2017 Bill 26

Third Session, 29th Legislature, 66 Elizabeth II

THE LEGISLATIVE ASSEMBLY OF ALBERTA

BILL 26
AN ACT TO CONTROL AND
REGULATE CANNABIS

THE MINISTER OF JUSTICE AND SOLICITOR GENERAL

First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Bill 26

BILL 26

2017

AN ACT TO CONTROL AND

REGULATE CANNABIS

(Assented to , 2017)

HER MAJESTY, by and with the advice and consent of the

Legislative Assembly of Alberta, enacts as follows:

Amends RSA 2000 cG-1

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

2 The title of the Act is repealed and the following is

substituted:

GAMING, LIQUOR AND CANNABIS ACT

3 Section 1(1) is amended

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

(b.1) cannabis, cannabis accessory and cannabis plant

have the meanings given to them in the federal Act;

(b.2) cannabis licence means a licence under this Act that

authorizes the purchase, sale, transport, possession,
storage or use of cannabis;

(b.3) cannabis supplier means a person who holds a licence

under the federal Act that authorizes the person to
produce cannabis for commercial purposes or to sell
cannabis to the Commission;

(b) in clause (e)

1
 Explanatory Notes

1 Amends chapter G-1 of the Revised Statutes of Alberta 2000.

2 The title presently reads:

GAMING AND LIQUOR ACT

3 Adds definitions and amends definitions.

1 Explanatory Notes
 (i) by adding , bag after box wherever it occurs;

(ii) by adding or cannabis after liquor;

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

(g.1) federal Act means the Cannabis Act (Canada);

(d) by repealing clause (p) and substituting the following:

(p) licensed premises

(i) in Part 3 and sections 103(4), 105 and 129(l)(q), (r)

to (r.3) and (s), means the premises described in a
liquor licence,

(ii) in Part 3.1 and sections 103(4.1) and 129(l)(q.1) to

(q.5) and (r.4) to (r.6), means the premises described
in a cannabis licence, and

(iii) in all other provisions, means the premises described

in a liquor licence or a cannabis licence;

(e) in clause (aa) by striking out liquor wherever it occurs

and substituting liquor or cannabis;

(f) by adding the following after clause (bb):

(bb.1) smoke, where used as a verb in respect of cannabis,

means inhaling or exhaling the smoke produced by lit
cannabis or holding or otherwise having control of lit
cannabis or any device or thing that contains lit
cannabis;

(g) by adding the following after clause (ff):

(ff.1) use, where used as a verb in respect of cannabis,

includes smoke, vape, apply, inhale and consume;

(ff.2) vape, in respect of cannabis, means inhaling or

exhaling the vapour, emissions or aerosol produced by,
or holding or otherwise having control of, an electronic
cigarette or similar device containing cannabis;

2
2 Explanatory Notes
4 Section 3 is amended by adding the following after clause
(d):

(d.1) to control in accordance with this Act the import,

purchase, giving, possession, storage, transportation and
use of cannabis;

(d.2) to distribute or control the distribution of cannabis, or

both, in accordance with this Act;

(d.3) to sell or control the sale of cannabis, or both, in

accordance with this Act;

5 Section 23(2) is amended by striking out President of

Treasury Board and Minister of Finance and substituting
President of Treasury Board, Minister of Finance.

6 Section 26 is amended

(a) by repealing subsection (1) and substituting the

following:

Revenue from sale of liquor, cannabis and

provincial lotteries
26(1) Revenue from liquor and cannabis sold by or on behalf
of the Commission and revenue received by the Commission
from provincial lotteries, less any amounts paid for prizes and
retailer commissions, must be deposited into the
Commissions accounts.

(b) in subsection (2)

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

(b.1) the amount the Commission pays for cannabis,

3
4 Section 3 presently reads:

3 The objects of the Commission are

(a) to administer this Act;

(b) to conduct and manage provincial lotteries for the

Government of Alberta;

(c) to carry out the functions respecting gaming delegated to it

by the Lieutenant Governor in Council under the Criminal
Code (Canada) or conferred on it by this Act;

(d) to control in accordance with this Act the manufacture,

import, sale, purchase, possession, storage, transportation,
use and consumption of liquor;

(e) to generate revenue for the Government of Alberta.

5 Section 23(2) presently reads:

23(2) The fees and fines referred to in subsection (1), less amounts
for refunds, are to be transferred to the General Revenue Fund as
directed by the President of Treasury Board and Minister of
Finance.

6 Section 26 presently reads:

26(1) Revenue from liquor sold by or on behalf of the Commission

and revenue received by the Commission from provincial lotteries,
less any amounts paid for prizes and retailer commissions, must be
deposited into the Commissions accounts.

(2) The Commission may pay from the revenue deposited into its
accounts under subsection (1)

(a) federal taxes and duties,

(b) the amount the Commission pays for liquor,

(c) an amount for deposits and charges relating to containers

under the Beverage Container Recycling Regulation (AR
101/97),

3 Explanatory Notes
 (ii) in clause (e) by adding , together with any allowance
for capital expenditures approved by the President of
Treasury Board, Minister of Finance after
expenditures;

(c) in subsection (3)(a) by striking out President of Treasury

Board and Minister of Finance if the revenue arose from the
sale of liquor and substituting President of Treasury
Board, Minister of Finance if the revenue arose from the
sale of liquor or cannabis;

(d) by repealing subsection (4) and substituting the

following:

(4) The Commission must allocate its operating expenses on

a reasonable basis

(a) against the aggregate revenue from the sale of liquor and
cannabis, for the purpose of determining the amounts to
be transferred pursuant to subsection (3)(a), or

(b) against revenue from the conduct and management of

provincial lotteries, for the purpose of determining the
amounts to be transferred pursuant to subsection (3)(b).

7 The following is added after Part 3:

Part 3.1
Cannabis
Commissions general authority
90.01 The Commission may import, distribute, purchase, sell,
transport, possess and store cannabis.

4
 (d) the amounts required to be paid under the federal-provincial
agreement respecting gaming and betting entered into on
June 3, 1985, as amended or replaced from time to time,

(e) the Commissions operating expenses, including the portion

of the operating expenses of the Western Canada Lottery
Corporation that is attributable to the Province of Alberta
and expenses that result from business decisions by the
Commission that require additional expenditures, and

(f) any amounts determined by the Commission to be paid as

commissions to gaming licensees at whose gaming activities
the Commission conducts and manages provincial lotteries
pursuant to section 43.

(3) After payment of the amounts referred to in subsection (2), the

remaining revenue deposited into the Commissions accounts under
subsection (1) must be transferred

(a) to the General Revenue Fund as directed by the President of

Treasury Board and Minister of Finance if the revenue arose
from the sale of liquor, or

(b) to the Lottery Fund if the revenue arose from the conduct and
management of provincial lotteries.

(4) For the purpose of determining the amounts to be transferred

pursuant to subsection (3), the Commission must allocate its
operating expenses on a reasonable basis

(a) against revenue from the sale of liquor, or

(b) against revenue from the conduct and management of

provincial lotteries.

7 Adds Part 3.1, Cannabis.

4 Explanatory Notes
Issuing cannabis licences
90.02(1) The board may, with or without a hearing, issue a
cannabis licence if

(a) the board considers it appropriate to do so,

(b) the applicant is eligible to receive the cannabis licence,

and

(c) the requirements of the Act for issuing the cannabis

licence have been met.

(2) A cannabis licence must not be issued in respect of more

than one premises.

Minors on licensed premises

90.03(1) No minor may enter or be in and no licensee may
permit a minor to enter or be in licensed premises.

(2) If a person who appears to be less than 25 years old

requests to purchase or be given cannabis from a cannabis
licensee or an employee or agent of a cannabis licensee, the
licensee, employee or agent must, before granting the request,
demand that the person provide proof of age.

(3) If a person who appears to be less than 25 years old enters

licensed premises, the cannabis licensee or an employee or
agent of the cannabis licensee must demand that the person
produce proof of age.

(4) If a cannabis licensee, employee or agent referred to in

subsection (2) or (3) demands that a person produce proof of
age and the person fails to produce proof of age that is
satisfactory to the licensee, employee or agent making the
request, the licensee, employee or agent must

(a) not provide cannabis to that person, and

(b) refuse the person entry or ask the person to leave the
licensed premises.

Prohibition supplying cannabis to minor

90.04 No cannabis licensee or employee or agent of a
cannabis licensee may give or sell or permit any person to give
or sell cannabis to a minor in licensed premises.

5
5 Explanatory Notes
Duty to intoxicated person
90.05 No cannabis licensee may

(a) sell or provide cannabis in the licensed premises to a

person apparently intoxicated by liquor or a drug, or

(b) permit a person apparently intoxicated by liquor or a

drug to use cannabis in the licensed premises.

Prohibited sales
90.06 No cannabis licensee may sell cannabis unless it has
been produced by a person that is authorized under the federal
Act to produce cannabis for commercial purposes.

Conditions
90.07(1) The boards policies respecting the activities
authorized by a cannabis licence are conditions of the licence,
including policies made or amended after the licence is issued.

(2) The Commission must make available to a cannabis

licensee the board policies that are conditions of the cannabis
licence and must notify the licensee if those policies are
amended after the licence is issued.

(3) When issuing a cannabis licence or at any time during the

term of the licence, the board may, with or without a hearing,
impose conditions on the licence that are in addition to the
conditions referred to in subsection (1).

(4) When the board imposes a condition under subsection (3)

without a hearing, the board must give the cannabis licensee
information about an application for a hearing.

(5) It is a condition of every cannabis licence that the licensee

must, in accordance with the regulations,

(a) keep records respecting the licensees activities in

relation to cannabis that the licensee possesses for
commercial purposes, and

(b) take measures to reduce the risk of cannabis that the

licensee possesses for commercial purposes being
diverted to an illicit market or activity.

6
6 Explanatory Notes
Cannabis control
90.08(1) Subject to the federal Act, no person may import,
distribute, grow, transport, store, purchase, sell, give, possess or
use cannabis except in accordance with this Act or a cannabis
licence.

(2) Subject to the federal Act,

(a) no person, other than a department or agency designated

by the Minister, may sell cannabis online, and

(b) no person may purchase cannabis online except from a

department or agency designated by the Minister.

Separate business
90.09(1) The board may not issue a cannabis licence that
authorizes the sale of cannabis unless

(a) the business under which the activities authorized by the

licence will be carried out is separate from any other
business of the applicant, and

(b) the activities authorized by the licence will be carried

out in a location where no alcohol, tobacco,
pharmaceuticals or other things are sold except cannabis,
unless the other things sold are cannabis accessories or
prescribed things.

(2) Despite subsection (1)(a), the board may issue more than
one cannabis licence that authorizes the sale of cannabis if the
business under which the activities authorized by those licences
will be carried out is separate from any other business of the
applicant.

Eligibility of minors
90.1 No cannabis licence may be issued

(a) to a minor, or

(b) to a corporation if any of the corporations directors or

officers are minors, or if the employee or agent who is to
be in charge of the premises described in the application
is a minor.

7
7 Explanatory Notes
Eligibility of persons related to Commission
90.11 No cannabis licence may be issued

(a) to or for the benefit of a person who is a member of the

board or an employee or agent of the Commission, or

(b) in respect of any premises if a member of the board or an

employee or agent of the Commission is an owner or
part owner of the premises or holds an interest in the
premises.

Sales to cannabis licensee

90.12(1) When the Commission sells cannabis to cannabis
licensees, the price of cannabis must be the same, at any one
time, for all licensees holding the same class of licence.

(2) The Commission must not deliver cannabis it has sold to a

cannabis licensee until the licensee has paid for the cannabis in
the manner required by the board.

