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3rd Session, 41st Legislature

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Bill 11

THE SAFE AND RESPONSIBLE RETAILING OF CANNABIS ACT (LIQUOR AND GAMING CONTROL ACT AND MANITOBA LIQUOR AND LOTTERIES CORPORATION ACT AMENDED)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE LIQUOR AND GAMING CONTROL ACT

C.C.S.M. c. L153 amended

1           The Liquor and Gaming Control Act is amended by this Part.

2           The title is replaced with "THE LIQUOR, GAMING AND CANNABIS CONTROL ACT".

3(1)        Subsection 1(1) is amended

(a) by adding the following definitions:

"cannabis" means cannabis as defined in the Cannabis Act (Canada). (« cannabis »)

"cannabis store" means the premises specified in a retail cannabis licence where the retail sale of cannabis is authorized. (« magasin de cannabis »)

"retail cannabis licence" means a licence issued under Division 2 of Part 4.1. (« licence de vente au détail de cannabis »)

"retail liquor premises" means

(a) the premises specified in a retail liquor licence where the retail sale of liquor is authorized; or

(b) the premises that are the subject of a retail endorsement granted under section 47. (« point de vente au détail de boissons alcoolisées »)

"sell" means to supply for any type of consideration, remuneration or benefit, whether direct or indirect, and includes to offer for sale or display for sale. (« vendre »)

(b) by repealing the definition "retail premises"; and

(c) in the definition "authority", by striking out "Liquor and Gaming Authority of Manitoba" and substituting "Liquor, Gaming and Cannabis Authority of Manitoba".

3(2)         The following is added after subsection 1(2):

Interpretation — intoxication

1(3)        For the purpose of this Act, a person is intoxicated if his or her mental or physical capabilities are significantly affected by liquor, cannabis or other drug, or by any other substance.

4           Section 2 is amended by striking out "and" at the end of clause (a), adding "and" at the end of clause (b) and adding the following after clause (b):

(c) to ensure that cannabis is purchased, distributed and sold in a manner that is in the public interest.

5           The heading for Part 2 is replaced with "LIQUOR, GAMING AND CANNABIS AUTHORITY OF MANITOBA".

6           Subsection 3(1) is replaced with the following:

Liquor, Gaming and Cannabis Authority of Manitoba

3(1)        The Liquor and Gaming Authority of Manitoba is continued under the name "Liquor, Gaming and Cannabis Authority of Manitoba".

7(1)        The following is added after subsection 8(2):

Duties — cannabis

8(2.1)      The authority has the following duties in respect of cannabis:

(a) to regulate persons who sell and distribute cannabis; and

(b) to provide information and advice to the minister about activities respecting cannabis.

7(2)        Clause 8(3)(a) is amended by adding "and cannabis" after "liquor".

7(3)         Subsection 8(4) is amended by striking out "liquor and gaming" wherever it occurs and substituting "liquor, gaming and cannabis".

8           Section 9 is amended by striking out "liquor or gaming" and substituting "liquor, gaming or cannabis".

9           Section 23 is amended by repealing the definition "sell".

10          In the following provisions, "retail premises" is struck out wherever it occurs and "retail liquor premises" is substituted:

(a) subclause 25(1)(b)(iii);

(b) section 26;

(c) the section heading to section 39;

(d) sections 41 to 43;

(e) subsection 49(6);

(f) the section heading to subsection 66(2);

(g) subsection 67(1).

11(1)       Subsection 40(1) is amended by striking out "retail premises" and substituting "retail liquor premises".

11(2)       Subsection 40(2) is amended by adding "or different" after "additional".

12          The following is added after section 101:

PART 4.1

CANNABIS

DIVISION 1

INTERPRETATION AND APPLICATION

Definitions

101.1       The following definitions apply in this Part.

"age-restricted cannabis store" means a cannabis store that is the subject of an age-restricted retail cannabis licence. (« magasin de cannabis interdit aux jeunes »)

"cannabis distributor" means a person who holds a cannabis distributor licence issued under section 101.11. (« distributeur de cannabis »)

"cultivate" includes propagate and harvest. (« cultiver »)

"remote order" means an order for the purchase of cannabis that has been submitted on the Internet or by another method approved by the executive director. (« commande à distance »)

"residence" means a dwelling-house as defined in subsection 12(8) of the Cannabis Act (Canada). (« résidence »)

"young person" means a person under the age of 19 years. (« jeune »)

No application to cannabis for medical purposes

101.2(1)    This Act does not apply to the consumption, possession, distribution, purchase, sale or cultivation of cannabis for medical purposes that occurs in accordance with the requirements of the applicable federal law.

