Ontario won't cap the number of cannabis retail licences

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Ontario will not cap the number of retail licences issued to businesses that want to sell weed in the province, as long as applicants obtain the right approvals from the Alcohol and Gaming Commission of Ontario, the provincial regulator that is being authorized to grant store licences.

The moves are part of new legislation revealed by the Ontario government Wednesday afternoon detailing the province’s plans for incorporating private cannabis retail into the existing public framework.

The “two-phase” regulatory approach will require that businesses obtain a retail operating licence and a retail store authorization from the AGCO, according to Ontario Attorney General Caroline Mulroney. “This licensing will not be capped, and will be driven by the AGCO,” Mulroney told reporters at a press conference in Queens’ Park.

Although the number of licences overall will not be capped, a single licensed producer will only be allowed to hold a single retail licence at one production site, Ontario Finance Minister Vic Fedeli said. “This is an opportunity for small business to get involved so we want to allow for as many participants across Ontario.”

The minister also said that there will be limits on the number of licences a single corporation can be issued.

The legislation also proposes an overhaul to the governance structure of the Ontario Cannabis Store, which is currently lined up to be the exclusive online retailer for recreational weed. The OCS will cease to operate as a subsidiary of the LCBO, and will be shifted under the jurisdiction of the Ministry of Finance. It will also undergo a name change, and be known as the Ontario Cannabis Retail Corporation.

“It will serve as the exclusive wholesaler to private retailers,” Fedeli confirmed.

When recreational weed becomes legal on Oct. 17, Ontarians will first be able to purchase it online, through the OCS. The private retail store model, however will only be in place by April 2019.

“The idea of not capping the number of retail licences makes a lot of sense,” said Mark Goliger, CEO of National Access Cannabis, which has a deal with Second Cup to convert some of its coffee shops into cannabis stores. “Setting a cap is somewhat artificial because of the number of markets across rural Ontario that need to be served.” Goliger said that NAC has secured leases to open cannabis stores “all across Ontario,” though he wouldn’t reveal specific numbers or locations.

A number of other licensed producers contacted by the Financial Post declined to comment on the proposed new bill until it is officially introduced Thursday morning.

Both Mulroney and Fedeli reiterated the Ford government’s “tough on crime” approach to cannabis retail, emphasizing that businesses that continue to sell weed illegally post-legalization will not be able to ever obtain a licence from the AGCO.

“Zero tolerance means just that. Zero tolerance,” Fedeli said

Some however, were disappointed by the tone of the new legislation which has limited smoking cannabis in places where smoking tobacco is prohibited, arguing that it would merely serve to bolster the black market.

“Ontario should allow private, age-gated consumption spaces to allow adults to consume a legal substance, socially, just as bars allow the social consumption of alcohol,” said Rebecca Brown CEO and Founder of cannabis ad agency, Crowns.

Under the Liberals, Ontario was planning a government-run model similar to the LCBO, which involved an initial 40-store rollout, with the plan of expanding to 150 stores. That model, however, was heavily criticized for not being sufficient enough to meet expected cannabis demand in a province of close to 15 million people.
 
The Ontario government expects 500 to 1,000 private cannabis stores will open across the province after legalization, with no set limits on how many can be located in one neighbourhood or even on one street.

The Doug Ford government has rejected the previous government’s plan to limit the provincewide number to 150 LCBO-operated stores.

The Conservatives have also decided not to follow the Kathleen Wynne government’s lead to ban cannabis smoking and vaping in public, instead allowing it anywhere tobacco and e-cigarettes can be legally used — including sidewalks.

The Justin Trudeau government is legalizing recreational cannabis as of Oct. 17.

In Ontario, weed will initially be available for purchase via a province-run online delivery service, with brick-and-mortar retail stores permitted to open after April 1.

The provincial Cannabis Statute Law Amendment Act was introduced Thursday, both to amend the Smoke-Free Ontario Act to include cannabis, and to create a framework for the issuing of licences to operate cannabis retail stores.

The legislation allows the provincial government to set guidelines down the road for concentration of stores, but does not include a hard cap on the total number of retail outlets.

Attorney General Caroline Mulroney said the goal is to allow people to participate in the legal market.

Anyone who has links to organized crime or is running an illegal pot shop will be excluded from obtaining a retail licence.

“We’ve been very clear that if they wish to participate in the legal market that they should not be operating an illegal dispensary on Oct. 17,” Mulroney said.

A criminal record doesn’t necessarily prohibit someone from obtaining a licence to run a legal cannabis store.

Those licences cannot be transferred or sold, and the government intends to ensure that no companies end up dominating the potentially lucrative market.

A buffer between schools and cannabis stores will be mandatory.

Local governments will also be able to opt-out of hosting private cannabis stores entirely, though they will not be eligible for the same share of $40 million the province has set aside to compensate municipalities for the additional costs related to legal cannabis.

Liberal Leader John Fraser said the introduction of legal recreational cannabis requires thoughtful, incremental measures.

“The government’s not taking that cautious approach,” he said.

His own government had essentially limited pot smoking to private residences and he predicted many Ontarians will be upset by the more open rules around smoking cannabis, especially in places like provincial parks or public beaches.

“I don’t want somebody sparking up, lighting a joint, next to me and my grandkids,” Fraser said. “It’s not good for them from a health perspective.”

OPSEU president Warren “Smokey” Thomas, who represents employees of the LCBO, said Ontario will “become the wild west of cannabis and Sheriff Doug Ford is going to skip town, leaving communities and municipalities holding the dime bag.”

Finance Minister Vic Fedeli said his government consulted widely with municipalities, First Nations and law enforcement before concluding that cannabis should be added to the Smoke-Free Ontario prohibitions.

Municipalities could also pass bylaws to further restrict the use of cannabis.

“I know in my own community of North Bay our health unit has placed restrictions on areas where you can’t smoke in public parks or in our ball fields and things like that,” Fedeli said.

“I think it will evolve over time. People will understand the courtesies.”
 
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