Ontario Cannabis Laws

The Alcohol and Gaming Commission of Ontario is the only licensing authority for retail cannabis stores in Ontario. Producer licenses will be granted through Health Canada.

For 2020, the AGCO has implemented a 2-step open application process to replace the previously used retail lottery system, eliminating the cap on potential license approvals.

Step 1: Apply for a Retail Operator License – Beginning January 6, 2020, all qualifying candidates can apply. You can find the full list of criteria for obtaining a Retail Operator License here.

Step 2: Apply for a Retail Store Authorization – Beginning March 2, 2020, all candidates who have successfully applied for a Retail Operator License will be able to move forward to this step.

Note: Only applicants from the previous system who have been notified prior to January 6 can apply for a Retail Store Authorization before March 2.

Read this article for more information on how to open a cannabis retail store in Ontario, including links to additional requirements and the list of municipalities that do not allow stores.

There are three in total:

1) Retail Operator Licence: For people or entities that will be operating a cannabis retail store.

2) Retail Store Authorization: Authorizes you to operate a physical storefront. You’ll need a different

3) Cannabis Retail Manager Licence: Required for anyone with management responsibilities to ensure the responsible sale of cannabis. In this case, “management responsibilities” are defined as:

• Supervising or managing employees
• Overseeing or coordinating the sale of cannabis
• Managing compliance issues in relation to the sale of cannabis
• Having signing authority to purchase cannabis, enter into contracts or make offers of employment

Generally speaking, all license holders must be at least 19 years old, financially responsible, have no convictions or charges under the Cannabis Licence Act of 2018, have no current or previous ties to criminal organizations and have not lied in their application.

In almost all cases, yes. The first step is applying for a Retail Operator Licence, followed by a Retail Store Authorization and a Cannabis Retail Manager Licence. You cannot apply for the Retail Store Authorization without first submitting the Retail Operator Licence application.

The only exception is if you are a sole proprietor acting as both the owner and manager for a particular store. If so, you will not need the Cannabis Retail Manager Licence.

1) Retail Operator Licence: $6,000 for a 2-year term, with a $2,000 renewal fee or $4,000 renewal fee for a 4-year term.

2) Retail Store Authorization: $4,000 for a 2-year term, with a $3,500 renewal fee or a $7,000 renewal fee for a 4-year term.

3) Cannabis Retail Manager Licence: $750 for a 2-year term, with a $500 renewal or a $1,000 renewal for a 4-year term.

Licence applications are accepted online through iAGCO, the AGCO’s online service delivery portal. You’ll need to a create an account if it is your first time using the site. After licensing, you can also use this portal for licence management like renewals and modifications.

Applicants may be required to include:

• Constituting Document(s)
• Schematic Diagram
• Details of Shareholders
• Financial Statements
• Tax Return and Tax Assessment
• Personal History

While these aren’t technically required upon initial application submission, it can slow down the licensing process if they aren’t provided up front.

After submitting a Retail Operator Licence application or successfully receiving one, you can move into the Retail Store Authorization process. You will need your Business Name Registration and Proof of Ownership/Tenancy (if applicable).

While not required, the AGCO strongly recommends completing the following steps before submitting a Retail Store Authorization application:

• Confirm that the location you are interested in opening your store in is zoned for commercial or retail use.
• If your intended location is on a reserve, obtain a Resolution of the Council of the Board showing approval.
• Have your Retail Operator Licence application file number or licence number ready.
• Make sure your proposed store location meets all requirements (more on that later).
• Double check that your business or store name complies with all Federal and Provincial laws regarding advertising and promotion.

To apply for this licence, you’ll need a completed Personal History form (provided in iAGCO) that includes all of you employment and unemployment history. You will also need to provide tax returns or a tax assessment.

You can find detailed information in the AGCO’s Cannabis Retail Regulation Guide.

