jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 (1) In this Act, “Board” means the board of the Commission; (“conseil”) “cannabis” means cannabis with respect to which the Cannabis Control Act, 2017 applies; (“cannabis”) “cannabis retail store” means a store operated under the authority of a retail store authorization; (“magasin de vente au détail de cannabis”) “Commission” means the Alcohol and Gaming Commission of Ontario continued under the Alcohol and Gaming Commission of Ontario Act, 2019; (“Commission”) “council of the band” has the same meaning as in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”) “distribute”, “Ontario Cannabis Retail Corporation” and “sell” have the same meaning as in the Cannabis Control Act, 2017; (“distribuer”, “Société ontarienne de vente du cannabis”, “vente”) “Indian” has the same meaning as in subsection 2 (1) of the
Indian Act (Canada); (“Indien”) “Minister” means the Attorney General or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “municipality” means a local municipality; (“municipalité”) “prescribed” means prescribed by the regulations; (“prescrit”) “Registrar” means the Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019; (“registrateur”) “regulations” means the regulations made under this Act; (“règlements”) “reserve” means a reserve as defined in subsection 2 (1) of the Indian Act (Canada) or an Indian settlement located on Crown land, the Indian inhabitants of which are treated by Indigenous and Northern Affairs Canada in the same manner as Indians residing on a reserve; (“réserve”) “Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999. (“Tribunal”) 2018, c. 12, Sched. 2, s. 1 (1); 2019, c. 15, Sched. 1, s. 20 (1, 2); 2021, c. 34, Sched. 2, s. 1. Interpretation, interested in another person (2) For the purposes of this Act, a person is interested in another person if the first person, (a) has, or may have in the opinion of the Registrar based on reasonable grounds, a beneficial interest of any kind, either directly or indirectly, in the other person’s business, including but not limited to a holder, directly or indirectly, of shares or other securities; (b) exercises, or may exercise in the opinion of the Registrar based on reasonable grounds, direct or indirect control over the other person’s business; or (c) has provided, or may have provided in the opinion of the Registrar based on reasonable grounds, direct or indirect financing to the other person’s business. 2018, c. 12, Sched. 2, s. 1 (2). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 1, s. 20 (1, 2) - 29/11/2021 2021, c. 34, Sched. 2, s. 1 - 02/12/2021
2 This Act does not apply with respect to the Ontario Cannabis Retail Corporation. Licences and Authorizations
7 (1) The holder of a retail store authorization must ensure that cannabis begins to be sold at the cannabis retail store by the first anniversary of the day the authorization is issued, and that cannabis continues to be sold at the store after that date. 2018, c. 12, Sched. 2, s. 7 (1). Use of seal (2) Cannabis may not be sold by the holder of a retail store authorization unless the holder displays, in the prescribed manner, the prescribed cannabis retail seal. 2018, c. 12, Sched. 2, s. 7 (2). Minimum pricing (3) If the regulations so provide, the holder of a retail store authorization shall not sell cannabis or a prescribed class of cannabis at a price that is lower than the prescribed price for the cannabis or class of cannabis. 2018, c. 12, Sched. 2, s. 7 (3). Restrictions on corporate operations, s. 69 of Cannabis Act (Canada) (4) The holder of a retail store authorization, (a) shall not sell or distribute cannabis unless the cannabis has been produced by a person or entity that is authorized under the Cannabis Act (Canada) to produce cannabis for commercial purposes; (b) shall not sell or distribute cannabis to an individual under 19 years of age and, for the purpose, subsections 7 (2) and (3) of the Cannabis Control Act, 2017 and the regulations made for the purposes of those subsections apply with necessary modifications; (c) shall keep appropriate records, in accordance with the regulations and any applicable standards and requirements established under section 26 of this Act, respecting its activities in relation to cannabis that it possesses; (d) shall take adequate measures, in accordance with the regulations and any applicable standards and requirements established under section 26, to reduce the risk of cannabis it possesses being diverted to an illicit market or activity. 2018, c. 12, Sched. 2, s. 7 (4); 2021, c. 34, Sched. 2, s. 3. Intoxicated persons (5) The holder of a retail store authorization shall not sell or distribute cannabis to a person who is or appears to be intoxicated. 2018, c. 12, Sched. 2, s. 7 (5). Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 3 - 15/03/2022
8 (1) The holder of a licence or authorization issued under this Act may apply to the Registrar for the renewal of the licence or authorization. Timing (2) An application for the renewal of a licence or authorization must be made before the licence or authorization expires or such other time as may be specified by the Registrar. Renewal, refusal (3) The Registrar shall, (a) subject to clause (b), grant the renewal, if the holder has met the application requirements and paid the required fee; or (b) issue a proposal to refuse to renew the licence or authorization, (i) if the holder has contravened or failed to comply with this Act or the regulations, or (ii) on the basis of a ground under subsection 3 (4) in the case of a retail operator licence, subsection 4 (6), other than paragraphs 5 and 6, in the case of a retail store authorization or subsection 5 (4) in the case of a cannabis retail manager licence, that would disentitle the holder to be issued the licence or authorization if the holder were an applicant. Continuance pending decision (4) If the holder of a licence or authorization issued under this Act has met the renewal application requirements and paid the required fee, the licence or authorization is deemed to continue, (a) until the renewal is granted; or (b) if the Registrar issues a notice of a proposal to refuse to renew the licence or authorization, until the time for giving notice requesting a hearing has expired under subsection 14 (2) and, if a hearing is requested, until the order has become final.
9 (1) The Registrar may make such inquiries and conduct such investigations into the character, financial history and competence of any of the following persons as are necessary to determine, for the purposes of an application for a licence or authorization under this Act or for the renewal of a licence or authorization, whether the applicant or holder meets the requirements for a licence, authorization or renewal, as the case may be: 1. The applicant or holder. 2. Persons interested in the applicant or holder. 3. In the case of an application for the renewal or issuance of a retail store authorization, persons interested in the cannabis retail store or proposed cannabis retail store with respect to which the authorization is or would be issued. 4. If the applicant or holder is a corporation, a director, officer or shareholder of a person referred to in paragraph 1, 2 or 3. 5. Any individual employed in a cannabis retail store. Interpretation, interested in store (2) For the purposes of paragraph 3 of subsection (1), persons interested in a cannabis retail store or proposed cannabis retail store include a landlord or owner of the premises, a mortgagee or any person with an interest in the assets of the applicant or holder’s cannabis retail business or in the store property, fixtures or inventories. Costs (3) The applicant or holder shall pay the reasonable costs of the inquiries or investigations or provide security to the Registrar in a form acceptable to the Registrar for the payment. Collection of information (4) The Registrar may require information, including personal information, or material from any person who is the subject of the inquiries or investigations and may request information, including personal information, or material from any person or entity who the Registrar has reason to believe can provide information or material relevant to the inquiries or investigations. Verification of information (5) The Registrar may require that any information provided under subsection (4) be verified by statutory declaration. Disclosure (6) An institution subject to the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act is authorized to disclose to the Registrar the information, including personal information, or material that the Registrar requests from the institution under subsection (4), and such disclosure is deemed to comply with those Acts.
