is equivalent to 30 g of dried cannabis as determined in accordance with the table to section 9 (3) of the Cannabis Control Regulation.
Section 3 (a) BEFORE amended by BC Reg 199/2022, effective November 30, 2022.
Section 3 (a.1) was added by BC Reg 199/2022, effective November 30, 2022.
Section 4 (a) and (a.1) BEFORE amended by BC Reg 157/2021, effective July 15, 2021.
(a) from the retail store to patrons,
(a.1) through an online system, or by telephone, if transfer of personal possession of cannabis from the licensee to patrons takes place in the retail store of the licensee, and
Section 4 (b) BEFORE amended by BC Reg 144/2022, effective June 24, 2022.
(b) if approved by the general manager, to a licensee who holds another retail store licence.
Section 5 (1) (o) BEFORE repealed by BC Reg 31/2019, effective February 25, 2019.
(o) the retail store must not, in the general manager's opinion, appear to be associated, through signs, the use of trademarks or any other means, with another business other than another retail store;
Section 5 (1) (p) BEFORE amended by BC Reg 134/2020, effective June 18, 2020.
(p) the retail store must be located in a permanent building or structure and be enclosed by floor-to-ceiling walls that are not transparent;
Section 5 (1) (p.1) was added BC Reg 134/2020, effective June 18, 2020.
Section 5 (1) (a) (iv) BEFORE amended by BC Reg 197/2020, effective August 4, 2020.
(iv) prepaid purchase cards for use in the retail store for the future supply of only the items referred to in subparagraphs (i) to (iii);
Section 5 (b), (c), (d), (e) and (m) BEFORE amended by BC Reg 197/2020, effective August 4, 2020.
(b) only the following are permitted to be sold through an online system of the licensee:
(ii) bags of a class or type approved by the general manager;
(iii) prepaid purchase cards for use in the retail store for the future supply of only the items referred to in paragraph (a) (i) to (iii);
(c) the only business that takes place in the retail store is the sale of the items referred to in paragraph (a);
(d) the payment for cannabis purchased by a patron must take place in the retail store;
(e) the transfer of personal possession of cannabis from the licensee to a patron who purchased the cannabis must take place in the retail store;
(m) subject to limitation by the general manager, sales of cannabis must not take place before 9 a.m. or after 11 p.m. of the same day;
Section 5, paragraph (u) was added by BC Reg 197/2020, effective August 4, 2020.
Section 5 (1) (a) (v) was added by BC Reg 157/2021, effective July 15, 2021.
Section 5 (1) (b) (v) was added by BC Reg 157/2021, effective July 15, 2021.
Section 5 (1) (e) BEFORE amended by BC Reg 157/2021, effective July 15, 2021.
(e) the transfer of personal possession of cannabis from the licensee to a patron who purchased the cannabis, including cannabis purchased through an online system or by telephone, must take place in the retail store;
Section 5 (1) (p.1) (part) BEFORE amended by BC Reg 157/2021, effective July 15, 2021.
(p.1) the following must not be visible from outside the retail store:
Section 5 (2.1) was added by BC Reg 157/2021, effective July 15, 2021.
Section 5 (1) (a) (ii) BEFORE amended by BC Reg 296/2021, effective November 26, 2021.
Section 5 (1) (b) (ii) BEFORE amended by BC Reg 296/2021, effective November 26, 2021.
Section 5 (1) (a) (ii.1) and (b) (ii.1) were added by BC Reg 296/2021, effective November 26, 2021.
Section 5 (1.1) was added by BC Reg 296/2021, effective November 26, 2021.
Section 5 (1) (c) BEFORE amended by BC Reg 60/2022, effective March 14, 2022.
(c) the only business that takes place in the retail store is
(i) the sale of the items referred to in paragraph (a), and
(ii) the transfer of personal possession of the items referred to in paragraph (b);
Section 5 (2.1) (a) to (e) BEFORE amended by BC Reg 160/2022, effective July 8, 2022.
