Cannabis Control and Licensing Act [SBC 2018] c. 29

• Jurisdiction: British Columbia
• Year: 2018
• Act Number: [SBC 2018] c. 29
• Reference: [SBC 2018] c. 29
• Type of Document: Acts

Part 1 — Definitions and Application

1 Definitions

1 In this Act:

"adult" means an individual who is 19 years of age or older;

"analyst" means an individual who is designated as an analyst under section 6;

"boat" means a vessel or other craft in, on or by which a person or thing may be transported or drawn on water;

"cannabis" has the same meaning as in the Cannabis Act (Canada), subject to any prescribed modifications;

"cannabis accessory" has the same meaning as in the Cannabis Act (Canada), subject to any prescribed modifications;

"cannabis plant" has the same meaning as in the Cannabis Act (Canada), subject to any prescribed modifications;

"compliance history" has the prescribed meaning;

"director" means the director appointed under section 7;

"dried cannabis" means any part of a cannabis plant that has been subjected to a drying process other than the following parts of the plant:

(a) a mature stalk, without any leaf, flower, seed or branch;

(b) the root;

(c) seeds;

"establishment" means

(a) all or part of a building or structure designated in a licence to be the establishment, and

(b) any land adjacent to the building or structure referred to in paragraph (a) designated in a licence to be part of the establishment;

"federal licence holder" means a person who holds a licence under the Cannabis Act (Canada);

"general manager" means the general manager appointed under section 4;

"government cannabis store" means a store established under the Cannabis Distribution Act for the sale of cannabis to consumers;

"grow" means to cultivate, propagate or harvest;

"illicit cannabis" means cannabis that is

(a) sold, produced, distributed or imported by a person in contravention of the Cannabis Act (Canada), or

(b) sold, produced or supplied by a person in contravention of this Act or the regulations;

"Indigenous nation" means any of the following:

(a) a band within the meaning of the Indian Act (Canada);

(b) the Westbank First Nation;

(c) the shíshálh Nation Government District Council continued under the shíshálh Nation Self-Government Act (Canada);

(d) a treaty first nation;

(e) the Nisg̱a'a Nation;

(f) a prescribed Indigenous entity;

"industrial hemp" has the prescribed meaning;

"licence" means a licence issued under this Act;

"licensee" means a person who holds a licence;

"local government" means,

(a) in relation to a regional district, the board of the regional district,

(b) in relation to a municipality, the council of the municipality, and

(c) in relation to a local trust area under the Islands Trust Act, the local trust committee for the local trust area;

"medical cannabis" has the prescribed meaning;

"minor" means an individual who is under 19 years of age;

"operate", in respect of a vehicle or boat, includes to exercise control over the operation of the vehicle or boat;

"peace officer" means

(a) an officer as defined in the Police Act, or

(b) a member of the Royal Canadian Mounted Police who is deemed to be a provincial constable under section 14 (2) (b) of the Police Act;

"place" includes a building or structure;

"possession" has the same meaning as in section 4 (3) of the Criminal Code;

"produce", in respect of cannabis, means to obtain cannabis by any method or process, including by

(a) manufacturing it,

(b) synthesizing it,

(c) altering its chemical or physical properties by any means, or

(d) growing it or any living thing from which it may be extracted or otherwise obtained;

"public place" means

(a) any place to which the public has access as of right or by invitation, express or implied, whether or not a fee is charged for entry, and

(b) any vehicle or boat located in a place referred to in paragraph (a) or in any outdoor place open to public view;

"security manager" means the security manager appointed under section 7;

"sell" includes

(a) offer for sale, expose for sale and have in possession for sale,

(b) exchange, and

(c) give for any consideration, including for the purchase or transfer of something;

"supply" means any of the following:

(a) administer, give, transfer, transport, send, deliver, provide, distribute or otherwise make available in any manner, whether directly or indirectly, other than selling;

(b) offer to do any of the things referred to in paragraph (a), other than selling;

(c) have in possession to do any of the things referred to in paragraph (a), other than selling;

"vehicle" means any of the following:

(a) a vehicle, a motor assisted cycle and mobile equipment within the meaning of the Motor Vehicle Act;

(b) an off-road vehicle within the meaning of the Off-Road Vehicle Act;

(c) a road building machine within the meaning of the Commercial Transport Act;

(d) a bicycle or other device designed to be moved by human power in, on or by which a person or thing is or may be transported on a highway;

(e) a device used exclusively on stationary rails or tracks in, on or by which a person or thing is or may be transported;

(f) a prescribed type of device in, on or by which a person or thing is or may be transported.

