Community Safety Unit orders issued

Last updated on June 21, 2024

Under the Cannabis Control and Licensing Act there are three types of orders issued by the Director of the Community Safety Unit (CSU) with respect to the imposition of administrative monetary penalties (AMPs):

Concession Order – Section 94(7)
Compliance Order – Section 94(7)
Reconsideration Order – Section 95(10)

For a list of AMPs issued by the Director of the CSU, see Administrative monetary penalties (AMPs) issued.

Concession Order

A Concession Order is issued by the Director when a person responds to a Notice of Administrative Monetary Penalty (NAMP) by signing a waiver.

Important:

By signing the waiver, the person admits to the contravention in the NAMP, waives the opportunity for an administrative hearing and accepts a monetary penalty in an amount equal to the retail value of the cannabis that the person sold, possessed for the purpose of sale or produced in contravention of the Cannabis Control and Licensing Act.

Compliance Order

If a person does not sign a waiver in response to a NAMP, an administrative hearing is held and the Director may issue a Compliance Order.

A Compliance Order imposes a monetary penalty in an amount equal to 2 times the retail value of the cannabis that the person sold, possessed for the purpose of sale or produced in contravention of the Cannabis Control and Licensing Act.

Reconsideration Order

If a person applies for a reconsideration of a Compliance Order and the application is accepted, a Reconsideration Order is issued by the Director.

A Reconsideration Order confirms, varies or rescinds the Compliance Order.

Administrative monetary penalties (AMPs) issued

Includes Orders issued up to June 21, 2024

Kit Warren

Order Issued: Compliance Order of $156,125.50

On September 16, 2019, the Community Safety Unit (CSU) attended a cannabis store operated by Kit Warren, located at 1620 Blanshard Street, in the city of Victoria, BC, for the purpose of providing education on the seizure authorities and consequences for selling cannabis contrary to the Cannabis Control and Licensing Act (CCLA).

On February 26, 2020, CSU Officers conducted an enforcement inspection at Kit Warren’s store pursuant to section 89 of the CCLA. During this Enforcement Inspection, CSU Officers seized cannabis from Kit Warren’s store pursuant to section 89(1)(g) of the CCLA.

On October 4, 2021, the Director of the CSU issued a Notice of Administrative Monetary Penalty, proposing to impose an administrative monetary penalty (AMP) on Kit Warren based on CSU’s enforcement inspection.

Following a hearing, the Deputy Director issued a compliance order on January 23, 2024, imposing an AMP in the amount of $156,125.50 pursuant to section 94 of the CCLA. The Deputy Director concluded on the evidence before her that Kit Warren was selling cannabis in contravention of section 15 of the CCLA. After considering all relevant factors, including the need for deterrence, the Deputy Director exercised her discretion under section 94(1) of the CCLA to impose an AMP on Kit Warren. In reaching this decision, the Deputy Director also considered the statutory purposes underlying the CCLA, which include to prioritize the health and safety of British Columbians, protect children and youth, reduce the illegal cannabis market and support economic development opportunities in the province

Pursuant to section 94(2)(a) of the CCLA, the amount of the AMP is equal to two times the retail value of the cannabis that was sold, possessed for the purpose of sale or produced in contravention of the CCLA. The Deputy Director calculated the retail value of the cannabis that Kit Warren sold was $78.062.75 and therefore, the AMP imposed on Kit Warren is $156,125.50.

Victoria Bourgeois

Order Issued: Compliance Order of $142,388.00

On May 8, 2019, the Community Safety Unit (CSU) attended a cannabis store operated by Victoria Bourgeois, located at 1-3175 West Broadway, Vancouver, BC, for the purpose of providing education on the seizure authorities and consequences for selling cannabis contrary to the Cannabis Control and Licensing Act (CCLA).

On October 22, 2019, CSU Officers conducted an enforcement inspection at Victoria Bourgeois’ store pursuant to section 89 of the CCLA. During this enforcement inspection, CSU Officers seized cannabis from Victoria Bourgeois’ store pursuant to section 89(1)(g) of the CCLA.

On July 29, 2021, the Director of the CSU issued a Notice of Administrative Monetary Penalty proposing to impose an administrative monetary penalty (AMP) on Victoria Bourgeois based on CSU’s enforcement inspection.