Representatives of
Cannabis Suppliers

Registration required
90.13(1) No cannabis supplier may authorize any person to be
its representative in the sale of the suppliers cannabis unless
the person is registered with the Commission for that purpose.

(2) No person may act as the representative of a cannabis

supplier in the sale of the suppliers cannabis unless the person
is registered with the Commission for that purpose.

(3) The board is responsible for registrations under this Part.

(4) Registrations are governed by the regulations.

Regulation of Cannabis
Licensees and Activities
on Licensed Premises

Forced sales
90.14 No cannabis licensee or employee or agent of a
cannabis licensee may require or demand, by force or
otherwise, that a person buy cannabis in the licensed premises.

8
8 Explanatory Notes
Remuneration based on cannabis sales
90.15(1) No person may enter into an agreement in which one
party is to receive remuneration for working in licensed
premises if the remuneration varies with the amount of cannabis
sold at the licensed premises.

(2) An agreement entered into in contravention of subsection

(1) is void.

Agreements
90.16 Except to the extent, if any, that the regulations provide
otherwise,

(a) no cannabis licensee may enter into an agreement with a

cannabis supplier or registrant to sell or promote the sale
of the suppliers cannabis,

(b) no cannabis supplier or registrant may enter into an

agreement with a cannabis licensee to sell or promote
the sale of the suppliers cannabis, and

(c) an agreement entered into in contravention of this

section is void.

Advertising and promoting of cannabis

90.17(1) The board may make policies respecting the
advertising and promoting of cannabis.

(2) Every cannabis licensee and registrant under section 90.13

must comply with the policies.

Sale of cannabis at licensed premises

90.18 No cannabis licensee or employee or agent of a
cannabis licensee whose licence authorizes the sale or provision
of cannabis at licensed premises may sell, offer to sell or
provide cannabis at the licensed premises except

(a) where the cannabis is authorized to be sold by the

Commission or acquired in accordance with board
policies, and

(b) in accordance with the regulations.

9
9 Explanatory Notes
Conduct on licensed premises
90.19(1) No cannabis licensee or employee or agent of a
cannabis licensee may permit any activity in the licensed
premises that

(a) is contrary to any municipal bylaw or any Act or

regulation of Alberta or Canada,

(b) is detrimental to the orderly operation of the licensed

premises,

(c) may be injurious to the health or safety of people in the

licensed premises, or

(d) is prohibited under the cannabis licence or by the

regulations.

(2) No person may do anything in licensed premises that

(a) is detrimental to the orderly operation of the licensed

premises,

(b) may be injurious to the health or safety of people in the

licensed premises, or

(c) is prohibited under the cannabis licence or by the

regulations.

Leaving licensed premises when requested

90.2 No person may

(a) remain in licensed premises after having been requested

to leave the premises by the cannabis licensee or an
employee or agent of the cannabis licensee, or

(b) enter licensed premises after having been forbidden to

enter the premises by the cannabis licensee or an
employee or agent of the cannabis licensee.

Leaving licensed premises on closing

90.21(1) Except in those licensed premises prescribed in the
regulations, every person other than the cannabis licensee and
the cannabis licensees employees or agents must leave licensed
premises when the sale and use of cannabis in those premises
are required to cease under the regulations or municipal bylaws.

10
10 Explanatory Notes
 (2) Except as provided in the regulations, no cannabis licensee
or employee or agent of a cannabis licensee may permit any
person to be in licensed premises when the sale and use of
cannabis in those premises are prohibited under the regulations
or municipal bylaws.

(3) No person may use and no cannabis licensee or employee

or agent of a cannabis licensee may permit a person to use
cannabis in licensed premises when the sale and use of cannabis
in those premises are prohibited under the regulations or
municipal bylaws.

Activities Involving Cannabis

Sales to Commission
90.22 No cannabis supplier may sell cannabis to any person
other than the Commission unless the cannabis supplier holds a
licence under the federal Act that provides otherwise.

Prohibited sales
90.23 Subject to the federal Act, unless authorized by this Act
or a cannabis licence no person may, through the persons own
actions or through the persons employees or agents,

(a) display cannabis for sale,

(b) store cannabis for sale, or

(c) directly or indirectly sell or offer to sell cannabis.

Use of cannabis in vehicles prohibited

90.24 Except as otherwise provided for in this Act or in a
cannabis licence, no person may use cannabis in a vehicle
unless, when the cannabis is being used, the vehicle is a
temporary residence.

Transportation
90.25(1) No person may transport cannabis in a vehicle unless
the cannabis is contained in closed packaging that is out of
reach of the driver and any other occupants of the vehicle.

(2) Subject to subsection (1), a common carrier or other person

may, in accordance with this Act, transport cannabis from a
place where cannabis is lawfully located to another place where
cannabis may be lawfully located.

11
11 Explanatory Notes
Minors
90.26 No minor may

(a) purchase or attempt to purchase cannabis;

(b) obtain or attempt to obtain cannabis;

(c) possess or attempt to possess cannabis.

Prohibition growing cannabis

90.27 Subject to the federal Act, no person may grow cannabis
except in accordance with the regulations.

Smoking and vaping prohibited

90.28 No person may smoke or vape cannabis

(a) in any area or place where that person is prohibited from

smoking under the Tobacco and Smoking Reduction Act
or any other Act or the bylaws of a municipality,

(b) on any hospital property, school property or child care

facility property,

(c) in or within a prescribed distance from

(i) a playground,

(ii) a sports or playing field,

(iii) a skateboard or bicycle park,

(iv) a zoo,

(v) an outdoor theatre,

(vi) an outdoor pool or splash pad, or

(vii) any other area or place that is prescribed or otherwise

described in the regulations.

12
12 Explanatory Notes
8 Section 91(1)(d) is amended by striking out federal
legislation or stadium bylaws and substituting federal
legislation, stadium bylaws or a municipal bylaw referred to in
section 90.21.

9 Section 94 is amended

(a) in subsection (1)(b) by striking out section 38(3) or

61(3) and substituting section 38(3), 61(3) or 90.07(3);

(b) by repealing subsection (3) and substituting the

following:

(3) A person whose liquor, cannabis, containers, gaming

terminals or gaming supplies have been seized under section
95, 95.1 or 106 may apply to the board for a hearing.

10 The following is added after section 95:

Disposition of cannabis
95.1(1) When a cannabis licence is suspended or cancelled, the
Commission may purchase cannabis from the person whose
licence has been suspended or cancelled or authorize the person
to sell the cannabis to a cannabis licensee if the cannabis is, in
the opinion of the Commission, suitable for resale.

13
8 Section 91(1)(d) presently reads:

91(1) The board may do any one or more of the things referred to
in subsection (2) if the board is of the opinion that

(d) an owner of licensed premises or facilities or a manager of

licensed premises or facilities or, if the licensee is a
corporation, an employee or agent of the corporation who is
in charge of the licensed premises or facilities has been
charged with or convicted of an offence under this Act, the
Criminal Code (Canada) or other federal legislation or
stadium bylaws;

9 Section 94 presently reads in part:

94(1) A licensee or registrant may apply to the board for a hearing

if any of the following has occurred without a hearing in respect of
that licensee or registrant:

(a) the board has made an order under section 91, 91.1(2) or 92;

(a.1) the chief executive officer has, pursuant to a delegation made

under section 91(2.1), imposed a fine under section 91(2)(c);

(b) the board has imposed conditions on the licence under

section 38(3) or 61(3);

(c) the board has imposed conditions on the registration under

the regulations.

(3) A person whose liquor, containers, gaming terminals or gaming

supplies have been seized under section 95 or 106 may apply to the
board for a hearing.

10 Disposition of cannabis.

13 Explanatory Notes
 (2) If the cannabis in the possession of a person whose
cannabis licence has been suspended or cancelled was not
lawfully acquired or is not, in the opinion of the Commission,
suitable for resale, the cannabis and any containers in which the
cannabis is held are forfeited to the Commission and the person
must, on the request of the Commission, deliver all cannabis
and containers in the persons possession pursuant to the
cannabis licence or on the premises described in the cannabis
licence to the Commission.

(3) If the person whose cannabis licence has been suspended or

cancelled fails to deliver cannabis and containers as requested
under subsection (2), the cannabis and containers may be seized
by an inspector.

(4) When an inspector seizes cannabis, the inspector must

(a) give a notice to the person from whom the cannabis and
any containers were seized that sets out the reasons for
the seizure and notifies the person of the right to a
hearing before the board, and

(b) deliver the cannabis and any containers that were seized
to the Commission.

11 Section 97 is amended by adding 90.07(3), after 61(3),.

14
11 Section 97 presently reads:

97(1) Notice of any decision or board order made under section

38(3), 61(3), 91, 91.1 or 92 or of any decision or order made under
the regulations that imposes conditions on a registration must be
given to the licensee or registrant as follows:

(a) by registered mail to the last address of the licensee or

registrant as shown in the Commissions records;

(b) by personal delivery to the licensee or registrant or an agent

of the licensee or registrant;

(c) by telecopier to the fax number of the licensee or registrant if

(i) the licensee or registrant has provided that fax number to

the Commission for the purpose of receiving notices under
this Act, and

14 Explanatory Notes
12 Section 101 is amended by adding under section 62 after
registrant.

13 The following is added after section 101:

Cannabis samples
101.1 A cannabis licensee or a registrant under section 90.13
must, when required by the Commission, provide the
Commission with samples of cannabis that the cannabis
licensee or registrant is selling or intends to sell.

14 Section 102 is repealed and the following is substituted:

Responsibility of directors and officers

102(1) If a corporation holds a licence other than a cannabis
licence or is a registrant under section 62 and a duty is imposed
on the licensee or registrant under this Act, the duty is also
imposed

(a) on any director or officer of the corporation, or

15
 (ii) the Commission receives confirmation that the notice was
sent to that fax number;

(d) by any other electronic means if

(i) the licensee or registrant has consented to receive notices

under this Act in that manner, and

(ii) the licensee or registrant acknowledges receipt of the

notice.

(2) Unless otherwise provided for in this Act, any other notice that
is to be given to a person under this Act by the board or the
Commission may be sent by ordinary mail to the last address of the
person as shown in the Commissions records.

12 Section 101 presently reads:

101 A liquor licensee or a registrant must, when required by the

Commission, provide the Commission with samples of liquor that the
licensee or registrant is selling or intends to sell.

13 Cannabis samples.

14 Section 102 presently reads:

102 If a corporation is a licensee or registrant and a duty is

imposed on the licensee or registrant under this Act, the duty is also
imposed

(a) on any director or officer of the corporation, or

(b) if the licence is a liquor licence or facility licence, the

director, officer, employee or agent who is in charge of the
licensed premises or licensed facility.

15 Explanatory Notes
 (b) if the licence is a liquor licence or facility licence, the
director, officer, employee or agent who is in charge of
the licensed premises or licensed facility.

(2) If a corporation holds a cannabis licence or is a registrant

under section 90.13 and a duty is imposed on the cannabis
licensee or registrant under this Act, the duty is also imposed on
the director, officer, employee or agent who is in charge of the
licensed premises.

