BILL 79
An Act Respecting the Retail Sale of Cannabis
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Cannabis Management Corporation Act
1 The Cannabis Management Corporation Act, chapter 3 of the Acts of New Brunswick, 2018, is amended
ain section 2
( i) by repealing the definition “service agreement” and substituting the following:
“service agreement” means, in relation to services related to recreational use cannabis, a contract (convention de services)
abetween the Corporation and a subsidiary of the New Brunswick Liquor Corporation, or
bbetween the Corporation or a subsidiary of the New Brunswick Liquor Corporation and a third party.
( ii) by repealing the definition “service provider” and substituting the following:
“service provider” means a person of a category described in section 9.1 that has entered into a service agreement. (fournisseur de services)
bin section 8
( i) in paragraph (d), by striking out “for the fees or commissions fixed by regulation,” and substituting “for the fees or commissions fixed by the parties and confirmed in the service agreement”;
( ii) by repealing paragraph (e);
cby adding after section 9 the following:
Service providers
9.1 A service provider, whether an individual or a corporation, shall belong to one of the following categories:
aCategory 1 – a subsidiary of the New Brunswick Liquor Corporation that, subject to the objects and purposes for which it was established, has entered into a service agreement with the Corporation that enables it to carry on commercial activity, including the purchase, distribution and sale of recreational use cannabis, cannabis accessories and machinery, equipment and material for the cultivation or consumption of cannabis in the Province; or
bCategory 2 – a person who holds a licence under the Cannabis Retailers Licensing Act and who has entered into a service agreement with the Corporation or a Category 1 service provider for the retail sale of cannabis in the Province.
din section 22 of the English version, by striking out “on his or her initiative” and substituting “on the initiative of the Auditor General”;
ein section 28
( i) in subsection (1) by striking out “with the approval of the Corporation” and substituting “with the approval of the Corporation or of the Category 1 service provider, as the case may be, with whom it has entered into a service agreement”;
( ii) in subsection (2) of the English version in the portion preceding paragraph (a) by striking out “him or her” and substituting “them”;
fby repealing section 33 and substituting the following:
33 A director or officer or a former director or officer of the Corporation shall be indemnified by the Crown in right of the Province against all costs, charges and expenses incurred by that person in relation to any action, application or other proceeding brought against them in connection with the duties of the person and with respect to all other costs, charges and expenses that the person incurs in connection with those duties, except costs, charges and expenses that are occasioned by that person’s own wilful neglect or wilful default.
gin section 35
( i) by repealing paragraph (c);
( ii) by repealing paragraph (d).
Regulation under the Cannabis Management Corporation Act
2 New Brunswick Regulation 2018-59 under the Cannabis Management Corporation Act is amended
ain section 4
( i) in the portion preceding paragraph (a) by striking out “entered into by the Corporation with a service provider”;
( ii) by repealing paragraph (f) and substituting the following:
fa statement of financial matters, including
( i) payments and invoicing,
( ii) all consideration offered or remuneration or commission to be paid, and
( iii) all fees that may be required by the Corporation or the Category 1 service provider, as the case may be;
bby repealing the heading “Fees or commissions” preceding section 5;
cby repealing section 5;
dby repealing section 6 and substituting the following:
6( 1) For the purposes of section 20 of the Act, all revenues of the Corporation shall be deposited without delay to the credit of the Corporation in a chartered bank or other institution approved by the Minister.
6( 2) The revenues under subsection (1) shall, after payment of sums required to meet the expenditures of the Corporation, be paid into the Consolidated Fund without delay.
Enactment of the Cannabis Retailers Licensing Act
3 The Cannabis Retailers Licensing Act is enacted as follows:
Definitions
1 The following definitions apply in this Act.
“associated person” means a person, whether an individual or a person other than an individual, who (personne associée)
ahas a beneficial interest in the business of the other person,
bexercises control, either directly or indirectly, over the business of the other person, or
chas provided financing, either directly or indirectly, to the business of the other person.