Following a hearing, the Deputy Director issued a compliance order on November 21, 2023, imposing an AMP in the amount of $142,388.00 on Victoria Bourgeois pursuant to section 94 of the CCLA. The Deputy Director concluded on the evidence before her that Victoria Bourgeois was selling cannabis in contravention of section 15 of the CCLA. After considering all relevant factors, including the need for deterrence, the Deputy Director exercised her discretion under section 94(1) of the CCLA to impose an AMP on Victoria Bourgeois. In reaching this decision, the Deputy Director also considered the statutory purposes underlying the CCLA, which include to prioritize the health and safety of British Columbians, protect children and youth, reduce the illegal cannabis market and support economic development opportunities in the province.

Pursuant to section 94(2)(a) of the CCLA, the amount of the AMP is equal to two times the retail value of the cannabis that was sold, possessed for the purpose of sale or produced in contravention of the CCLA. The Deputy Director calculated the retail value of the cannabis that Victoria Bourgeois sold was $71,194.00 and therefore, the AMP imposed on Victoria Bourgeois is $142,388.00.

Callum Wake and Vincent Collard

Orders Issued: 2 Reconsideration Orders of $1,042,553.94 each.

On July 25, 2019, the Community Safety Unit (CSU) attended a cannabis store operating as “642 Cannabis” (642) located at 3-6686 Sooke Rd, in the District of Sooke, BC, for the purpose of providing education on the seizure authorities and consequences for selling cannabis contrary to the Cannabis Control and Licensing Act (CCLA).

On August 27, 2019, CSU Officers conducted an enforcement inspection at 642 pursuant to section 89 of the CCLA. During this enforcement inspection, the CSU Officers seized cannabis pursuant to section 89(1)(g) of the CCLA.

On December 3, 2020, the Director of the CSU issued two Notice of Administrative Monetary Penalties, proposing to impose an administrative monetary penalty (AMP) on each of Callum Wake and Vincent Collard, based on CSU’s enforcement inspection.

Following a hearing, on June 30, 2022, a delegate of the Director issued a decision and Compliance Orders pursuant to sections 94(1), 94(2) and 94(7) of the CCLA. The delegate concluded on the evidence before her that Callum Wake and Vincent Collard were selling cannabis in contravention of section 15 of the CCLA. After considering all relevant factors, the evidence before her and the statutory purposes of the CCLA, the delegate exercised her discretion under section 94(1) of the CCLA and imposed AMPs on Callum Wake and Vincent Collard. Pursuant to section 94(2)(a) of the CCLA, the amount of the AMP is equal to two times the retail value of the cannabis that was sold, possessed for the purpose of sale or produced in contravention of the CCLA, as determined by the Director. The delegate calculated the retail value of the cannabis that was possessed for the purpose of sale by each of Callum Wake and Vincent Collard was $262,820.74 and the retail value of the cannabis sold by Callum Wake and Vincent Collard between July 26, 2019 to August 26, 2019 was $258,456.23, totalling $521,276.97. The delegate issued a Compliance Order pursuant to section 94(7) on each of Callum Wake and Vincent Collard for $1,042,553.94.

On August 3, 2022, Callum Wake and Vincent Collard submitted a joint application for reconsideration alleging that the delegate had made three procedural fairness errors and six errors of law.

In November 2022, the legislature amended the CCLA and added section 95.1, which provides that the Director has no jurisdiction over constitutional questions. Since the addition of section 95.1 about the Director’s jurisdiction occurred mid-hearing, the parties were given the opportunity to make submissions with respect to it. The Deputy Director issued a summary decision on September 13, 2023 in which she concluded that section 95.1(1) is clear direction that the Director has no jurisdiction over constitutional questions in a hearing under section 94 or 95 of the CCLA. She also interpreted section 95.1(3) to mean section 95.1 applies retroactively to the AMP Hearing, as well as to the present reconsideration hearing. The Deputy Director concluded that section 95.1(1) does not preclude the Director from conducting a “Charter values” analysis in the exercise of their discretion under section 94(1).

Following a hearing, on January 8, 2024, the Deputy Director issued Reconsideration Orders to Callum Wake and Vincent Collard. These applicants had not persuaded the Deputy Director that the Director’s delegate made any errors of procedural fairness or any errors of law that would lead her to rescind or vary the Compliance Orders. Pursuant to section 95(10) of the CCLA, the Compliance Orders were replaced with Reconsideration Orders imposing the $1,042,553.94 AMPs on each of Callum Wake and Vincent Collard.

Cannabysm Holdings Inc.

