Pursuant to subsection 14(2) of the Alcohol and Gaming Commission Act, 2019, the following is the schedule of monetary penalties that the Board of the Alcohol and Gaming Commission of Ontario has established, and the Minister of the Attorney General has approved, for contraventions of the Cannabis Licence Act, 2018 and its regulation, effective August 9, 2022:

Cannabis Licence Act, 2018

Section

Provision

Maximum Penalty

6(4)

A holder of a retail operator licence, cannabis retail manager

licence or retail store authorization shall comply with any conditions to which the licence or authorization is subject.

Retail Operator Up to $12,000

 

Retail Manager Up to $5,000

 

Holder of Retail Store Authorization Up to $12,000

7(1)

The holder of a retail store authorization must ensure that cannabis begins to be sold at the cannabis retail store by the first anniversary of the day the authorization is issued, and

that cannabis continues to be sold at the store after that date.

Up to $4,000

7(2)

Cannabis may not be sold by the holder of a retail store authorization unless the holder displays, in the prescribed manner, the prescribed cannabis retail seal.

Up to $2,000

7(4)(a)

The holder of a retail store authorization shall not sell or distribute cannabis unless the cannabis has been produced by a person or entity that is authorized under the Cannabis Act (Canada) to produce cannabis for commercial purposes;

Up to $100,000

7(4)(b)

The holder of a retail store authorization shall not sell or distribute cannabis to an individual under 19 years of age and, for the purpose, subsections 7 (2) and (3) of the Cannabis Control Act, 2017 and the regulations made for the purposes of those subsections apply with necessary modifications;

Up to $100,000

7(4)(c)

The holder of a retail store authorization shall keep appropriate records, in accordance with the regulations and any applicable standards and requirements established under section 26 of this Act, respecting its activities in relation to cannabis that it possesses;

Up to $10,000

7(4)(d)

The holder of a retail store authorization shall take adequate measures, in accordance with the regulations and any applicable standards and requirements established under section 26, to reduce the risk of cannabis it possesses being diverted to an illicit market or activity.

Up to $100,000

7(5)

The holder of a retail store authorization shall not sell or distribute cannabis to a person who is or appears to be intoxicated.

Up to $15,000

16

Every applicant for or holder of a licence or authorization issued under this Act shall, no later than five days after any change in address for service, serve on the Registrar, in the manner specified by the Registrar, written notice of the change.

Up to $1,500

18(a)(b)

The holder of a retail store authorization may only sell or charge for,

 

  1. cannabis that was purchased by the holder directly from the Ontario Cannabis Retail Corporation, in the packaging in which it was purchased from the Ontario Cannabis Retail Corporation, subject to the regulations; and
  2. Any other products or services that may be prescribed.

Up to $15,000

19

The holder of a retail store authorization may only purchase cannabis for sale under the retail store authorization from the Ontario Cannabis Retail Corporation.

Up to $100,000

20(a)(b)

The holder of a retail store authorization shall ensure that cannabis sold by the holder is distributed only,

  1. in person in the cannabis retail store or in an area immediately adjacent to it; or,

  2. by delivery.

Up to $8,000

21(2)

The holder of a retail store authorization shall ensure that the amount of cannabis sold to an individual in person at the cannabis retail store in a single visit, whether in a single or multiple transactions, does not exceed the maximum permissible cannabis amount.

Up to $8,000

21(3)

The holder of a retail store authorization shall ensure that the amount of cannabis sold to an individual by the cannabis retail store in a single transaction online or over the telephone does not exceed the maximum permissible cannabis amount.

Up to $8,000

21(4)

The holder of a retail store authorization shall ensure that the amount of cannabis distributed to an individual during a single visit in person or by delivery does not exceed the maximum permissible cannabis amount.

Up to $8,000

22

The holder of a retail store authorization shall ensure that cannabis is sold only through recorded sales.

Up to $8,000

23

The holder of a retail store authorization shall not employ an individual under 19 years of age.

Up to $6,000

24(1)

In the event of the revocation, cancellation or non-renewal of a retail store authorization, the person who held the authorization shall comply with the requirements specified by the Registrar respecting any cannabis left unsold or undistributed as a result of the revocation, cancellation or non-renewal.

Up to $4,000

25(2)

The holder of a retail store authorization shall not employ an individual to perform any of the functions set out in subsection 5 (1) in respect of a cannabis retail store unless the individual is the holder of a cannabis retail manager licence.

Up to $4,000

25(3)

The holder of a cannabis retail manager licence shall perform his or her functions and duties in relation to the cannabis retail store in which the holder is employed in a manner that is consistent with the requirements of sections 18 to 24.

Up to $10,000

26(6)

Subject to subsection (2), every holder of a licence or authorization issued under this Act shall comply with the standards and requirements established under subsection (1).

Retail Operator

Up to $100,000

 

Retail Manager
Up to $10,000

 

Holder of Retail Store Authorization
Up to $100,000

28(4)

If an inspector demands that a record or any other thing be produced under this section, the person who has custody of the record or thing shall produce it and, in the case of a record, on request, shall provide any assistance that is reasonably necessary to interpret the record or to produce it

in a readable form.

Up to $20,000

28(10)

Every holder of a licence or authorization issued under this Act shall facilitate inspections under this Act.