(a) cannabis must be delivered by the licensee or an employee of the licensee;
(b) subject to limitation by the general manager, cannabis must be delivered between 9 a.m. and 11 p.m.;
(c) the transfer of personal possession of cannabis to a patron, or to another adult acting on the patron's behalf, must take place
(i) at the address in British Columbia specified by the patron when purchasing the cannabis, or
(ii) at a location immediately outside the retail store;
(d) the licensee or employee who delivers cannabis must obtain the name and signature of the patron, or the other adult acting on the patron's behalf, who receives the cannabis;
(e) if the licensee or employee does not obtain the name and signature referred to in paragraph (d), the licensee or employee must not deliver the cannabis.
Section 5 (1) (a) (i) BEFORE amended by BC Reg 199/2022, effective October 4, 2022.
Section 5 (1) (b) (i) BEFORE amended by BC Reg 199/2022, effective October 4, 2022.
Section 5 (1) (g), (h) and (k) BEFORE amended by BC Reg 199/2022, effective October 4, 2022.
(g) the maximum amount of cannabis that can be sold to a patron in a transaction is 30 g of dried cannabis or an equivalent amount;
(h) subject to subsection (3), a patron must not have in the retail store personal possession of more than 30 g of dried cannabis or an equivalent amount;
(k) a patron must not open in the retail store the original packaging of cannabis;
Section 5 (1) (g.1) was added by BC Reg 199/2022, effective October 4, 2022.
Section 5 (3) BEFORE amended by BC Reg 199/2022, effective October 4, 2022.
(3) The reference in subsection (1) (h) to a patron having personal possession of 30 g of dried cannabis or an equivalent amount does not apply to medical cannabis if
(a) the adult is carrying proof of authority to possess medical cannabis within the meaning of section 1 of the Cannabis Control Regulation, and
(b) the amount of medical cannabis the patron possesses is not more than the amount permitted under the Cannabis Act (Canada).
Section 5 (1) (p.1) BEFORE repealed by BC Reg 124/2023, effective May 19, 2023.
(p.1) the following must not be visible outside the retail store and, if the following are inside the retail store, they must not be visible from outside that store:
(iii) packaging and labelling of cannabis and cannabis accessories;
Section 6 (1) and (2) BEFORE amended by BC Reg 172/2021, effective June 30, 2021.
means
(a) a corporation and any affiliate, within the meaning of section 2 of the Business Corporations Act, of the corporation,
(b) an individual and any corporation that is controlled, within the meaning of section 2 of the Business Corporations Act, by the individual,
(c) a person who is a partner in a general partnership and each of the partners,
(d) a person who is a general partner in a limited partnership and each of the general partners, or
(e) a person who is a partner in a limited liability partnership and each of the partners;
, in respect of a corporation, means a person who holds or beneficially owns, other than by way of security only, 20% or more of any class of shares of the corporation that confer the right to vote for the election of directors.
(2) This section prescribes criteria for the purposes of section 26 (2) (f) of the Act.
Section 6 (1.1) was added by BC Reg 172/2021, effective June 30, 2021.
Section 6 (3) BEFORE repealed by BC Reg 172/2021, effective June 30, 2021.
(3) An applicant for a retail store licence or group of related persons must not hold more than 8 retail store licences.
Section 6 (1.1), (2) and (4) (part) BEFORE amended by BC Reg 199/2022, effective November 30, 2022.
(1.1) For the purposes of section 26 (3.1) (a) and (b) of the Act, the prescribed number of licences is 8 licences.
(2) Subsections (4) and (5) prescribe criteria for the purposes of section 26 (2) (f) of the Act.
(4) One or more corporations, referred to in paragraphs (a) to (c) as the licence-holding corporations, must not hold more than 8 retail store licences in any of the following situations:
Section 6 (5) (a) to (c) BEFORE amended by BC Reg 199/2022, effective November 30, 2022.
(a) likely have direct or indirect influence over licensees who hold more than 8 retail store licences,
(b) likely be able to affect, directly or indirectly, the activities carried out under more than 8 retail store licences, or
(c) have the influence referred to in paragraph (a) or the ability to affect activities referred to in paragraph (b) with respect to more than 8 retail store licences.