Order Issued: Concession Order of $43,918.67

On August 11, 2019, the Community Safety Unit (CSU) attended a cannabis store operated by the Cannabysm Holdings Inc. located at 14411 Hwy 99 North in the Regional District of Squamish-Lillooet, Lillooet BC, for the purpose of providing education on the seizure authorities and consequences for selling cannabis contrary to the Cannabis Control and Licensing Act (CCLA).

On January 15, 2021, CSU Officers conducted an enforcement inspection at Cannabysm Holdings Inc.’s store pursuant to section 89 of the CCLA. During the enforcement inspection, CSU Officers seized cannabis from Cannabysm Holdings Inc.’s store pursuant to section 89(1)(g) of the CCLA.

On May 10, 2023, the Director of the CSU issued a Notice of Administrative Monetary Penalty proposing to impose an administrative monetary penalty (AMP) on Cannabysm Holding Inc. based on CSU’s enforcement inspection.

On June 8, 2023, Cannabysm Holdings Inc. signed a waiver expressly and irrevocably:

Admitting to selling cannabis in contravention of section 15 of the Cannabis Control and Licensing Act as set out in the Notice of Administrative Monetary Penalty, NAMP-2023-83370 dated May 10, 2023 (the NAMP)
Accepting the monetary penalty of $43,918.67 [Forty-three thousand nine hundred eighteen dollars and sixty-seven cents] as set out in the NAMP
Waiving the opportunity for an administrative hearing in respect to the NAMP

S&M Medicinal Sweet Shoppe Ltd.

Order Issued: Compliance Order of $105,873.86

On June 19, 2019, the Community Safety Unit (CSU) attended a storefront operating as “S&M Medicinal Sweet Shoppe” (Sweet Shoppe) located at 706 Gibsons Way, in the Town of Gibsons, BC, for the purpose of conducting an education inspection pursuant to section 89 of the Cannabis Control and Licensing Act (CCLA) and providing education on the seizure authorities and consequences for selling illegal cannabis contained in the CCLA.

On February 18, 2020, CSU Officers conducted a second section 89 inspection at Sweet Shoppe. During this Enforcement Inspection, the CSU Officers seized cannabis pursuant to section 89(1)(g) of the CCLA.

On December 15, 2021, the Director of the CSU issued a Notice of Administrative Monetary Penalty (NAMP), proposing to impose an administrative monetary penalty on S&M Medicinal Sweet Shoppe Ltd.

On June 8, 2023, the Deputy Director issued a decision pursuant to sections 94(1) and (2) of the CCLA. The Deputy Director concluded that S&M Medicinal Sweet Shoppe Ltd., was selling cannabis in contravention of the CCLA. The Deputy Director exercised her discretion under section 94(1) of the CCLA and imposed an administrative monetary penalty on S&M Medicinal Sweet Shoppe Ltd., after considering the evidence before her and the statutory purposes of the CCLA.

Original Supply Co. Ltd.

Order Issued: Compliance Order of $513,024.00

On November 20, 2019, the Community Safety Unit (CSU) attended a storefront operating as “Original Supply Co.” located at 3083 Dollarton Highway, in the District of North Vancouver, BC, on the Tsleil-Waututh Nation (TWN) reserve for the purpose of conducting an education inspection pursuant to section 89 of the Cannabis Control and Licensing Act (CCLA) and providing education on the seizure authorities and consequences for selling illegal cannabis contained in the CCLA.

On December 13, 2019, CSU Officers conducted a second section 89 inspection at Original Supply Co. During this enforcement inspection, the CSU Officers seized cannabis pursuant to section 89(1)(g) of the CCLA.

On May 17, 2021, the Director of the CSU issued a Notice of Administrative Monetary Penalty (NAMP), proposing to impose an administrative monetary penalty on Original Supply Co. Ltd., based on the enforcement inspection.

On May 20, 2022, a Delegate of the Director issued a decision pursuant to sections 94(1) and (2) of the CCLA. The Delegate concluded that Original Supply Co. Ltd. was selling cannabis in contravention of the CCLA. The Delegate exercised her discretion and imposed an administrative monetary penalty on Original Supply Co. Ltd., after considering the evidence before her and the statutory purposes of the CCLA.

