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Volume 64, No. 14
172/2021
The British Columbia Gazette, Part II
July 13, 2021

B.C. Reg. 172/2021, deposited June 30, 2021, under the PUBLIC SAFETY AND SOLICITOR GENERAL STATUTES AMENDMENT ACT, 2021 [section 61] and the CANNABIS CONTROL AND LICENSING ACT [sections 127 and 133]. Order in Council 378/2021, approved and ordered June 30, 2021.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that

(a) sections 1 to 22, 24 to 33, 38 to 51 and 54 to 58 of the Public Safety and Solicitor General Statutes Amendment Act, 2021, S.B.C. 2021, c. 15, are brought into force,

(b) the Cannabis Licensing Regulation, B.C. Reg. 202/2018, is amended as set out in the attached Appendix,

(c) sections 5, 7, 28 (c) and (d), 34, 35 and 36 of the Cannabis Control Regulation, B.C. Reg. 204/2018, are repealed, and

(d) the Cannabis Control and Licensing Transitional Regulation, B.C. Reg. 203/2018, is repealed.

— M. FARNWORTH, Minister of Public Safety and Solicitor General; R. FLEMING, Presiding Member of the Executive Council.

Appendix

1 The Cannabis Licensing Regulation, B.C. Reg. 202/2018, is amended by adding the following section to Part 1:

Definition for Act and regulation

2.1 In the Act and this regulation, "group of related persons" 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.

2 Section 6 is amended

(a) by repealing subsection (1) and substituting the following:

(1) In this section, "significant shareholder", 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. ,

(b) by adding the following subsection:

(1.1) For the purposes of section 26 (3.1) (a) and (b) of the Act, the prescribed number of licences is 8 licences. ,

(c) in subsection (2) by striking out "This section prescribes" and substituting "Subsections (4) and (5) prescribe", and

(d) by repealing subsection (3).

3 Section 7 is repealed and the following substituted:

Application of section 6 to licence

7 (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.

4 Section 11.1, Division 5 of Part 2 and sections 22 (b) and (c) and 29 (1) (c) are repealed.

5 The following section is added:

Checks for fit and proper determinations

22.1 For the purposes of section 29.4 (1) of the Act, the following checks are prescribed:

(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.


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