“cannabis” means cannabis as defined in the Cannabis Management Corporation Act. (cannabis)
“cannabis accessory” means cannabis accessory as defined in the Cannabis Management Corporation Act. (accessoire)
“cannabis retail outlet” means cannabis retail outlet as defined in the Cannabis Control Act. (point de vente au détail du cannabis)
“designated legislation” means (législation désignée)
aan Act of the Legislature of the Province, an Act of any other province or territory of Canada, an Act of the Parliament of Canada or any regulation or statutory instrument under those Acts relating to cannabis,
ba provision of the Controlled Drugs and Substances Act (Canada) relating to trafficking,
ca provision of the Food and Drugs Act (Canada) relating to drugs,
da provision of the Excise Tax Act (Canada) relating to cannabis or tobacco,
ea provision of the Customs Act (Canada) relating to cannabis or tobacco,
fa provision of the Liquor Control Act relating to licences,
ga provision of the Gaming Control Act relating to the operation of a gaming premises,
ha provision of the Criminal Code (Canada) relating to an offence punishable by imprisonment for one year or more,
iany other Act, regulation or statutory instrument designated by regulation, or
jany regulation or rule made under the Acts referred to in paragraphs (b) to (g).
“distribute” means distribute as defined in the Cannabis Management Corporation Act. (distribuer)
“employee” means a person engaged in activities relating to the retail sale of cannabis at a cannabis retail outlet, including a manager, but does not include a common carrier that transports or delivers cannabis. (employé)
“licence” means a cannabis retailer’s licence issued under section 8 permitting a person to operate a cannabis retail outlet. (permis)
“Minister” means (ministre)
asubject to paragraph (b), the Minister of Health and includes any person designated by the Minister of Health to act on that Minister’s behalf, and
bin respect of specific provisions of this Act and the regulations the administration of which is prescribed under the Executive Council Act as a duty of a Minister other than the Minister of Health, that other Minister and any person designated by that other Minister to act on that other Minister’s behalf.
“remote order” means an order for the purchase of cannabis that has been submitted on the Internet or by another method prescribed by regulation. (commande à distance)
“sell” means sell as defined in the Cannabis Management Corporation Act. (vente)
“service agreement” means service agreement as defined in the Cannabis Management Corporation Act. (convention de services)
Application
2 This Act does not apply to an activity
aconducted by the New Brunswick Liquor Corporation or its subsidiaries relating to cannabis, or
bspecified in subsection 3(2) of the Cannabis Control Act.
CANNABIS RETAILER’S LICENCE
Application
Eligibility
3( 1) Subject to subsections (2) and (3), a person may apply to the Minister for a licence.
3( 2) The Minister may establish conditions to be met and procedures to be followed by a person before the person submits an application for a licence.
3( 3) A person is eligible to apply for or to hold a licence under this Act if the person or an associated person
ain the case of an individual, is at least 19 years of age,
bhas not been convicted within the previous five years of an offence under designated legislation,
cis not or has never been a member of a criminal organization as defined in subsection 467.1(1) of the Criminal Code (Canada), and is not or has never been involved in and does not contribute or has never contributed to, the activities of that type of organization, and
dmeets the other eligibility requirements, if any, prescribed by regulation.
Application for licence
4 An application for a licence of any class established by regulation shall be made to the Minister and shall be accompanied by the prescribed fees and the information and documents prescribed by regulation.
Background investigations
5( 1) The Minister may conduct background investigations of an applicant and any associated person.
5( 2) A background investigation conducted under subsection (1) may include
acarrying out criminal record checks of the applicant and any associated person,
binquiring into the financial history of the applicant and any associated person,
cinquiring into the applicant’s sources of financing, and
dinvestigating the background of the owner or occupier of any premises in which the applicant intends to operate a cannabis retail outlet.
5( 3) The Minister may require the reasonable costs incurred in conducting a background investigation to be paid by the applicant.
Approval of a licence application
6( 1) The Minister may, on receiving an application under section 4, approve the application for a licence if the applicant
ahas complied with the conditions and procedures that the Minister has established under subsection 3(2), or
bsubmits to the Minister a plan on a form provided by the Minister that states the measures that have been taken or will be taken to comply with the conditions and procedures.
