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Cannabis Licence Act Regulation

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The first regulation (O. Reg. 468/18) under the Ontario Cannabis Licence Act, 2018 was filed November 14, 2018.

Pursuant to the Cannabis Licence Act, municipalities must pass a resolution no later than January 22, 2019 if they wish to prohibit cannabis retail stores from being located in their municipality. Municipalities must provide the Registrar with notice of the resolution, in the prescribed time and manner.

Under O. Reg. 468/18, municipalities the prescribed time for providing the Registrar with written notice of the resolution is no later than three business days after the resolution is passed and, ultimately, no later than January 22, 2019.

“business day” means a day from Monday to Friday, other than a holiday.

A municipality that has prohibited cannabis retail stores may, by resolution, lift the prohibition and permit cannabis retail stores to be located in the municipality. Once the resolution is passed, it is final and may not be reversed.

If a municipality wishes to pass such a resolution, they would be wise not to leave it to the last minute because, although resolutions can be passed until January 22, 2019, notice must also be received by the Registrar by January 22, 2019.