No application to authorized activities under federal Act

101.2(2)    This Act does not apply to an activity respecting cannabis that is conducted under the authority of a licence, permit, authorization, order or exemption under the Cannabis Act (Canada).

Cannabis for research purposes permitted

101.2(3)    This Act does not prohibit the consumption, possession or cultivation of cannabis for research or educational purposes in prescribed circumstances.

DIVISION 2

RETAIL SALE OF CANNABIS

Cannabis store agreement

101.3(1)    The Minister of Growth, Enterprise and Trade may enter into an agreement with a person to establish and operate a cannabis store.

Cannabis store agreement with MLLC

101.3(2)    If authorized by the Lieutenant Governor in Council, MLLC may enter into an agreement with a person to establish and operate a cannabis store.

Retail cannabis licence

101.4(1)    The executive director may issue a retail cannabis licence to a person who has entered into an agreement under section 101.3.

Authorized sales

101.4(2)    A retail cannabis licence authorizes the holder to sell cannabis on a retail basis

(a) to customers at the premises specified in the licence; and

(b) for delivery from the premises specified in the licence, based on remote orders received by the holder.

Categories of retail cannabis licence

101.4(3)    The executive director may issue the following categories of retail cannabis licence:

1.  Controlled-access licence

A licence that authorizes the holder to operate a cannabis store in which cannabis and cannabis packages and labels are stored behind a counter or behind shelving with covers that prevent persons from viewing them. Customers in the store are not allowed to view or access cannabis and any cannabis packages until after purchase.

2.  Age-restricted licence

A licence that authorizes the holder to operate a cannabis store that young persons are prohibited from entering and in which measures specified by the executive director must be implemented to prevent persons outside the store from viewing the interior of the store.

Separate licences required

101.5(1)    A separate retail cannabis licence is required for each location where a person operates a cannabis store.

Temporary location

101.5(2)    The executive director may issue a written authorization to the holder of a retail cannabis licence that enables the holder to operate a cannabis store at an additional or different location set out in the authorization for a specified period.

Cannabis must be purchased from MLLC

101.6(1)    All cannabis sold at a cannabis store must have been purchased from MLLC by the holder of the retail cannabis licence.

Sale of authorized classes of cannabis

101.6(2)    Subject to the regulations, the holder of a retail cannabis licence may sell only the classes of cannabis that are authorized for sale under the Cannabis Act (Canada).

Packaging and labelling

101.6(3)    The holder of a retail cannabis licence must ensure that all cannabis sold at the cannabis store is packaged and labelled in accordance with the Cannabis Act (Canada).

Cannabis not visible to young persons

101.7       The holder of a retail cannabis licence must ensure that cannabis and cannabis packages and labels in the cannabis store are not visible to a young person.

No young persons in age-restricted cannabis store

101.8(1)    A young person must not enter or remain in an age-restricted cannabis store.

Prohibiting entry by young persons

101.8(2)    The holder of an age-restricted retail cannabis licence must not allow a young person to be present in the age-restricted cannabis store.

Production of identification

101.8(3)    If a person who appears to be a young person

(a) seeks to enter or is present in an age-restricted cannabis store; or

(b) attempts to purchase cannabis at a cannabis store;

the holder of the retail cannabis licence must require the person to produce prescribed identification that provides proof of the person's age.

No consumption in cannabis store

101.9       A person must not consume cannabis in any manner in a cannabis store.

Requirements re operation of cannabis store

101.10      The holder of a retail cannabis licence must ensure that the operation of the cannabis store does not contravene a federal or provincial enactment or a municipal by-law.

DIVISION 3

CANNABIS DISTRIBUTORS

Cannabis distributor licence

101.11(1)    The executive director may issue a cannabis distributor licence to a person who has entered into an agreement under section 47.3 of The Manitoba Liquor and Lotteries Corporation Act.

Authorized activities

101.11(2)    A cannabis distributor licence authorizes the holder, when directed by MLLC,

(a) to acquire cannabis and sell it to MLLC;

(b) to store cannabis in Manitoba; and

(c) to deliver cannabis to cannabis stores.

Purchase requirement

101.12      All cannabis acquired by a cannabis distributor must have been produced by a person who is authorized under the Cannabis Act (Canada) to produce cannabis for commercial purposes.

