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The Corporation of the Municipality of Leamington
By-law 35-18
Being a by-law to regulate certain
matters
related to cannabis
Whereas, Section 128(1) of the Municipal
Act, 2001, R.S.O. 2001, c. 25 ( herein the
Act") 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
the legislation
and regulations
permitting
the production, sale and
consumption
of Medical
Cannabis
and Non- Medical
Cannabis
do not regulate
certain
matters of public interest in relation to health, safety, morality, comfort oi convenience.
And Whereas
without
proper regulation
the activities
regulated
by this By-Law,
especially
in the absence
of sufficient
regulation
or enforcement
by anoiher
level of
government, could become or cause public nuisances.
Now Therefore
by its Council
The Municipality
of Leamington
Hereby Enacts as
Follows:
lnterpretation
1.
In this By-Law:
a) " Cannabis" shall have the same meaning
as cannabis
as defined in the
Cannabis
Act ( Canada).
b)"
Cannabis
Facility" means an indoor Premises
on which Cannabis, Cannabis
seed or Cannabis
oil is grown, processed, extracted, packaged
or othenryise
made ready for sale, tested, destroyed, stored and/ or shipped
in accordance
with the provisions
of a Iicence
issued by Health canada, as may be
amended
from time to time, but shall not mean a Cannabis
retail outlet
operated
by the Province
of Ontario, Cannabis
Lounge or Cannabis
Retailer,
and does not include any Property
which is not licensed
by Health Canada
and on which Cannabis
is grown exclusively
for legal use by the registered
owner of the Property.
c) " Cannabis
Lounge" means a structure, which is not a residence, in which
cannabis Products, legally possessed
by one or more persons, are
consumed.
d) " Cannabis
Products" means any product for which Cannabis
is one of the
principal
ingredients, including
Cannabis Derivatíves.
Page2,
By- law 35-18
e)"
Cannabis
Related Activity" means growing, processing, extracting,
packaging
or othenruise making ready for sale, testing, destroying, storing,
shipping, permitting
consumption
or sale of Cannabis
or Cannabís
Products
cannabis
Retailer" means a premises
from which Cannabis
or cannabis
Products are sold to the general public on a retail basis and is authorized
by
law, but does not include a Cannabis
retail outlet operated
by the Province of
Ontario.
Council" means the Council
of the Municipality.
Medical cannabis" means cannabis
for which a prescríption
has been
issued by a medical
practitioner
in accordance
with the Health canada
regulations
for Medical
Cannabis;
0
g)
h)
i) "
Municipality" means The Corporation
of the Municipality
of Leamington.
Ü) "
Non- Medícal
Cannabis" means Cannabis
or Cannabis
Products for which
a
prescription
has not been issued by a medical
practitioner
in accordance
with
the Health Canada
regulations
for Medical
Cannabis;
k) " Noxious Odour" means
an odour of Cannabis
or from Cannabis
Related
Activitíes
emanating
from a Premises
that is persistent
or continuous
and is
likely to intedere
with the ordinary enjoyment
of other property
in the vicinity
of the Premises;
t)"
odour
Abatement
Protocol" means the combination
of methods, practices,
equipment
and technologies
designed
for the purpose
of elíminating
the
emíssion
and emanation
of Noxious
Odours from the Premises
to any other
property;
m) "Part I cannabis Facility" means a cannabis Facirity for which the
Municipality
has received
notíce as a term of the application
to Health
Canada;
n)
Part ll Cannabis
Facility" means a Cannabis
Facilíty that is not a Part
I
Cannabis
Facility including
a designated
grower, a micro- cultivator, a micro-
processor
or a premises
on which Cannabis
is grown for or on behalf of one
or more other persons
than the registered
owner of the premises;
o) " Premises" means a Cannabis
Facility, Cannabis
Lounge or Cannabis
Retailer.
p) " Process" means the operation
whereby
harvested
Cannabis, is transformed
by the applÍcation
of manual, mechanical
or chemical
methods
into another
form, but does not include the application
or use of a dangerous
substance
or
method;
Page 3, By- law 35- 18
2
q) " Sensitive
Use" means a grade school, secondary
school, day care,
playground, sporting
venue or any other place which has as its primary
purpose
of being a place where persons
under the age of 18 years comprise
the majority
of persons
present or intended
to be present, a residential
use
wíthin a Zone, a place of worship, or a community
center.
r)"
Zone" means an area delineated
on a zoning map schedule
and established
and designated
by the Comprehensive
Zoning
By-law 890- 09 for a specific
use or group of uses.
