The regulatory framework surrounding the legalization of recreational cannabis production and consumption are outlined in the Federal Cannabis Act of 2018.
In a nutshell, it boils down to this: the federal government controls who can produce cannabis through licensing; they share control of how production can occur with the provinces which oversee cannabis operations and control the distribution of the product; while municipalities control where production can take place through land use tools including Official Plans, zoning by-laws and site plan controls.
When cannabis production was legalized, the township chose to accommodate cannabis production in Urban Employment Zones only. Since then, the township has received a variety of inquiries from those wishing to establish commercially-licensed cannabis production facilities within the township. Some have gone so far as to acquire property and are developing business plans to support their potential business ventures, which could create local employment.
The township hired Meridian Consulting to aid in the development of a comprehensive policy supported by planning controls to establish an effective set of policies and regulations for licensed recreational cannabis production in the township. This requires amending the current Official Plan, Zoning By-Laws and Site Plan Controls that regulate the location of buildings, structures, parking and landscaping on approved properties. A further complication is that cannabis can be cultivated as an outdoor crop or inside a building, which pose different issues.
The consultants presented their recommendations at the January 24th Council meeting, which coincided with the second statutory public meeting on the topic.
At the policy level, Meridian recommended providing clear definitions of what constitutes a Cannabis Production Facility, as well as a requirement for additional studies investigating issues including Odour and light controls, water and waste water management to be included in the Official Plan. Zoning By-laws would remove the potential for outdoor cannabis cultivation from the Urban Employment Zone and permit it in agricultural, Oak Ridge’s Moraine, Rural and Rural Employment areas in the township. Cannabis that is cultivated outdoors is treated as a regular agricultural crop and is subject to all agricultural regulations. Production is subject to a minimum 300 meter distance separating it from sensitive land uses, which include residences, schools, parks, hospitals and long term care homes. It was recommended that outdoor cannabis cultivation remain at least 50 meters from the lot line, regardless of the neighbouring land use.
Indoor cultivation would only be permitted in Urban Employment, Rural Employment land use designations of the Official Plan. Among the other proposed regulations for indoor cultivation are restrictions that only a single license holder would be allowed to produce on each property, production may occur only in a new, purpose-built building and no outdoor signage would be permitted. In addition, no other businesses including tourism-related ventures would be permitted on the same property, and no accessory sale of related products would be allowed on site.
Executive Director of Planning and Development John Connolly suggested that the most effective way to manage indoor production facility requests at this time would be through a Zoning By-Law Amendment and Site Plan Control revision, rather than changing the Official Plan. This would allow the Township to deal with proposals on a case-by-case basis through the mandatory studies and mitigation measures required and would ensure the public had the opportunity to weigh in on all applications prior to Council decisions.
A final decision will be made in the coming months following a final report reflecting all feedback received on the issue. KG