6( 2) Subject to subsection (3), an approval is valid for the period of time prescribed by regulation.
6( 3) The Minister may extend the period of time referred to in subsection (2) if the Minister considers it appropriate.
Refusal of application for licence
7 The Minister may refuse to approve an application for a licence if
athe applicant is ineligible or fails to comply with any conditions or procedures established under subsection 3(2),
bthe applicant fails to provide any information or document prescribed by regulation,
cthe applicant has made a false statement in applying for the licence,
dthe Minister is not satisfied that the applicant is capable of operating a cannabis retail outlet in accordance with this Act and the regulations,
eit is not in the public interest, or
fthe other circumstances prescribed by regulation, if any, exist.
Licence
Issuance of licence
8( 1) The Minister shall issue a licence to an applicant who has received an approval under section 6 and who has entered into a service agreement.
8( 2) A licence shall indicate the information prescribed by regulation.
8( 3) A licence holder shall display the licence in the cannabis retail outlet so that customers can easily see and read the licence.
Term of licence
9( 1) When a licence is issued, the Minister shall set the term of the licence.
9( 2) The Minister may set different terms for licences and classes of licences.
9( 3) Despite subsections (1) and (2), the term of a licence shall not exceed five years.
9( 4) A licence is effective on the date specified as the effective date of the service agreement referred to in subsection 8(1).
9( 5) Despite subsection (1), a licence is valid only while the service agreement referred to in subsection 8(1) is in effect.
Licence non-assignable
10 A licence holder shall not assign or transfer to any person any of the rights granted under a licence or this Act or the regulations.
Restriction on issuance of licence
11 The Minister shall not issue, renew, reinstate or amend a licence unless
athe applicant is or will be the owner of the premises or has or will have a right to occupy the premises where the applicant intends to operate the cannabis retail outlet, and
bthe Minister is satisfied that the premises will comply with all applicable local government zoning requirements and that the applicant has obtained or will obtain all required licences, permits and approvals.
Requirements, terms and conditions of licence
12( 1) A licence shall be subject to
athe requirements established by regulation, and
bthe terms and conditions imposed by the Minister, if any.
12( 2) The Minister may, at any time after a licence has been issued, rescind or vary a term or condition referred to in subsection (1) or impose other terms or conditions.
12( 3) A licence holder shall comply with the requirements and the terms and conditions of the licence.
12( 4) If there is a conflict between a requirement prescribed by regulation and any term or condition imposed by the Minister, the requirement prevails.
12( 5) If there is a conflict between a requirement prescribed by regulation or a term or condition imposed by the Minister and the service agreement referred to in subsection 8(1), the requirement, term or condition prevails.
Annual licence fee
13 A licence holder shall pay an annual licence fee in the amount and on the date prescribed by regulation.
Restriction, Suspension or Revocation
Restriction, suspension or revocation of licence
14( 1) The Minister may restrict or suspend a licence for a period specified by the Minister or revoke a licence if
athe Minister is not satisfied that the licence holder is capable of operating the cannabis retail outlet in accordance with this Act and the regulations,
bthe Minister has reasonable grounds to believe that the licence holder has knowingly made a false statement in the application or the accompanying documents or in any other book, record or document required to be maintained under this Act or the regulations,
cafter an inspection under section 37 or reasonable inquiry, the Minister is satisfied that the licence holder has violated or failed to comply with a term or condition of the licence, a provision of this Act or the regulations or a provision of designated legislation,
dthe licence holder does not, to the satisfaction of the Minister, show due diligence in fulfilling the terms and conditions to which the licence is subject and in complying with the provisions of this Act and the regulations,
ethe Minister is satisfied that the licence holder has breached a term or condition of the service agreement referred to in subsection 8(1),
fthe licence holder ceases to have a right to occupy the premises of the cannabis retail outlet,
gthe licence holder fails to comply with any applicable federal or provincial law or local government by-law, or
hthe circumstances prescribed by regulation, if any, exist.
