November 22, 2020
Updated: Nov 24, 2020
On November 20, 2020 the Premier of Ontario announced that the province is moving several public health unit regions to new levels in the Keeping Ontario Safe and Open Framework, which all licensees are required to comply with. This includes moving Toronto and Peel into Lockdown effective Monday, November 23, 2020 at 12:01 a.m.
Cannabis retailers in regions that have entered Lockdown are not permitted to allow patrons to enter the indoor area of their businesses. To support cannabis retail stores licensed and authorized by the AGCO and cannabis consumers in the regions in Lockdown (colour code: grey), the Government of Ontario is allowing those retail stores to complete sales through delivery and curbside pick-up services.
In order to ensure cannabis retail sales by delivery and curbside pick-up are conducted with honesty, integrity and in the public interest, the AGCO has established new temporary Standards to the Registrar's Standards for Cannabis Retail Stores. The requirements will be familiar to cannabis retailers that provided delivery and curbside pick-up services earlier this year.
The information below is intended to help licensees understand the key requirements for cannabis delivery and curbside pick-up while their region is in Lockdown.
General Requirements:
- Cannabis retailers must continue to comply with all laws, including the Registrar’s Standards for Cannabis Retail Stores. For instance, they must continue to ensure cannabis is not sold or delivered to anyone under 19 or who appears to be intoxicated, and that cannabis is securely stored.
- Cannabis retailers may sell any item permitted for sale in their retail store for delivery or curbside pick-up. No other items may be sold.
- The maximum purchase amount of 30 grams of dried cannabis (or equivalent) per person remains in place.
- The permitted hours of sale, delivery and curbside pick-up are from Monday to Sunday, between 9 a.m. and 11 p.m. Any items not delivered by 11 p.m. must be returned to the store.
- Cannabis must be provided in its original packaging and delivered to the customer in a way that ensures the contents are not visible to minors.
- Payment may be made using any method acceptable to the cannabis retailer and completed at the time of the order or at the time of the curbside pick-up or delivery.
Requirements for Curbside Pick-up:
- The cannabis retailer or employee must ask for and inspect identification if they suspect a customer is under 25 years old.
- Store staff may only distribute cannabis to customers in areas that are clearly captured by the store’s surveillance cameras.
- Cannabis retailers must comply with all government directives concerning social distancing. The AGCO encourages cannabis retailers to continue practicing physical distancing and to make efforts to promote a safe distance between customers in curbside lineups and safe transactions during curbside payments.
Requirements for Delivery:
- Only cannabis retailers or their direct employees may deliver cannabis and must hold a certification from CannSell. However, the licensee or their direct employee may use a third-party for transportation (e.g. driving a vehicle) if the cannabis is in the secure possession of the licensee or direct employee at all times.
- Cannabis retailers must ensure that cannabis removed from an authorized store for delivery has been ordered by a customer.
- The cannabis retailer or employee must deliver the cannabis to the residential address or private place specified in the order. Orders may be delivered to addresses outside of the regions in Lockdown.
- Cannabis must be delivered to a person present at the place of delivery who is at least 19 years of age.
- The cannabis retailer or employee must ask for and inspect identification if they suspect the individual to who the delivery is made is under 25 years old.
- Cannabis retailers are permitted to charge for delivery.
- Cannabis and accessories must be kept secure up until it is delivered to the customer or returned to the store.
- Cannabis retailers must record and retain the name and address of the purchaser and the residential address or private place where any cannabis is delivered.
For ease of reference, the Standards that have been updated or newly established are: 1.9, 8.1.8, 9.0, 9.1, 9.2, 9.3, 9.3(1), 9.3(2) and 9.4.
Cannabis Retailers are reminded that, in addition to provincial health measures, some municipalities and local medical officers of health have added their own regional restrictions or requirements. The AGCO has developed a new table highlighting relevant information regarding provincial and local public health measures. For ease of reference, please continue visiting this AGCO webpage as each new government announcement takes effect.
Helpful Resources
Follow the AGCO’s Twitter account and check the AGCO’s web page table regularly for updates on the COVID-19 response framework and how it affects the AGCO-regulated sectors, For more information about the public health measures enacted by the Ontario Government, see the COVID-19 response framework web page.
The AGCO remains committed to protecting public safety and ensuring cannabis is sold, picked-up and delivered in a responsible manner. The AGCO continues to work closely with the Government of Ontario and the Ontario Cannabis Store to find ways of supporting Ontarians and the sectors we regulate throughout this difficult time.