15 Section 103 is amended

(a) in subsection (1)

(i) in clause (c) by adding or cannabis licence after

liquor licence;

(ii) in clause (e) by adding or cannabis after liquor;

(b) by adding the following after subsection (4):

(4.1) In carrying out an inspection relating to cannabis, a

cannabis licence or licensed premises, an inspector may

(a) take reasonable samples of cannabis from the licensee or

any person in the licensed premises,

(b) inspect, audit, examine and make copies of any records,

documents, books of account and receipts relating to
cannabis, a cannabis licence or licensed premises, or
may temporarily remove any of them for those purposes,

(c) interview the licensee or agents of the licensee with

regard to any of the records, documents, books of
account and receipts,

(d) interview and request identification from any person

who appears to be a minor who is found in the licensed
premises, or a person who appears to be a minor who is
found outside the licensed premises if the inspector has
reasonable grounds to believe that the person is
contravening or has contravened this Act,

16
15 Section 103 presently reads:

103(1) To ensure compliance with this Act, an inspector may enter

and inspect, at any reasonable time,

(a) licensed premises and licensed facilities;

(b) unlicensed premises and unlicensed facilities where gaming

activities have been, are or will be conducted;

(c) premises with respect to which a liquor licence has expired

or been suspended or cancelled;

(d) a facility with respect to which a facility licence has expired

or been suspended or cancelled;

(e) the offices of a common carrier doing business in Alberta

that may contain records and documents relating to liquor
stored or transported in Alberta.

(2) An inspector may enter and inspect, at any reasonable time,

premises or facilities described in an application for a licence to
determine if the premises or facilities meet the requirements of this
Act.

(3) When acting under the authority of this section, an inspector

must carry identification in the form established by the board and
present it on request to the owner or occupant of the premises or
facility being inspected.

(4) In carrying out an inspection relating to liquor, a liquor licence

or licensed premises, an inspector may

16 Explanatory Notes
(e) interview and request identification from any person
who appears to be intoxicated in licensed premises or
who is found in the licensed premises after the sale of
cannabis has been required to cease under the
regulations, or a person who is found outside the
licensed premises if the inspector has reasonable
grounds to believe that the person is contravening or has
contravened this Act, and

(f) seize identification from any person interviewed in

accordance with this subsection if the inspector has
reasonable grounds to believe that the identification is
false or has been altered.

17
 (a) take reasonable samples of liquor from the licensee or any
person in the licensed premises,

(b) inspect, audit, examine and make copies of any records,

documents, books of account and receipts relating to liquor,
a liquor licence or licensed premises, or may temporarily
remove any of them for those purposes,

(c) interview the licensee or agents of the licensee with regard to

any of the records, documents, books of account and receipts,

(d) interview and request identification from any person who

appears to be a minor who is found in the licensed premises,
or a person who appears to be a minor who is found outside
the licensed premises if the inspector has reasonable grounds
to believe that the person is contravening or has contravened
this Act,

(e) interview and request identification from any person who

appears to be intoxicated in licensed premises or who is
found in the licensed premises after the sale and consumption
of liquor have been required to cease under the regulations,
or a person who is found outside the licensed premises if the
inspector has reasonable grounds to believe that the person
is contravening or has contravened this Act, and

(f) seize identification from any person interviewed in

accordance with this subsection if the inspector has
reasonable grounds to believe that the identification is false
or has been altered.

(5) In carrying out an inspection relating to a gaming activity,

provincial lottery or gaming or facility licence, an inspector may

(a) take reasonable samples of gaming supplies from the licensee

or any person in the licensed facility,

(b) inspect, audit, examine and make copies of any records,

documents, books of account and receipts relating to a
gaming activity, a provincial lottery, a gaming or facility
licence or gaming supplies, or may temporarily remove any
of them for those purposes,

(c) interview the licensee or agents of the licensee with regard to

any of the records, documents, books of account and receipts,

17 Explanatory Notes
16 Section 106 is repealed and the following is substituted:

Seizure of liquor, cannabis or gaming supplies

106(1) An inspector who, while carrying out an inspection
under section 103, finds any liquor, cannabis, gaming terminals
or gaming supplies that the inspector believes on reasonable
and probable grounds are unlawfully acquired or kept or kept
for unlawful purposes in contravention of this Act or a
condition imposed on a licence or registration may immediately
seize and remove the liquor or cannabis and the containers in
which the liquor or cannabis is held or the gaming terminals or
gaming supplies.

(2) When an inspector seizes liquor, cannabis, containers,

gaming terminals or gaming supplies, the inspector must

(a) give a notice to the person from whom the liquor,

cannabis, containers, gaming terminals or gaming
supplies were seized that sets out the reasons for the
seizure and notifies the person of the right to a hearing
before the board, and

(b) deliver the liquor, cannabis, containers, gaming

terminals or gaming supplies to the Commission.

18
 (d) interview and request identification from any person who
appears to be a minor who is found in the licensed facility, or
a person who appears to be a minor who is found outside the
licensed facility if the inspector has reasonable grounds to
believe that the person is contravening or has contravened
this Act, and

(e) seize identification from any person interviewed in

accordance with this subsection if the inspector has
reasonable grounds to believe that the identification is false
or has been altered.

(6) When an inspector removes records, documents, books of

account and receipts under this section, the inspector must

(a) give a receipt for them to the person from whom they were
taken, and

(b) within a reasonable time, return them to that person.

16 Section 106 presently reads:

106(1) An inspector who, while carrying out an inspection under

section 103, finds any liquor, gaming terminals or gaming supplies
that the inspector believes on reasonable and probable grounds are
unlawfully acquired or kept or kept for unlawful purposes in
contravention of this Act or a condition imposed on a licence or
registration may immediately seize and remove the liquor and the
containers in which it is held or the gaming terminals or gaming
supplies.

(2) When an inspector seizes liquor and containers, gaming

terminals or gaming supplies, the inspector must

(a) give a notice to the person from whom the liquor and
containers or the terminals or gaming supplies were seized
that sets out the reasons for the seizure and notifies the
person of the right to a hearing before the board, and

(b) deliver the liquor and containers or the terminals or gaming

supplies to the Commission.

