Part II - Enacted First Nations Legislation

Madawaska Maliseet First Nation CANNABIS AND TOBACCO LICENSING LAW 2023

- in accordance with -

Madawaska Maliseet First Nation Land Code and the Framework Agreement on First Nation Land Management

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February 28, 2023

Verlfled & Approved: ~AJ~ ~~~ Chief C ncillo Patricia Bernard Donna Wallace- ourgeault

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Table of Contents PREAMBLE .................................................................................................................................. 1 PART I: PRELIMINARY MATTERS ....................................................................................... 2 1. TI1LE ........................................................... ...................................................................... 2 2. PURPOSE ........................................................................................................................... 2 3. DEFINITIONS ...................................................................... .............................................. 3 4. INTERPRETATION. ................................................ ........................................ .................. 5 5. SEVERABILITY ................. ............................... ...... ................................. ..... ........... ......... 6 PART II: REGULATORY AUTHORITY ................................................................................. 6 6. AUTHORITY ............................................................ ......................................................... 6 7. PARAMOUNTCYOFLAW .............................. .............. .. ... ...... ...................................... 6 8. LEGAL DEFENCE OF REGULAT ORY REGIME .......................................................... 7 PART Ill: GENERAL .................................................................................................................. 7 9. APPLICATION ........................................ .......................................................................... 7 I 0. CANNABIS AND TOBACCO COMMITTEE ......................................................... ........ 8 11. ANCILLARY POWERS ...................................... .............. .... ...... ...................................... 8 12. GENERAL PROHIBITIONS ............................................................................................. 8 13. PERSONAL USE AUTHORIZATIONS .................................. ............. ............................ 9 14. TRADITIONAL USE OF TOBACCO ..................................................................... ........ 10 15. MEDICAL PRESCRIPTION EXEMPTION ................................................................... 11 PART IV: LICENSING ............................................................................................................. 11 16. MANDATORY LICENSING .......................................................................................... 11 17. CLASSES OF LICENCES ............................................................................................... 12 18. APPLICANTS ........................................................................................................... ....... 12 19. PREMISES ....................................................................................................................... 13 20. LICENCE APPLICATIONS ............................................................................................ 13 21. LICENCEAGREEMENT ................................................................................................ 14 22. LICENSING FEE ............................................................................................................. 14 23. LICENCE TERM AND RENEW AL ............................................................................... 15 24. LlCENCE TSSUANCE AND REFUSAL ......................................................................... 15 25. CHANGES DURING TERM ............................. .............................................................. 15

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26. LICENCE AMENDMENT OR TRANSFER. ........................... ....................................... 15 27. DISPLAY OF LICENCE. ................................................................................................. 16 28. SUSPENSION, REVOCATION, OR TERMINATION OF LICENCE .......................... 16 29. PRODUCTION LICENCES ............................................................................................. 16 30. DISTRJBUTION LICENCES .......................................................................................... 17 31. CANNABIS RETAIL LICENCE ..................................................................................... 17 32. TOBACCO RETAIL LICENCE ...................................................................................... 18 33. TEMPORARY PERMITS ................................................................................................ 18 PART V: EXCISE TAX AND STAMPS .................................................................................. 19 34. EXCISE TAX ................................................................................................................... 19 35. EXCISE STAMPS ................................ .................................. .......................................... 19 PART VI: INSPECTION, BREACHES, AND OFFENCES .................................................. 20 36. INSPECTION ........................................................................................................... ........ 20 37. PUBLIC HEALTH AND PUBLIC SAFETY MATTERS ............................................... 21 38. INVESTIGATION OF BREACH OF LICENCE ............................................................ 21 39. REMEDIES FOR BREACH OF LICENCE .......................... .......................................... 22 40. OFFENCES ...................................................................................................................... 22 41. PARTIES TO AN OFFENCE .............................. ............................................................ 22 42. OBSTRUCTION .............................................................................................................. 23 43. ENFORCEMENT ............................................................................................................. 23 44. APPEALS ....... .............. ..... ........ ....................... ................................................................ 24 PART VII: REGULATIONS AND ENACTMENT ................................................................ 24 45. REGULATIONS ............................................................................................................... 24 46. COMING INTO FORCE ..................... ............................................................................. 24

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MADAW ASKA MALISEET FIRST NATION CANNABIS AND TOBACCO LICENSING LAW, 2023