Up to $20,000

36(1)(a)

No person shall, for the purpose of increasing the sale of a particular type of cannabis,

  1. directly or indirectly offer or give a material inducement to the holder of a licence or authorization issued under this Act or to an agent or employee of the holder

Up to $10,000

36(2)

No person shall directly or indirectly pay or offer to pay any amount, or make or offer to make any gift, to the Registrar, a member or employee of the Commission, or a member or employee of the Tribunal in relation to a retail operator licence, a cannabis retail manager licence or a retail store authorization.

Up to $50,000

37(1)

No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an inspector conducting an inspection under this Act, refuse to answer questions on matters relevant to the inspection or provide the inspector

with false information on matters relevant to the inspection.

Up to $15,000

38(1)

No person shall retaliate or threaten to retaliate against another person, whether by act or omission, because any person has disclosed anything to the Registrar, an inspector conducting an inspection under this Act or an investigator conducting an investigation under this Act, or has provided evidence that has been or may be given in a proceeding in respect of the enforcement of this Act or the regulations.

Up to $18,000

38(4)

No holder of a licence or authorization issued under this Act, or person interested in such a holder, shall do anything that discourages, is aimed at discouraging or has the effect of discouraging a person from making a disclosure to the Registrar, an inspector or an investigator.

Up to $15,000

Regulation 468/18

Section Provision Maximum Penalty

13(1)(a)

(b)

It is a condition of a retail store authorization that the holder,

  1. display the authorization in a conspicuous place in the cannabis retail store; and
  2. if the holder uses a website, app or other similar online platform for the purposes of the cannabis retail store, ensure that the authorization number, the holder’s name and the store’s operating name and address are displayed on the website, app or other platform.
Up to $2,000
14(1)

It is a condition of a retail store authorization that the holder not enter into contracts or agreements with any person or entity for the provision of cannabis distribution services.

Up to $8,000
16(1)(2)

1) If a retail store authorization is suspended, the holder shall prominently display a sign respecting the suspension in a conspicuous place that is visible from the exterior of the public entrance to the cannabis retail store.

 

2) The sign referred to in subsection (1) shall be in the form approved by the Registrar and shall be displayed for the duration of the suspension.

Up to $10,000
17

A cannabis retail store is authorized to be open to the public between 9:00 a.m. and 11:00 p.m. on any day.

Up to $15,000
20(1)

The holder of a retail store authorization shall ensure that no individual who appears to be under 25 years of age is permitted to enter the cannabis retail store unless the holder or an employee of the holder has required the individual to provide a form of identification prescribed for the purposes of subsection 7 (2) of the Cannabis Control Act, 2017 and the holder or employee is satisfied that the individual is at least 19 years of age.

Up to $15,000
20.1

The holder of a retail store authorization shall ensure that cannabis purchased from a cannabis retail store under the authorization is distributed to a person in an area immediately adjacent to the store in accordance with the following rules: 

  1. The cannabis may only be distributed between 9 a.m. and 11 p.m. on any day. 
  2. The cannabis may only be distributed by the holder or an employee of the holder. 

Up to $6,000

20.2 (1)

The holder of a retail store authorization shall ensure that cannabis sold under the authorization is delivered in accordance with the following rules: 

 

  1. The cannabis may only be delivered by the holder or an employee of the holder. 
  2. The cannabis must be in its original, unopened packaging. 
  3. The cannabis may only be delivered to a residence or private place, as defined in section 22 of Ontario Regulation 745/21 (General) made under the Liquor Licence and Control Act, 2019
  4. The cannabis may only be delivered to an individual who is located at the address provided in the order for the purchase of the cannabis.
  5. The cannabis may only be delivered at a time when the cannabis retail store is open to the public. 
Up  to $15,000
20.2(4)

Nothing in subsection (2) permits the holder of a retail store authorization to operate the cannabis retail store entirely or predominantly as a delivery business

Up to $15,000

20.2(5)

Any cannabis that is removed from a cannabis retail store for delivery but is not delivered during the hours permitted under this section for a day must be returned to the store that same day and remain there until the next day on which delivery is attempted.

Up to $15,000

20.2(6)

(6) The holder of a retail store authorization shall ensure that,

  1. cannabis is not removed from the cannabis retail store’s inventory for delivery until an order to purchase the cannabis has been placed; and
  2. cannabis is not delivered from the cannabis retail store unless the order to purchase the cannabis was placed with that store.

Up to $15,000

21(2)

The following individuals are required to successfully complete training courses or programs approved under subsection (1):

  1. Holders of a retail store authorization.
  2. Holders of a cannabis retail manager licence.
Holder of Retail Store Authorization
Up to $8,000

 

Retail Manager Up to $8,000

21(3)

The holder of a retail store authorization shall ensure that the following individuals successfully complete training courses or programs approved under subsection (1):  

  1. Every holder of a cannabis retail manager licence employed to work in the cannabis retail store. 
  2. Every other individual employed to work in the cannabis retail store or deliver cannabis sold through the store. 
  3. Every individual who provides security services in relation to the operation of the cannabis retail store.
Up to $8,000
23.1 (4)

A holder of a retail store authorization shall ensure that cannabis sold under the authorization is not delivered on a reserve that is the subject of a notice under subsection (2) on and after the effective date specified in the notice.

Up to $15,000

 

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