18 Explanatory Notes
17 Section 107 is amended

(a) in subsection (1) by striking out liquor wherever it

occurs and substituting liquor or cannabis;

(b) by repealing subsection (2) and substituting the

following:

(2) A peace officer who, in making a search under subsection

(1), finds liquor or cannabis that the peace officer believes on
reasonable and probable grounds is unlawfully kept or kept for
unlawful purposes in contravention of this Act or a condition
imposed on a licence may

(a) immediately seize the liquor or cannabis and the

container in which it is held, and

(b) if the peace officer believes on reasonable and probable

grounds that an offence under section 81 or 90.23 is
being or has been committed by the occupant or person
in charge of a vehicle in or near which liquor or cannabis
is found, seize and remove that vehicle.

18 Section 108 is repealed and the following is substituted:

Abandoned liquor or cannabis

108 If a peace officer finds liquor or cannabis on any premises
or in any place and the peace officer believes on reasonable and
probable grounds that there is no apparent owner of the liquor
or cannabis, the peace officer may immediately seize and
remove the liquor or cannabis and any containers in which the
liquor or cannabis is held, and the liquor or cannabis and the
containers are forfeited to the Crown.

19 Section 109 is amended by adding or cannabis after

liquor.

19
17 Section 107 presently reads in part:

107(1) A peace officer who on reasonable and probable grounds

believes

(a) that liquor is in or near a vehicle and is being kept unlawfully

or kept for unlawful purposes in contravention of this Act or
a condition imposed on a licence, and

(b) that obtaining a warrant would cause a delay that could

result in the loss or destruction of evidence

may without a warrant and, if necessary, by reasonable force

conduct a search for that liquor in or near the vehicle or on the
person of anyone found in or near the vehicle.

(2) A peace officer who, in making a search under subsection (1),

finds liquor that the peace officer believes on reasonable and
probable grounds is unlawfully kept or kept for unlawful purposes in
contravention of this Act or a condition imposed on a licence may

(a) immediately seize the liquor and the container in which it is

held, and

(b) if the peace officer believes on reasonable and probable

grounds that an offence under section 81 is being or has been
committed by the occupant or person in charge of a vehicle in
or near which liquor is found, seize and remove that vehicle.

18 Section 108 presently reads:

108 If a peace officer finds liquor on any premises or in any place

and the peace officer believes on reasonable and probable grounds
that there is no apparent owner of the liquor, the peace officer may
immediately seize and remove the liquor and containers, and the
liquor and containers are forfeited to the Crown.

19 Section 109 presently reads:

19 Explanatory Notes
20 Section 110 is repealed and the following is substituted:

Disposition of liquor or cannabis on conviction

110 When a conviction under this Act becomes final, any
liquor, cannabis and containers in respect of which the offence
was committed that were seized are, as part of the penalty for
the conviction, forfeited to the Crown.

21 Section 111 is amended by adding or cannabis after

liquor.

22 Section 113 is amended

(a) in subsection (1) by striking out container or vehicle

and substituting cannabis, container or vehicle;

(b) by repealing subsection (6) and substituting the

following:

(6) If, on hearing an application involving abandoned liquor

or cannabis, the judge is satisfied that the applicant has an
interest in the liquor or cannabis and any containers, and it is
reasonable that the liquor, cannabis and any containers be
released to the applicant or any other person, the judge may
grant an order cancelling the forfeiture and requiring the
liquor or cannabis and any containers to be released to the
applicant or other person.

20
 109 When liquor is seized by a peace officer, a report in writing of
the particulars of the seizure must be made, if required by the
Commission, in the manner directed by the Commission.

20 Section 110 presently reads:

110 When a conviction under this Act becomes final, any liquor
and containers in respect of which the offence was committed that
were seized are, as part of the penalty for the conviction, forfeited to
the Crown.

21 Section 111 presently reads:

111(1) If a person charged with an offence under this Act is not

convicted, the Crown may apply to a justice for an order declaring
that any liquor and containers seized with respect to that charge are
forfeited to the Crown.

(2) A justice may grant the order after holding a hearing in which
notice is given to the persons specified by the justice in the manner
specified by the justice.

22 Section 113 presently reads in part:

113(1) Any person who claims an interest in any liquor, container

or vehicle that is forfeited to the Crown may apply to a judge of the
Court of Queens Bench for an order under subsection (6) or (7).

(6) If, on hearing an application involving abandoned liquor, the

judge is satisfied that the applicant has an interest in the liquor and
containers, and it is reasonable that the liquor and containers be
released to the applicant or any other person, the judge may grant
an order cancelling the forfeiture and requiring the liquor to be
released to the applicant or other person.

20 Explanatory Notes
23 Section 114 is repealed and the following is substituted:

Disposition of forfeited liquor or cannabis

114(1) Liquor or cannabis that is forfeited to the Crown under
this Act must be disposed of or destroyed under the direction of
the Minister of Justice and Solicitor General.

(2) Liquor or cannabis that is forfeited to the Commission

under this Act must be disposed of or destroyed under the
direction of the Commission.

Disposition of recalled cannabis

114.1 Where an order under the federal Act

(a) requires the Commission to recall cannabis, or

(b) requires a person that, pursuant to a licence under this

Act, sells cannabis to recall the cannabis or send it or
cause it to be sent to the Commission, or to do both
those things,

the Commission may, subject to the federal order, destroy or

otherwise dispose of the cannabis.

24 Section 116 is amended

(a) by adding , 90.03, 90.04, 90.05, 90.06, 90.08, 90.14,

90.15, 90.16, 90.18, 90.19, 90.2, 90.21, 90.22, 90.23, 90.24,
90.25, 90.26, 90.27, 90.28 after 90;

(b) by adding , 101.1 after 101.

25 Section 119(1) and (2) are amended by striking out section

73 or 81 and substituting section 73, 81 or 90.23.

21
23 Section 114 presently reads:

114(1) Liquor that is forfeited to the Crown under this Act must be
disposed of or destroyed under the direction of the Minister of
Justice and Solicitor General.

(2) Liquor that is forfeited to the Commission under this Act must be
disposed of or destroyed under the direction of the Commission.

