2021
JUNE 16
Registration Refused: How Adjudication in Ontario's Cannabis Licencing Regime is Leaving Store Operator and Manager Hopefuls High and Dry
Published in the Toronto Lawyers' Association TLA Journal.
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2020
OCTOBER 05
The Results are in: Health Canada's Consultation on the Potential Market for Cannabis Health Products
On September 25, 2020, Health Canada published the results from its consultation "Potential Market for Cannabis Health Products (CHPs) that would not Require Practitioner Oversight", which took place from June 19 to September 3, 2019. The consultation sought feedback from the Canadian public and industry on a new category of cannabis products, referred to as cannabis health products ("CHPs").
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JANUARY 15
The Canadian Cannabis Sector: Financing in Difficult Times
Dire predictions in the media about the "bubble bursting" or the floodgates opening for insolvencies in the Canadian cannabis sector has certainly not been helpful to those cannabis producers seeking financing...
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2019
NOVEMBER 14
Cannabis Industry Warned by CSA to Improve Governance
On November 12, 2019, the Canadian Securities Administrators issued Multilateral Staff Notice 51-359 — Corporate Governance Related Disclosure Expectations for Reporting Issuers in the Cannabis Industry (the "Notice") to provide cannabis and other issuers in emerging growth areas with supplemental information related to the disclosure of financial interests in significant corporate transactions...
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JULY 04
Feeling Lucky? Submit an Expression of Interest Application to Participate in the Ontario Cannabis Lottery (Cut 2)
On July 3, 2019 the provincial regulator for cannabis retail storefronts, the Alcohol and Gaming Commission of Ontario (the "AGCO"), announced that it has been given the regulatory authority to conduct a second lottery for 42 private cannabis retail store authorizations (the "Lottery").
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JANUARY 09
Weeding Out The Edible, Extracts And Topical Appeal
On December 20, 2018 Health Canada launched a 60-day public consultation on draft regulations to amend Schedule 4 (the "Schedule") to the Cannabis Act (the "Act") to include the following classes of cannabis that can be legally sold in Canada: "edible cannabis", "cannabis extracts" and "cannabis topicals"...
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2018
DECEMBER 18
Cannabis Reboot – Dealing With Shortages in Ontario
The Government of Ontario announced an interim change in direction for the private retail sale of cannabis — including the delay in the application process...
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DECEMBER 10
Registrar's Standards for the Private Retail Sale of Cannabis: Clarifying the Regulatory Objectives
The Cannabis Licence Act, 2018 and Ontario Regulation 468/18 set out the broad framework of the Ontario regulatory model for the private retail sale of cannabis. This regulatory model has been developed in an unusually quick manner as a result of a substantial change in public policy. The Act and Regulation are discussed in other notes.
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NOVEMBER 26
Cannabis Law: Commercial Law Issues
Rick Moscone and Eugene Derenyi where contributors to Thomson Reuters' 2019 Cannabis Law - a practical guide to all aspects of the new Cannabis Act (Bill C-45) and regulations.
This timely and unique resource is a practical guide to all aspects of the new Cannabis Act (Bill C-45) and regulations, and the complementary provincial laws and regulations.
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NOVEMBER 20
Some Clarity; Some Fog: Cannabis Licence Act, 2018 Ontario Regulation 468/18
The Cannabis Licence Act, 2018 was enacted in October 2018 and provides for a licensing and regulatory regime for privately-owned and operated cannabis retail stores in Ontario...
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OCTOBER 01
Bill 36 — Approach to Cannabis Retailing in Ontario
The Attorney General introduced Bill 36 on September 27, 2018. This Bill, if enacted, would make significant changes to the previous Government's approach to retailing of cannabis and its use in public areas...
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AUGUST 14
Ontario's Evolving Cannabis Retail Model
Minister of Finance Vic Fedeli and Attorney General Caroline Mulroney announced on August 13, 2018 a new "regulated private retail model" for cannabis...
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JUNE 29
Highlights of the New Cannabis Regulations Enacted Under the Cannabis Act
On June 21, 2018, the Cannabis Act (the "Act") received Royal Assent, marking a historic milestone for Canada in that it became the first G7 nation to legalize cannabis. On June 27, 2018, Health Canada released new sets of regulations (the "Regulations"), as summarized below, that support and clarify the Act...
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MARCH 23
Plain Jane Pot Packaging
On March 19, 2018, Health Canada unveiled its proposed regulations under the Cannabis Act applicable to the packaging and labelling of recreational cannabis following a 60-day public consultation period...
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FEBRUARY 13
CSA Staff Notice 51-352 (Revised) - Issuers With U.S. Marijuana-Related Activities
With much uncertainty surrounding the rapidly growing marijuana industry following the rescission of the Obama-era Cole Memorandum, the Canadian Securities Administrators (the "CSA") reiterated a position that bodes well for Canadian issuers involved in U.S. marijuana activities: that a disclosure-based approach remains appropriate in light of the risks posed by an inconsistent legal framework...
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2017
OCTOBER 18
TMX Group and CSA Provide Guidance To Canadian-Listed Cannabis Issuers With Connections To The U.S.
On October 16, 2017, the TMX Group, which operates the Toronto Stock Exchange (TSX) and the TSX Venture Exchange (TSXV), issued a Staff Notice which advised that with regard to the listing requirements of the TSX and TSXV, United States (U.S.) federal law shall take precedence over state laws that have legalized cannabis medically and/or recreationally...
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OCTOBER 06
Cannabis Edibles Coming to Canada
On October 3, 2017, the Standing Committee on Health (HESA) voted for an amendment to Bill C-45 (Cannabis Act) that would allow for the availability of cannabis edibles and concentrates within 12 months of the Cannabis Act coming into force. The amendment will need to be approved by the House of Commons.