14( 2) The Minister may revoke a licence on the voluntary surrender of the licence by the licence holder.
Application to amend, renew or reinstate a licence
15( 1) A licence holder may apply to the Minister to amend or renew a licence or a person whose licence was revoked may apply to reinstate a licence.
15( 2) An application for the amendment, renewal or reinstatement of a licence shall be accompanied by the prescribed fees, if any, and the information and documents the Minister requires.
15( 3) The Minister may amend, renew or reinstate a licence on any grounds the Minister considers appropriate.
15( 4) Section 7 applies with the necessary modifications to the amendment, renewal or reinstatement of a licence.
Unsold or undistributed cannabis
16 If a licence is not renewed, is revoked or is not reinstated, the person who held the licence shall comply with the requirements specified by the Minister respecting any cannabis left unsold or undistributed as a result.
Review of Decisions
Persons entitled to review
17( 1) An applicant may request a review of the Minister’s decision to refuse to approve an application for a licence.
17( 2) A licence holder may request a review of the Minister’s decision relating to the amendment, restriction or suspension of a licence or relating to the imposition of an administrative penalty.
17( 3) A person who held a licence may request a review of the Minister’s decision to refuse to renew, to revoke or to refuse to reinstate a licence.
Request for review
18 A request for a review shall be submitted to the Minister in writing and shall be made within 10 days after the person receives notice of the decision.
Decision not stayed
19 A request for a review does not stay the decision under review unless the Minister indicates otherwise.
Review of decision
20( 1) The Minister shall review the decision and, on completion of the review, may do any of the following:
aconfirm the decision;
bvary the decision; or
crescind the decision.
20( 2) Before the Minister completes the review of a decision, the person who requested the review is entitled to make oral or written representations to the Minister.
20( 3) The Minister shall complete the review of a decision within 30 days after the request for the review is received by the Minister.
OPERATION OF
CANNABIS RETAIL OUTLETS
Purchase, Sale and Distribution
Purchase, sale and distribution
21( 1) Subject to subsection (2) and the regulations, a licence authorizes its holder, for the purpose of retail sales, to purchase for resale, possess, store, sell and distribute cannabis and cannabis accessories in accordance with this Act, the Cannabis Control Act and the regulations under those Acts and any requirements or policies established by the Cannabis Management Corporation.
21( 2) No licence holder shall sell or distribute cannabis or a cannabis accessory to a person who is under 19 years of age.
Access to cannabis retail outlet
22( 1) A licence holder shall not permit a person under 19 years of age to have access to a cannabis retail outlet, including a storage area.
22( 2) A licence holder shall prohibit or restrict access to areas within the cannabis retail outlet in accordance with the regulations.
Requirements of cannabis sold
23 Subject to the regulations, a licence holder shall sell and distribute only cannabis that meets the following requirements:
athe cannabis is authorized for sale under the Cannabis Management Corporation Act;
bthe cannabis is in a quantity prescribed by regulation; and
cthe cannabis is packaged and labelled in accordance with the Cannabis Act (Canada).
Prohibited activities
24 No licence holder shall conduct an activity that is prohibited by regulation.
Transport and delivery
25 Despite section 7 of the Cannabis Control Act, no licence holder shall, except in accordance with the regulations,
atransport or deliver cannabis or cannabis accessories to or from a cannabis retail outlet, or
bsell or distribute cannabis or a cannabis accessory by remote order.
Employees
26( 1) A person who applies for employment at a cannabis retail outlet shall submit to a licence holder the results of a criminal record check carried out on the person dated not more than three months before the date of the application.
26( 2) A licence holder shall not employ or continue to employ a person in a cannabis retail outlet if
athe person has been convicted of an offence under designated legislation,
bthe person does not follow the policies and procedures that the licence holder is required to establish under the regulations, or
cthe person does not meet the requirements approved by the Minister in regard to training and qualifications.
26( 3) A licence holder shall maintain a record of each employee that includes the information and documents prescribed by regulation.