DIVISION 4

PROHIBITIONS RE CANNABIS

No unauthorized sale of cannabis

101.13(1)    Except as authorized under this Act, a person must not sell cannabis.

No sale or provision of cannabis for resale

101.13(2)    A person must not give, sell or otherwise supply cannabis to another person who is not authorized to sell cannabis if he or she knows that the other person intends to sell the cannabis in contravention of this Act.

Unlawful purchase of cannabis

101.14      A person must not purchase or attempt to purchase cannabis from a person who is not authorized under this Act to sell cannabis.

No residential cultivation of cannabis

101.15      A person must not cultivate cannabis at his or her residence.

No providing cannabis to intoxicated person

101.16      A person must not give, sell or otherwise supply cannabis to a person who is or who appears to be intoxicated.

No providing cannabis to young persons

101.17      A person must not give, sell or otherwise supply cannabis to a young person.

No possession or consumption by young persons

101.18      A young person must not possess or consume cannabis.

False identification

101.19(1)    A person must not attempt to purchase cannabis or enter an age-restricted cannabis store by presenting identification that

(a) has been altered or defaced to misrepresent the age or identity of the person;

(b) was not legally issued to him or her; or

(c) is otherwise forged or fraudulently made.

No providing identification to young persons

101.19(2)    A person must not provide his or her identification to a young person with the intent of enabling the young person to purchase cannabis or enter an age-restricted cannabis store.

DIVISION 5

SOCIAL RESPONSIBILITY

Public service notices

101.20(1)    The executive director may, by written notice, require the holder of a retail cannabis licence to post public service notices prepared, provided or approved by the authority on topics such as responsible cannabis consumption and the dangers of driving after consuming cannabis.

Duty to post notice

101.20(2)    As specified by the executive director, the holder of a retail cannabis licence must post the notices in the cannabis store and on any website operated by the holder.

Training

101.21      The holder of a retail cannabis licence must ensure that any person who is involved in the sale of cannabis has successfully completed a training course specified by the executive director.

Investigating and mediating complaints

101.22(1)    If the executive director becomes aware of a complaint respecting the operation of a cannabis store, he or she may

(a) investigate the complaint; and

(b) if the person making the complaint and the holder of the retail cannabis licence agree, attempt to mediate the complaint.

Information from municipality

101.22(2)    The executive director may require the municipality in which the cannabis store is located to provide any information in its possession respecting the complaint and the municipality must provide all requested information in its possession.

Municipality may participate in mediation

101.22(3)    The executive director may request the municipality to take part in a mediation of the complaint.

Reporting to executive director

101.23      Immediately after becoming aware of any information that would indicate that the holder of a retail cannabis licence may be involved in the contravention of this Act, MLLC must report the information to the executive director.

DIVISION 6

MISCELLANEOUS PROVISIONS

RE CANNABIS

Importing cannabis

101.24      Nothing in this Act prohibits a person from possessing and consuming cannabis that he or she has lawfully imported or brought into Manitoba.

No accepting gifts

101.25      Except as permitted by regulation, the holder of a retail cannabis licence must not accept a gift of cannabis or a cannabis sample from a cannabis producer, a cannabis distributor or any other person.

Transporting cannabis in boats

101.26(1)    A person must not operate or have the care and control of a boat while there is cannabis in the boat, unless the cannabis is stored in a closed compartment in the boat.

Definition: "boat"

101.26(2)    In subsection (1), "boat" means any type of craft or vessel that is designed or used to travel on water.

Exemptions

101.27(1)    The Lieutenant Governor in Council may make regulations exempting any person, place or thing from any provision of this Part or the regulations or providing that any provision of this Part or the regulations does not apply in respect of a person, place, thing or circumstance. The regulations may specify conditions or restrictions in relation to an exemption or non-application.

Requirement to prove exemption

101.27(2)    A person who intends to rely on an exemption under this Part, or on the non-application of any provision of this Part or the regulations must, on the request of an inspector,

(a) provide the inspector with a prescribed document or other thing to confirm the exemption or non-application; or

(b) if no document or other thing is prescribed, demonstrate the applicability of the exemption or non-application to the satisfaction of the inspector.

13          Subsection 106(3) is replaced with the following:

Zoning and approval requirement

106(3)      A liquor service licence, a retail liquor licence, a retail cannabis licence or a cannabis distributor licence may not be issued unless the executive director is satisfied that the proposed premises will comply with all applicable municipal zoning requirements and that the applicant has obtained or will obtain all required licences, permits and approvals.