Charles McCarthy

Order Issued: Compliance Order of $86,915.74

On April 30, 2019, the Community Safety Unit (CSU) attended at a storefront operating as “Boomer’s Bud” located at Unit 107 – 1295 12th Street, in the City of Kamloops for the purpose of conducting an education inspection pursuant to section 89 of the Cannabis Control and Licensing Act (CCLA) and providing education on the seizure authorities and consequences for selling illegal cannabis contained in the CCLA. The business located at Unit 107 – 1295 12th Street, Kamloops, has been known as or referred to as “Da Kine Weed Glass and Gifts”, “Weeds Glass and Gifts”, “Weeds” and “Boomer’s Bud” (Boomer’s Bud).

On July 31, 2019, CSU Officers conducted a section 89 inspection at Boomer’s Bud (the First Enforcement Inspection). During the First Enforcement Inspection, the CSU Officers seized cannabis pursuant to section 89(1)(g) of the CCLA.

On September 4, 2019, CSU Officers conducted a second section 89 inspection at Boomer’s Bud (the Second Enforcement Inspection). During the Second Enforcement Inspection, the CSU Officers seized cannabis pursuant to section 89(1)(g) of the CCLA.

On June 7, 2021, the Director of the CSU issued a Notice of Administrative Monetary Penalty, proposing to impose an administrative monetary penalty on Charles McCarthy, based on the First and Second Enforcement Inspections.

On April 8, 2022, the Deputy Director issued a decision pursuant to sections 94(1) and (2) of the CCLA. The Deputy Director concluded that Charles McCarthy was selling cannabis in contravention of the Cannabis Control Regulation, Part 3 of the CCLA. The Deputy Director exercised her discretion and imposed an administrative monetary penalty on Charles McCarthy, after considering the evidence before her and the statutory purposes of the CCLA.

Pursuant to section 94(2)(a) of the CCLA, the amount of the administrative monetary penalty is equal to two times the retail value of the cannabis that was sold, possessed for the purpose of sale or produced in contravention of the CCLA, as determined by the Director. There is no evidence of cannabis sold or produced, and therefore the administrative monetary penalty is equal to two times the retail value of the Seized Cannabis (i.e., the cannabis possessed for the purpose of sale in contravention of the CCLA). The Deputy Director concluded the retail value of the seized cannabis was $43,457.87 and therefore the administrative monetary penalty is $86,915.74.

Blayne Poirier and Richard Stagg

Orders Issued: Two Compliance Orders of $36,952.66

On July 16, 2019, the Community Safety Unit (CSU) attended at a storefront operating as “Canna Cabana” at 5638 Highway 97, in the Regional District of Okanagan Similkameen near Oliver, BC (Canna Cabana) for the purpose of conducting an education inspection pursuant to section 89 of the Cannabis Control and Licensing Act (CCLA) and providing education on the seizure authorities and consequences for selling illegal cannabis contained in the CCLA.

On October 29, 2019, CSU Officers conducted a second section 89 inspection at Canna Cabana. During this enforcement inspection, the CSU Officers seized cannabis pursuant to section 89(1)(g) of the CCLA (the Seized Cannabis).

On May 28, 2020, the Director of the CSU issued Notices of Administrative Monetary Penalty (NAMP), proposing to impose administrative monetary penalties on Richard Stagg and Blayne Poirier, based on the enforcement inspection.

On November 30, 2021, after a written hearing involving the participation of the NAMP recipients, the Deputy Director issued a decision pursuant to sections 94(1) and (2) of the CCLA. The Deputy Director concluded that the seized cannabis was not medical cannabis as defined in the Cannabis Control Regulation, Part 3 of the Cannabis Control and Licensing Act (CCLA) applies, and Blayne Poirier and Richard Stagg were selling cannabis in contravention of the CCLA.

The Deputy Director exercised her discretion and imposed an administrative monetary penalty on each of Richard Stagg and Blayne Poirier, after considering the statutory purposes of the CCLA and the absence of mitigating factors (including no breach of procedural fairness and no Charter values being engaged).

Pursuant to section 94(2)(a) of the CCLA, the amount of the administrative monetary penalty is equal to two times the retail value of the cannabis that was sold, possessed for the purpose of sale or produced in contravention of the CCLA, as determined by the Director. The Deputy Director found that there was no evidence of cannabis sold or produced, and therefore the administrative monetary penalty was equal to two times the retail value of the Seized Cannabis (i.e., the cannabis possessed for the purpose of sale in contravention of the CCLA). The Deputy Director concluded the retail value of the seized cannabis was $18,476.33 and therefore Richard Stagg and Blayne Poirier were each issued an administrative penalty of $36,952.66.