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B.C. Reg. 22/2024, deposited February 14, 2024, under the CANNABIS CONTROL AND LICENSING ACT [section 138] and OFFENCE ACT [section 132]. Order in Council 56/2024, approved and ordered February 14, 2024.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that
(a) the Cannabis Control Regulation, B.C. Reg. 204/2018, is amended as set out in the attached Appendix 1, and
(b) the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended as set out in the attached Appendix 2.
— N. SHARMA, Attorney General; M. FARNWORTH, Minister of Public Safety and Solicitor General and Deputy Premier; N. CULLEN; Presiding Member of the Executive Council.
Appendix 1
1 Section 19 of the Cannabis Control Regulation, B.C. Reg. 204/2018, is repealed and the following substituted:
Smoking or vaping
19 (1) In this section:
"e-cigarette" has the same meaning as in the Tobacco and Vapour Products Control Act;
"law" means the following:
(a) a law of Canada or British Columbia;
(b) a law or bylaw of an Indigenous nation;
(c) a bylaw of a municipality or regional district;
"public patio" means a patio that is a public place;
"tobacco" has the same meaning as in the Tobacco and Vapour Products Control Act.
(2) This section applies for the purposes of section 67 of the Act.
(3) If a law applies to the smoking or vaping of cannabis in or on a public patio, a person must not smoke or vape cannabis in or on the public patio contrary to that law.
(4) To the extent that no law applies to the smoking or vaping of cannabis in or on a public patio, a person must not smoke or vape cannabis in or on the public patio contrary to any law that applies to the smoking of tobacco or to the use of e-cigarettes, as if that law applied to the smoking or vaping of cannabis.
2 Sections 28 (e) and 37 are repealed.
Appendix 2
1 Schedule 2 of the Violation Ticket Administration and Fines Regulation, B.C. "Cannabis Control and Licensing Act"
(a) by repealing the following as indicated:
1 Provision |
2 Contravention |
3 Fine |
4 Victim Surcharge Levy |
5 Ticketed Amount |
---|---|---|---|---|
section 67 |
Smoke or hold lighted cannabis on public patio |
$200 |
$30 |
$230 |
section 67 |
Vape cannabis or hold activated cannabis vapour device on public patio |
$50 |
$8 |
$58 |
, and
(b) by adding the following as indicated:
1 Provision |
2 Contravention |
3 Fine |
4 Victim Surcharge Levy |
5 Ticketed Amount |
---|---|---|---|---|
section 67 |
Unlawfully smoke or hold lighted cannabis on public patio |
$200 |
$30 |
$230 |
section 67 |
Unlawfully vape or hold activated cannabis vapour device on public patio |
$50 |
$8 |
$58 |
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