Cow presentation to council cannabis & zoning, may 14, 2018 2

Cannabis & Zoning COW Presentation to Council

Contents: 1.

2.

Background Key Points From Provincial Government News Release 3. Key Points Continued…

4. What Does This Mean For Fort St. John?

5. How Can We Regulate This?

6. Why Do We Need To? 7. Why Are We Amending The PRRD’s Bylaw Too? 8. Request for Direction 9. What’s Next?

10. Public Engagement Opportunities 11. Questions?

Background

• • • • • • •

April 13, 2017, Government of Canada introduced Bill C-45 (Cannabis Act) November 2017, Health Canada releases consultation paper on proposed cannabis regulations January 8, 2018, Council authorizes staff to provide comment back to Health Canada on proposed regulations January 26, 2018, staff and Council attend “Local Government Workshop: Getting Ready for Cannabis in North East BC” January 31, 2018, staff attend “Cannabis Legalization and Regulation in BC: What Planners Need to Know” webinar February 5, 2018, Ministry of Public Safety and Solicitor General publish a news release outlining some of the Province’s proposed cannabis legislation April 26, 2018, Province of BC introduced Bill 30-2018 (Cannabis Control and Licensing Act) and Bill 31-2018 (Cannabis Distribution Act)

Key Points from the Ministry of Public Safety and Solicitor General’s news release: 1)

B.C.’s Liquor Distribution Branch (LDB) will operate a new standalone network of public retail stores.

2)

B.C.’s Liquor Control and Licensing Branch (LCLB) will be responsible for licensing private stores and monitoring the retail sector.

3)

The operating rules governing public and private retail stores will be similar to those currently in place for liquor (ie. you must be 19 years of age or older to purchase cannabis).

4)

Cannabis sales will not be permitted to be sold in the same stores as liquor or tobacco.

5)

Local governments will be able to impose setback requirements from schools, other cannabis retailers and other uses.

6)

In urban areas (ie. the City of Fort St. John), licensed retailers will only be permitted to sell cannabis and cannabis accessories, and will be prohibited from selling other products, such as food, gas, clothing and lottery.

Key Points Continued‌

7)

The Province will be launching an early registration process for individuals and businesses who are interested in applying for a cannabis retail license.

8)

Licenses will not be issued without the support of the Local Government.

9)

Local governments will be able to regulate the total number of cannabis stores within their jurisdiction.

10)

The Province is considering what security requirements will be necessary and local governments may choose to impose additional security requirements.

11)

Cannabis retail stores can operate between 9am to 11pm unless further restrictions are put in place by the local government.

12)

The Province of B.C. will generally allow adults to use non-medical cannabis in public spaces where tobacco smoking and vaping are permitted. However, smoking and vaping of non-medical cannabis will be banned in areas frequented by children, including community beaches, parks and playgrounds.

So What Does This Mean for Fort St. John?

• Upon legalization (July 1, 2018), the sale of cannabis will be considered the same as the sale of any other good or service (permitted through the zoning bylaw as “Retail Store”) • Currently “Retail Store” is a permitted use within the C-1, C-2, C-3, & C-4 Zones and the C-2 zone for those properties still zoned pursuant to PRRD Zoning Bylaw No. 1343, 2001

How Can We Regulate This?: • Staff are proposing a recommendation to prohibit the use of “Cannabis Operation” in all zones within the City until such time as public engagement is completed and a new report quantifying all data collected is prepared for Council’s consideration.

• Cannabis Operation is a new definition proposed as: the cultivating, growing, producing, packaging, storing, distributing, dispensing, advertising, trading or selling of cannabis or its derivatives but excludes a Medical Marihuana Production Facility*. *Medical Marihuana Production Facilities are regulated by the Federal Government and are a permitted use on agricultural properties within the Agricultural Land Reserve pursuant to Section 2 of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation

Why do we need to prohibit it now? • The Province has just released the proposed legislation as of April 26, 2018.

• Staff are recommending ample opportunity for public engagement to determine where our community would like to consider allowing cannabis operations. • Staff are anticipating that a Zoning Bylaw Amendment to consider permitting cannabis-related uses within the City will not be ready until after the proposed July 1, 2018 Federal legalization date.

Properties Zoned Under the PRRD’s Bylaw within the City • Properties from the Peace River Regional District were brought into the City’s boundary through a boundary extension in 2016 • Pursuant to Section 34 of the Local Government Act those properties remain under the PRRD’s Bylaws until such time as the City repeals them • To date the City has not yet repealed the PRRD Bylaws for those properties now within the City

• Section 34 of the LGA gives us the ability to amend the PRRD’s Bylaw for those properties that are now within the City’s boundary • If we do not amend the PRRD’s Bylaw for those properties, the prohibition of Cannabis Operations would not apply to them

Request for Direction Based on feedback from Council at the March 26, 2018 Regular Council Meeting, and a review of the proposed Provincial Cannabis Licensing and Control Act, staff have prepared this presentation and COW Report to Council to request direction in regards to the following items:

1) Does Council want staff to present recommendations on required setbacks from schools?

2) Does Council want staff to present recommendations on required setbacks from other Cannabis Operations?

3) Does Council want staff to present recommendations on required setbacks from other uses?

4) Does Council wish to regulate the total number of retail Cannabis Operations within the City?

5) Does Council wish to require additional security measures above what the Province may require?

6) Does Council support the standard operating hours of 9am to 11pm, or does Council wish to modify these hours?

What’s Next?

• Based on feedback received from Council today, staff will begin public engagement on Cannabis Operations within the City.

• A work plan outlining public consultation will be developed to ensure that there is early and ongoing public participation throughout this process.

• Once public engagement is complete staff will compile all data collected and prepare a Zoning Amendment Bylaw for Council’s consideration.

Public Engagement Opportunities: • Staff are proposing two (2) Open Houses to provide for public feedback on Cannabis Operations within the City • Staff are also proposing to prepare an online survey for the public to complete • Does Council wish to have more or alternative forms of public engagement (in addition to those proposed) for this topic?

Questions?