14          Section 109 is amended by renumbering it as subsection 109(1) and adding the following as subsections 109(2) and (3):

Validity of cannabis store licence

109(2)      Despite subsection (1), a retail cannabis licence is valid only while the holder's agreement under section 101.3 (cannabis store agreement) is in force.

Validity of cannabis distributor licence

109(3)      Despite subsection (1), a cannabis distributor licence is valid only while the holder's agreement under section 47.3 of The Manitoba Liquor and Lotteries Corporation Act is in force.

15(1)       Subsection 124(2) is amended by adding ", cannabis" after "gaming supplies".

15(2)       Clause 124(3)(a) is amended by striking out "a minor" and substituting "under an age required by a provision of this Act".

16          The following is added after section 143:

Presumption re cannabis

143.1       In the absence of evidence to the contrary, when an inspector seizes a package in circumstances that create a reasonable inference that the contents of the package contain cannabis, the contents are deemed to be cannabis.

17          The following is added after section 145:

Evidence: providing cannabis

145.1       In a proceeding, evidence that an individual left a cannabis store with cannabis in his or her possession is proof, in the absence of evidence to the contrary, that the holder of the retail cannabis licence gave, sold or otherwise supplied the cannabis to the individual.

18          Section 147 is amended

(a) in the part before clause (a), by striking out "involving a minor" and substituting "related to the age of a person";

(b) in clause (a), by striking out "was at least 18 years of age" and substituting "was the required age"; and

(c) in clause (b), by striking out "was at least 18 years of age" and substituting "was the required age".

19(1)       Subsection 149(1) is amended

(a) in the part before clause (a), by striking out "summary";

(b) in clause (a),

(i) by striking out "$50,000" and substituting "$100,000", and

(ii) by striking out "six months" and substituting "one year"; and

(c) in clause (b), by striking out "$250,000" and substituting "$500,000".

19(2)       Subsection 149(2) is amended by striking out "summary".

20          Section 151 is amended by adding "or cannabis" after "liquor".

21(1)       Subsection 157(1) is amended

(a) in clause (e), by striking out "retail premises" and substituting "retail liquor premises";

(b) in clause (h), by striking out "liquor and of lottery schemes" and substituting "liquor, lottery schemes and cannabis"; and

(c) by adding the following after clause (h):

(i) prescribing the days and hours when cannabis must not be sold in cannabis stores.

21(2)       Subsection 157(2) is amended

(a) in clauses (j) and (k), by striking out "retail premises" wherever it occurs and substituting "retail liquor premises"; and

(b) by adding the following after clause (dd):

(dd.1) respecting the operation of cannabis stores;

(dd.2) prescribing standards for cannabis stores, including design requirements and security measures;

(dd.3) prohibiting the sale of specified varieties, forms or types of cannabis at cannabis stores;

(dd.4) restricting or prohibiting the sale of specified products at cannabis stores;

(dd.5) requiring holders of retail cannabis licences to give purchasers written materials approved by the authority respecting cannabis;

(dd.6) respecting the delivery of cannabis from cannabis stores, including the packaging of cannabis for delivery and the manner in which cannabis is to be delivered;

(dd.7) regulating or prohibiting specified activities in cannabis stores;

(dd.8) specifying the circumstances in which the holder of a retail cannabis licence may accept a gift of cannabis or a cannabis sample;

(dd.9) respecting the operations of cannabis distributors;

(dd.10) prescribing standards for storage facilities used by cannabis distributors, including design requirements and security measures;

(dd.11) respecting the transportation and delivery of cannabis by cannabis distributors;

(dd.12) establishing measures to be taken by holders of retail cannabis licences and cannabis distributor licences to prevent cannabis from being diverted into an illegal market;

(dd.13) respecting the records to be kept and maintained by holders of retail cannabis licences and cannabis distributor licences and the submission of records to the authority or other prescribed persons;

(dd.14) governing transitional matters necessary to respond to changes in applicable federal law respecting cannabis;

22          Section 158 is amended by replacing the definition "local sale" with the following:

"local sale" means

(a) the sale of liquor from retail liquor premises or licensed premises in a municipality; and

(b) the sale of cannabis from a cannabis store in a municipality. (« vente locale »)

23          The centred heading before section 159 is amended by adding "AND CANNABIS" after "ON LIQUOR".

24          The following is added after section 160:

Plebiscite on cannabis sales

160.1       A plebiscite may be held in a municipality in accordance with this Part to

(a) prohibit the local sale of cannabis in the municipality; or

(b) repeal the prohibition on the local sale of cannabis in effect in the municipality.