24 Section 116 presently reads:

116 A person who contravenes section 36, 37.1, 37.2, 39, 40, 41,
45, 46, 50, 64, 65(1), 66, 68, 69, 69.1(6), 70, 71, 72, 73, 74, 75, 75.1,
77, 79, 81, 84, 86(2), 87, 89, 90, 99, 100, 101 or 115(1) or a section
in the regulations the contravention of which is designated by the
regulations to be an offence is guilty of an offence.

25 Section 119 presently reads:

119(1) An individual who contravenes section 73 or 81 is liable to a

fine of not more than $50 000 or to imprisonment for not more than
12 months, or to both the fine and imprisonment.

(2) A corporation that contravenes section 73 or 81 is liable to a

fine of not more than $100 000.

21 Explanatory Notes
26 Section 123 is amended

(a) in subsection (1)

(i) in clause (a) by striking out disposal of liquor and

substituting disposal of liquor or cannabis;

(ii) in clause (b) by striking out importing of liquor and

substituting importing of liquor or cannabis;

(iii) by striking out kind of liquor and substituting kind

of liquor or cannabis;

(b) in subsection (2) by striking out liquor wherever it

occurs and substituting liquor or cannabis.

27 Section 129 is amended

(a) in clause (f) by striking out facility licences and liquor

licences and substituting facility licences, liquor licences
and cannabis licences;

(b) in clause (g) by striking out and at the end of

subclause (ii), adding and at the end of subclause (iii)
and adding the following after subclause (iii):

(iv) cannabis representatives who are required to be

registered under Part 3.1;

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

(i.1) respecting qualifications and conditions for employees

of cannabis licensees;

22
26 Section 123 presently reads:

123(1) In describing an offence respecting

(a) the sale or keeping for sale or other disposal of liquor, or

(b) the purchasing, giving, receiving, possessing, storing,

transporting, using, consuming or importing of liquor,

in any information, summons, conviction, warrant or proceeding

under this Act, it is not necessary to state the name or kind of liquor
or the price of it.

(2) It is not necessary to state in any information, summons,

conviction, warrant or proceeding under this Act

(a) the person to whom liquor was sold or disposed of,

(b) the person by whom liquor was taken or consumed,

(c) the person from whom liquor was purchased or received, or

(d) the quantity of liquor sold, kept for sale, disposed of,
purchased, given, received, possessed, stored, transported,
used, consumed or imported except in the case of offences
where the quantity is essential, and then it is sufficient to
allege that the liquor was more or less than that quantity.

27 Section 129 presently reads:

129(1) The Lieutenant Governor in Council may make regulations

(a) defining, for the purposes of this Act, words and phrases that
are not defined in the Act;

(b) specifying, for the purposes of the definition of gaming

supplies in section 1(1)(j), things that are not gaming
supplies;

(c) specifying, for the purposes of the definition of gaming

worker in section 1(1)(k), persons who are not gaming
workers;

(d) prescribing the percentage of alcohol by volume for the

purposes of the definition of liquor in section 1(1)(q);

22 Explanatory Notes
(d) in clause (n) by striking out and at the end of
subclause (i) and adding the following after subclause
(ii):

(iii) cannabis suppliers, their officers, directors and

employees and representatives that are required to be
registered under Part 3.1, and

(iv) cannabis licensees and their businesses and property, and

the board, the Commission and its employees or agents;

(e) in clause (o) by striking out and at the end of

subclause (i) and adding the following after subclause
(ii):

(iii) cannabis licensees and their officers, directors and

employees, and

(iv) the board, the Commission, its employees and persons

who provide services for or on behalf of the
Commission;

(f) by adding the following after clause (p):

(p.1) respecting agreements between cannabis suppliers and

cannabis licensees that are permitted for the purposes of
section 90.16;

(g) by adding the following after clause (q):

(q.1) respecting the days and hours when cannabis may be

sold, given or used in licensed premises;

(q.2) respecting records a cannabis licensee must keep for the

purposes of section 90.07(5)(a) and respecting measures
a cannabis licensee must take for the purposes of section
90.07(5)(b);

(q.3) for the purposes of section 90.09(1)(a) or (2) or both,

respecting when a business under which activities
authorized by a cannabis licence are carried out is to be
considered separate from any other business of the
applicant;
(q.4) prescribing things for the purposes of section
90.09(1)(b);

23
(e) specifying connections for the purposes of the definition of
liquor supplier in section 1(1)(t);

(f) establishing classes of gaming licences, facility licences and

liquor licences;

(g) establishing classes of registration in respect of

(i) gaming workers,

(i.1) persons who provide gaming workers to gaming licensees,

(ii) people who deal in gaming terminals or gaming supplies,

and

(iii) liquor agents who are required to be registered under

Part 3;

(h) respecting application procedures for licences and

registration, including requirements relating to the
advertising of applications and procedures for obtaining and
dealing with public responses to applications;

(i) respecting conditions and eligibility requirements that must

be met before a licence is issued or a person is registered;

(j) respecting when licences and registrations expire, the

transfer of licences and the posting of licences, notices and
information by licensees and registrants;

(k) respecting conditions that may be imposed on registrations;

(l) respecting fees for licences and registrations;

(m) respecting the requirements and consequences that apply

despite anything in this Act

(i) if a licensee sells or assigns the business under which the

activities authorized by the licence are carried out, or
becomes dispossessed of the business by bankruptcy or
operation of law, or

(ii) if a licensee who is an individual dies;

(n) respecting relationships and activities between

23 Explanatory Notes
 (q.5) respecting requirements for premises described in a
cannabis licence, including, without limitation, design
requirements and minimum distances that must be
maintained between the licensed premises and other
premises;

(h) by adding the following after clause (r.3):

(r.4) authorizing a municipality to pass bylaws in respect of

specified classes of licensed premises that prescribe

(i) the hours of sale and use of cannabis on the licensed

premises, and

(ii) the areas of the licensed premises where the sale and
use of cannabis may occur;

