This is the exact embedded text of the captured official document.
Snapshot 839a51f61895 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
VILLAGE OF HEISLER
BYLAW 515-18
WHEREAS A Bylaw of the Village of Heisler in the Province of Alberta, pursuant to the
provisions of the Municipal Government Act, being Chapter M-26 of the Statutes of Alberta
2000 and amendments thereto, to amend the Village of Heisler Land Use Bylaw #452-11.
WHEREAS copies of this Bylaw and related documents were made available for inspection by
the public at the Village office as required by the Municipal Government Act Revised Statutes of
Alberta 2000, Chapter M-26;
NOW THEREFORE, the Council of the Village of Heisler, duly assembled, enacts as follows:
1.
That the Land Use Bylaw #452-11, being the Land Use Bylaw of the Village of Heisler is
hereby amended.
2.
That Section 2. Definitions is hereby amended to add:
Cannabis means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant
seeds and any other substance defined as cannabis in the Cannabis Act (Canada) and it's
regulations, as amended from time to time and includes edible products that contain cannabis.
Cannabis Accessory means cannabis accessory including but not limited to, rolling paper or wraps,
holders, pipes, water pipes, bongs and vaporizers, or any other thing described in the Cannabis Act
(Canada) that is used in the consumption or production of cannabis."
Cannabis Lounge means a development where the primary purpose of the facility is the sale of
cannabis to the eligible public, for the consumption within the premises that is authorized by
provincial or federal legislation. This use does not include cannabis production and distribution;
Cannabis Production and Distribution Facility means a development used principally for one or
more of the following activities relating to cannabis:
(a)
The production, cultivation, and growth of cannabis;
(b)
The processing of raw materials
(c)
The making, testing, manufacturing, assembling, or in any way altering the chemical or
physical properties of semi-finished or finished cannabis goods or products
(d)
The storage or shipping of materials, goods or products, or;
(e)
The distribution and sale of materials, goods and products to cannabis retail sales
stores or to individual customers
Cannabis Retail Sales means a retail store licensed by the Province of Alberta where:
(f)
where cannabis is sold for consumption off the premises,
(g)
where consumption of cannabis must not occur, and
(h)
that may include the ancillary retail sale or rental of merchandise;
Head Shop means a retail outlet which specializes in drug paraphernalia related to consumption of
cannabis, other recreational drugs and new age herbs, as well as counterculture art, magazines,
music, clothing and home décor. This does not include cannabis retail sales or cannabis production
and distribution facility;
3.
That Section 12.1 Development Permits be amended to read:
A development permit does not come into effect until 21 days after the date of issue, and
if a person starts construction prior to that, he does so at his own risk because permit may
be overturned on appeal
4.
That 12. Decision Process - Development Authority shall be added:
12.
DECISION PROCESS - DEVELOPMENT AUTHORITY
12.1
In making a decision, the Development Authority may approve the application
unconditionally, approve the application subject to conditions, approve the application for a
limited period of time as specified in the approval, or refuse the application.
12.2
The Development Authority may require that as a condition of issuing a development
permit, the applicant enter into an agreement in accordance with Section 650 of the
Municipal Government Act to construct or pay for the construction of roads, pedestrian
walkways or parking areas which serve the development or which connect the walkway with
another walkway system that serves or is proposed to serve an adjacent development, to
install or pay for the installation of public utilities other than telecommunications systems or
works, to pay an off-site levy, and/or to give security to ensure that the terms of the
agreement are carried out.
12.3
In the case where a proposed specific use of land or a building is not provided for in any
District in the Bylaw, the Development Authority may determine that such use is similar in
character and purpose to the definition of a permitted or discretionary use prescribed for a
particular District.
12.4
The Development Authority may approve an application for a development permit for new
development or an application for a development permit that authorizes a non-conforming
building to be enlarged, added to, structurally altered even though the proposed
development does not comply with the regulations of this Bylaw, if, in the opinion of the
Development Authority:
(a)
the proposed development would not: (i) unduly interfere with the amenities of the
neighbourhood, or (ii) materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land, and
(b)
the proposed development conforms to the use prescribed for that land or building in
this Bylaw.