Section 7 (1) and (2) BEFORE amended by BC Reg 199/2022, effective November 30, 2022.
(1) It is a requirement of a retail store licence that, during the term of the licence, no person or group of related persons
(a) holds or has control over the licence and more than 7 other licences, and
(b) has influence over the licensee and other licensees who together hold more than 8 licences.
(2) It is a requirement of a retail store licence that, during the term of the licence, the criteria under section 6 (4) and (5) in respect of the licence continue to be met.
Section 9 (2) BEFORE amended by BC Reg 144/2022, effective June 24, 2022.
(2) A retail store licensee must not sell, under a retail store licence, cannabis that it purchased from the government unless the licence was identified by the licensee under subsection (1).
Section 9 (3) BEFORE repealed by BC Reg 144/2022, effective June 24, 2022.
(3) The general manager may exempt a retail store licensee from subsection (2) subject to the condition that the cannabis is sold under a retail store licence held by the licensee.
Section 10.01 was renumbered from section 21.1 by BC Reg 144/2022, effective June 24, 2022.
Section 10.01 (f) was added by BC Reg 144/2022, effective June 24, 2022.
Section 10.1 (a) BEFORE amended by BC Reg 156/2021, effective June 17, 2021.
(a) designated by a marketing licensee or an applicant for a marketing licence to take, on behalf of the licensee or applicant, the type of training prescribed under section 20 (6) of the Worker Qualification Regulation, and
Section 11.01 (a) BEFORE amended by BC Reg 156/2021, effective June 17, 2021.
(a) if the applicant is an individual, the applicant holds a training certificate for the type of training prescribed under section 20 (6) of the Worker Qualification Regulation, and
Section 11.1 BEFORE repealed by BC Reg 172/2021, effective June 30, 2021.
Terms and conditions
11.1 (1) The general manager may impose terms and conditions on a marketing licence respecting all matters related to the promotion of cannabis for the purpose of selling it, including, without limitation, respecting one or more of the following:
(a) to whom the promotional activities may be directed;
(b) the type of cannabis that may be promoted;
(c) the licensee's clients and the means of proving that a licensee is authorized to promote cannabis on behalf of a client;
(d) promoting cannabis for medical purposes;
(e) promotional events and hospitality;
(f) means of identifying employees and other representatives of the licensee;
(g) promotional activities while conducting surveys or market research;
(h) samples, coupons and other promotional items.
(2) The general manager may impose terms and conditions under subsection (1) that apply to all marketing licences and section 30 of the Act applies, with the necessary changes, to such terms and conditions.
(3) The general manager may impose terms and conditions under subsection (1) that apply to one or more, but not all, marketing licences and section 31 of the Act applies, with the necessary changes, to such terms and conditions.
(4) Terms and conditions may establish and provide differently for different classes of matters or things.
(5) Terms and conditions are subject to the Act and this regulation.
[en. B.C. Reg. 173/2019, s. 1.]
Section 11.2 BEFORE amended by BC Reg 156/2021, effective June 17, 2021.
Marketing licensees who are not individuals — training
11.2 A marketing licensee that is not an individual must have, during the term of the marketing licence, a designated representative who holds a training certificate for the type of training prescribed under section 20 (6) of the Worker Qualification Regulation.
Section 13 (1) BEFORE amended by BC Reg 199/2022, effective November 30, 2022.
(1) For the purposes of section 33 (1) of the Act with respect to issuing licences, the prescribed class of licence is the retail store licence.
Part 2, Division 5 heading BEFORE re-enacted by BC Reg 238/2020, effective September 20, 2020.
Division 5 — Fit and Proper Determination by Security Manager
Part 2, Division 5 BEFORE repealed by BC Reg 172/2021, effective June 30, 2021.
