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HomeOur ServicesRetail Cannabis

Cannabis is Now Legal in Canada - What Does that Mean?

On October 17, 2018, recreational cannabis became legal in Canada. From municipalities through to the Federal Government this will have impact on all levels of government. Each level of government has distinct responsibilities in ensuring that the legalization of recreational cannabis is implemented with consideration to community safety, health and economic opportunity. 

The provincial government will introduce legislation to allow the private sector to retail recreational cannabis in Ontario by April 1, 2019. In the meantime and as of October 17, 2018 consumers ages 19 years or older will be able to purchase recreational cannabis through an online retail platform operated by the Ontario Cannabis Store. View Ontario's Cannabis Retail Regulation Landscape. 

 

                   

Source: Government of Canada.

Municipal Governments Can 'Opt-Out' of Retail Cannabis Sales 

Municipal governments can opt out of cannabis sales in their communities by January 22, 2019. Councils that opt-out of private sales can opt-back in at a later date. All municipal governments will receive at least $10,000 to support transition to legal cannabis and the province will announce the full funding allocation in the future.

Municipality of Brockton Opts-In for Retail Cannabis Sales

At the January 8, 2019 Meeting, the Municipality of Brockton Council passed Resolution 19-01-07 to opt in to be a host municipality for private retail cannabis stores. Brockton's Chief Administrative Officer and Clerk prepared Report Number 2019-01 - Retail Sale of Cannabis in Brockton which can be viewed in the Additional Information section below for more information.

Cannabis Retail Store Survey

The Municipality of Brockton would like to hear from you regarding the sale of cannabis at retail stores in the municipality. This survey sought input from local residents and business owners about whether cannabis should be available through local outlets. Your feedback will be considered by council when they make a decision regarding retail cannabis sales in Brockton.

Please note that this survey was ONLY for residents or business owners located in the Municipality of Brockton. 

This survey closed on Thursday, December 20, 2018 at 12:00 Noon. The Municipality would like to thank you for providing your feedback.

Hardcopy Surveys

Hardcopy surveys were available at the following locations. This survey closed on Thursday, December 20, 2018 at 12:00 Noon:

  • Brockton Municipal Office – 100 Scott Street, P.O. Box 68, Walkerton, ON
  • Walkerton Library – 253 Durham Street East, Walkerton, ON

Questions about this survey can be directed to Brockton's Chief Administrative Officer, Sonya Watson 519-881-2223 Ext. 126.

Federal Government

On October 17, 2018, the The Cannabis Act (Bill C45) came into force. It puts in place a new, strict framework for controlling the production, distribution, sale and possession of cannabis in Canada.

The Cannabis Act will:

  • prevent youth from accessing cannabis
  • displace the illegal cannabis market 

Protecting the health and safety of youth is a top priority. Be aware that the Cannabis Act establishes serious criminal penalties for those who sell or provide cannabis to youth. It also establishes a new offence and strict penalties for those who use youth to commit a cannabis offence.

In addition, the Act also prohibits:

  • products that are appealing to youth
  • packaging or labelling cannabis in a way that makes it appealing to youth
  • selling cannabis through self-service displays or vending machines
  • promoting cannabis that could entice young people to use cannabis, except in narrow circumstances where it will not be seen by a young person

View the Government of Canada's website for further information.

Provincial Government
Recreational cannabis was legalized on October 17, 2018 by the Federal Government. Ontario’s Government for the People has put rules in place to keep cannabis out of the hands of children and youth, keep our roads safe and combat the illegal market.

Ontario now has laws in place (after extensive public and stakeholder engagement) about how, where and who can buy and possess cannabis in the province. The government is also moving forward with a tightly regulated private retail model for cannabis that would launch by April 1, 2019. 

Medical cannabis will continue to be subject to different rules than recreational cannabis.

View the Province of Ontario's website for further information.  
Frequently Asked Questions About Cannabis

What is legal

  • Adults 19 years and over can purchase up to 30 grams(g) (about one ounce) of cannabis online through the Ontario Cannabis Store
  • Adults can have 30 g of dried cannabis in their possession
  • Cannabis can be used by adults in a private home or on private property and in places where it is legal to smoke tobacco
  • Condominiums/apartments can have their own rules around cannabis use/growth
  • Adults can grow up to four plants per household in their residence or in their outdoor space

What is not legal

  • Like tobacco, the use of cannabis is not permitted in publicly owned spaces and sports facilities
  • Cannabis use is not permitted in vehicles and boast that are being driven or under a person's care or control
  • Children under the age of 19 cannot buy, use, possess or grow cannabis
  • An unlicensed individual or corporation cannot sell or distribute cannabis
  • Travelling outside of Canada with cannabis is not permitted
  • You cannot drive while impaired from cannabis
  • Advertising cannabis in public is not permitted

Q. When did cannabis become legal?

A. The federal legislation that legalizes recreational cannabis came into effect on October 17, 2018.

Q. What is the legal age to have cannabis in Ontario?
A. In Ontario, the legal age limit to buy, use, possess and grow recreational cannabis is 19 years or older.