12.5
Upon receipt of an application, the Development Authority must review the application for
completeness within 20 days of the application being received. The Development Authority
shall provide the applicant either:
(a)
A complete certificate, if in the opinion of the Development Authority, the application
contains the information necessary to review the application;
(b)
An incomplete certificate if in the opinion of the Development Authority, the
application is incomplete. An incomplete certificate shall specify:
(i)
the additional information that the Development Authority will require in order
for the application to be considered complete;
(ii)
the deadline for submission of the additional information or at such other later
date as agreed between the applicant and the Development Authority; and
(iii)
any other information identified as being necessary by the Development
Authority
(c)
Applications that have been issued an incomplete certificate, will be
(i)
Issued a complete certificate shall be issued once the Development Authority
receives the necessary information.
(ii)
deemed refused if an applicant fails to submit all the outstanding items indicated
as being outstanding in the incomplete certificate by the deadline set in the
incomplete certificate, If an application is deemed refused the Development
Authority shall issue a Development Permit refusal. The refusal must give
reasons for the refusal.
(d)
Despite the issuance of a complete certificate or incomplete certificate, the
Development Authority may request additional information from the applicant if, in the
course of reviewing the application, the Development Authority determines that
additional information is necessary to review the application.
12.6
An application for a development permit shall, at the option of the applicant, be deemed to
be refused if a decision on the application is not made by the Development Authority within
forty (40) days after receipt of the complete application by the Development Authority. The
person claiming to be affected by the deemed refusal may appeal in writing as provided for
in Part 4 of this Bylaw as though he has received a refusal at the end of the forty (40) day
period. The Development Authority and the applicant, may in a written agreement extend
the 40 day period in which the Development Authority is to make a decision on the
application.
12.7
A Development Authority may suspend or revoke a development permit in writing to the
applicant at any time:
(a)
Where the permit was issued on the basis of incorrect information, fraud, non-
disclosure, or misrepresentation on the part of the applicant; or
(b)
Where the permit was issued in error.
12.8
If an application is made for a development that is identified as a temporary development in
a land use bylaw, the Development Authority:
(a)
May consider and approve a development for a specific period of time, not exceeding
one year;
(b)
Shall impose a condition on such a permit that the Village is not liable for any costs
involved in the cessation or removal of the development at the expiration of the time
period stated in the permit; and
(c)
May require the applicant to post acceptable security guaranteeing the cessation or
removal of the development. The amount of the security shall be the greater of 25% of
the value of the structure or $1,000.
5.
That Section 13. Decision Process - Subdivision Authority shall be added:
13.
DECISION PROCESS - SUBDIVISION AUTHORITY
13.1
Upon receipt of an application for subdivision, the Subdivision Authority must review the
application for completeness twenty (20) days of the application being received. The
Subdivision Authority shall provide the applicant either:
(a)
A complete certificate, if in the opinion of the Subdivision Authority, the application
contains the information necessary to review the application;
(b)
An incomplete certificate if in the opinion of the Subdivision Authority, the application
is incomplete. An incomplete certificate shall specify:
(i)
the additional information that the Subdivision Authority will require in order for
the application to be considered complete;
(ii)
the deadline for submission of the additional information or such other later date
as agreed between the applicant and the Subdivision Authority; and
(iii)
any other information identified as being necessary by the Subdivision Authority
(c)
Applications that have been issued an incomplete certificate, will be
(i)
Issued a complete certificate once the Subdivision Authority receives the
necessary information.
(ii)
deemed refused if an applicant fails to submit all the outstanding items indicated
as being outstanding in the incomplete certificate by the deadline set in the
incomplete certificate. If an application is deemed refused the Subdivision
Authority shall issue a notice to the applicant that the subdivision application has
been refused. The refusal must give reasons for the refusal.
(d)
Despite the issuance of a complete certificate or incomplete certificate, the Subdivision
Authority may request additional information from the applicant if, in the course of
reviewing the application, the Subdivision Authority determines that additional
information is necessary to review the application.
13.2
An application for a subdivision shall, at the option of the applicant, be deemed to be
refused if a decision on the application is not made by the Development Authority within
forty (40) days after receipt of the complete application by the Development Authority.
