With the legalization of recreational cannabis, there has been a
flurry of activity relating to the enforcement of non-licensed or
illegal cannabis storefronts or “dispensaries.” The
enforcement is being effected under the authority of the
Cannabis Control Act, 2017, S.O. 2017, c. 26,
Sched. 1 (CCA), with municipalities as the
enforcer(s) using delegated authority from the province of
Ontario.1
This article discusses the CCA and the broad enforcement powers
it contains. It also discusses a range of other potential impacts
that commercial landlords can face under the new regime, and it
offers insight into some steps that landlords can take to protect
themselves.
BACKGROUND
It is illegal to sell cannabis in Ontario without a licence. The
CCA has equipped authorities with enforcement tools to address that
illegality. These tools include the ability to charge not only
those who sell cannabis without a licence, but also those that own
and or operate properties whose