10 An application for a licence or authorization under this Act, or for the renewal of a licence or authorization, shall be in the form approved by the Registrar. Revocation, suspension
11 (1) The Registrar may issue a proposal to revoke or to suspend a licence or authorization issued under this Act, (a) if the Registrar believes on reasonable grounds that the holder has contravened or failed to comply with this Act or the regulations; or (b) on the basis of a ground under subsection 3 (4) in the case of a retail operator licence, subsection 4 (6), other than paragraphs 5 and 6, in the case of a retail store authorization or subsection 5 (4) in the case of a cannabis retail manager licence, that would disentitle the holder to be issued the licence or authorization if the holder were an applicant. Suspension without proposal (2) The Registrar may suspend a licence or authorization issued under this Act without issuing a proposal if the Registrar considers it to be necessary in the public interest. Revocation without proposal (3) Despite subsections (1) and (2), the Registrar shall revoke a licence or authorization issued under this Act without issuing a proposal if the holder or any other prescribed person is convicted for contravening, (a) section 6, 7 or 13 of the Cannabis Control Act, 2017; (b) section 10 of the Cannabis Act (Canada); or (c) any other prescribed provision of the Cannabis Control Act, 2017, the Cannabis Act (Canada) or the regulations made under either of them. Notice and immediate effect (4) The Registrar shall serve notice of a suspension under subsection (2) or of a revocation under subsection (3) on the holder together with written reasons, and the suspension or revocation takes effect immediately on the holder being served. Notice requesting hearing (5) The holder may request a hearing by the Tribunal of a suspension under subsection (2) or a revocation under subsection (3) if, no later than 15 days after being served with notice of the suspension or revocation, the holder mails or delivers to the Tribunal and to the Registrar a written notice requesting the hearing. Same (6) A notice served under subsection (4) shall inform the holder of the entitlement to a hearing under subsection (5), and of the requirements of that subsection. Effect of revocation, suspension on related licence, authorization
12 (1) If a holder’s retail operator licence is revoked or fails to be renewed, any retail store authorizations held by the holder are revoked from the time of the licence revocation or non-renewal. Effect of suspension of retail operator licence (2) If a holder’s retail operator licence is suspended, any retail store authorizations held by the holder are suspended from the time of the licence suspension and for its duration. Effect of revocation, non-renewal of retail store authorization (3) If a retail store authorization is revoked or fails to be renewed and the Registrar considers it appropriate in the circumstances to do so, the Registrar may, without issuing a proposal, revoke or suspend, (a) any other retail store authorization held by the same holder; (b) the holder’s retail operator licence; or (c) both. Effect of suspension of retail store authorization (4) If a retail store authorization is suspended and the Registrar considers it appropriate in the circumstances to do so, the Registrar may, without issuing a proposal, suspend, (a) any other retail store authorization held by the same holder; (b) the holder’s retail operator licence; or (c) both. Notice (5) The Registrar shall give notice of a revocation or suspension under this section to the holder. Application (6) This section applies despite section 11, other than subsection 11 (3).
13 (1) Subject to subsection (2), the Registrar may cancel a licence or authorization issued under this Act on the holder’s request if the holder, (a) makes the request to the Registrar in writing; and (b) surrenders the licence or authorization to the Registrar. Holder of retail operator licence and authorization (2) If a holder of a retail operator licence who is also the holder of one or more retail store authorizations wishes to have the licence cancelled, (a) the holder shall surrender each authorization to the Registrar together with the licence; and (b) each authorization is cancelled together with the licence.
14 (1) If the Registrar issues a proposal under this Act, the Registrar shall serve notice of the proposal together with written reasons on the applicant or holder. Notice requesting hearing (2) The applicant or holder may request a hearing by the Tribunal of the matter being proposed if, no later than 15 days after being served with notice of the proposal, the applicant or holder mails or delivers to the Tribunal and to the Registrar a written notice requesting the hearing. Same (3) A notice of a proposal shall inform the applicant or holder of the entitlement to a hearing under subsection (2), and of the requirements of that subsection. No hearing (4) If the person on whom notice of a proposal is served does not request a hearing by the Tribunal, the Registrar may carry out the proposal stated in the notice.
15 (1) If a person requests a hearing in accordance with section 11 or 14, the Tribunal shall schedule and hold the hearing. Order (2) After holding a hearing, the Tribunal may by order, (a) confirm or set aside the proposal or decision of the Registrar; and (b) direct the Registrar to take any action specified by the Tribunal that it considers appropriate to give effect to the purposes of this Act. Discretion of Tribunal (3) In setting aside a proposal or decision under clause (2) (a), the Tribunal may substitute its opinion for that of the Registrar. Terms, conditions (4) The Tribunal may attach such terms to its order, or such conditions to the licence or authorization that is the subject of the hearing, as it considers appropriate. Registrar shall comply (5) The Registrar shall comply with any direction of the Tribunal made under clause (2) (b).
16 Every applicant for or holder of a licence or authorization issued under this Act shall, no later than five days after any change in address for service, serve on the Registrar, in the manner specified by the Registrar, written notice of the change.
18 The holder of a retail store authorization may only sell or charge for, (a) cannabis that was purchased by the holder directly from the Ontario Cannabis Retail Corporation, in the packaging in which it was purchased from the Ontario Cannabis Retail Corporation, subject to the regulations; and (b) any other products or services that may be prescribed. 2021, c. 34, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 4 - 15/03/2022
19 The holder of a retail store authorization may only purchase cannabis for sale under the retail store authorization from the Ontario Cannabis Retail Corporation, subject to the regulations. 2021, c. 34, Sched. 2, s. 4; 2023, c. 9, Sched. 5, s. 2. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 4 - 15/03/2022 2023, c. 9, Sched. 5, s. 2 - 08/06/2023
20 The holder of a retail store authorization shall ensure that cannabis sold by the holder is distributed only, (a) in person in the cannabis retail store or in an area immediately adjacent to it; or (b) by delivery. 2021, c. 34, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 4, s. 2 - 10/12/2019 2021, c. 34, Sched. 2, s. 4 - 15/03/2022
21 (1) In this section, “maximum permissible cannabis amount” means 30 grams of dried cannabis or the equivalent amount of another class of cannabis determined in accordance with Schedule 3 to the Cannabis Act
(Canada), or such other amount as may be prescribed. 2019, c. 15, Sched. 4, s. 2. Limit on amount sold in person at cannabis retail store (2) The holder of a retail store authorization shall ensure that the amount of cannabis sold to an individual in person at the cannabis retail store in a single visit, whether in single or multiple transactions, does not exceed the maximum permissible cannabis amount. 2019, c. 15, Sched. 4, s. 2. Limit on amount sold, online or telephone sales (3) The holder of a retail store authorization shall ensure that the amount of cannabis sold to an individual by the cannabis retail store in a single transaction online or over the telephone does not exceed the maximum permissible cannabis amount. 2019, c. 15, Sched. 4, s. 2. Limit on distribution (4) The holder of a retail store authorization shall ensure that the amount of cannabis distributed to an individual during a single visit in person or by delivery does not exceed the maximum permissible cannabis amount. 2021, c. 34, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 4, s. 2 - 10/12/2019 2021, c. 34, Sched. 2, s. 5 - 15/03/2022
22 The holder of a retail store authorization shall ensure that cannabis is sold only through recorded sales. 2021, c. 34, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 6 - 15/03/2022
23 The holder of a retail store authorization shall not employ an individual under 19 years of age. 2021, c. 34, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 6 - 15/03/2022
24 (1) In the event of the revocation, cancellation or non-renewal of a retail store authorization, the person who held the authorization shall comply with the requirements specified by the Registrar respecting any cannabis left unsold or undistributed as a result of the revocation, cancellation or non-renewal. Same (2) In the event of the revocation, cancellation or non-renewal of a retail operator licence, the person who held the licence shall comply with the requirements specified by the Registrar respecting any cannabis left unsold or undistributed as a result of the revocation, cancellation or non-renewal.
25 (1) No individual may perform any of the functions set out in subsection 5 (1) in respect of a cannabis retail store unless the individual is, (a) the holder of a cannabis retail manager licence; or (b) the holder of a retail operator licence. Same (2) The holder of a retail store authorization shall not employ an individual to perform any of the functions set out in subsection 5 (1) in respect of a cannabis retail store unless the individual is the holder of a cannabis retail manager licence. Same (3) The holder of a cannabis retail manager licence shall perform his or her functions and duties in relation to the cannabis retail store in which the holder is employed in a manner that is consistent with the requirements of sections 18 to 24.
