Business Licensing By-law
- Community members are invited to participate virtually in a Public Information Centre on January 27, 2021, to learn more about the proposed Business Licensing/Public Nuisance Proposed By-laws .
On Jan. 7, 2019, in a response to significant public concerns regarding cannabis operations within the Town, Council passed an Interim Control By-law to temporarily prohibit all development associated with cannabis cultivation and production. As per the Planning Act, this was undertaken to provide the Town with the opportunity to review and update its Zoning By-law and consider potential land use controls for development associated with cannabis cultivation and production. Since that time, based on research and extensive stakeholder and resident consultation, additional recommendations including cannabis cultivation business licensing, public nuisance, property standards and clean yards considerations have been identified. Further details regarding the comments received as part of the consultation is detailed in PD-19-20.
A draft Public Nuisance By-law was presented to Committee and Council in July 2020 (PD-11-20) to apply appropriate regulations for the cannabis cultivation industry and allow for the industry to operate in a manner that will assist in mitigating any potential impacts on neighbouring properties.
Draft Public Nuisance By-law
The Town has 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 are bringing forward this Draft Public Nuisance by-law as a means to assist residents in the common enjoyment of their property and to address concerns that are affecting some resident’s 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, email@example.com 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: firstname.lastname@example.org
- 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)
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