PREAMBLE Whereas in regard to Indigenous peoples, it is essential for Canada to reject colonialism and engage in a contemporary approach based on good fa ith and the principles ofj ustice, democracy, equality, non-discrimination and good governance; ·

And Whereas Madawaska Maliseet First Nation ("MMFN") has and recognizes its inherent right and duty to protect its homeland in respect of al I generations past, present and future to the full extent of its ability which includes exercising control over its lands for the use and benefit of its Members;

And Whereas MMFN has and recognizes il5 inherent right to regulate economic activities, to preserve and promote the health and well-being of ils community, and to maintain law and order in the Territory;

And Whereas Madawaska Maliseet First Nation has jurisdiction, authority, control and management over its lands, resources, and interests for the use and benefit of its Members pursuant to the Framework Agreement on First Nation Land Management and has enacted the Madawaska MaUseet flrst Nation Land Code effective the 1 st day of January 2018;

And Whereas section 7 of the Madawaska Maliseet First Nation Land Code provides the Madawaska Maliseet First Nation with authority to enact Land Laws in relation to Reserve Land;

And Whereas Madawaska Maliseet First Nation has and continues to exercise an inherent Aboriginal and Treaty right to govern its citizens and lands that is recognized and affirmed by, inter alia, Articles 3, 4, 20, 24, and 35 of the United Nations Declaration on the Rights of Indigenous Peoples and Section 35 of the Constitution Act, 1982, Schedule B to the Canada A ct 1982 (UK), 1982, c 11;

And Whereas Madawaska Maliseet First Nation intends that this Cannabis and Tobacco Licensing Law will serve as a fundamental and dynamic document to be adapted to fit the capacity and aspirations of Madawaska Maliseet first Nation as they evolve over lime and to eventually address the governance of all aspects of Cannabis and Tobacco production, distribution, sale, possession, and use within and on the St. Basile Indian Reserve #1O ;

And Whereas the Council of Madawaska Maliseet F irst Nation deems it necessary to enact a Land Law to deal with Cannabis and Tobacco in order to ensure the comfort, safety, and protection of people, lands, buildings, and resources on the St. Basile Indian Reserve # 1O ;

NOW THEREFORE, this Madawaska Maliseet First Nation Cannabis and Tobacco Licensing Law is hereby enacted as a Land Law of the Madawaska Maliseet First Nation.

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PART I: PRELIMINARY MATTERS TITLE This Law may be cited as the Madawaska Maliseet First Nation Cannabis and Tobacco Licensing Law, 2023.

PURPOSE

The purpose of this Law is to ensure the comfort, health, safety, welfare, and protection of the Madawaska Maliseet First Nation, its Members, community, Lands, buildings, and resources by Licensing and regulaling Cannabis and Tobacco on Madawaska Maliseet First Nation Land to:

(a)

(b)

(c)

(d)

(e)

(t)

(g)

(h) (i)

regulate the cultivation, production, manufacture, Distribution, transport, storage, sale, purchase, promotion, exposure, and use of Cannabis, Tobacco, and related products on MMFN Land;

establish a regulated and controlled mechanism for Members, Member-owned businesses, and MMFN-owned businesses to lawfully obtain Licences and Permits for Cannabis and Tobacco-related activities on MMFN Land;

ensure a safe and regulated supply of quality-controlled Cannabis and Tobacco and promote stable and well-regulated Cannabis and Tobacco markets that eliminates involvement with criminal activity;

apply the highest universally accepted Cannabis and Tobacco control standards;

promote access to medicinal Cannabis products in order to realize the health benefits of Cannabis fully;

provide guidance with respect to the enforcement of Cannabis and Tobacco related laws on MMFN Land;

reduce negative perceptions of First Nations' manufacture and Distribution of Cannabis and Tobacco;

benefit from the Lands and resources ofMMFN; support, manage, and enhance community, economic, and socio-economic development;

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provide own-source and taxation revenues for fiscal self-sufficiency; facilitate trade between First Nations and other Indigenous peoples;

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(1)

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protect the jurisdictional integrity of MMFN by ensuring mutual respect and cooperation in relation to jurisdiction;

minimize addictions and the damaging health effects of Cannabis and Tobacco in the community; and

protect the overall well-being of our children and youth concerning Cannabis and Tobacco.