26 (1) The Registrar may establish standards and requirements respecting the following matters relating to the conduct of holders of licences or authorizations issued under this Act or to the operation of cannabis retail stores: 1. Store premises, equipment and facilities, including surveillance and security. 2. The prevention of unlawful activities, including prohibiting or restricting certain individuals from entering cannabis retail stores. 3. Advertising and promotional activities. 4. Training and other measures relating to the responsible use, sale or distribution of cannabis. 5. The protection of assets, including money and money equivalents. 6. The keeping of records, including financial records. 7. Reasonable measures to maintain the confidentiality and security of records, including measures to securely dispose of records and to prevent unauthorized access to records. 8. Compliance with a cannabis tracking system established under section 81 of the Cannabis Act
(Canada). 9. Any other matter relating to the conduct of holders of licences or authorizations issued under this Act or to the operation of cannabis retail stores that may be prescribed. 2018, c. 12, Sched. 2, s. 26 (1); 2019, c. 15, Sched. 4, s. 3 (1); 2021, c. 34, Sched. 2, s. 7. Conflict (2) In the event of a conflict or inconsistency, the regulations prevail over the standards and requirements established under subsection (1) to the extent of the conflict or inconsistency. 2019, c. 15, Sched. 4, s. 3 (2). Publication (3) The Registrar shall publish the standards and requirements on the Commission’s website or by any other method that may be prescribed. 2018, c. 12, Sched. 2, s. 26 (3). Effective date (4) Standards and requirements established under subsection (1) take effect on the date they are published under subsection (3) or on such later date as the Registrar may specify, and the effective date shall be published together with the standards and requirements. 2018, c. 12, Sched. 2, s. 26 (4). Not regulations (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to standards and requirements established under subsection (1). 2018, c. 12, Sched. 2, s. 26 (5). Duty to comply (6) Subject to subsection (2), every holder of a licence or authorization issued under this Act shall comply with the standards and requirements established under subsection (1). 2018, c. 12, Sched. 2, s. 26 (6); 2019, c. 15, Sched. 4, s. 3 (3). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 4, s. 3 (1-3) - 10/12/2019 2021, c. 34, Sched. 2, s. 7 - 15/03/2022 Enforcement
27 (1) The Registrar may designate persons employed by the Commission or other persons as inspectors for the purpose of carrying out inspections to ensure compliance with this Act and the regulations. Certificate (2) A person designated under subsection (1) who is acting as an inspector under this Act shall, on request, produce his or her certificate of designation.
28 (1) For the purposes of carrying out an inspection to ensure compliance with this Act and the regulations, an inspector may at any reasonable time enter any place, other than any place or part of a place that is actually used as a dwelling, that is used by the holder of a retail store authorization in relation to the authorization. Powers of inspector (2) An inspector conducting an inspection may, (a) examine records or anything else that is relevant to the inspection, including examining and opening any receptacle or package; (b) demand the production of a record or any other thing that is relevant to the inspection; (c) on issuing a written receipt for it, remove a record or any other thing that is relevant to the inspection for review, examination or testing; (d) on issuing a written receipt for it, remove a record or any other thing that is relevant to the inspection for copying; (e) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place; (f) take photographs or make any other kind of recording; and (g) inquire into all financial transactions, records and other matters that are relevant to the inspection. Written demand (3) A demand under this section that a record or any other thing be produced must be in writing and must include a statement of the nature of the record or thing required. Obligation to produce and assist (4) If an inspector demands that a record or any other thing be produced under this section, the person who has custody of the record or thing shall produce it and, in the case of a record, on request, shall provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form. Records and things removed from place (5) A record or other thing that has been removed for review, examination, testing or copying, (a) shall be made available on request to the person from whom it was removed and at a time and place that are convenient for the person and for the inspector; and (b) shall be returned to the person within a reasonable time, unless, in the case of a thing that has been subject to testing, the thing has been made unsuitable for return as a result of the testing. Copy admissible in evidence (6) A copy of a record or other thing that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value. Seizure (7) An inspector conducting an inspection may seize anything the inspector discovers that the inspector reasonably believes not to be in compliance with this Act or the regulations. Same (8) Subject to section 35, an inspector who seizes a thing under subsection (7) shall, in accordance with the direction of the Registrar, either return it within a reasonable time or dispose of it. Assistance (9) An inspector is entitled to call upon such experts as are necessary to assist in an inspection. Duty to facilitate (10) Every holder of a licence or authorization issued under this Act shall facilitate inspections under this Act.
