Cannabis Production Facilities By-law (By-law 2019-099)
Barrie, Ontario
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By-law 2019-099
Cannabis Production Facilities By-law
A By-law of The Corporation of the City of Barrie to licence, regulate and
govern Cannabis Production Facilities within the municipality and to
repeal by-law 2015-058.
Disclaimer:
The following consolidation is an electronic reproduction made available for
information only. It is not an official version of the By-law. The format may be
different, and plans, pictures, other graphics or text may be missing or altered. The
City of Barrie does not warrant the accuracy of this electronic version.
This consolidation cannot be distributed or used for commercial purposes. It may
be used for other purposes, only if this disclaimer is repeated as well as the notice
of copyright.
Official versions of all By-laws can be obtained by contacting the Legislative and
Court Services Department at [email protected] or by phone 705-739-4220 ext.
5500.
This By-law printed under and by
the authority of the Council of the
City of Barrie
By-law 2019-099 Bill No. 099
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The Corporation of the City of Barrie
Cannabis Production Facilities
BY-LAW NUMBER 2019-099
A By-law of The Corporation of the City of Barrie to licence,
regulate and govern Cannabis Production Facilities within the
municipality and to repeal by-law 2015-058.
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25 ("The Municipal Act, 2001") provides
a municipality with the broad authority to pass by-laws necessary or desirable for municipal purposes;
AND WHEREAS Section 9 of the Municipal Act, 2001 provides that a municipality has the capacity,
rights, powers and privileges of a natural person for the purposes of exercising its authority under this or any
other Act;
AND WHEREAS Section 10 (2) of the Municipal Act, 2001 provides that a single-tier municipality
may pass by-laws respecting matters within the spheres of jurisdiction set out therein;
AND WHEREAS Section 128 of the Municipal Act, 2001 provides that a local municipality may
prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are
or could become or cause public nuisances;
AND WHEREAS Section151 of the Municipal Act, 2001 provides that without limiting sections 9, 10
and 11 of the Act, a municipality may provide for a system of license with respect to a business;
AND WHEREAS Section 391 (1) of the Municipal Act, 2001 provides that a municipality may impose
fees and charges on persons;
AND WHEREAS Section 436 of the Municipal Act, 2001 provides that a municipality may pass a by-
law providing that the municipality may enter on lands at any reasonable time for the purposes of carrying out
an inspection to determine whether a by-law of the municipality has been complied with;
AND WHEREAS pursuant to motion 15-G-130 the Council of The Corporation of the City of Barrie has
deemed it expedient to license, regulate and govern various businesses operating within the City of Barrie;
NOW THEREFORE, the Council of The Corporation of the City of Barrie enacts as follows:
1.0.0.0.0
DEFINITIONS
1.1.0.0.0
For the purpose of this by-law:
1.1.1.0.0
ADDITIONAL FEE - means a fee, in addition to the licence fee, imposed by the City on a
Licensee at any time during the term of the Licence for costs incurred by the City attributable
to the activities of a Cannabis Production Facility.
1.1.2.0.0
APPLICANT - means a person who is required to be licensed pursuant to this by-law or who
has made application for a licence to the Issuer of Licences and shall include both new and
renewal applications.
1.1.3.0.0
APPROPRIATE AUTHORITY HAVING JURISDICTION - means:
a) with regard to building matters, the Chief Building Official for the City, or his designate(s);
and,
b) with regard to Fire safety matters, the Chief Fire Official for the City, or his designate(s).
1.1.4.0.0
BUSINESS LICENSING APPEAL COMMITTEE - means a quasi-judicial body that
operates independently of the licensing and enforcement functions performed by By-law
Services of the City of Barrie and shall be a committee of citizens appointed by Council
from time to time.
1.1.5.0.0
BY-LAW - means any by-law passed by Council.
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1.1.6.0.0
CANNABIS PRODUCTION FACILITY - means a wholly enclosed building, structure or part
thereof, used to possess, produce, sell, provide, ship, deliver, transport or destroy marihuana
or cannabis by a Licensed Producer authorized by Health Canada through the applicable
Federal legislation. This shall also include but not be limited to any facility that requires a
Health Canada licence in connection with or as part of, the production of Cannabis such as
micro-cultivation, cultivation licences and licences for research
1.1.7.0.0
CHIEF BUILDING OFFICIAL - means the person who may, from time to time, be appointed
by Council to the position of Chief Building Official in conformity with the provisions of the
Building Code Act, .S.O. 1992, c. 23, as amended, or his designate.
