Who can apply for a Retail Store Authorization (RSA) on a First Nations reserve?
An applicant can be a corporation, limited partnership, partnership, trust or sole proprietor.
What is the application process for a cannabis retail store on a First Nations reserve?
To operate a cannabis retail store on a First Nations reserve, you must apply for a Retail Operator Licence (ROL) and a Retail Store Authorization (RSA).
A complete RSA application must include a resolution from the First Nations band council approving the location of the proposed store on their reserve.
To be eligible for a ROL or a RSA for any cannabis retail store, including those to be located on a First Nations reserve, applicants are required to meet the requirements of the Cannabis Licence Act, 2018 and Ontario Regulation 468/18.
Is there mandatory wording required in the band council resolution approving the location of a proposed store on reserve?
No. Approval of store location is the only mandatory requirement; however, it is preferable that the band council resolution also include the date of approval and the name of the retail store operator, to assist the AGCO during the application process.
What documents, aside from the band council resolution, are required as part of my Retail Store Authorization (RSA) application?
Aside from the band council resolution approving of the store location, no additional documentation specific to First Nations are required. For the full RSA application requirements, please see Apply for a retail store authorization.
What if a First Nations reserve no longer wants cannabis retail stores on their reserve?
If a band council amends or rescinds a resolution or passes a resolution that does not permit a cannabis store to be located in that location before the Retail Store Authorization (RSA) is issued, the applicant is ineligible for a store at that location and the Registrar will not issue the authorization. The holder of the Retail Operator Licence (ROL) would be able to apply for an RSA in another location on a reserve, provided that a band council resolution approving the location is submitted to the AGCO.
If a band council amends or rescinds an existing resolution or passes a resolution that does not permit a cannabis store to be located in that location after the RSA is issued, the RSA will continue until the end of the authorization period (either two or four years).
To check First Nations reserves that have opted out of having authorized cannabis retail stores on their reserve or that restrict cannabis delivery, please see First Nations band council decisions.
Will there be any special conditions on the First Nation licences because the stores are on-reserve?
There may be times where the AGCO will attach conditions to a Retail Operator Licence (ROL), a Retail Store Authorization (RSA) and/or a Retail Manager Licence (RML) based on a variety of risk factors.
The AGCO does not have special conditions specific to stores located on First Nation reserves.
What are the application fees for a licence or authorization in relation to a cannabis retail store on a First Nations reserve? Am I eligible for a fee exemption if my cannabis retail store is on a reserve?
As stated in Ontario Regulation 468/18, applicants for a Retail Operator Licence, Retail Store Authorization (including transfers), Retail Manager Licence and the renewals of such licences and authorizations involving cannabis retail stores on a First Nations reserve are eligible for an application fee exemption. Additional supporting documents are required to support the fee exemption, such as a band council resolution or an offer of employment from the operator of a store on reserve.
Applicants may start their application on iAGCO and contact Customer Service with their application file number for assistance with the fee exemption.
Is public notice of my Retail Store Authorization (RSA) application required if my store will be on a reserve?
No, public notice of an application for a store on reserve is not required.
What would disqualify an applicant from being considered for a store located on-reserve? Will the owner and staff of the applicant need to pass a security check?
A Retail Store Authorization (RSA) will not be issued if the band council does not provide a resolution approving the store's location on a First Nations reserve.
Please refer to the Cannabis Retail Regulation Guide for eligibility criteria for a Retail Operator Licence (ROL).
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