Q. Where can cannabis be used?
A. Recreational cannabis can only be used:

  • In a private residence, including the outdoor space of a home (for example, a porch or back yard)
  • Within a residential unit or balcony; however, that depends on building rules and/or lease agreements

Recreational cannabis cannot be used in:

  • Motor vehicles and boats being driven under a person's care or control
  • Workplaces
  • In parks or near playgrounds with distances set out in the Smoke Free Ontario Act.
  • University/college residences
  • Non- designated rooms in hotels, motels or inns
  • Any place where smoking tobacco is prohibited, including Celebration Square and in Municipal parks

Q. Where can I buy cannabis?
A. As of October 17, 2018, you can order cannabis products online through the Ontario Cannabis Store which will be operated by the Government of Ontario. In April 2019, you will also be able to make purchases at provincially-regulated retail locations.

Q. Where will the retail locations be located?
A. This is not yet known. The province will approve and licence retail store locations and the number of stores. The Government of Ontario is providing municipalities with the ability to opt-out of having retail locations within their jurisdiction. The Municipality of Brockton has until January 22, 2019 to make the decision to opt-out or permit retail stores. 

Q. What if my neighbour is smoking or growing Cannabis and the smell is bothering me, who do I contact about this?
A. Nuisance odor caused by a neighbour smoking cannabis is not in contravention of any Municipal by-law. Neighbours should be respectful and considerate of one another when consuming cannabis on private property.

Q. Will there be consultations where the public will have the opportunity to weigh-in on the Municipality of Brockton opting-out or having retail locations?
A. Yes, the Municipality of Brockton is looking to receive public input on the decision on whether or not to opt out through Brockton's Cannabis Retail Store Survey.

Q. Will retail stores be located near schools?
A. The province has proposed a licence and regulated private retail model that includes the establishment of distance buffers between schools and retail cannabis locations. This will ensure that cannabis will not be offered for sale at retail locations close to schools.

Retail License Requests
The government of Ontario has announced the Alcohol and Gaming Commission of Ontario (AGCO) as the regulator for privately run recreational cannabis stores. The AGCO’s focus will be on the safe, responsible and lawful sale of cannabis, consistent with the government legislation, once enacted.

The AGCO will move quickly to define the licensing process for private retailers once the legislation has been enacted, and will work closely with the government to support the goal of having private stores licensed and open for business by April 1, 2019.

The AGCO will provide a list of municipalities who have opted-in to private sales of cannabis and how to obtain a retail license request.
Additional Information
  • Municipality of Brockton Report Number CAO2018-27 - Retail Sale of Recreational Cannabis (Presented at December 3, 2018 Council Meeting)
  • Municipality of Brockton Press Release: Municipality Launches Survey Seeking Public Opinions on Retail Cannabis Outlets (Released December 5, 2018)
  • Municipality of Brockton Report Number CAO2019-01 - Retail Sale of Cannabis in Brockton (Presented at January 8, 2019 Council Meeting)

 

Cannabis Documentation:

  • Ontario Establishes Strict Regulations for the Licensing and Operation of Private Cannabis Stores (November 14, 2018)
  • Bill 36, Ontario Cannabis Statute Law Amendment Act - Ready for Legislative Approval (October 15, 2018)
  • AMO Recommendations: Bill 36 Ontario Cannabis Statute Law Amendment Act, 2018 (October 11, 2018)
  • AMO Submission on Bill 36 - Cannabis Statute Law Amendment Act, 2018 (October 11, 2018)
  • AMO Briefing: Municipal Governments in the Ontario Recreational Cannabis Framework (October 3, 2018)
  • Bill 36 - Changes to other Acts related to the Use and Sale of Cannabis (September 28, 2018)
  • Province to Introduce Private Cannabis Retail Legislation – With Municipal Opt Out (September 26, 2018)

 

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