Communications
Display of cannabis
27 A licence holder shall display cannabis, or any package or label of cannabis, in accordance with the regulations.
Advertising
28 A licence holder shall advertise the cannabis retail outlet in accordance with the regulations.
Posting of signs
29 A licence holder or a person who held a licence, as the case may be, shall display signs in the cannabis retail outlet that contain the information prescribed by regulation, and in the manner, place, form or size, if any, that are prescribed by regulation.
Written materials
30 A licence holder shall distribute or display in the cannabis retail outlet or on its website any written materials approved or prepared by the Minister.
Measures to Prevent Diversion
Diversion
31 A licence holder shall take the measures prescribed by regulation to reduce the risk that cannabis in its possession will be diverted to an illicit market or activity.
Storage
32 A licence holder shall store cannabis in the manner prescribed by regulation.
Security measures
33 A licence holder shall take the security measures, including online security measures, prescribed by regulation.
Approval of changes
34( 1) A licence holder shall not, without the prior written approval of the Minister,
aalter or extend the facility, building or premises of a cannabis retail outlet,
bchange the operating procedures of the cannabis retail outlet, or
cstore, sell or distribute cannabis or cannabis accessories at a location other than the cannabis retail outlet.
34( 2) An application for approval shall be made on a form provided by the Minister and shall be accompanied by the information and documents the Minister requires.
34( 3) The Minister may make an approval subject to the terms and conditions that the Minister considers advisable.
Disposal of cannabis
35 A licence holder or a person who held a licence, as the case may be, shall dispose of cannabis in accordance with the directions of the Minister or an inspector, and the requirements prescribed by regulation.
Recording of Activities
Books, records and documents
36( 1) A licence holder shall keep the books, records and documents that are necessary for the proper recording of their activities with respect to the cannabis retail outlet and shall keep any other books, records and documents that are required under the regulations.
36( 2) A licence holder shall keep the books, records and documents in the Province at a safe location and in a durable form.
36( 3) A licence holder shall retain the books, records and documents for the period prescribed by regulation.
36( 4) A licence holder shall, at the request of the Minister, deliver to the Minister any of the books, records and documents that the licence holder is required to keep under this Act or the regulations.
INSPECTIONS, OFFENCES AND PENALTIES
Inspectors
37( 1) The Minister may appoint or designate inspectors for the purposes of this Act.
37( 2) The Minister shall issue to every inspector a certificate of appointment or designation.
37( 3) An inspector, in the execution of their duties under this Act or the regulations, shall produce their certificate on request.
37( 4) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any reasonable time,
aenter and inspect any place, area or vehicle to which this Act applies except a private dwelling and make any examinations or inquiries and conduct any tests that the inspector considers necessary or advisable,
bbe accompanied and assisted by any person who, in the opinion of the inspector, has special knowledge or expertise,
cmake inquiries of any person who is or was in a place, area or vehicle to which this Act applies,
ddespite any other provision of this Act, the Cannabis Control Act or the regulations under that Act, enlist the aid of persons who are at least 18 years of age to make test purchases of cannabis or cannabis accessories,
erequire the production of books, records or documents at a place, area or vehicle to which this Act applies and may inspect, examine, copy or remove them,
frequire the production of a valid government-issued identification document, bearing a photograph of the person offering it, of any person who is or was in a place, area or vehicle where any activity is prohibited under this Act,
gexercise any other powers and perform any other duties that are prescribed by regulation, and
hexercise the powers and perform the duties that are incidental to the powers set out in paragraphs (a) to (f).
37( 5) An inspector may apply to a judge for an entry warrant under the Entry Warrants Act before or after attempting to effect entry under paragraph (4)(a).
37( 6) No person shall obstruct, interfere with or fail to cooperate with an inspector in the execution of the inspector’s duties under this Act.
37( 7) An inspector who removes books, records or documents under paragraph (4)(e) shall give a receipt for the items and return them as soon as possible after the making of copies or extracts.
Offences
38( 1) A person who violates or fails to comply with a provision of this Act that is listed in Column 1 of Schedule A commits an offence.