Definition of "security manager"
14 In this Division, "security manager" means the security manager appointed under section 15.
Appointment of security manager
15 The minister must appoint, under the Public Service Act, a security manager for the purposes of this Division.
Delegation by security manager
16 The security manager may delegate, with or without conditions, one or more of the security manager's powers and duties under this Division, except the power under this section to delegate, to
Powers and duties of security manager
18 (1) In this section, "associate", in respect of a licensee or applicant, means a person that, in the general manager's or security manager's opinion,
(a) may have direct or indirect influence over the licensee or applicant, or
(b) may be able to affect, directly or indirectly, the activities carried out under the licence or licence applied for.
(2) On the general manager's request, the security manager must provide the general manager with the security manager's opinion about whether an applicant or licensee is fit and proper.
(3) In forming an opinion about whether a licensee or applicant is fit and proper, the security manager may take into account
(a) an associate of the licensee or applicant, and
(b) a person who has a connection to an associate of the licensee or applicant.
(4) In forming an opinion about whether a licensee or applicant is fit and proper, the security manager may conduct background investigations and the checks set out in subsection (5) that the security manager considers necessary in respect of
(a) the licensee or applicant,
(b) an associate of the licensee or applicant who the security manager considers relevant, and
(c) a person that the security manager considers relevant who has a connection to the associate.
(5) The following checks may be conducted for the purposes of subsection (4):
(a) a criminal record check or fingerprint-based criminal record verification by searching the Canadian Police Information Centre database;
(b) a police information check;
(c) a check of intelligence databases maintained by law enforcement agencies;
(d) a check of records in the justice information system of the Ministry of Attorney General;
(e) a check of records in the corrections information system of the Ministry of Public Safety and Solicitor General.
(6) The security manager may, for the purpose of forming an opinion about whether a licensee or applicant is fit and proper, require the licensee, applicant, associate or person referred to in subsection (4) to provide, within the time specified by the security manager,
(a) information or records specified by the security manager relating to one or more of the licensee, applicant, associate or person,
(b) fingerprints of the licensee, applicant, associate or person, and
(c) consents of the licensee, applicant, associate or person to enable the security manager to conduct investigations and checks.
[am. B.C. Reg. 238/2020, s. 3.]
Death or bankruptcy of licensee
19 (1) On the general manager's request, the security manager must provide the general manager with the security manager's opinion about whether the following persons are fit and proper:
(a) an executor or administrator of the estate of a licensee who has died;
(b) a person referred to in section 29 (2) of the Act who has been appointed for a licensee.
(2) Section 18 of this regulation applies to the forming of the security manager's opinion referred to in subsection (1) of this section as though the executor, administrator or appointed person is a licensee.
(3) If the security manager provides the general manager with an opinion that an executor, administrator or appointed person is not fit and proper, the general manager may do one or more of the following:
(a) cancel the licence of the licensee referred to in subsection (1);
(b) suspend the licence for the period the general manager considers appropriate;
(c) order a transfer of the licence within the period the general manager specifies.
[am. B.C. Reg. 238/2020, s. 4.]
Collection of information
20 Section 10 of the Act applies to the security manager and references to the general manager in that section must be read as including the security manager.
Providing information, records, fingerprints or consents
21 (1) A person must not provide information or a record required by the security manager under section 18 (6) that
(a) contains false or misleading information, or
(b) fails to disclose a material fact.
(2) A person must not provide fingerprints required by the security manager under section 18 (6) for an individual that
(b) are not the fingerprints of the individual.
(3) A person must not provide a consent required by the security manager under section 18 (6) that has been forged or fraudulently made.
Section 18 (1) (part), (2), (3) (part), (4) (part) and (6) (part) BEFORE amended by BC Reg 238/2020, effective September 20, 2020.
(1) In this section, "associate", in respect of a licensee or applicant, means a person that, in the security manager's opinion,
(2) In addition to determining whether an applicant is fit and proper, the security manager may at any time determine whether a licensee is fit and proper.