2 Industrial hemp

2 (1) [Repealed 2021-15-2.]

(2) Unless the regulations provide otherwise, this Act does not apply to industrial hemp.

2.1 Activities under Cannabis Act (Canada)

2.1 When a provision of this Act refers to an activity authorized under the Cannabis Act (Canada) and the provision applies to medical cannabis, the reference to the Cannabis Act (Canada) includes authority for the activity under the order granted in Allard v. Canada, 2014 FC 280, as continued by the order granted in Allard v. Canada, 2016 FC 237.

3 Prescribed exemptions

3 The provisions of this Act are subject to exemptions as prescribed under section 130.

Part 2 — Administration Division 1 — Officials

4 General manager

4 (1) The minister must appoint, under the Public Service Act, a general manager.

(2) Without limiting other powers or duties of the general manager under this Act, the general manager is, subject to general policy direction given by the minister, responsible for the general administration of this Act and the regulations.

5 Repealed

5 [Repealed 2021-15-4.]

6 Designation of analysts

6 For the purposes of the administration and enforcement of this Act, the general manager may designate individuals or classes of individuals as analysts.

7 Security manager and director

7 The minister must appoint, under the Public Service Act, a security manager and a director.

8 Delegation

8 The general manager, security manager and director may delegate, with or without conditions, one or more of their powers and duties under this Act, except the power under this section to delegate, to

(a) a government employee or other person, or

(b) a class of government employee or other person.

9 Receiving or making payments or gifts

9 (1) The general manager or security manager or a government employee whose duties under this Act relate to cannabis must not, directly or indirectly, solicit or receive a commission, profit, remuneration or gift from a licensee or a person who makes an application under this Act.

(2) A licensee or a person who makes an application under this Act must not, directly or indirectly, pay or offer to pay a commission, profit or remuneration, or make or offer to make a gift, to the general manager or security manager or a government employee whose duties under this Act relate to cannabis.

Division 2 — Collection and Disclosure of Information

10 Collection of information

10 (1) The general manager, security manager and director may collect from a person any information necessary for the purposes of exercising their powers or performing their duties under this Act or the regulations, despite

(a) any other enactment, other than section 51 of the Evidence Act, or

(b) any claim of confidentiality or privilege, other than a claim based on solicitor-client privilege.

(2) If any of the following entities have custody or control of information that the general manager, security manager or director is entitled to collect under this Act, the entity must, despite any other enactment, disclose that information to the general manager, security manager or director on request:

(a) a public body within the meaning of the Freedom of Information and Protection of Privacy Act;

(b) a police service described in section 1.1 (a), (b) or (c) of the Police Act.

11 Confidentiality

11 (1) A person who is engaged in the administration or enforcement of this Act or the regulations and who has custody of, access to or control over information or records under this Act must not disclose the information or records except

(a) for the purposes of the administration or enforcement of this Act, the Cannabis Distribution Act, the Civil Forfeiture Act, the Liquor Control and Licensing Act or the Liquor Distribution Act or the regulations under those Acts,

(b) in a proceeding before a court or a judicial or quasi-judicial tribunal,

(c) to a law enforcement agency,

(d) as required by an enactment of British Columbia or Canada,

(e) under an agreement referred to in subsection (2) or authorized by a regulation under section 138 (a),

(f) for the purpose of the compilation of statistical information by the government or the government of Canada, or

(g) as authorized by section 12 or the regulations.

(2) The minister may, on behalf of the government, enter into an agreement with another government that

(a) relates to the administration or enforcement of enactments with respect to cannabis, and

(b) provides for one or both of the following:

(i) the disclosure of information and records to that other government;

(ii) the exchange of information and records with that other government.

12 Disclosure of information to protect health or safety

12 (1) In this section, "personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act.

(2) The general manager and director may disclose information obtained under this Act, other than personal information, if the general manager or director, as the case may be, considers that the disclosure is necessary to protect public health or public...