DEFINITIONS The following definitions apply in this Law: "Cannabis" means a Cannabis plant or any part or mixture of a Cannabis plant as defined in the Cannabis Act, S.C. 2018, c. 16;

"Commissioner" means a Person appointed by the Committee in accordance with Subsection 35.2 for the purpose of administrating the excise stamping scheme pursuant to Section 35;

"Committee" means the Madawaska Maliseet First Nation Cannabis and Tobacco Committee appointed pursuant to Subsection 10.1;

"Council" means the Chief and Council of the Madawaska Maliseet First Nation; "Distribute" or "Distribution" means administering, giving, transferring, transporting, sending, delivering, providing, or otherwise making available in any manner, whether directly or indirectly, and offering to Distribute;

"Inspector" means a Person appointed pursuant to Section 36 to carry out inspections in accordance with this Law;

"Land" or "Madawaska Maliseet First Nation Land" for the purposes of this Law, has the same meaning as set out in the Madawaska Maliseet First Nation Land Code;

"Land Law" means a law, including, but not limited to, regulations and standards restricted to Madawaska Maliseet First Nation Land, enacted in accordance with the Madawaska Maliseet First Nation Land Code;

"Law Enforcement" means the Person or Persons appointed by Council, from time to time, to administer and enforce the provisions of Madawaska Maliseet First Nation Land Laws enacted by Council and includes a Peace Officer and any delegate and any assisting personnel as required and requested by a Law Enforcement Officer or a Peace Officer;

"Licence" means a Licence issued pursuant to this Law;

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CERTiFl~D T~UECOPY'

"Licensee" means the holder of a Licence;

"Madawaska Maliseet First Nation" or "MMFN" means the Madawaska Maliseet First Nation and its Members;

"Member" means a Person whose name appears, or is entitled to appear, on the Madawaska Maliseet First Nation Membership List;

"Member Business Entity" means a business wholly owned by Madawaska Maliseet First Nation or a Member;

"Minor", for the purposes of this Law, means an individual less than nineteen (19) years of age;

"Notice" means a written communication issued in accordance with Section 38; "Peace Officer" has the same meaning as defined in the Criminal Code, RSC 1985, c C-46 [Criminal Code] and includes an officer appointed by Council to enforce the laws of Madawaska Maliseet First Nation;

"Permit" means a temporary Licence granted in accordance with Section 33; "Person" means a Non-Member or a Member of the Madawaska Maliseet First Nation, including any other entity having a separate personality or style for carrying out business recognized in law, such as a corporation of any type, partnership, society, or association whether or not incorporated;

"Personal Use" means non-commercial Possession and use by an individual for their own consumption;

"Possession", of Cannabis or Tobacco, means when a Person has it in their personal Possession or knowingly has it in the actual Possession or custody of another Person, or has it in any place, whether or not that place belongs to or is occupied by them, for the use or benefit of themself or of another Person. When two or more Persons, with the knowledge and consent of the rest, have Cannabis or Tobacco in their custody or Possession, it shall be deemed to be in the custody and Possession of each and all of them;

"Produce" means, in respect of Cannabis and Tobacco, to obtain Cannabis or Tobacco by any method or process, including by manufacturing, synthesis, altering its chemical or physical properties by any means, or cultivating, propagating, or harvesting it or any living thing from which it may be extracted or othe1wise obtained;

·'Retail" means the direct sale of Cannabis or Tobacco to the final consumer of the product rather than for resale or Distribution through a third-party service;

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"Retail Location" means a Retail facility located on MMFN Land that is operated by the holder of a Retail Licence and, for greater certainty, does not include a website for online sales;

"Sell" means to offer, expose for sale, and have in Possession for sale; and

"Tobacco" means any part of a Tobacco plant or other substance which contains nicotine. INTERPRETATION

Unless it is otherwise clear from the context, whenever the singular is used, it will include the plural, and the use of the plural includes the singular.

Unless it is otherwise clear from the context, the use of the word "including" means "including, but not limited to," and the use of the word "includes" means "includes, but is not limited to."

For greater certainty, the language of the Madawaska Maliseet First Nation Land Code may be used to clarify the meaning of any provision in this Law if the meaning of that provision is not otherwise clear in English or French.

If there is an inconsistency or conflict between this Law and the Madawaska Maliseet First Nation Land Code, the Land Code shall prevail to the extent of the inconsistency or conflict.

For the purposes of this Law, dried Cannabis, being any part of a Cannabis plant that has been subjected to a drying process other than seeds, is a class of Cannabis and the equivalent weight of different classes of Cannabis shall be determined in accordance with the following table:

Dried Cannabis Fresh Cannabis Solids containing Cannabis Non-solids containing Cannabis Cannabis solid concentrates Cannabis non-solid concentrates Cannabis plant seeds

1 g Sg

15 g 70 g 0.25 g 0.25 g l seed

For the purposes of this Law, a carton of cigarettes is a class of Tobacco and the equivalent of different classes of Tobacco shall be detennined in accordance with the following table:

Carton of Cigarettes 1 Cigarettes (Tobacco cylinders wrapped in non-Tobacco substance) 200 Loose Tobacco 200 g Pipe Tobacco 250 g Verified: L 10oJ6 PB DWB -U-

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SEVERABILITY

25 200 170 0 2400 m 0 nicotine

Should any section of this Law be declared by a court of competent jurisdiction to be ultra vires or illegal for any reason, the remaining parts shall nevertheless remain valid and binding and shall be read as if the offending section or pa1t has been struck and interpreted in a manner that upholds the spirit and intent of this Law.

AUTHORITY

PART II: REGULATORY AUTHORITY

This Law is enacted pursuant to the following authorities:

(a)

(b)

(c)

Section 7 "Law-Making Powers" of the Madawaska Maliseet First Nation Land Code as a Land Law of Madawaska Maliseet First Nation;

the Aboriginal and Treaty rights of Madawaska Maliseet First Nation, in particular the inherent right of self-government, as recognized and affirmed by Section 35 of the Constitution Act, I 982 (Canada);

the inherent right of economic self-determination of Madawaska Maliseet First Nation as recognized and affirmed by Articles 3 - 5, 20(1) of the United Nations Declaration on the Rights oflndigenous People.

PARAMOUNTCY OF LAW

This Law occupies the jurisdiction of Cannabis and Tobacco Licensing on Madawaska Maliseet First Nation Land.

This Law supersedes in jurisdiction and full application of its provisions where it relates to other jurisdictions' involvement to support and recognize the interests of MMFN on matters of Cannabis and Tobacco.

This Law is not dependent on the approval of any other governmental body or agency outside of MMFN but may serve as the basis for the harmonization of laws and regulations concerning Cannabis and Tobacco in other jurisdictions and for cooperation and mutual assistance between MMFN, other First Nations, and other regulatory and Law Enforcement agencies.

For greater certainty, a Licence issued by a regulatory authority other than MMFN, with respect to Cannabis or Tobacco, has no validity on MMFN Land unless the Licence

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bolder has also been authorized under this Law.

Permits and Licences issued pursuant to this Law do not authorize the holder to violate any other MMFN or federal laws. In the event of an inconsistency or vagueness in interpretation and application, Council will issue a statement clarifying the perceived or actual conflict and amend the laws as needed.

Council shall liaise regularly and cooperate with any appropriate agency within or outside MMFN in the application of this Law.

LEGAL DEFENCE OF REGULATORY REGIME MMFN shall defend itself, Council, the Committee, and any MMFN governmental agency recognized by Council, and shall be responsible for all reasonable costs, charges, expenses, damages, and other liabilities sustained or incurred by such bodies or Persons in connection with any action, suit, or other proceeding which is commenced against them if such action, suit, or other proceeding challenges the validity or enforceability of this Law, its regulations, or the right of MMFN to establish the Cannabis and Tobacco regulatory regime contemplated hereunder.

MMFN may defend any Person holding (in good standing) a Licence issued pursuant to this Law and may elect to be responsible for any reasonable costs, charges, expenses, damages, and other liabilities sustained or incurred by such bodies or Persons in connection with any action, suit, or other proceeding which is commenced against them if such action, suit, or other proceeding challenges the validity or enforceability of this Law, its regulations, or the right of MMFN to establish the Cannabis and Tobacco regulatory regime contemplated hereunder.

APPLICATION

PARTIII:GENERAL

This Law governs Cannabis and Tobacco on MMFN Lands, including, but not limited to its:

(a)

(b) (c)

(d) (e) (f)

imp01tation and exportation;

growth, cultivation, production, manufacturing, and processing; packaging and labelling;

transportation and storage; wholesale Distribution; Retail sale;

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(g) advertising, signage, and promotion; and (h) Possession, use, and consumption. This Law applies to: (a) all activities related to Cannabis and Tobacco within, into, and from MMFN Land; and

(b)

all Persons, organizations, and business entities situated or found on MMFN Land.

