Public Nuisance By-law
The revised Public Nuisance By-law was approved by Town of Lincoln Council on April 19, 2021.
The revisions provide the application of the by-law regulations to a wide range of situations, while maintaining the integrity of the by-law. The revisions include changes to the sections related to Lighting and Odour:
- Sections 5-15 | Lighting: The general purpose of this section of this By-law is to prohibit and regulate Light Trespass Nuisances from one property to another.
- Sections 16-18 | Obnoxious Odours: The general purpose of this Obnoxious Odour Nuisance section of this By-law is to prohibit the emitting of obnoxious odours from one property to another, to reduce unwanted obnoxious odour and spill, and to prohibit and regulate odour nuisances.
The draft By-law was originally brought forward to Council in July 2020, and a public information session was held virtually on January 27, 2021. From this public consultation and upon further review, revisions have been made to the sections directly related to Odour and Lighting.
The Town received numerous complaints regarding odour coming from the production of cannabis operations on certain properties within the Town. Staff understand that these properties do hold medical cannabis licenses, and, in most cases, a single property may hold multiple cannabis licenses. This can lead to a property housing upwards of 1,500+ plants with little to no odour mitigation controls in place. Staff brought forward this Public Nuisance by-law as a means to assist residents in the common enjoyment of their property and to address concerns that may affect some residents' quality of life. Additional provisions and nuisance occurrence have been included in this by-law to provide the Town with a current system and regulation for specific acts that are commonly identified to be of a nuisance to the public.
- Under the Farming and Food Production Protection Act (FFPPA), farmers are protected from nuisance complaints made by neighbours, provided they are following normal farm practices
- No municipal by-law applies to restrict a normal farm practice carried on as part of an agricultural operation
- The Ontario Ministry of Agriculture, Food and Rural Affairs has established processes to deal with complaints and determine what are and what are not “normal farm practices”
To learn more visit the Normal Farm Practices Protection Board website
Legal Marijuana Growing Operations
- Licencing and compliance to regulations of these facilities is multi jurisdictional to include Health Canada and the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) - Environmental Management Branch. Complaints about odour or general inquiries about these operations should be directed to OMAFRA’s Agricultural Information Contact Centre, firstname.lastname@example.org or 1-877-424-1300.
- These facilities operate under different legislation than the legalization of marijuana for recreational use. It is the Access to Cannabis for Medical Purposes Regulations
- The Town’s current jurisdiction is property standards infractions, as per the municipal By-law.
- According to Health Canada, licenses are only issued once it has been determined that all information submitted demonstrates compliance with the Access to Cannabis for Medical Purposes Regulations (ACMPR) and the facility has been built. Each application undergoes a detailed assessment and review, including in-depth security checks undertaken by the RCMP.
- The authorized licensed producers are listed on Health Canada’s website
- Health Canada conducts compliance and monitoring activities of regulated parties to ensure compliance with the various regulations to the Controlled Drugs and Substances Act (CDSA). These activities include education, complaint investigations and inspecting licensed sites, or sites applying to be licensed to conduct regulated activities.
- Information about a producer’s requirements can be found on the Health Canada website
- Odour complaints should be directed to Health Canada's Cannabis Reporting Form
Information including the time, date, location, description of odour, and wind direction are helpful in supporting Health Canada with any follow-up that is conducted as a result
General inquiries about licensing should be sent to: email@example.com
- Public safety or illegal behaviour should be directed to Niagara Regional Police Services (NRPS)
- Property standards should be directed to the Town’s Municipal Law Enforcement
Legalization on Oct. 17, 2018, includes:
- personal recreational and medical use in public and private places
- personal growing (for recreational use)
- legal online sales (for recreational use)
- Date modified: