Cannabis Management Corporation Regulations

c t CANNABIS MANAGEMENT CORPORATION REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to August 11, 2018. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca INTERPRETATION Cannabis Management Corporation Regulations Section 1 c CANNABIS MANAGEMENT CORPORATION ACT CHAPTER C-1.3 CANNABIS MANAGEMENT CORPORATION REGULATIONS Pursuant to section 21 of the Cannabis Management Corporation Act R.S.P.E.I. 1988, Cap. C-1.3, Council made the following regulations: INTERPRETATION 1. Definitions In these regulations, (a) “Act” means Cannabis Management Corporation Act R.S.P.E.I. 1988, Cap. C-1.3; (b) “employee” means an employee of the Corporation; (c) “holiday” means a holiday as defined in the Retail Business Holidays Act R.S.P.E.I. 1988, Cap. R-13.02; (d) “package” means any container or receptacle used for holding cannabis; (e) “service provider” means a person or business that is authorized to transport cannabis pursuant to section 12; (f) “store” means a retail facility established by the Corporation for the sale of cannabis. (EC460/18) Store Operations 2. Setting days and hours of opening (1) Subject to this section, the Board shall set the hours during which cannabis can be sold in the Corporation’s stores. Not open on holiday (2) No store shall be open for the sale of cannabis on a holiday. Limits on hours (3) No store shall be open for the sale of cannabis before 9 a.m. or after 11 p.m. from Monday to Saturday. c t Current to: August 11, 2018 Page 3 INTERPRETATION Section 3 Cannabis Management Corporation Regulations Sunday hours (4) No store shall be open for the sale of cannabis before 12 noon or after 5 p.m. on a Sunday. (EC460/18) 3. Uniform pricing (1) The Board shall ensure that the prices for each variety, form or type of cannabis are uniform in all of the Corporation’s stores. Online prices (2) For greater certainty, the uniform pricing referred to in subsection (1) does not include shipping and handling charges on online orders. (EC460/18) Sale Requirements 4. Sale conducted by employee (1) The sale of cannabis at each store shall be conducted by an employee of the Corporation. Prohibition (2) No employee shall sell cannabis to a person who is under the age of 19 years. Proof of age (3) An employee may request any person who attempts to purchase cannabis to produce proof in accordance with section 13 that the person is 19 years of age or older. Sale to intoxicated person, etc. (4) No employee shall sell or otherwise provide cannabis to a person who appears to be intoxicated or impaired by alcohol or a drug. Maximum quantity (5) No employee shall sell or otherwise provide more than 30 grams of cannabis to a purchaser in a single transaction. (EC460/18) 5. Sealed package (1) No cannabis shall be sold to a purchaser except in a sealed package. Prohibition (2) No person, other than an employee who works in the store, shall open a cannabis package on the premises of a store. (EC460/18) 6. No consumption of cannabis in store (1) No employee shall allow any person to consume cannabis on the premises of the store where the employee is employed. Prohibition (2) No person shall consume any cannabis on the premises of a store. (EC460/18) Page 4 Current to: August 11, 2018 t c INTERPRETATION Cannabis Management Corporation Regulations Section 7 7. Persons under age of 19 years (1) No person under the age of 19 years shall enter or be in a store. Proof of age (2) A person entering or present on the premises of a store shall on request provide proof in accordance with these regulations that the person is at least 19 years of age. (EC460/18) Security Measures 8. Anti-diversion measures (1) The Corporation shall ensure that adequate measures are implemented to prevent cannabis in its control being diverted to an illicit market or activity, including physical security and storage standards and standards for contracts with service providers. Lockable storage (2) Cannabis on the premises of a store shall be displayed in a lockable storage container. Operational procedures (3) The Corporation shall implement and periodically review written operational procedures respecting access to cannabis in its control by any person. Training (4) The Corporation shall ensure that its directors, officers and employees receive training with respect to each of the operational procedures that are relevant to the person’s role in the Corporation. Contractors (5) Where the Corporation contracts with a person or entity to undertake activities which involve the possession, transportation or distribution of cannabis owned by the Corporation, the Corporation shall (a) require, by written contract, that the person or entity implement the measures the Corporation considers appropriate to reduce the risk of cannabis being diverted to an illicit market or activity; and (b) monitor the person’s or entity’s compliance with those measures. (EC460/18) 9. Background screening of officers, employees (1) The Corporation shall ensure that background screening measures are conducted before hiring officers and employees. Employee training (2) The Corporation shall ensure that all of its employees who sell cannabis to the public receive training with respect to the requirements for the retail sale of cannabis under the Act, the Cannabis Control Act and applicable federal law. (EC460/18) 10. Record keeping The Corporation shall create and maintain the following records: (a) records demonstrating the Corporation’s compliance with sections 8 and 9; c t Current to: August 11, 2018 Page 5 INTERPRETATION Section 11 Cannabis Management Corporation Regulations (b) records demonstrating that all cannabis the Corporation sells was acquired from a licensed producer; (c) records that may be required to enable the Corporation to participate in any national cannabis tracking system that may be required under applicable federal law; (d) records respecting the Corporation’s sales of cannabis and inventory of cannabis each month on an aggregate basis; (e) records that may be required to enable the Corporation to support a product recall; (f) records demonstrating, on an aggregate basis, the Corporation’s compliance with section 17 of the Cannabis Control Act. (EC460/18) 11. Online sales conditions (1) The Corporation shall ensure that the online cannabis retail system has safeguards with regard to product delivery that at a minimum include an identification check of the recipient. Delivery required (2) A delivery person shall ensure that no package is left unattended at the door. (EC460/18) Supply chain exemptions 12. Corporation activities The Corporation shall provide authorization in the form of a valid purchase order, bill of lading or other document issued by the Corporation to a service provider or an employee of the Corporation who is transporting cannabis on behalf of the Corporation. (EC460/18) Identification 13. Acceptable forms of identification For the purposes of the Act and these regulations, the following forms of identification are prescribed: (a) a valid driver’s license issued by a government authority; (b) a valid passport issued by the proper authority in the passport holder’s country of residence; (c) any other valid form of identification issued by a government authority that contains the holder’s photograph and date of birth. (EC460/18) Signage 14. Required sign (1) The Corporation shall ensure that a sign is displayed at the front entry to the premises of each store that states (a) that it is against the law to sell or provide cannabis to persons under the age of 19 years; and (b) that a purchaser may be required to produce identification that includes the purchaser’s photograph and date of birth. Page 6 Current to: August 11, 2018 t c INTERPRETATION Cannabis Management Corporation Regulations Section 14 Sign at cash register (2) The Corporation shall ensure that a sign is displayed on or near every cash register in the store, within clear view of the cashier, that (a) states that it is against the law to sell or provide cannabis to persons under the age of 19 years; and (b) directs the cashier to refuse to sell cannabis to a purchaser who does not produce on request identification that meets the requirements of clause (1)(b). Permitted sign (3) The Corporation may install in its stores signs that list the varieties, forms and types of cannabis offered for sale and the prices of each of them. (EC460/18) c t Current to: August 11, 2018 Page 7