For greater certainty, possession of a license or other authorization under provincial or federal legislation does not exclude the application of this Law.

CANNABIS AND TOBACCO COMMITTEE Council shall appoint a Cannabis and Tobacco Committee to administer and oversee the application of this Law and its regulations.

The Cannabis and Tobacco Committee shall administer this Law and its regulations in the best interest of Madawaska Maliseet First Nation and in accordance with the principles of natural justice and procedural fairness.

In addition to any other duties and responsibilities that may be provided to it in this Law, the Cannabis and Tobacco Committee will make any decision and take any action as is necessary to fulfill the purposes of this Law.

ANCILLARY POWERS The Committee shall employ or engage such personnel, constmct or otherwise acquire such facilities, purchase or lease such equipment, enter into such other contracts or arrangements, and otherwise incur such expenses as may be necessary to carry out its functions and duties under this Law including as necessary to establish and operate the necessary facilities and to otherwise can-y out the functions contemplated herein.

The Committee may engage the services of Persons having technical or specialized knowledge to advise the Committee in respect of its powers, duties, or functions under this Law and fix their remuneration.

GENERAL PROIDBITIONS No Person shall engage in Cannabis or Tobacco activities on MMFN Land except as authorized by this Law, a regulation made pursuant to this Law, or subsequent laws duly passed by MMFN. Cannabis or Tobacco activities include, but are not limited to:

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(a) (b) (c)

(d ) (e) (t) (g)

(h) (i) G)

the Possession, use, and consumption of Cannabis or Tobacco; the importation and exportation of Cannabis or Tobacco; the cultivation, propagation, and harvesting of Cannabis or Tobacco;

the production, manufacturing, and processing of Cannabis or Tobacco; the alteration or synthetization of Cannabis or Tobacco; the packaging and labelling of Cannabis or Tobacco; the transportation and storage of Cannabis or Tobacco;

the Distribution and sale of Cannabis or Tobacco; the advertising and promotion of Cannabis or Tobacco;

the production, Distribution, or Possession of anything with the intention that it will be used for the above activities; and

(k) offering to do or the promotion of any of the above things. ·F or greater certainty, a licence issued by a regulatory authority outside of MMFN for application on MMFN Land has no validity within MMFN unless authorized by this Law.

No Minor shall be allowed to Produce, process, transp01t, Sell, purchase, use, or otherwise Possess or handle Cannabis or Tobacco on MMFN Land, and no Person shall

knowingly facilitate the Possession or handling of Cannabis or Tobacco by Minors, except for in accordance with Section 14.

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It is prohibited to:

(a) (b)

(c)

involve a Minor in the commission of any offence under this Law; aid or abet the commission of any offence under this Law;

Possess anything with the intention that it will be used in the commission of any offence under this Law; and

(d) knowingly Possess the proceeds of an offence under this Law. PERSONAL USE AUTHORIZATIONS

Persons who are not Minors may only use or conswne Cannabis and Tobacco on or in a property with the consent of the occupier being, as the case may be:

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l'ANN/\I31S AND TOl3ACl'O Ul'L:NSINCi LAW. 2023 ■ IAiihfii■·

the holder of a Certificate of Possession for the property; a tenant with a leasehold interest in the property;

(c) Council, as representatives ofMMFN, in respect to community Land; or ( d) a Person duly authorized to act on behalf of an occupier. Persons who are not Minors are authorized to Possess the following amounts of Cannabis for Personal Use on MMFN Land, excluding their residence:

(a) (b)

up to thirty (30) grams of dried Cannabis or its equivalent; and up to four (4) Cannabis plants;

except if exempted under Section 15.

Persons who are not Minors are authorized to Possess the following amounts of Cannabis for Personal Use in their residence on MMFN Land:

(a) a reasonable amount of dried Cannabis or its equivalent; and (b) up to four (4) Cannabis plants; except if exempted under Section 15.

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Persons who are not Minors are authorized to Possess Tobacco up to five (5) cartons of cigarettes or its equivalent for Personal Use on MMFN Land, excluding their residence.