25(1)       Subsection 165(1) is amended by striking out "A plebiscite" and substituting "Subject to subsection (1.1), a plebiscite".

25(2)       The following is added after subsection 165(1):

Exception for plebiscite on cannabis sales

165(1.1)    A municipality may hold a plebiscite under section 160.1 (plebiscite on cannabis sales) before January 1, 2022, on a date specified by the council of the municipality. On or after that date, a plebiscite may only be held on voting day.

26(1)       Subsection 167(1) is amended by striking out "retail premises" and substituting "retail liquor premises".

26(2)       The following is added after subsection 167(3):

Effect of plebiscite prohibiting sale of cannabis

167(4)      If a plebiscite to prohibit the local sale of cannabis is approved, no retail cannabis licence authorizing the operation of a cannabis store may be issued in the municipality and any such licences in effect in the municipality are cancelled effective six months after the plebiscite.

27          Section 169 is amended by striking out "liquor licences and siteholder agreements" and substituting "liquor licences, siteholder agreements and retail cannabis licences".

28          Section 171 and the centred heading before it are replaced with the following:

SUNDAY LIQUOR AND CANNABIS SALES

Sunday liquor sales

171(1)      Subject to section 172, all retail liquor premises and licensed premises may sell or serve liquor on Sunday unless prohibited from doing so under this Act.

Sunday cannabis sales

171(2)      Subject to section 172.1, all cannabis stores may sell cannabis on Sunday unless prohibited from doing so under this Act.

29(1)       Subsection 172(1) is amended

(a) in the section heading, by striking out "Sunday opening" and substituting "Sunday liquor sales"; and

(b) by striking out "retail premises" and substituting "retail liquor premises".

29(2)       Subsection 172(3) is amended by striking out "retail premises" and substituting "retail liquor premises".

30          The following is added after section 172:

By-law re Sunday cannabis sales

172.1(1)    The council of a municipality may pass a by-law prohibiting the sale of cannabis at cannabis stores in the municipality on Sunday.

No other restriction in by-law

172.1(2)    A by-law under this section must not contain any other restrictions or prohibitions regarding the sale of cannabis at cannabis stores in the municipality.

Notice to authority

172.1(3)    A municipality that passes a by-law under this section must give a copy of the by-law to the authority as soon as possible after it passes the by-law and must notify the authority if it repeals the by-law.

31          The section heading to section 173 is replaced with "Compliance with Sunday liquor sale by-law".

32          The following is added after section 173:

Compliance with Sunday cannabis sale by-law

173.1       When a by-law under section 172.1 is in effect in a municipality, a person must not sell cannabis at a cannabis store in the municipality in contravention of that by-law.

PART 2

THE MANITOBA LIQUOR AND LOTTERIES

CORPORATION ACT

C.C.S.M. c. L155 amended

33          The Manitoba Liquor and Lotteries Corporation Act is amended by this Part.

34          Section 1 is amended

(a) by repealing the definition "Liquor and Gaming Authority";

(b) in the definitions "liquor" and "retail beer vendor", by striking out "The Liquor and Gaming Control Act" and substituting "The Liquor, Gaming and Cannabis Control Act"; and

(c) by adding the following definitions:

"Authority" means the Liquor, Gaming and Cannabis Authority of Manitoba continued under The Liquor, Gaming and Cannabis Control Act. (« Régie »)

"cannabis" means cannabis as defined in the Cannabis Act (Canada). (« cannabis »)

"cannabis store" means the premises specified in a retail cannabis licence issued under The Liquor, Gaming and Cannabis Control Act where the retail sale of cannabis is authorized. (« magasin de cannabis »)

35          Section 3 is amended

(a) by adding the following after clause (c):

(c.1) to acquire cannabis and sell it to operators of cannabis stores for resale;

(b) in clause (d), by striking out "lottery schemes and liquor" and substituting "lottery schemes, liquor and cannabis"; and

(c) in clause (e), by adding "and cannabis" after "responsible liquor".

36          Clause 22(2)(d) of the English version is amended by striking out "the Liquor and Gaming Authority" and substituting "the Authority".