(r.5) prescribing, for the purposes of section 90.21(1) and (2),

(i) classes of licensed premises, and

(ii) when a cannabis licensee or an employee or agent of

a cannabis licensee may be in licensed premises;

(r.6) prescribing distances and prescribing or otherwise

describing areas and places for the purposes of section
90.28(c)(vii);

(i) by adding the following after clause (x):

(x.1) respecting the display, import, distribution, purchase,

sale, transport, giving, growing, possession, storage and
use of cannabis;

(x.2) respecting prices that may be charged for cannabis or

specified classes of cannabis;

(x.3) respecting prices that may be charged for the

transportation of cannabis or specified classes of
cannabis;

(x.4) respecting the quantity of cannabis that may be

purchased or sold at a time or in a transaction;

24
 (i) liquor suppliers, their officers, directors and employees
and liquor agencies and representatives that are required
to be registered under Part 3, and

(ii) liquor licensees and their businesses and property, and

the board, the Commission and its employees or agents;

(o) respecting relationships and activities between

(i) liquor licensees and their officers, directors and

employees, and

(ii) the board, the Commission, its employees and persons

who provide services for or on behalf of the Commission;

(p) respecting agreements between liquor suppliers and liquor

licensees that are permitted for the purposes of section 66;

(q) respecting the days and hours when liquor may be sold, given
or consumed on licensed premises;

(r) authorizing a municipality to pass bylaws in respect of

specified classes of events and classes of licensed premises
that prescribe

(i) the hours of sale and consumption of liquor on the

licensed premises, and

(ii) the areas of the licensed premises where the sale and
consumption of liquor may occur;

(r.1) restricting the application of section 69.1 to licensed

premises and categories of licensed premises prescribed in
those regulations;

(r.2) setting out categories of information for the purposes of

section 69.1(4);

(r.3) respecting the collection, use and disclosure of information

under section 69.2;

(s) prescribing, for the purposes of section 71,

(i) classes of licensed premises, and

24 Explanatory Notes
 (x.5) respecting advertising, packaging, promotion and
labelling of cannabis;

(x.6) respecting the storage or transportation of cannabis in or

on a vehicle;

(x.7) respecting the public use of cannabis;

(x.8) prohibiting the distribution and sale of specified classes

of cannabis and cannabis accessories;

(x.9) respecting the growing of cannabis;

(x.91) respecting training requirements for employees of

cannabis licensees;

(x.92) respecting the distribution of cannabis by the

Commission or the control by the Commission of the
distribution of cannabis, or both;

(x.93) respecting requirements for cannabis licensees to report

to the Commission regarding their activities;

Consequential and
Related Amendments

Amends RSA 2000 cM-26

28(1) The Municipal Government Act is amended by this
section.

(2) Section 365(1) is amended by striking out Gaming and

Liquor Act and substituting Gaming, Liquor and Cannabis
Act.

(3) Section 640 is amended by adding the following after

subsection (6):

25
 (ii) when a liquor licensee or an employee or agent of a liquor
licensee may be in licensed premises;

(t) respecting the quantities of wine, cider and beer that an adult
may make under section 86(1);

(u) respecting the kind and quantity of liquor that an adult may
import under section 86(3);

(v) respecting gifts of liquor;

(w) respecting licensed premises and facilities, including the

persons who may be on licensed premises or facilities, the
food service at licensed premises or facilities and the
activities that may be carried on in and near licensed
premises or facilities;

(x) respecting the display, manufacture, import, purchase, sale,

transport, giving, possession, storage, use and consumption
of liquor;

(y) designating sections in the regulations the contravention of

which is an offence;

(z) respecting any other matter or thing that the Lieutenant

Governor in Council considers necessary to carry out the
intent of this Act.

(2) Regulations under this section may apply generally or to a

specific licensee or registrant, specific licensed premises or a
specific licensed facility or a specific circumstance or situation.

Consequential and
Related Amendments

28 Amends chapter M-26 of the Revised Statutes of Alberta

2000.

25 Explanatory Notes
 (7) A land use bylaw must be consistent with the applicable
requirements of the regulations under the Gaming, Liquor and
Cannabis Act respecting the location of premises described in a
cannabis licence and distances between those premises and
other premises.

(4) Section 642 is amended by adding the following after

subsection (4):

(5) Despite subsections (1) and (2), a development authority

must not issue a development permit if the proposed
development does not comply with the applicable requirements
of regulations under the Gaming, Liquor and Cannabis Act
respecting the location of premises described in a cannabis
licence and distances between those premises and other
premises.

(5) Section 687(3) is amended

(a) in clause (a.3) by striking out clause (d) and

substituting clauses (a.4) and (d);

(b) by adding the following after clause (a.3):

(a.4) must comply with the applicable requirements of the

regulations under the Gaming, Liquor and Cannabis Act
respecting the location of premises described in a
cannabis licence and distances between those premises
and other premises;

29 The following provisions are amended by striking out

Gaming and Liquor Act wherever it occurs and substituting
Gaming, Liquor and Cannabis Act:

Act Section

Body Armour Control Act 4(c)

Charitable Fund-raising Act 3(c)
Election Act 1(1)(p)
Fair Trading Act 103(2)(a)
Horse Racing Alberta Act 2(6)
Protection of Children Abusing Drugs 1(1)(a)
Act

26
29 Amends references to this Act in other Acts.

26 Explanatory Notes
 Safer Communities and 3(e)(i)
Neighbourhoods Act
Security Services and Investigators Act 10(j)
Tobacco and Smoking Reduction Act 1(c)
Youth Justice Act 10(3)

30 This Act comes into force on Proclamation.

27
30 Coming into force.

27 Explanatory Notes
 RECORD OF DEBATE

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Title: 2017 (29th, 3rd) Bill 26, An Act to Control and Regulate Cannabis