(3) In determining whether a licensee or applicant is fit and proper, the security manager may take into account
(4) In determining whether a licensee or applicant is fit and proper, the security manager may conduct background investigations and the checks set out in subsection (5) that the security manager considers necessary in respect of
(6) The security manager may, for the purpose of determining whether a licensee or applicant is fit and proper, require the licensee, applicant, associate or person referred to in subsection (4) to provide, within the time specified by the security manager,
Section 19 (1) (part), (2) and (3) (part) BEFORE amended by BC Reg 238/2020, effective September 20, 2020.
(1) The security manager may determine whether the following persons are fit and proper:
(2) Section 18 of this regulation applies to the fit and proper determination under subsection (1) of this section as though the executor, administrator or appointed person is a licensee.
(3) If the security manager determines that an executor, administrator or appointed person is not fit and proper, the general manager must do one or more of the following:
Section 21.1 BEFORE amended by BC Reg 157/2021, effective July 15, 2021.
Prescribed persons — possession
21.1 For the purposes of section 14 (j) of the Act, the following persons are prescribed:
(a) a person who purchased cannabis from a licensee through an online system or by telephone if the transfer of personal possession of cannabis from the licensee to the person took place in the retail store of the licensee;
(b) a person who was given cannabis that was purchased as described in paragraph (a).
[en. B.C. Reg. 197/2020, s. 4.]
Section 22 (b) and (c) BEFORE repealed by BC Reg 172/2021, effective June 30, 2021.
(b) information, records, fingerprints and consents required by the security manager in respect of the application have not been provided to the security manager in compliance with section 18 (6) of this regulation;
(c) the applicant contravenes section 21 of this regulation.
Section 24 (3) (b.1) (i.1) and (i.2) and (e.1) were added by BC Reg 160/2022, effective July 8, 2022.
Section 24 (3) (c) BEFORE amended by BC Reg 199/2022, effective October 4, 2022.
(c) when cannabis is disposed of, records setting out the date, location and method of disposal and the type and amount of cannabis;
Section 27 (2) BEFORE repealed by BC Reg 206/2021, effective July 14, 2021.
(2) The prescribed circumstances for the purposes of section 37 (5) of the Act are that the licensee has satisfied the general manager that
(a) the establishment ceased operations during the period prescribed under subsection (1) of this section because the establishment was substantially damaged by fire, flood or other event beyond the licensee's control,
(b) the establishment required extensive renovations as a result of the event, those renovations were started within the prescribed period and work on the renovations continues to the end of the prescribed period, and
(c) after the prescribed period, work on the renovations is continuous to the restart of operations in the establishment.
Section 29 (1) (a) BEFORE repealed by BC Reg 197/2020, effective August 4, 2020.
(a) section 5 (1) (b) [licensee selling cannabis through online system];
Section 29 (1) (c) BEFORE repealed by BC Reg 172/2021, effective June 30, 2021.
(c) section 21 (1), (2) or (3) [providing false information, records, fingerprints or consents to security manager].
Schedule 2, table item 20 BEFORE repealed by BC Reg 31/2019, effective February 25, 2019.
| 20 | Contravention of section 5 (1) (o) of this regulation [appearing to be associated with another business other than a retail store] | $3 000–$7 000 | $7 000–$11 000 | $11 000–$15 000 | 3–7 | 7–11 | 11–15 |
Schedule 2, item 12 BEFORE repealed by BC Reg 124/2023, effective May 19, 2023.
| 12 | Failure to comply with term and condition restricting the display of cannabis or cannabis accessories in view of minors | $7 000 – $11 000 | $11 000 – $15 000 | $15 000 – $25 000 | 7 – 11 | 11 – 21 | 21 – 41 |
Schedule 2, heading after item 19 BEFORE amended by BC Reg 124/2023, effective May 19, 2023.
| Advertising and Branding |
Schedule 2, item 20.1 was added by BC Reg 124/2023, effective May 19, 2023.
Schedule 2, item 21 BEFORE amended by BC Reg 124/2023, effective May 19, 2023.
| 21 | Failure to comply with term and condition restricting advertising, promoting or displaying cannabis or cannabis accessories | $3 000 – $7 000 | $7 000 – $11 000 | $11 000 – $15 000 | 3 – 7 | 7 – 11 | 11 – 15 |