All individuals employed in a cannabis retail store must complete an employee training designed and approved by the AGCO Board. These education requirements have to be completed before the first day of work at any retail cannabis location. The program includes lessons on:

• Basic cannabis knowledge
• The socially responsible sale of cannabis
• Rules related to the sale of cannabis
• Legal and compliance responsibilities for cannabis retailers

According to the Cannabis Licence Act of 2018, a retail cannabis location must abide by these requirements:

• Must be located in a municipality or reserve that has opted into the retail cannabis program.
• Is not within 150 metres of a public or private school.
• Only operates between the hours of 9:00 am and 11:00 pm (Monday-Sunday) and municipalities can set different hours of operation.
• Must be the only business operating in the store and can only sell approved cannabis products and certain cannabis accessories like pipes and rolling papers.

The minimum age for purchasing non-medical cannabis is 19, one year older than the federal minimum age required for tobacco or alcohol.

Any other items, like bags or cannabis accessories, must comply with advertising rules and be approved by the AGCO.

If proposed legislation passes, adults over the age of 19 years old will be able to have a maximum of 30 grams (about one ounce) of dried cannabis in public at any time.

Proposed legislation says purchase limits cannot exceed the 30 gram possession allowance, but could be limited to a lesser amount. We will update this answer when purchase limits are finalized.

Yes; the AGCO will operate the Ontario Cannabis Store, an online marketplace and delivery system. Online cannabis sales in Ontario will begin on October 17, 2018.

Retailers are required to purchase all wholesale inventory exclusively from the publicly-owned Ontario Cannabis Retail Corporation. This is the same entity that will run the online Ontario Cannabis Store.

Right now, retail cannabis stores can sell cannabis flower, tinctures, topicals, pre-rolled joints, edibles and concentrates.

Yes, retail cannabis stores can sell edibles. Please find more information here.

Retailers will be responsible for tracking cannabis as it moves in and out of their store, according to Section 81 of the federal Cannabis Act. That means each sale must be traceable back to the employee that conducted the transaction and all cannabis moving in or out of your store must be tracked in a way that allows for product recalls and limits diversion to the black market. A licensee’s records must account for cannabis products used for display purposes too, accounting for the product after it is no longer used in a display.

Yes, Cova’s Point of Sale system is made with the cannabis industry in mind and meets all tracking requirements in Ontario. Ontario requires that any POS systems used by a licensee must be certified by a recognized industry certification organization like the PCI Security Standards Council or the International Organization for Standardization. A POS must also monitor all system access and changes.

Cova’s POS meets all of this criteria and more, taking the hassle out of tracking and reporting. See the cannabis industry’s most loveable POS in action with a live demo.

Canada's federal cannabis law (The Cannabis Act) includes strict marketing and advertising restrictions. It outlines five main restrictions on advertising cannabis, including:

• No testimonials or personal endorsements (from clients, customers, employees, or celebrities);
• Cannot appeal to children or be located anywhere with a minor audience;
• Cannot include any pricing information except for at the point of sale;
• Cannot use the depiction of a person, character, or animal (whether real or fiction);
• Cannot make cannabis look cool, glamorous, or exciting.

The Cannabis Act says clear that no cannabis, cannabis accessory, or cannabis service can be advertised in any publication or broadcast that originates outside of Canada or has an audience that includes minors. These restrictions can really limit your paid placements online, but it isn't impossible with research and due diligence.

For paid ads on advertising networks like Google Adwords, a cannabis brand could possibly use hyper targetting to limit the age range to adults and only target users in Canada to work around federal marketing laws. Unfortunately, Google still has a strict no-cannabis policy even in legal countries like Canada.

When crafting your online marketing strategy, be sure to talk with a lawyer to make sure you are compliant with federal and provincial cannabis advertising laws.

No, the federal law is very clear that no free product can be given out.

Ontario relies on the federal guidelines for cannabis advertising. The province does reiterate that no free product may be given away by a cannabis brand.