38( 2) For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column 1 of Schedule A is punishable as an offence of the category listed beside it in Column 2 of Schedule A.
38( 3) A prosecution for an offence under this Act shall be commenced within one year after the date on which the offence was, or is alleged to have been, committed.
38( 4) Subject to subsection (5), a person who violates or fails to comply with a provision of the regulations commits an offence.
38( 5) For the purposes of Part 2 of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.
38( 6) If an offence under this Act or the regulations continues for more than one day,
athe minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
bthe maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
Administrative penalties
39( 1) Subject to the regulations and in accordance with the regulations, if the Minister is satisfied that a licence holder has violated or failed to comply with this Act or the regulations, the Minister may impose an administrative penalty on the licence holder by issuing a notice of administrative penalty.
39( 2) A licence holder referred to in subsection (1) who pays the administrative penalty shall be deemed to have contravened the provision of this Act or the regulations in respect of which the payment was made and shall not be charged with an offence in respect of the same incident that gave rise to the administrative penalty.
39( 3) If a licence holder referred to in subsection (1), after receiving the notice, does not pay the administrative penalty within the period of time prescribed by regulation, the licence holder may be charged with an offence in respect of the same incident that gave rise to the administrative penalty.
39( 4) Subject to subsection (3), a licence holder charged with an offence under this Act or the regulations is not liable to an administrative penalty in respect of the same incident that gave rise to the charge.
39( 5) The Province may sue for and recover an administrative penalty in an action in any court as if the amount were a debt.
GENERAL
Administration
40 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
Proof of age
41 For the purposes of this Act and the regulations, proof of age shall be provided or ascertained in accordance with the Cannabis Control Act and the regulations under that Act, and section 26 of that Act applies with the necessary modifications to a related offence.
Contraventions
42 For the purposes of sections 21 to 36, a contravention by an employee or agent of a licence holder or a person who is acting under a contract with the licence holder is deemed to be a contravention by the licence holder.
Immunity
43 Despite section 28 of the Cannabis Control Act, a licence holder or an officer, director, employee or agent of a licence holder is not relieved of any liability to which any of them would be subject in respect of an action for damages arising from a negligent act or omission of the person in the operation of a cannabis retail outlet.
Regulations
44( 1) The Lieutenant-Governor in Council may make regulations:
adesignating Acts, regulations and statutory instruments for the purposes of the definition “designated legislation”;
bprescribing methods for the purposes of the definition “remote order”;
cestablishing classes of licences for the purposes of section 4;
dimposing different requirements on persons, licence holders, licences or cannabis retail outlets based on the class of the licence;
egoverning the application for and issuance of licences, including
( i) eligibility requirements to be met by applicants for a licence for the purposes of paragraph 3(3)(d),
( ii) the information, documents and fees that accompany an application, for the purposes of section 4,
( iii) the period of time that an approval is valid for the purposes of subsection 6(2),
( iv) circumstances for the purposes of paragraph 7(f),
( v) information to be indicated in licences for the purposes of subsection 8(2),
( vi) requirements to which a licence is subject for the purposes of paragraph 12(1)(a),
( vii) annual licence fees and the date they shall be paid for the purposes of section 13,
( viii) circumstances for the purposes of paragraph 14(1)(h),
( ix) application fees for an amendment, renewal or reinstatement of a licence for the purposes of subsection 15(2);
fgoverning the operation of a cannabis retail outlet, including
( i) regulating the sale of cannabis, cannabis accessories and other products in a cannabis retail outlet,
( ii) regulating activities conducted by a licence holder for the purposes of section 21,
( iii) governing access to areas within a cannabis retail outlet for the purposes of subsection 22(2),
( iv) prescribing the quantity of cannabis that may be sold for the purposes of section 23,
( v) prohibiting activities for the purposes of section 24,
( vi) governing transportation and delivery of cannabis or cannabis accessories to or from a cannabis retail outlet for the purposes of paragraph 25(a),
( vii) governing remote orders for the purposes of paragraph 25(b),
( viii) requiring policies and procedures to be established by the licence holder for the purposes of paragraph 26(2)(b),
( ix) requiring and governing employee records to be kept by a licence holder for the purposes of subsection 26(3),
