Cannabis Production and Processing Zoning

Update: Council approved the by-law to amend the Comprehensive Zoning By-Law as recommended in the staff report. A link to the staff report is here. A link to the by-law is here.

On September 22, 2020, County Council passed an interim control by-law that temporarily paused cannabis production across the municipality except at facilities that were already legally operating before the by-law was passed. Council directed staff to bring forward a report investigating the impacts of cannabis production and consider options to regulate such uses.

After undertaking further research, staff are now proposing to regulate these activities. The proposed by-law amends the County's comprehensive zoning by-law, which divides the municipality into different land use zones and specifies the permitted uses (e.g. commercial or residential) and the required standards (e.g. building size and location) in each zone.

The proposed amendments include:

• A definition of cannabis production and processing facilities,
• Provisions that regulate which zones cannabis production and processing facilities are permitted
• Setbacks from sensitive uses and site plan control requirements
• Criteria regulating odour, lighting, storage, and signage

The proposed zoning by-law amendment regulates cannabis production and processing facilities that are licensed by Health Canada. The proposed zoning by-law amendment does not regulate the practice of cultivating up to four plants on any property for personal consumption, which is permitted under the Cannabis Act.

There are two types of cannabis production licenses/certificates that are issued by Health Canada. One is a license for cannabis production intended for the commercial sale of cannabis medical or non-medical. These licenses require the owners of the facility to notify the Municipality, Fire Department and local Law Enforcement when applying for a license. As part of the licensing process with Health Canada they were required to have fencing, security and odour control measures. As well, they were required to notify the municipality which resulted in early consultation and successful inspections from PEC Fire and Rescue.

The other license is what is called a Registration Certificate, which allows for the growth of personal medical cannabis. Health Canada permits the holder of a Registration Certificate to have a third party grow cannabis for them, known as a Master Grower. Health Canada permits Master Growers up to four (4) Registration Certificates to be used at one property. There is a recent example in which a property in Prince Edward County had four (4) Registration Certificates each permitting 415 plants (1,660 plants total). Under the federal legislation, an individual or Master Grower with a Registration Certificate does not need to notify the Municipality, Fire Department or Law Enforcement, when applying for or upon receipt of a Registration Certificate. Similarly, there are no requirements from Health Canada for fencing, security, lighting and odour controls.

The proposed Zoning By-law Amendment includes a definition for cannabis production and processing which includes all licenses and certificates issued by Health Canada. Therefore, any individual with a Registration Certificate would be required to adhere to the proposed Zoning By-law, regardless of the federal legislation. The proposed Zoning By-law includes a requirement for cannabis production facilities to enter into a Site Plan Control Agreement with the Municipality. The Site Plan Control Agreement would review and regulate such matters as security, lighting and odour controls to ensure all cannabis production facilities are properly regulated.

We invite you to review the Proposed Zoning By-law Amendment and the other supporting documents located in the folder on this page. Please complete the survey below by 4 pm on Thursday, April 29 to help inform the proposed cannabis production and processing by-law.