The Alcohol and Gaming Commission of Ontario (AGCO) announced a subsequent allocation process for an additional 50 retail store authorizations (RSAs) in Ontario. Forty-two of these RSAs will be granted through a second...more
The federal government recently launched a consultation to seek feedback on the introduction of a new category of health products with cannabis, referred to as cannabis health products (CHPs). If implemented, this regime...more
Health Canada has issued a press release stating that it is changing the application process for licences to cultivate cannabis, process cannabis or sell cannabis for medical purposes (Commercial Licenses).
Effective...more
The Government of Ontario (Government) has released its much-anticipated cannabis retail licensing regulations (Regulations) that set out several of the requirements for parties seeking to enter the retail market. It is...more
Ontario has now passed Bill 36: Cannabis Statute Law Amendment Act, 2018 (Bill 36), which sets out the government’s updated approach to the regulation of recreational cannabis. Bill 36 introduces the Cannabis Licence Act,...more
On June 22, 2018, in Re Manitok Energy Inc., Justice K. Horner of the Alberta Court of Queen’s Bench (Court) confirmed that the creation, grant and sale of a production volume royalty can constitute an interest in land where...more
Justice R. Graesser of the Court of Queen’s Bench of Alberta (Court) recently released his decision in Royal Bank of Canada v. Reid-Built Homes Ltd. (Decision), where he held that the Court has the discretion, but not the...more
On November 16, 2017, the Government of Alberta introduced Bill 26, An Act to Control and Regulate Cannabis (Bill), which contains the proposed regulatory framework for recreational cannabis sales in Alberta. The Bill seeks...more
On November 9, 2017, the Supreme Court of Canada (SCC) granted the leave application (Leave Application) filed by the Alberta Energy Regulator (AER) and the Orphan Well Association (OWA) in Orphan Well Association, et al v....more
On October 4, 2017, the Government of Alberta (Province) released its proposed Alberta Cannabis Framework (Framework). The Framework is based on the Province’s four policy priorities: keeping cannabis away from children;...more
In addition to the regulatory compliance issues that may arise from the production and sale of cannabis, companies operating in this space face many of the traditional legal concerns, including contractual, employment and...more
On April 24, 2017, in Orphan Well Association v. Grant Thornton Limited, the Alberta Court of Appeal (Court) upheld Chief Justice N. Wittmann’s decision (Chief Justice) in Redwater Energy Corporation (Re) (Chambers Decision)...more
The licencing, sale and use of cannabis (both medically and recreationally) is likely to result in an increased risk of product liability claims on behalf of patients and consumers, including class action risk for the...more
Sales of illegal marijuana have long been subject to tax in Canada (notwithstanding the illegality of the sales), and legal sales of medical marijuana are also currently treated as taxable. From the outset, the federal...more
The extent to which the new law will restrict the advertising and branding of cannabis was, and still is, one of the key unknowns. From industry’s perspective, cannabis should be regulated more like alcohol than tobacco, and...more
Cannabis, similar to any other commodity, is subject to Canada’s customs laws respecting international trade in goods. However, in the case of cannabis, additional rules apply regarding the fact that trade in cannabis is...more
The new legislation will inevitably result in a flurry of discussions between the government and affected stakeholders....more
Bank Act -
The Bank Act gives scheduled banks the right to take security interests in farm assets, crops and other agricultural products in exchange for the extension of credit. When a borrower makes a grant of security...more
The pending legalization of non-medical cannabis raises a host of issues for employers. Upon passage of the new legislation, employers can expect to encounter difficult decisions relating to the appropriateness of drug...more
Canadian Capital Markets -
As changes in the regulatory regime open up significant opportunities in the cannabis sector, industry players will be seeking access to capital to fund growth, and investors will be looking...more
In Redwater Energy Corporation (Re) (Redwater Energy), the Court of Queen’s Bench of Alberta (Court) held that certain sections of the Oil and Gas Conservation Act (OGCA) and Pipeline Act (PA) are inoperative to the extent...more