37          Subsection 27(1) is amended by adding "or cannabis" after "liquor".

38(1)       Subsection 28(1) is amended by striking out "or" at the end of clause (e), adding "and" at the end of clause (f) and adding the following after clause (f):

(g) a person with whom the corporation has an agreement under section 47.3 (cannabis distributor).

38(2)       Subsection 28(2) is amended by striking out "specified records" and substituting "records specified under subsection (1)".

38(3)       Subsection 28(3) is amended by striking out "The Liquor and Gaming Control Act" and substituting "The Liquor, Gaming and Cannabis Control Act".

38(4)       The following is added after subsection 28(4):

Audits and inspections — cannabis store operators

28(5)       The corporation or a person appointed by the corporation may inspect and audit the financial records and sales records of the holder of a retail cannabis licence issued under The Liquor, Gaming and Cannabis Control Act.

39          Section 29 is amended by striking out "gaming or liquor" wherever it occurs and substituting "gaming, liquor or cannabis".

40          Section 31 is amended by striking out "The Liquor and Gaming Control Act" and substituting "The Liquor, Gaming and Cannabis Control Act".

41          The following is added after section 47:

PART 4.1

CANNABIS OPERATIONS

Exclusive authority

47.1(1)     Subject to this Part and The Liquor, Gaming and Cannabis Control Act, the corporation has the exclusive authority to acquire cannabis and sell it to operators of cannabis stores for resale.

Purchase requirements

47.1(2)     All cannabis acquired by the corporation must be produced by a person who is authorized to produce cannabis for commercial purposes under the Cannabis Act (Canada).

Duty of corporation to supply

47.2        When the operator of a cannabis store asks the corporation to supply a particular class, variety or brand of cannabis, the corporation must make reasonable efforts to do so on a timely basis.

Cannabis distributor agreement

47.3(1)     The corporation may enter into an agreement with a person to act as a cannabis distributor.

Cannabis distributor activities

47.3(2)     Subject to subsection (3), a person who enters into a cannabis distributor agreement may, in accordance with that agreement,

(a) acquire cannabis and sell it to the corporation;

(b) store cannabis in Manitoba; and

(c) deliver cannabis to cannabis stores.

Licence required

47.3(3)     A person who has entered into a cannabis distributor agreement may engage in the activities set out in subsection (2) only if the person holds a valid cannabis distributor licence issued under The Liquor, Gaming and Cannabis Control Act.

42          Subsection 48(1) is amended by adding "and cannabis" after "responsible liquor".

43          The following is added after clause 49(1)(i):

(i.1) establishing measures to be taken by the corporation to prevent cannabis from being diverted into an illegal market;

PART 3

RELATED AND CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE

RELATED AND CONSEQUENTIAL AMENDMENTS

C.C.S.M. c. C107 amended

44          Clauses 3(2)(a) and (c) and 5(2)(d) and (h) of The Civil Remedies Against Organized Crime Act are amended by striking out "The Liquor and Gaming Control Act" and substituting "The Liquor, Gaming and Cannabis Control Act".

C.C.S.M. c. H60 amended

45(1)       The Highway Traffic Act is amended by this section.

45(2)       Clause 170(1)(a.2) is amended by striking out everything after "purchase or obtain liquor" and substituting "or cannabis in contravention of The Liquor, Gaming and Cannabis Control Act;".

45(3)       Subsection 213(1) is amended by striking out "The Liquor and Gaming Control Act" and substituting "The Liquor, Gaming and Cannabis Control Act".

45(4)       Section 267 is amended

(a) in the section heading, by adding "or cannabis";

(b) in the part before clause (a),

(i) by striking out "The Liquor and Gaming Control Act" and substituting "The Liquor, Gaming and Cannabis Control Act", and

(ii) by adding "or cannabis" after "with respect to liquor".

C.C.S.M. c. L110 amended

46          Clause 17(1)(b) of The Legislative Assembly Act is amended by striking out "The Liquor and Gaming Control Act" and substituting "The Liquor, Gaming and Cannabis Control Act".

C.C.S.M. c. M110 amended

47          Subsection 119(2) of The Mental Health Act is amended by striking out "The Liquor and Gaming Control Act" and substituting "The Liquor, Gaming and Cannabis Control Act".

C.C.S.M. c. M226 amended

48          Clause 23(1)(i) of The Municipal Assessment Act is amended in the part after subclause (ii) by striking out "The Liquor and Gaming Control Act" and substituting "The Liquor, Gaming and Cannabis Control Act".