29 (1) The Registrar may appoint any person to be an investigator for the purpose of determining whether there has been a contravention of or failure to comply with this Act or the regulations. Investigators by default (2) Police officers and individuals who exercise the powers of a police officer are deemed to be investigators. Certificate (3) The Registrar shall issue a certificate of appointment to every investigator, other than to individuals referred to in subsection (2). Proof of appointment (4) Every investigator who exercises powers under this Act shall, upon request, produce the certificate of appointment as an investigator or identification as an individual referred to in subsection (2).
31 An investigator who is lawfully present in a place or conveyance pursuant to a warrant or otherwise in the execution of the investigator’s duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of or failure to comply with this Act or the regulations. 2018, c. 12, Sched. 2, s. 31; 2021, c. 34, Sched. 2, s. 9. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 9 - 15/03/2022
32 (1) An investigator may exercise any of the powers described in subsection 30 (2) without a warrant, if the conditions for obtaining the warrant exist but, by reason of exigent circumstances, the investigator determines that it would be impracticable to obtain the warrant. 2018, c. 12, Sched. 2, s. 32 (1). Dwellings (2) Subsection (1) does not apply to a place or conveyance or part of a place or conveyance that is actually being used as a dwelling. 2018, c. 12, Sched. 2, s. 32 (2); 2021, c. 34, Sched. 2, s. 10. Use of force (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary. 2018, c. 12, Sched. 2, s. 32 (3). Applicability of s. 30 (4) Subsections 30 (3), (9) and (10) apply, with necessary modifications, to a search under this section. 2018, c. 12, Sched. 2, s. 32 (4). Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 2, s. 10 - 15/03/2022
33 Section 33 of the Public Inquiries Act, 2009 applies to an investigation by an investigator under this Act.
34 Subject to section 35, an investigator who seizes anything as a result of an investigation under this Act may make a copy of it, and shall, in accordance with the direction of the Registrar, either return it within a reasonable time or dispose of it.
35 (1) The Ontario Court of Justice may, on the application of any person made within 30 days of a seizure authorized under this Act, order that the things seized be restored without delay to the applicant if the court is satisfied that, (a) the applicant is entitled to possession of the things seized; (b) the things seized are not required as evidence in any proceeding; (c) continued detention of the things seized is not necessary to prevent the commission of an offence; and (d) it is unlikely that the things will be forfeited on conviction in accordance with an order made under subsection (4). Same (2) If the court is satisfied that the applicant is entitled to possession of the things seized but is not satisfied as to all of the matters mentioned in clauses (1) (b), (c) and (d), it shall order that the things seized be restored to the applicant, (a) on the expiration of three months from the date of the seizure, if no proceeding in respect of an offence has been commenced; or (b) on the final conclusion of any such a proceeding. Forfeiture (3) If no application has been made for the return of a thing seized under this Act or an application has been made but upon the hearing of the application no order of restoration has been made, the thing seized is forfeited to the Crown. Same (4) If a person is convicted of an offence under this Act, the court shall order that anything seized under this Act in connection with the offence be forfeited to the Crown, unless the court considers that the forfeiture would be unjust in the circumstances. Relief against forfeiture (5) Any person with an interest in a thing forfeited under this Act may apply to the Superior Court of Justice for relief against the forfeiture, and the court may make an order providing for any relief that it considers just, including, but not limited to, one or more of the following orders: 1. An order directing that the thing or any part of the thing be returned to the applicant. 2. An order directing that any interest in the thing be vested in the applicant. 3. An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture. Same (6) The court shall not order any relief under subsection (5) unless the court is satisfied that the applicant did not, directly or indirectly, participate in, or benefit from, any offence in connection with which the thing was seized. General Prohibitions Inducement
36 (1) No person shall, for the purpose of increasing the sale of a particular type of cannabis, (a) directly or indirectly offer or give a material inducement to the holder of a licence or authorization issued under this Act or to an agent or employee of the holder; or (b) engage in any prescribed practices respecting the promotion of cannabis. Officials (2) No person shall directly or indirectly pay or offer to pay any amount, or make or offer to make any gift, to the Registrar, a member or employee of the Commission, or a member or employee of the Tribunal in relation to a retail operator licence, a cannabis retail manager licence or a retail store authorization. Obstruction
37 (1) No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an inspector conducting an inspection under this Act, refuse to answer questions on matters relevant to the inspection or provide the inspector with false information on matters relevant to the inspection. Investigations (2) No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an investigator executing a warrant under this Act or withhold from the investigator or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant.