The person claiming to be affected by the deemed refusal may appeal in writing as
provided for in Part 4 of this Bylaw as though he has received a refusal at the end of the
forty (40) day period. The Development Authority and the applicant, may in a written
agreement extend the 40 day period in which the Development Authority is to make a
decision on the application.
6.
Schedule A, General Regulations shall be amended to add:
2.
CANNABIS PRODUCTION AND DISTRIBUTION FACILITY
2.1
Cannabis facilities must have a licence issued by the Health Canada.
2.2
The following regulations apply to cannabis facilities:
(a)
An ancillary building or structure used for security purposes may be located on the
parcel containing the use as an accessory building which meets the regulations of this
Land Use Bylaw.
(b)
Facilities must include equipment designed and intended to remove odours from the air
where it is discharged from the facility as part of a ventilation system.
(c)
Facilities must not be within 100 metres of a residential district measured from the
building containing the use to the nearest property line of a parcel designated as a
residential district.
2.3
An application for a Development Permit for Cannabis Production and Distribution Facility
requires a Development Permit shall be made to the Development Authority and shall
include reports prepared by the appropriate professionals for the following:
(a)
the incineration of waste products and air borne emission, including smell;
(b)
the quantity and characteristics of liquid and waste material discharged by the facility;
and
(c)
the method and location of collection and disposal of liquid and waste material.
(d)
Additional information as required by the Development Authority.
2.4
The operator of a Cannabis Production and Distribution Facility must ensure that nuisances,
including odour, are addressed to the satisfaction of the Development Authority.
3.
CANNABIS RETAIL SALES
3.1
Cannabis stores and where all cannabis that is offered for sale or sold must be from a
federally approved and licensed facility.
3.2
Cannabis stores must be licensed by the Alberta Government.
3.3
Cannabis stores must be a stand-alone use, which means it cannot be combined with
another use, such as a convenience store. However, cannabis stores can occur in a multi-
tenant building or as part of a mixed-use development.
3.4
The operator of a Cannabis Retail Sales must ensure that nuisances, including odour, are
addressed to the satisfaction of the Development Authority.
3.5
Cannabis stores shall not be located within 100 metres of any other Cannabis Store, when
measured from the closest point of a parcel of land containing a Cannabis Store to the
closest point of another parcel of land containing a Cannabis Store with the following
exceptions:
(a)
A proposed cannabis store is at the same location as an existing retail store that
currently sells cannabis-related paraphernalia as its main merchandise,
(b)
There is only one other cannabis store within the minimum separation distance,
(c)
A proposed cannabis store is located on a different street or on the opposite side of the
same street as the existing cannabis store,
(d)
A major road, expressway or river separates the proposed cannabis store from the
existing cannabis store,
(e)
A proposed cannabis store is located in an enclosed shopping centre, or
(f)
An existing approved cannabis store proposes to relocate to a new location within 100
metres of its original location, provided that it does not move within the separation
distance of a different cannabis store.
3.6
Cannabis stores shall not abut a Liquor Store.
3.7
Cannabis stores shall not be located within 100 metres of the following:
(a)
A building containing a public school, private school, or a boundary of the parcel of land
which the facility is located, or
(b)
All properties which are designated as School Reserve or municipal and school reserve
on the certificate of title.
(c)
A provincial health care facility, or a boundary of the parcel of land on which the facility
is located, or
(d)
Emergency shelter.
7.
Schedule B, Regulations For Land Use Districts shall be amended to add:
4.3
Cannabis Retail Sales
Head Shop
5.3
Cannabis Retail Sales
Head Shop
6.3
Cannabis Production and Distribution Facility
EFFECTIVE DATE, This Bylaw shall come into effect on the ____ day of _________, 2018, A.D.
Read a first time this ____ day of _________, 2018, A.D.
Read a second time this ____ day of _________, 2018, A.D.
Read a third time by unanimous consent of council and passed this ____ day of _________, 2018, A.D.
________________________
__________________________
Bonita Wood, Mayor
Heidi Rohe, Interim CAO