C.C.S.M. c. M257 amended

49          Subclause 2(b)(i) and clause 51(5)(b) of The Municipal Councils and School Boards Elections Act are amended by striking out "The Liquor and Gaming Control Act" and substituting "The Liquor, Gaming and Cannabis Control Act".

C.C.S.M. c. N92 amended

50          Subsection 1(1) of The Non-Smokers Health Protection and Vapour Products Act is amended in the definition "licensed premises" by striking out "The Liquor and Gaming Control Act" and substituting "The Liquor, Gaming and Cannabis Control Act".

C.C.S.M. c. R80 amended

51          Subsection 3.1(3) of The Remembrance Day Act is amended by striking out everything after "does not apply" and substituting "to premises that are the subject of a licence or permit issued under The Liquor, Gaming and Cannabis Control Act.".

C.C.S.M. c. R120 amended

52          Clause 4(b) of The Retail Businesses Holiday Closing Act is amended

(a) by adding "or cannabis" after "retail sale of liquor"; and

(b) by striking out "The Liquor and Gaming Control Act" and substituting "The Liquor, Gaming and Cannabis Control Act".

C.C.S.M. c. S5 amended

53          Subsection 1(1) of The Safer Communities and Neighbourhoods Act is amended in the definition "specified use"

(a) in clause (a), by striking out "The Liquor and Gaming Control Act" and substituting "The Liquor, Gaming and Cannabis Control Act";

(b) by replacing clause (b) with the following:

(b) for the sale of liquor or cannabis without a licence or permit issued under The Liquor, Gaming and Cannabis Control Act,

(c) by adding the following after clause (d):

(d.1) for the cultivation or production of cannabis in contravention of the Cannabis Act (Canada) or The Liquor, Gaming and Cannabis Control Act,

C.C.S.M. c. S110 amended

54          Section 1 of The Shops Regulation Act is amended by replacing clause (b) of the definition "shop" with the following:

(b) where liquor or cannabis is sold under the authority of a licence or permit issued under The Liquor, Gaming and Cannabis Control Act.

C.C.S.M. c. T2 amended

55          Section 122 of The Tax Administration and Miscellaneous Taxes Act is amended in the definitions "beer" and "liquor" by striking out "The Liquor and Gaming Control Act" and substituting "The Liquor, Gaming and Cannabis Control Act".

C.C.S.M. c. Y50 amended

56          Section 1 of The Youth Drug Stabilization (Support for Parents) Act is amended in the definition "alcohol" by striking out "The Liquor and Gaming Control Act" and substituting "The Liquor, Gaming and Cannabis Control Act".

COMING INTO FORCE

Coming into force

57          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Liquor and Gaming Control Act and The Manitoba Liquor and Lotteries Corporation Act to authorize and regulate the retail sale of cannabis in Manitoba when such sales are permitted by the federal government.

Cannabis sales

Cannabis may be sold only by a person who holds a retail cannabis licence. This licence authorizes the sale of cannabis at a location specified in the licence as well as through online sales. Cannabis stores may sell only cannabis that has been grown by federally authorized producers. Cannabis sold in a cannabis store must be packaged and labelled in accordance with federal requirements.

The Manitoba Liquor and Lotteries Corporation (MLLC) is responsible for acquiring cannabis for resale. All cannabis at cannabis stores must have been purchased from MLLC. MLLC may enter into agreements with private parties who will act as cannabis distributors.

Liquor, Gaming and Cannabis Authority

The Liquor and Gaming Authority of Manitoba is renamed the Liquor, Gaming and Cannabis Authority of Manitoba. It is responsible for licensing cannabis stores and cannabis distributors. Its inspectors will inspect cannabis stores and enforce restrictions and prohibitions regarding cannabis.

Prohibitions

A number of prohibitions related to cannabis are created to protect the public and prevent young persons from using cannabis. Residential cultivation of cannabis is prohibited. A person under 19 years of age cannot buy cannabis at a cannabis store and they are prohibited from possessing or using cannabis. The provision of cannabis to persons who are impaired by alcohol, cannabis or other substances is prohibited.

The penalties for offences under The Liquor, Gaming and Cannabis Control Act are increased.

Plebiscite on cannabis stores

A municipality may hold a plebiscite to prohibit the operation of cannabis stores in the municipality.

Related and consequential amendments are made to a number of Acts.