Acts and Regulations

2018-59 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2018-59
under the
Cannabis Management Corporation Act
(O.C. 2018-216)
Filed June 26, 2018
Under section 35 of the Cannabis Management Corporation Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation – Cannabis Management Corporation Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Cannabis Management Corporation Act.(Loi)
“cannabis extract” means cannabis extract as defined in the Cannabis Regulations under the Cannabis Act (Canada).(extrait de cannabis)
“cannabis oil” Repealed:  2019-41
“cannabis topical” means cannabis topical as defined in the Cannabis Regulations under the Cannabis Act (Canada).(cannabis pour usage topique)
“dried cannabis” means dried cannabis as defined under the Cannabis Act (Canada).(cannabis séché)
“edible cannabis” means edible cannabis as defined in the Cannabis Regulations under the Cannabis Act (Canada).(cannabis comestible)
“fresh cannabis” means fresh cannabis as defined in the Cannabis Regulations under the Cannabis Act (Canada).(cannabis frais)
“Fund” means the fund created under the Cannabis Education and Awareness Fund Act.(Fonds)
2019-41
Sale of cannabis
3For the purposes of paragraph 8(c) of the Act, the recreational use cannabis products and derivatives are
(a) dried cannabis,
(b) Repealed:  2019-41
(c) fresh cannabis,
(d) cannabis plants,
(e) cannabis plant seeds,
(f) cannabis extract,
(g) cannabis topical, and
(h) edible cannabis.
2019-41
Service agreements
4For the purposes of paragraph 8(d) of the Act, a service agreement shall contain
(a) recitals that specify the subject matter of the agreement,
(b) an interpretation provision, including definitions and rules of construction of the agreement,
(c) a description of the services to be offered and the deliverables to be produced by the service provider,
(d) a provision specifying the duration of the agreement,
(e) the business plan of the service provider,
(f) a statement of financial matters, including
(i) payments and invoicing,
(ii) all consideration offered or remuneration or commission to be paid, and
(iii) all fees that may be required by the Corporation or the Category 1 service provider, as the case may be;
(g) general assurances between the parties,
(h) a statement respecting confidentiality of information, including personal information,
(i) terms and conditions respecting subcontracting and contracts with third parties,
(j) a liability and indemnity clause,
(k) a provision concerning records, specifying the manner of keeping the records and retention periods for the purpose of ensuring access to the records,
(l) a dispute resolution clause,
(m) a statement respecting authorship and ownership of documents and intellectual property that arise from performance of the agreement,
(n) a clause specifying the obligations of the parties in the event of force majeure,
(o) provisions concerning early termination, specifying the means of terminating the agreement,
(p) a statement of the obligations of the service provider on termination or expiry of the agreement,
(q) general provisions to ensure administration of the agreement, and
(r) appendices if necessary.
2022, c.5, s.2
Fees or commissions
Repealed: 2022, c.5, s.2
2022, c.5, s.2
5Repealed: 2022, c.5, s.2
2022, c.5, s.2
Profits of the Corporation
6(1)For the purposes of section 20 of the Act, all revenues of the Corporation shall be deposited without delay to the credit of the Corporation in a chartered bank or other institution approved by the Minister.
6(2)The revenues under subsection (1) shall, after payment of sums required to meet the expenditures of the Corporation, be paid into the Consolidated Fund without delay.
2019, c.29, s.22; 2022, c.5, s.2
Payments to Fund
7For the purposes of section 21 of the Act, the Corporation shall pay the sum of $250,000 to the Fund each year.
N.B. This Regulation is consolidated to September 1, 2022.