1.1.8.0.0
CHIEF FIRE OFFICIAL - means the person who may, from time to time, be appointed by
Council to the position of Chief of Barrie's Fire and Emergency Service or his designate.
1.1.9.0.0
CHIEF OF POLICE - means the person who may from time to time, be appointed by the
Barrie Police Services Board to the position of Chief of Police of the Barrie Police Service.
1.1.10.0.0
CITY - means The Corporation of the City of Barrie
1.1.11.0.0
CITY EMPLOYEE - means an officer, servant or other employee of the City, but does not
include:
a) a member of Council;
b) a Council appointee to a local board and whose remuneration from the City results from
his/her membership on such local board or other body;
c) an employee of a local board or other body; or,
d) a municipal auditor.
1.1.12.0.0
CLERK - means the Clerk of the City or his designate.
1.1.13.0.0
COUNCIL - means the Council of The Corporation of the City of Barrie.
1.1.14.0.0
FEES BY-LAW - means a by-law passed by the City to establish fees and charges enacted
by the City from time to time.
1.1.15.0.0
FIRE PREVENTION OFFICER - means the person who is appointed Fire Prevention Officer
under the provisions of the City by-law which governs and regulates the Fire and Emergency
Services Department of the City.
1.1.16.0.0
GENERAL INSPECTION REPORT - means a confirmation document issued by the Electrical
Safety Authority to an Applicant that there are no electrical defects identified in the Premises
or that all electrical defects have been corrected.
1.1.17.0.0
ISSUER OF LICENCES - means a person appointed to the position of Manager of
Enforcement Services or Supervisor of Enforcement Services with the City from time to time.
1.1.18.0.0
LICENCE - means a City of Barrie Business Licence issued pursuant to this by-law.
1.1.19.0.0
LICENSEE - means a person who has been issued a licence pursuant to this by-law either in
the current calendar year or in a previous calendar year and shall include an Applicant.
1.1.20.0.0
MAINTAIN - means to be in charge of, or have control of the operation of a business, and
shall include the operation of a vehicle.
1.1.21.0.0
MANUFACTURING AND PROCESSING - means a building or part of a building in which the
process of producing or assembling a product by hand or mechanical power and machinery
is carried on.
1.1.22.0.0
MARIHUANA or CANNABIS - shall be considered interchangeable terms and means the
substance referred to as "Cannabis (marihuana)" in the Controlled Drugs and Substances Act,
S.C. 1996, c. 19.
1.1.23.0.0
MONTH - means calendar month.
1.1.24.0.0
MUNICIPAL LAW ENFORCEMENT OFFICER - means a person appointed under the
authority of the Police Services Act for the purpose of enforcing City by-laws.
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1.1.25.0.0
NOTICE OF ADDITIONAL FEE - means a written notice from the Issuer of Licences or his
designate to a licensee advising them of their requirement to pay an Additional Fee pursuant
to the Fee's By-law.
1.1.26.0.0
NUISANCE - means any activity or action which disturbs or is likely to disturb any individual
1.1.27.0.0
OFFICER - means a Municipal Law Enforcement Officer or other law enforcement officer as
appointed by the Council of The Corporation of the City of Barrie, the Barrie Police Service, or
a Provincial Offences Officer.
1.1.28.0.0
OPERATE - means to manage, work, control, maintain, put or keep in a functional state any
business.
1.1.29.0.0
OWNER - means the registered owner of the lands and premises or the person or his
authorized agent in lawful control of the premises, building or occupancy and who permits the
operation or maintenance of any business.
1.1.30.0.0
PERSON - includes any individual, corporation, partnership, company, association or party
and the heirs, executors, administrators, or other legal representative of such person, to whom
the context can apply according to law; shall include any group of persons comprising a
society or other organization and shall include the plural wherein the context requires.
Wherever the word "he" or "him" is used, it shall mean and include the feminine or neuter
gender wherever the context so requires.
1.1.31.0.0
PREMISE - means land, including any and all buildings or other structures thereon and
includes any vehicle or conveyance used in the operation of the business.
1.1.32.0.0
RESPONSIBLE PERSON IN CHARGE - shall be defined as set out in Cannabis Act as
amended from time to time or his designate.
1.1.33.0.0 SHALL - is mandatory and not directory.
1.1.34.0.0
ZONING CERTIFICATE - means a certificate duly issued by the City approving the use for
which the Licence application has been made on the property where the business is located,
in accordance with the City's Zoning By-law as amended from time to time.
2.0.0.0.0
GENERAL PROVISIONS
2.1.0.0.0
REQUIREMENT TO OBTAIN A BUSINESS LICENSE
2.1.1.0.0
Every person carrying on, conducting, operating, maintaining, keeping or engaging in any
Cannabis Production Facility shall be required to obtain a City of Barrie Business Licence from
the Issuer of Licences.
2.2.0.0.0
APPLICATION FOR NEW LICENCE
2.2.1.0.0
Any person required to obtain a licence pursuant to this by-law shall apply in writing on the
appropriate application form as provided by the Issuer of Licences and shall deposit, at the
time of application, with the Issuer of Licenses, all required Business Licence Fees as set out
in the Fees By-law for each business category as well as any required approvals, inspections
or documentation required by the provisions of this by-law or as deemed necessary by the
Issuer of Licenses.
2.2.2.0.0
The Issuer of Licences shall not issue a licence until:
a) all required approvals and inspections have been obtained by the applicant;
b) the required documentation has been provided; and
c) the business licence fees have been paid in full.
2.2.3.0.0
There shall be a separate application for each premise to be used or person to be licensed.
2.2.4.0.0
The applicant shall comply with any and all requirements as set out in this by-law as well as
any other provisions which may govern the business, place or premise used in the carrying
on of the business and/or the persons carrying on the business or engaged in it and to which
the application pertains.
2.2.5.0.0
The Issuer of Licences, upon receipt of the application for a licence may make, cause to be
made, or request, any additional documents, investigations or inspections to be made in
respect of such application for a licence as the Issuer of Licences deems appropriate or in the
interest of the general public, and any costs incurred for such inspection or documents shall
be at the applicant's expense.
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2.2.6.0.0
The applicant shall be responsible for obtaining all necessary inspections, documents and
approvals as set out in this by-law, as set out on the application form and as deemed
necessary by the Issuer of Licences.
2.2.7.0.0
Upon receipt of a completed application for a licence and the appropriate fees for a licence
have been paid, the Issuer of Licences may, prior to the issuance of any such licence:
a) make any inquiries to any municipal official or employee who has carried out inspections
relative to the business under application;
b) receive reports from such municipal officials and employees as may be deemed
necessary; and,
c) inquire into all relevant matters in order to ascertain if the applicant is entitled to a licence
under the provisions of this by-law.
2.2.8.0.0
Upon being satisfied that the applicant is entitled to obtain a licence under the provisions of
this by-law, the Issuer of Licences shall prepare and issue a licence to the said applicant.
2.2.9.0.0
Except as may otherwise be specified within this by-law or specified as a Special Condition
as authorized by this by-law, every licence shall expire one year from the date it was issued.
2.3.0.0.0
APPLICATION FOR RENEWAL LICENCE
2.3.1.0.0
Any person required to renew a licence previously granted under this by-law, shall submit to
the Issuer of Licences, an application form for renewal of the licence as provided by the Issuer
of Licences. Every applicant shall obtain any and all inspections, approvals and
documentation as required by this by-law or as deemed necessary by the Issuer of Licences.
2.3.2.0.0
The Issuer of Licences shall not issue a licence until all required approvals and inspections
have been obtained by the applicant, required documentation has been provided, business
licence fees have been paid in full, and all taxes are paid up to the City of Barrie.
2.3.3.0.0
Where the Issuer of Licences receives an application for renewal of a licence previously
granted under this by-law and the appropriate fees have been paid, he shall, prior to the
issuance of any such licence:
a) make any inquiries to any municipal official or employee who has carried out inspections
or investigations relative to the business under application;
b) receive reports from such municipal officials and employees as may be deemed
necessary;
c) make inquiries into all relevant matters in order to ascertain if the applicant is entitled to
obtain a renewed licence under the provisions of this by-law;
d) ensure that all inspections, approvals and documents as may be required have been
obtained; and
e) inquire into any and all relevant changes in circumstances since the previous licence was
issued to the applicant.
2.3.4.0.0
There shall be a separate application for each premise to be used or person to be licensed.
2.3.5.0.0
Where the Issuer of Licenses is satisfied that the applicant is entitled to obtain a licence under
the provisions of this by-law, the Issuer of Licences shall prepare and issue a licence to the
said applicant.
2.4.0.0.0
FORM OF LICENCE
2.4.1.0.0
Every licence shall show therein:
a) the operating name of the business or person to whom the licence is issued;
b) the operating address of the premise or location for which the licence is issued;
c) the category or type of licence granted;
d) the date of issue;
e) the effective date of the licence;
f)
the date of expiration; and
g) shall be signed by the Issuer of Licences or his designate.
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2.5.0.0.0
ADMINISTRATION FEE
An administration fee as set out in the Fee's By-law will apply to the following:
Duplicate Licenses:
2.5.1.0.0
In the event that a licence issued under this by-law is lost or destroyed, the Issuer of Licences
upon satisfactory proof of such loss or destruction, and upon payment of a replacement fee,
the Issuer of Licenses shall issue a duplicate of the original licence, upon which shall be
stamped or marked the word "DUPLICATE".
Change of Name:
2.5.2.0.0
Where ownership of a business is not changed or affected but the operating name of a
business changes, the licensee shall immediately notify the Issuer of Licences and upon
payment of a fee and being satisfied that there have been no other changes in the
circumstances of the licensed business, the Issuer of Licences may issue a replacement of
the original licence. The licensee shall return and surrender his original licence in order to
affect such a change.
2.6.0.0.0
CHANGE OF OWNERSHIP:
2.6.1.0.0
Every licensee shall, upon change of ownership of the licensed business return and surrender
his current licence to the Issuer of Licences. The new owner shall make application for a new
licence as set out in this by-law.
2.7.0.0.0
CHANGE OF PREMISE OR LOCATION
2.7.1.0.0
Where a currently licensed business changes location or premise, such new location or
premise shall not be deemed to be licensed. The applicant must immediately make
application for a new licence under the provisions of this by-law and shall surrender to the
Issuer of Licences the licence issued in respect of his previous location or premise.
2.8.0.0.0
LICENCES PERSONAL
2.8.1.0.0
No person shall enjoy a vested or property right in any licence or the continuance of any
licence and such licence and such rights shall remain the property of the City.
2.8.2.0.0
Licenses are not transferable.
2.9.0.0.0
NUISANCE ABATEMENT
2.9.1.0.0
Every person required to be licensed under this by-law, in addition to any other provisions or
requirements expressed elsewhere in the by-law, shall:
a) at all times maintain and keep safe and clean and in good condition and repair any place
or premise for which the licence is issued;
b) not breach or violate or cause, suffer, or permit any breach or violation of any by-law of
the Corporation or of any Local Board, thereof, or of any statute, Order-in-Council, or
Regulation of the Legislature of the Province of Ontario or the Parliament of Canada or of
any Agency, Board or Commission thereof, in, upon, or in connection with the business
or premise for, or in relation to which such licence was issued;
c) not cause, suffer or commit any nuisance to arise in, on, or in connection with the place
or premise for which the licence was issued;
d) not cause, suffer or permit any shouting, noise or other disturbance on, in or in connection
with the place or premise for which the licence was issued, which is unnecessary,
unreasonable or contrary to any municipal by-law prohibiting the same; and if any such
shouting, noise or other disturbance occurs, the licensee shall immediately take steps to
cause the same to be abated;
e) not cause, suffer, or permit any obstruction on any highway, lane or public place in front
of or adjoining the place or premise for which the licence was issued; and
f)
not cause, suffer or permit any profane, offensive or abusive language or disorderly
conduct in, on, or in connection with any place or premise for which the licence was
issued.
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2.9.2.0.0
Every person who acquires a licence that is issued under this by-law is responsible for the
due performance and observance of all the provisions of this by-law by himself and by his
employees and all other persons in or upon the premise which is licensed under the provisions
of this by-law.
2.10.0.0.0
INSPECTION
2.10.1.0.0
An Officer as defined by this by-law or other duly appointed individual may at all reasonable
times, inspect or cause to be inspected the premise, facilities, equipment, vehicles, and other
property used or kept for hire in connection with the carrying on of a business which is licensed
or which is required to be licensed pursuant to this by-law.
2.10.2.0.0
Upon inspection, every person shall produce all relevant licences and permits, invoices,
vouchers or like documents and all documents required to be kept and maintained under this
by-law which may be removed by an Officer for the purpose of photocopying and such
documents shall be returned to the premise within forty-eight (48) hours of removal.
2.10.3.0.0
The Issuer of Licences may waive the requirement for any inspection, approval or
documentation as may be required pursuant to this by-law where such inspection, approval
or documentation is not applicable to the carrying on of the business which is licensed or
required to be licensed under this by-law.
2.11.0.0.0
POSTING OF LICENCE
2.11.1.0.0
The person to whom a licence is issued shall post the current licence on the premise or that
part thereof to which the licence pertains in such a position that may be readily seen and read
by persons entering the premise. All licences issued under this by-law shall be prominently
and conspicuously posted on the licensed premise at all times.
2.12.0.0.0
REFUSAL TO GRANT A LICENCE
2.12.1.0.0
The Issuer of Licences may refuse to grant or issue a licence to any applicant who:
a) has past breaches of this by-law;
b) has failed to comply with the requirements of this by-law or other applicable by-laws of
the City or of any Local Board thereof, or of any Statue, Order-in-Council, or Regulation
of the Provincial Legislature or the Parliament of Canada, or of any Agency, Board of
Commission thereof, in, upon or in connection with the applied for licensed activity of the
business or premise, facilities, equipment, vehicles and other property used or kept for
hire in connection with the licence activity; or
c) has outstanding taxes owing to the City of Barrie; or
d) has a tenant with outstanding taxes owing to the City of Barrie; or
e) has any outstanding fines imposed under the Provincial Offences Act for the contravention
of any provision of this by-law or any other municipal by-law or Provincial statute where
such fine is associated with an offence arising out of the conduct, operation or activity
within or in conjunction with such business.
2.12.2.0.0
The Issuer of Licences may also refuse to grant or issue a licence to any applicant where the
Issuer of Licences believes it is not in the public interest to do so.
2.13.0.0.0
SUSPENSION/REVOCATION
2.13.1.0.0
The Issuer of Licences may suspend or revoke a licence issued to any licensee who:
a) has past breaches of this by-law; or
b) has failed to comply with the requirements of this by-law or other applicable by-laws of
the City or of any Local Board thereof, or of any Statue, Order-in-Council, or Regulation
of the Provincial Legislature or the Parliament of Canada, or of any Agency, Board of
Commission thereof, in, upon or in connection with the applied for licensed activity of the
business or premise, facilities, equipment, vehicles and other property used or kept for
hire in connection with the licence activity; or
c) has outstanding taxes owing to the City of Barrie; or
d) has a tenant with outstanding taxes owing to the City of Barrie; or
e) has any outstanding fines imposed under the Provincial Offences Act for the contravention
of any provision of this by-law or any other municipal by-law or Provincial statute where
such fine is associated with an offence arising out of the conduct, operation or activity
within or in conjunction with such business.
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2.13.2.0.0
The Issuer of Licences may also suspend or revoke any licence issued to any applicant where
the Issuer of Licences believes it is in the public interest to do so.
2.13.3.0.0
Any suspension of a licence may be subject to such terms and conditions as the Issuer of
Licences may prescribe.
2.14.0.0.0
NOTICE AND APPEAL
2.14.1.0.0
Where the Issuer of Licences refuses to issue, suspends, or revokes a licence the Issuer of
Licences shall notify the applicant or licensee in writing of such decision and the said notice
shall set out the grounds upon which the licence is refused, suspended or revoked and shall
state that the Applicant or Licensee may appeal such decision by filing an appeal with the
Clerk of the municipality in writing within fifteen (15) days as set out in this by-law.
2.14.2.0.0
Where the Issuer of Licences refuses to issues, suspends or revokes a licence under this by-
law, the Applicant or Licensee may appeal the decision to the Business Licensing Appeal
Committee by filing with the Clerk, an appeal in writing of the said decision within fifteen (15)
days of the date of mailing of the decision of the Issuer of Licences.
2.14.3.0.0
The Business Licensing Appeal Committee may, after the appropriate hearing is conducted,
grant a licence, refuse a licence, revoke a licence, or suspend a licence and such decision
may be subject to such terms as the Business Licensing Appeal Committee may impose and
the decision of the Business Licensing Appeal Committee shall be final and binding upon any
applicant or licensee.
2.14.4.0.0
The Business Licensing Appeal Committee, in considering whether or not to grant a licence,
refuse a licence, revoke a licence, or suspend a licence shall have regard for the following:
a) whether or not the Applicant or Licensee and the premises, facilities, equipment, vehicles
or other personal property used or kept for hire in connection with the carrying of a
business which is licensed or which is required to be licensed pursuant to this by-law
complies with all requirements of this by-law;
b) whether or not the Applicant or Licensee has failed to promptly remedy any reasonable
concern with regard to those matters set out in this by-law;
c) whether or not the Applicant or Licenses has committed past breaches of this by-law;
d) whether or not the Applicant or Licensee has failed to comply with any requirements of
any other applicable by-law of the City or any Local Board thereof or of any statute, Order-
in-Council, or Regulation of the Provincial Legislation or the Parliament of Canada, or of
any Agency, Board or Commission thereof, in, upon or in connection with the activity or
the premise, facilities, equipment, vehicles and other property used or kept for hire in
connection with the licensed activity or activity required to be licensed; and
e) whether or not the Applicant or Licensee or his tenant has any outstanding taxes owing
to the City in respect of the business or premises in question.
2.14.5.0.0
Where an appeal is received, the Clerk shall fix a date and time for such matter to be
considered by the Business Licensing Appeal Committee and shall mail a Notice of Hearing
to the Applicant or Licensee (at his last address as shown in the records of the Issuer of
Licences) and to any person who has applied to be heard with regard to the matter.
2.14.6.0.0
Such Notice of Hearing shall be mailed at least fifteen (15) days prior to the date and time
fixed for such hearing.
2.14.7.0.0
At such hearing the Business Licensing Appeal Committee shall receive a report, either
verbally, or in writing, from the Issuer or Licences and from such other officers or employees
of the Corporation who may be involved in the matter being considered by the Business
Licensing Appeal Committee.
2.14.8.0.0
At the hearing before the Business Licensing Appeal Committee, the Applicant or Licensee,
either personally or through his agent or solicitor shall be afforded the opportunity to present
such material and evidence relevant to the issue before the Committee as he may deem
appropriate and he may ask questions of any person presenting evidence or a report to the
Business Licensing Appeal Committee relevant to the said issues.
2.14.9.0.0
For the purpose of this by-law, a quorum of the Business Licensing Appeal Committee shall
be a majority of the members of the Committee and a decision by the majority of members
present shall be the decision of the Committee.
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2.14.10.0.0
The Business Licensing Appeal Committee may, after having heard all of the evidence and
submissions made to it by the Applicant or Licensee, and the Issuer of Licences re-convene
In-Camera to debate the matter and to reach its decision.
2.14.11.0.0
The decision made by the Business Licensing Appeal Committee to issue a licence, reinstate
a licence, refuse to issue a licence, revoke a licence or suspend a licence may be subject to
such terms as the Business Licensing Appeal Committee shall impose and the decision of the
Business Licensing Appeal Committee shall be final and the decision binding on the Applicant
or Licensee.
2.14.12.0.0
Every person engaging in the business, for which he is required to be licensed by the
provisions of this by-law, shall be responsible to comply with all of the provisions of this by-
law with respect to the business.
2.15.0.0.0
ENFORCEMENT
2.15.1.0.0
An Officer as defined by this by-law or other duly appointed individual shall enforce the
provisions of this by-law.
2.15.2.0.0
No person shall obstruct, hinder, or otherwise interfere with an Officer or other duly appointed
individual in the lawful carrying out of their duties and responsibilities under the provisions of
this by-law.
2.15.3.0.0
Where a Licensee contravenes any provision of this by-law, an Officer may:
a) Serve a written Notice on the Licensee or person in charge at the time, advising of the
contravention and directing compliance; or
b) In addition to a written notice, if deemed appropriate, the Officer may also assign the
appropriate Service fee associated with such violation or notice as set out in the Fees By-
law as amended from time to time.
2.16.0.0.0
NOTICE
2.16.1.0.0
Any notice required to be given or served under this by-law shall be considered given or
served, if delivered personally or sent by registered mail, addressed to the Person to whom
delivery or service is required to be made at the last known address appearing on the records
of the Issuer of Licences .
2.16.2.0.0
When service is made by registered mail, the service shall be deemed to be effected on the
seventh (7th) day after the date provided on the letter, unless the Person on whom services is
being made establishes that he did not, acting in good faith, through absence, accident, illness,
or other cause beyond his control, receive the notice until a later date
2.17.0.0.0
REGISTRY
2.17.1.0.0
The Issuer of Licences shall keep a licence register in which shall be recorded the full
operating name and address of each licensee, the address of the place or premise in which
the licensee carries on, conducts, operates, maintains, keeps, or engages in the business,
trade, occupation for which the licence was issued, the number of the licence, the date of
issue, the amount of the licence fee paid, the date of expiry of the licence, the type of licence
issued, and any other particulars or observations pertaining to the same which are useful or
necessary.
2.18.0.0.0
FEES AND INSPECTIONS
2.18.1.0.0
Table 1 hereunder sets out the inspections, approvals and documentation required to
accompany any application.
2.18.2.0.0
Notwithstanding any licence fee to be paid by any applicant as set out in the Fees By-law, a
late application fee as set out in the Fees By-law shall also apply to any application received
by the City after the due date established for obtaining such licence. Incomplete applications
shall be considered not to have been received and may be returned to the applicant or held
pending further information. In any case where the application remains incomplete after the
date established for obtaining such licence, the late application fee shall apply.
2.18.3.0.0
All fees associated with an application to obtain a new licence or an application to renew an
existing licence shall be calculated based on the date in which the application is submitted.
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2.19.0.0.0
SCOPE AND AUTHORITY
2.19.1.0.0
Where a matter is subject to provincial or federal regulation, any provision of this by-law is
without effect to the extent that it prohibits or regulates the matter in substantially the same
way as or in a more restrictive way than the provincial or federal regulation.
2.20.0.0.0
EXPIRY OF LICENCE
2.20.1.0.0
The date of expiry shall be one year from date of issue unless otherwise specified on the
license and each renewal of licence shall, thereafter, expire on such date in each subsequent
year.
TABLE 1
Category
INSPECTIONS/APPROVALS
Cannabis Production
Facility
Copy of Commercial Liability Insurance Certificate - $2,000,000
Copy of the Licence to Produce Cannabis issued by Health Canada to
the applicant
Copy of Incorporation documents if the Licensed Producer is a
corporation
Copy of Registration declaration of partnership (if applicable)
Planning Services - Zoning Certificate
Detailed site plan
Detailed floor plan of all buildings
Barrie Fire and Emergency Services Inspection Certificate
Electrical Safety Authority Inspection Report
Property Standards Officer Inspection Report
Copy of Building Permit issued (if applicable)
3.0.0.0.0
CANNABIS PRODUCTION FACILITY
Authority: Municipal Act, S.O. 2001, c.25
3.1.0.0.0
OPERATING CRITERIA
3.1.1.0.0
The applicant shall provide to the Issuer of Licences at the time of application the certificates,
reports, documents, licences and information identified in Table 1 and as described herein.
3.1.2.0.0
The applicant shall provide to the Issuer of Licences at the time of application, proof of
commercial liability insurance in the minimum amount of $2,000,000, naming the City as an
additional Insured.
3.1.3.0.0
All insurance required under the provisions of this by-law shall be provided at the time of
application in a form acceptable to the City and in the amount as specified pursuant to the
applicable sections of this by-law unless otherwise approved or required by Council. Where
applicable, Certificates of Insurance shall name The Corporation of the City of Barrie as an
additional insured. Further, any liability insurance shall contain an endorsement specifying
that the municipality shall be given thirty (30) days written notice of any cancellation, expiration
or change in the policy.
3.1.4.0.0
If for any reason such liability insurance is cancelled, expires or for any other reason does not
remain in effect, the licence for which the insurance was required shall become void on the
final date for which the insurance was valid.
3.1.5.0.0
The applicant shall submit a copy of a valid Producer's Licence issued by Health Canada to
the Issuer of Licences at the time of application and shall adhere to all regulations or conditions
set out by Health Canada at all times.
3.1.6.0.0
Where the Producer's Licence issued by Health Canada has been issued to a person the
applicant shall at the time of application submit the name and contact information of the person
to which the Producer's Licence was issued.
3.1.7.0.0
Where the Producer's Licence issued by Health Canada has been issued to a corporation the
applicant shall at the time of application submit the name and contact information of each of
its officers and directors. In addition, the application shall reflect the registered name of the
business and the operating name under which they intend to conduct activities.
3.1.8.0.0
The applicant shall provide the name and contact information of the Responsible Person in
Charge.
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3.1.9.0.0
The applicant shall submit a copy of the Zoning Certificate issued by the City's Planning
Services Department confirming the proposed uses of the property comply with the municipal
Zoning By-law and all related development standards.
3.1.10.0.0.
The applicant shall submit a detailed site plan of the site and a building floor plan for each of
the buildings within the site at which the licensed activities will be conducted.
3.1.11.0.0
The applicant shall submit a copy of a Fire Inspection Report from Barrie Fire and Emergency
Services, which states that an inspection has been conducted of the premises and confirms
that the premises is in compliance with all applicable legislation. Such report must be dated
within ninety (90) days from the date the application is submitted to the Issuer of Licences.
3.1.12.0.0
The applicant shall submit a copy of the General Inspection Report issued by the Electrical
Safety Authority which certifies that an inspection has been conducted on the premises and
confirms that there are no visible fire, shock or electrical safety hazards and that the premises
is in compliance with all applicable legislation. Such report must be dated within ninety (90)
days from the date the application is submitted to the Issuer of Licences.
3.1.13.0.0
Notwithstanding section 3.1.12.0.0, each licensed location operating as a Cannabis
Production Facility shall resubmit a General Inspection Report issued by the Electrical Safety
Authority every five (5) years from the original date of inspection indicating they continue to be
in compliance with all applicable legislation.
3.1.14.0.0
The applicant shall arrange for and submit to an inspection by a Property Standards Officer
for the City of Barrie to ensure compliance with all applicable by-laws. Such inspection report
and approval shall be done on an annual basis prior to submission of a new licence application
or prior to the submission of a renewal application.
3.1.15.0.0
No person shall perform any work without first having obtained all necessary permits from the
appropriate authority having jurisdiction as defined by this by-law.
3.1.16.0.0
No person shall:
a) represent to the public that the Person is licensed under this by-law if the Person is not so
licensed;
b) contravene or fail to comply with a term or condition of his Licence imposed under this by-
law; or
c) transfer a Licence issued under this by-law;
3.1.17.0.0
No person shall permit any person to loiter, create a disturbance or cause undue noise while
on the Premises
3.1.18.0.0.
The facility, premises, land and activities shall maintain continuous compliance with all
applicable municipal by-laws at all times.
4.1.0.0.0
SEVERABILITY
4.1.1.0.0
Should any section of this by-law be declared by a Court of competent jurisdiction to be
ultra vires or illegal for any reason, the remaining parts shall nevertheless remain valid and
binding, and shall be read as if the offending section or part had been struck out.
5.1.0.0.0
PENALTIES
5.1.1.0.0
Every person who contravenes any provision of this by-law is guilty of an offence and liable
on conviction to a penalty not exceeding $5,000, exclusive of costs and the provisions of the
Provincial Offences Act, R.S.O 1990, c P.33, as amended, shall apply to said fine.
5.1.2.0.0
Every person who contravenes the provisions of any section of this by-law and every Director
or Officer of a Corporation, who knowingly concurs in the contravention by the Corporation, is
guilty of an offence under the provisions of the Municipal Act, S.O. 2001, c.25, s. 425(1) (3);
5.1.3.0.0
Every person who contravenes the provisions of any section of this by-law and every Director
or Officer of a Corporation, who knowingly concurs in the contraventions by the Corporation,
is guilty of an offence and liable on conviction to a penalty where the minimum fine shall not
exceed $500 and a maximum fine shall not exceed $100,000 exclusive of costs under the
provisions of the Municipal Act 2001, s. 429 (1) (3) as amended.
5.1.4.0.0
For the purpose of continuous offences, every person who contravenes any provision of this
by-law and every Director or Officer of a Corporation who knowingly concurs in the
contravention of a by-law of the Corporation is guilty of an offence and liable on conviction to
a penalty not exceeding $10,000, exclusive of costs under the provisions of the Municipal Act
2001, s. 429 (1) (3) as amended. Despite paragraph 1, the total of all daily fines for the offence
is not limited to $100,000.
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Cannabis Production Facilities
5.1.5.0.0
For the purpose of multiple offences, every person who contravenes any provision of this by-
law and every Director or Officer of a Corporation who knowingly concurs in the contravention
of a by-law of the Corporation is guilty of an offence and liable on conviction to a penalty not
exceeding $10,000, exclusive of costs under the provisions of the Municipal Act 2001, s. 429
(1) (3) as amended. Despite paragraph 1, the total of all daily fines for the offence is not limited
to $100,000.
6.0.0.0.0
ENACTMENT
6.1.0.0.0
This By-law shall come into force and have effect on the 25th day of November 2019.
READ a first and second time this 25th day of November, 2019.
READ a third time and finally passed this 25th day of November, 2019.
THE CORPORATION OF THE CITY OF BARRIE
"ORIGINAL SIGNED"
_________________________________
MAYOR - J. R. LEHMAN
"ORIGINAL SIGNED"
__________________________________
CITY CLERK - WENDY COOKE