Cannabis & Zoning

COW Presentation to Council

Contents:
1. Background
2. 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?
 • April 13, 2017, Government of Canada introduced Bill
Background 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.
 7) The Province will be launching an early registration process for
individuals and businesses who are interested in applying for a
cannabis retail license.
Key Points Continued… 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?