( x) governing the display of cannabis, cannabis packaging or labels of cannabis for the purposes of section 27,
( xi) governing the advertising of a cannabis retail outlet for the purposes of section 28,
( xii) prescribing the information to be contained in signs, or the manner, place, form or size of signs for the purposes of section 29;
gprescribing measures to prevent diversion, including
( i) the manner in which cannabis shall be stored for the purposes of section 32,
( ii) security measures, including online security measures, for the purposes of section 33,
( iii) requirements for the disposal of cannabis for the purposes of section 35;
hrequiring and governing the books, records and documents to be kept by a licence holder for the purposes of section 36;
iprescribing powers and duties of inspectors for the purposes of paragraph 37(4)(g);
jprescribing provisions of the regulations the violation of which or the failure to comply with constitutes an offence;
kwith respect to offences under the regulations, prescribing the categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;
l governing the imposition, payment and enforcement of administrative penalties for the purposes of section 39, including
( i) prescribing provisions of this Act or the regulations for which a notice of administrative penalty may be issued,
( ii) prescribing the form or content of the notice of administrative penalty,
( iii) prescribing or determining the amounts that may be imposed as administrative penalties, including minimum and maximum amounts and prescribing the terms of payment, and
( iv) varying the amount of an administrative penalty prescribed or determined under subparagraph (iii) according to the nature or frequency of the violation or failure to comply, and whether the person in violation or in non-compliance is an individual or a person other than an individual;
mauthorizing the Minister to provide forms for the purposes of this Act and the regulations;
nrespecting forms, reports and other information required under this Act or the regulations, including their form and content and the time and manner in which they are required to be given;
odefining any word or expression used but not defined in this Act, for the purposes of this Act, the regulations or both;
prespecting any other matter that may be necessary for the proper administration of this Act.
44( 2) A regulation authorized by this section may incorporate by reference, in whole or in part, any codes, standards, procedures or guidelines as they are amended from time to time before or after the making of the regulation or as they read at a fixed time and may require compliance with that code, standard, procedure or guideline.
44( 3) Regulations may vary for or be made in respect of different persons, licences, matters, activities or things or different classes or categories of persons, licences, matters, activities or things.
44( 4) A regulation authorized by this section may be general or particular in its application, may be limited as to time or place or both, and may exclude any place from the application of the regulation.
Cannabis Control Act
4( 1) Section 2 of the Cannabis Control Act, chapter 2 of the Acts of New Brunswick, 2018, is amended by adding the following definition in alphabetical order:
“industrial hemp” means industrial hemp as defined in the Industrial Hemp Regulations made under the Cannabis Act (Canada). (chanvre industriel)
4( 2) Subsection 3(2) of the Act is amended
ain paragraph (c) of the English version by striking out “, or” at the end of the paragraph and substituting a comma;
bby adding after paragraph (c) the following:
c.1to an activity in respect of industrial hemp, or
c.2to an activity in respect of a drug containing cannabis that is authorized for sale under the Food and Drugs Act (Canada).
cby repealing paragraph (d).
4( 3) Subsection 6(3) of the English version of the Act is amended by striking out “he or she” and substituting “the person”.
4( 4) Section 7 of the Act is amended
aby repealing subsection (3) and substituting the following:
7( 3) When a service provider or a common carrier, as the case may be, transports and delivers cannabis or a cannabis accessory, it shall
aprepare the package in a manner that ensures the security of its contents, in order that the package
( i) will not open or permit the escape of its contents during handling and transportation, and
( ii) is sealed so that it cannot be opened without the seal being broken,
btake any measures that are necessary to ensure tracking and safekeeping of the package during transportation until it is delivered, and
cdeliver the package only to the shipping address indicated in the order.
bby repealing subsection (6) and substituting the following:
7( 6) When a service provider or common carrier delivers cannabis or a cannabis accessory, it shall take any measures that are necessary to verify that the person who accepts delivery is at least 19 years of age.
cin subsection (7) of the English version by striking out “he or she” and substituting “the person”;
dby repealing subsection (8) and substituting the following:
7( 8) If a person referred to in subsection (7) refuses to provide proof of age, the service provider or the common carrier shall not sell or deliver, as the case may be, the cannabis or cannabis accessory.
4( 5) Subsection 8(1) of the Act is repealed and the following is substituted:
8( 1) For the purposes of this Act and the regulations, a person may provide proof of age by presenting valid government-issued identification as prescribed by regulation.
4( 6) Section 9 of the English version of the Act is amended
ain subsection (1)
( i) in paragraph (a) by striking out “any decision made by him or her in the carrying out of his or her functions” and substituting “any decision made by the person in the carrying out of their functions”;
( ii) in paragraph (b) by striking out “his or her” wherever it appears and substituting “their”;
bin subsection (2) by striking out “any decision made by him or her in the carrying out of his or her functions” and substituting “any decision made by the person in the carrying out of their functions”.
4( 7) Section 11 of the English version of the Act is amended by striking out “his or her” and substituting “the person’s”.
4( 8) Subsection 16(1) of the English version of the Act is amended in the portion preceding paragraph (a) by striking out “his or her” and substituting “their”.
4( 9) Subsection 17(4) of the English version of the Act is amended by striking out “his or her” and substituting “their”.
4( 10) Subsection 23(3) of the English version of the Act is amended by striking out “his or her” wherever it appears and substituting “their”.
4( 11) Section 25 of the Act is amended by striking out “under this Act or the regulations” and substituting “under this Act or the Cannabis Retailers Licensing Act or the regulations under those Acts”.
4( 12) Section 28 of the Act is amended
ain the portion preceding paragraph (a) by striking out “under this Act” and substituting “under this Act or the Cannabis Retailers Licensing Act”;
bin paragraph (e) by striking out “under this Act” and substituting “under this Act or the Cannabis Retailers Licensing Act”.
Regulation under the Cannabis Control Act
5 Section 4 of New Brunswick Regulation 2018-89 under the Cannabis Control Act is amended by adding after paragraph (a) the following:
a.1a Certificate of Indian Status;
a.2two pieces of government-issued identification, one of which shall be photo identification;
New Brunswick Liquor Corporation Act
6 The New Brunswick Liquor Corporation Act, chapter 105 of the Revised Statutes, 2016, is amended
ain section 1 by repealing the definition “cannabis retail outlet” and substituting the following:
“cannabis retail outlet” means cannabis retail outlet as defined in the Cannabis Control Act. (point de vente au détail du cannabis)
bby repealing paragraph 19(b) and substituting the following:
bfrom the sale of cannabis in cannabis retail outlets operated by one of its subsidiaries,
Repeal of An Act to Amend the New Brunswick Liquor Corporation Act
7 An Act to Amend the New Brunswick Liquor Corporation Act, chapter 33 of the Acts of New Brunswick, 2019, is repealed.
Regulation under the Days of Rest Act
8 New Brunswick Regulation 85-149 under the Days of Rest Act is amended in subsection 3(1) by adding after paragraph (c.3) the following:
c.4the operation by service providers of cannabis retail outlets as defined in the Cannabis Control Act;
Commencement
9 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
SCHEDULE A
Column 1 | Column 2 |
Section | Category of Offence |
| 8(3) ............... | B |
| 10............... | D |
| 21(2) ............... | E |
| 22(1) ............... | E |
| | 22(2) ............... | E |
| | 23(a) ............... | I |
| | 23(b) ............... | I |
| | 23(c) ............... | I |
| 24............... | E |
| 26(2) ............... | E |
| 26(3) ............... | E |
| | 34(1) ............... | I |
| | 35............... | I |
| | 36(1) ............... | I |
| | 36(2) ............... | I |
| | 36(3) ............... | I |
| | 36(4) ............... | I |
| | 37(6) ............... | E |