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"Point in Time" Regulation Content

Cannabis Control and Licensing Act

Cannabis Licensing Regulation

B.C. Reg. 202/2018

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 August 4, 2020
Section 4 August 4, 2020
Section 5 February 25, 2019
June 18, 2020
August 4, 2020
Section 10.1 September 30, 2020
Section 11 July 19, 2019
Section 11.01 September 30, 2020
Section 11.1 July 19, 2019
Section 11.2 September 30, 2020
Section 12.1 July 19, 2019
Part 2 Division 5 September 20, 2020
Section 17 September 20, 2020
Section 18 September 20, 2020
Section 19 September 20, 2020
Section 21.1 August 4, 2020
Section 24 September 30, 2020
Section 26 February 4, 2020
Section 29 August 4, 2020
Schedule 2 February 25, 2019

 Section 1 definition of "online system" was added by BC Reg 197/2020, effective August 4, 2020.

 Section 4, paragraph (a.1) was added by BC Reg 197/2020, effective August 4, 2020.

 Section 5 (1) (o) BEFORE repealed by BC Reg 31/2019, effective February 25, 2019.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:

(i) cannabis accessories;

(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 10.1 was enacted by BC Reg 78/2020, effective September 30, 2020.

 Section 11 BEFORE re-enacted by BC Reg 173/2019, effective July 19, 2019.

Authorized activities

11   A marketing licence authorizes the licensee to

(a) promote cannabis for the purpose of selling it,

(b) solicit, receive and take orders for the sale or purchase of cannabis, and

(c) act as an agent for the sale or purchase of cannabis.

 Section 11.01 was enacted by BC Reg 78/2020, effective September 30, 2020.

 Section 11.1 was enacted by BC Reg 173/2019, effective July 19, 2019.

 Section 11.2 was enacted by BC Reg 78/2020, effective September 30, 2020.

 Section 12.1 was enacted by BC Reg 173/2019, effective July 19, 2019.

 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

 Section 17 BEFORE repealed by BC Reg 238/2020, effective September 20, 2020.

Mandatory requirement for licence

17   In addition to the requirements set out in section 26 (2) of the Act, the general manager must not issue, renew, transfer or amend a licence if, in the security manager's opinion, the applicant is not fit and proper as determined in accordance with section 18.

 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 was enacted by BC Reg 197/2020, effective August 4, 2020.

 Section 24 (3) (k), (7) (f) and (8) were added by BC Reg 78/2020, effective September 30, 2020.

 Section 26 BEFORE re-enacted by BC Reg 14/2020, effective February 4, 2020.

Minimum cannabis prices

26   A licensee must not sell to a patron cannabis that the licensee purchased from the government for a price that is less than the price the licensee paid to the government for the cannabis.

 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];

 Schedule 2, table item 20 BEFORE repealed by BC Reg 31/2019, effective February 25, 2019.

20Contravention 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 0003–77–1111–15