38 (1) No person shall retaliate or threaten to retaliate against another person, whether by act or omission, because any person has disclosed anything to the Registrar, an inspector conducting an inspection under this Act or an investigator conducting an investigation under this Act, or has provided evidence that has been or may be given in a proceeding in respect of the enforcement of this Act or the regulations. Malicious disclosure (2) Subsection (1) applies in the case of a disclosure even if the disclosure was made maliciously or in bad faith. Interpretation, retaliation (3) For the purposes of subsection (1), retaliation includes, (a) dismissing, suspending or disciplining an employee of a holder of a retail operator licence or retail store authorization, or subjecting the employee to discriminatory treatment; (b) imposing a penalty on any person; or (c) intimidating, coercing or harassing any person. Disclosure not to be discouraged (4) No holder of a licence or authorization issued under this Act, or person interested in such a holder, shall do anything that discourages, is aimed at discouraging or has the effect of discouraging a person from making a disclosure to the Registrar, an inspector or an investigator. Protection from legal action (5) No action or other proceeding shall be instituted against any person for making a disclosure to the Registrar, an inspector or an investigator, unless the person acted maliciously or in bad faith. Offences and Penalties
39 (1) A person is guilty of an offence if the person contravenes or fails to comply with, (a) section 18, 19, 20, 21, 22 or 23, subsection 24 (2), section 25, subsection 28 (10), section 36 or 37 or subsection 38 (1) or (4); or (b) any prescribed provision of the regulations. Same, directors or officers (2) A director or officer of a corporation who causes, authorizes, permits or participates in an offence under this Act by the corporation is guilty of an offence. Limitation (3) No proceeding under this section shall be commenced more than two years after the day the offence was, or is alleged to have been, committed.
40 On conviction for an offence under this Act, (a) a corporation is liable to a fine of not more than $250,000; and (b) an individual is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or both. Matters Respecting Municipalities
41 (1) A municipality may, by resolution passed no later than January 22, 2019, prohibit cannabis retail stores from being located in the municipality. Outstanding applications (2) Despite subsection 4 (10), the Registrar shall refuse any applications that are outstanding at the time a resolution is passed by a municipality under subsection (1) for a retail store authorization in respect of a proposed cannabis retail store to be located in the municipality. Lifting of prohibition (3) A municipality that has prohibited cannabis retail stores under subsection (1) may, by resolution, lift the prohibition and permit cannabis retail stores to be located in the municipality. Lifted prohibition may not be restored (4) A resolution passed for the purposes of subsection (3) is final and may not be reversed. Notice (5) A municipality shall provide to the Registrar, in the prescribed time and manner, notice of every resolution passed under this section. Publication (6) The Registrar shall publish on the Commission’s website a list of the municipalities in which cannabis retail stores may not be located in accordance with this section, along with the dates of the relevant resolutions. Restrictions on by-law making authority
42 (1) The authority to pass a business licensing by-law within the meaning of the Municipal Act, 2001 or a by-law under paragraph 11 of subsection 8 (2) of the City of Toronto Act, 2006 does not include the authority to pass a by-law providing for a system of licences respecting the sale of cannabis, holders of a licence or authorization issued under this Act or cannabis retail stores. Planning Act by-laws (2) The authority to pass a by-law under section 34, 38 or 41 of the Planning Act does not include the authority to pass a by-law that has the effect of distinguishing between a use of land, a building or a structure that includes the sale of cannabis and a use of land, a building or a structure that does not include the sale of cannabis. Same (3) A by-law passed under section 34, 38 or 41 of the Planning Act, or an order made under section 47 of that Act, is of no effect to the extent that it conflicts with subsection (2). Matters Respecting Reserves
