June 2019 LIBOA

1. Overview of the Community Safety Unit June 2019 LIBOA Policing and Security Branch

2. Background • The majority of the provincial Cannabis Control and Licensing Act (CCLA) came into force on October 17, 2018. • The CCLA regulates the sale, supply, and possession of non-medical cannabis, and establishes licensing of private cannabis retailers. • The CCLA also sets out a compliance & enforcement regime and establishes a Director to carry out enforcement activities against those who sell cannabis without a license.

3. Mandate

4. GRADUAL, PHASED IMPLEMENTATION OF THE CSU Goals and Activities: 1. Voluntary Compliance Through Targeted Education and Awareness • Maintaining CSU web content • CSU Brochure • Outreach activities • Site-visits with unlicensed cannabis retailers 2. Developing and Maintaining Strong Partnerships • Federal, Provincial, Local • LCRB (Licensing and C&E) and LDB • Police (Local, Provincial) • Municipalities (By-laws, Public Safety) • Indigenous Communities • Health Authorities 3. Delivering a Province-wide Inspection and Investigative Program 4. Taking Progressive Enforcement Action • Seizing cannabis and records • Issuing Notices of Administrative Monetary Penalties and upholding a fair hearing process • Applying to the B.C. Supreme Court for injunctions • Issuing violation tickets • Recommending criminal and/or provincial charges to BCPS • Inventory of unlicensed cannabis retailers (brick and mortar, online, pop-ups, delivery services) • Intake of complaints (Case Management System) • Inspections • Investigations

5. CSU Locations and Staff The CSU will conduct enforcement across the entire province with four regional offices in: The CSU will have a total of 44 FTEs, including: Surrey Prince George Victoria Kelowna Executive Director Deputy Director 2 Managers 21 Investigators 9 Senior investigators

6. Enforcement activities of the CSU: Jurisdiction to enter premises where cannabis is being sold without a license Seizure of cannabis Issue administrative monetary penalties equal to two times the value of the cannabis sold, or possessed for the purpose of sale Seek injunctions Make recommendations to the BC Prosecution Service for provincial or criminal charges

7. Authorities of CSU Investigators • Director’s Powers: • CSU Investigators have delegated authority from the Director of the CSU. • Can conduct inspections, searches, and seizures without warrants (regulatory authority). • Special Provincial Constable Powers: • CSU Investigators have Special Provincial Constable Status (peace officers). • Can obtain search warrants, judicial orders, and recommend charges to Crown.

8. Seizures under the CCLA Director’s Powers Peace Officer’s Powers Seizures of cannabis and records allowed under s. 89(1) without a warrant. Occupant must cooperate with the Director pursuant to s.90(1). Seizures of cannabis in plain view allowed under s. 101(1) if there are reasonable grounds to believe it is possessed in contravention of the CCLA. Warrants to enter residences and seize cannabis and other evidence can be obtained under s.91(2). Warrants to enter premises and seize cannabis and other evidence can be obtained under s.102(1). Seizures of cannabis in plain view allowed under s. 101(1) if there are reasonable grounds to believe it is possessed in contravention of the CCLA.

9. Violation Tickets CSU Investigators have the authority to issue tickets under the CCLA, including the following sections:

10. Overview of Offences and Penalties under the CCLA

11. Stakeholder Engagement • CSU is engaging with stakeholders to identify illegal retailers and develop an informed compliance and enforcement plan. • Stakeholders include but are not limited to: • The Liquor and Cannabis Regulation Branch (LCRB) • RCMP Criminal Operations (CrOps) Officers • Municipal Police • Union of BC Municipalities (UBCM) • Municipalities (Bylaw departments) • Indigenous communities • Health Authorities

12. Collaboration with Police • CSU officers will not be armed or have handcuffs. • Police assistance may be requested when enforcement action is conducted. • Police intelligence may also be requested.

13. Reports to Crown Counsel • CSU investigators, as Special Provincial Constables, have the authority to conduct investigations and write Reports to Crown Counsel. • They will submit Reports to Crown Counsel in files that involve the following: • Prolific offenders; or • Significant public interest concerns.

14. Prevention & Awareness Activities (April 1 to June 5) • Site visits of illegal retailers are for the purposes of education and awareness and to get voluntary compliance. • Communities visited: Vancouver, Abbotsford. Victoria, Kamloops, and Okanagan region

15. Prevention & Awareness Activities (April 1 to June 5) Site visit experience • Most illegal retailers are non-confrontational and many claim they have applied to be legal. • Many retail staff are unaware their store is unlicensed • Cannabis retailers are predominately cash-only businesses and some have white label ATMs in the establishment.

16. Current Developments • The CSU is currently focusing on education and outreach with illegal unlicensed cannabis retailers. • CSU Investigators are developing an intelligence database on illegal unlicensed retailers to help guide enforcement activities. • Enforcement activities will progressively increase. • Focus will continue to be on illegal unlicensed retailers until the illegal cannabis retail market is minimized. • The CSU’s focus will not be on production of cannabis for the near future.

17. Questions? Please contact us at: csu@gov.bc.ca 1-855-502-5494 Kevin Burk Senior Investigator office:  604-660-6815 | email:kevin.burk@gov.bc.ca Eric Hall| Manager of Investigations office:  604-398-6159| email:eric.hall@gov.bc.ca