43 (1) If the Registrar receives a copy of a resolution of the council of the band in respect of a reserve requesting that the Registrar not issue retail store authorizations for cannabis retail stores to be located on the reserve, the Registrar shall not issue the authorizations. Outstanding applications (2) Despite subsection 4 (10), the Registrar shall refuse any applications that are outstanding at the time the Registrar receives a copy of a resolution under subsection (1) for a retail store authorization in respect of a proposed cannabis retail store to be located on the reserve. Amended, rescinded resolution (3) If the Registrar receives a copy of a resolution of the council of the band in respect of a reserve amending or rescinding a request referred to in subsection (1), the Registrar shall comply with the request. Existing cannabis retail stores (4) The passage of a resolution for the purposes of this section in respect of a reserve does not affect the validity of a retail store authorization issued in respect of any cannabis retail store located on the reserve when the resolution is passed, but any such authorization shall not be renewed, subject to an amendment or rescindment under subsection (3). Notice (5) A council of the band shall provide to the Registrar, in the prescribed time and manner, notice of every resolution passed under this section. Publication (6) The Registrar shall publish on the Commission’s website a list of the reserves on which cannabis retail stores may not be located in accordance with this section, along with the dates of the relevant resolutions.
44 (1) Subject to subsection (2) and to the approval of the Lieutenant Governor in Council, the Minister may, on behalf of the Crown, enter into arrangements and agreements with a council of the band with respect to the regulation of cannabis retail stores on a reserve, the licensing or authorization of persons to operate cannabis retail stores on a reserve or the enforcement of this Act and the regulations on a reserve. Same, requirement for agreement with other ministers (2) The Minister may only enter into the arrangement or agreement jointly with, (a) the Minister responsible for the administration of the Ontario Cannabis Retail Corporation Act, 2017; (b) the Minister of Finance, if the Minister referred to in clause (a) is not the Minister of Finance; and (c) the Minister responsible for the administration of the Cannabis Control Act, 2017. Miscellaneous
45 The following persons may request information from the Ontario Cannabis Retail Corporation respecting cannabis sold by the Corporation to a holder of a retail store authorization: 1. The Registrar, for the purposes of inquiries and investigations under section 9. 2. An inspector conducting an inspection under this Act. 3. An investigator conducting an investigation under this Act.
46 (1) An individual who is 18 years of age may be appointed under section 9 of the Alcohol and Gaming Commission of Ontario Act, 2019 to employment in the Commission for the purposes of monitoring compliance with this Act and the regulations. 2018, c. 12, Sched. 2, s. 46 (1); 2019, c. 15, Sched. 1, s. 20 (3). Same (2) Subsection 10 (1) of the Cannabis Control Act, 2017 does not apply to an individual referred to in subsection (1) of this section while the individual is performing his or her duties of employment, except with respect to consumption. 2018, c. 12, Sched. 2, s. 46 (2). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 1, s. 20 (3) - 29/11/2021
47 No person engaged in the administration of this Act shall be required to give testimony in any civil proceeding with regard to information obtained by the person in the course of the person’s duties, except in a proceeding under this Act, the Cannabis Control Act, 2017 or the Cannabis Act
(Canada).
48 (1) No action or other proceeding for damages may be instituted against any person engaged in the administration of this Act for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty.  Crown liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject. 2018, c. 12, Sched. 2, s. 48 (2); 2019, c. 7, Sched. 17, s. 42. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 42 - 01/07/2019