Prohibitions
a) No person shall operate a Cannabis
Lounge, Cannabis Retailer or
Cannabis
Facility except in accordance
with the provisions
of this By-Law
b) No person shall operate
a Cannabis
Facilíty where Cannabis
is grown
outdoors.
c)
No person shall Process Cannabis
using substances
dangers
or noxious
to
the public.
License
The owner, occupier
and/ or operator
of a Cannabis
Lounge, Cannabis
Retailer
or
Cannabis
Facility shall produce for inspection
any license or other form of
authorizatíon
which permíts the Cannabis
Related Activity on the Premises.
Gannabis
Lounge or Cannabis
Retailer
4.
A Cannabís
Lounge or a Cannabis
Retailer
shall not:
a) operate
except ín accordance
with the terms of its license or other form of
authorization;
b) operate
unless it is the holder of a valid business
license as issued by the
Municipality
under its Business
Licensing
By-Law;
c)
be closer than two hundred ( 200) metres from the property
line of the nearest
Sensitive
Use;
3.
d)
e)
be in any Zone that is not designated
for commercial
use;
permit the sale of Cannabis
or Cannabis
Products
on the Premises, unless
authorized
by law;
0
permit the consumption
of Cannabis
or Cannabis
Products on the exterior
of
the Premises;
4
aw 35- 18
g) permit the sale to or the consumption
of Cannabis
or Cannabis
Products
on
the Premises
by a person not legally entitled
to purchase
or consume
Cannabis or Cannabis
Products; and
h) operate
without an Odour Abatement
Protocol
sufficient
to eliminate
any
Noxious
Odour migrating
off its Premises.
Part I Cannabis
Facility
5.
A Part I Cannabis
Facility shall
a) operate
in accordance
with its license from Health Canada, and any other
requirements
of the Province
of Ontario and any other competent
authority;
b) operate
indoors;
c)
c)
d)
e)
operate only in a Zone designated
for agricultural
use, where a greenhouse,
but not a hobby greenhouse, is permitted;
d) operate
with an Odour Abatement
Protocol
to eliminate
the migration
of any
Noxious
Odour off its Premises; and
e) be limited to the production, processing
and packagíng
of Cannabis
on behalf
of the holder of the license for the Premises
on which the Cannabis
Facility
is
located
and one other person.
Part ll Cannabis
Facility
6.
A Part ll Cannabis
Facility shall
a) operate
in accordance
with its licence from Health Canada, and any other
requirements
of the Province
of Ontario and any other competent
authority;
b) operate
indoors;
f)
operate
in a Zone designated
for industrial
use;
obtain a business
licence pursuant
to the provisions
of the Municipality' s
Business
Licensing
By-law 03-18;
obtain, prior to commencing
operation, a Change
of Use Permit, issued
pursuant
to section
10 of the Building
Code Act, 1992, S.O. 1992, c.23;
obtain, prior to commencing
operation, Site Plan Approval
and enter into a
Site Plan Agreement
pursuant to section 41 ol the Planning Act, R.S.O. 1990,
c. P.13;
Page 5, By- law 35- 18
g) operate with an Odour Abatement
Protocol to eliminate
the migration
of any
Noxious
Odour off its Premises
and provide satisfactory
proof thereof to the
Municipality;
h) operate
more than two hundred ( 200) metres from the property
line of the
nearest Sensitive
Use;
be limited to the production, processing
and packaging
of Cannabis
on behalf
of the registered
owner of the Premises
and one other person; and
0)
be inspected by the Municipality' s Fire Department
and comply with the
provisions
of the Fire Protection
and Prevention Act, 1997, S.O. 1997, c.4
Severability
lf a Court of competent
jurisdíction
should declare any section or part of a section of
this By-law to be invalid, such section
shall not be construed
as having persuaded
or ínfluenced
Council to pass the remainder
of the By-law and it is hereby declared
that the remaínder
of the By-law shall be remain
in force.
Penalty
8.
Every person who contravenes
any provision
of this By-law is guilty of an offence
and upon conviction
is subject
to a fine pursuant
to the Provincial
Offences
Act,
R.S.O. 1990, c. P. 33, as amended
from time to time.
Continuing
Offence
9.
Each calendar
day a violation
of Section
2 continues
is deemed
to be a separate
offence.
Enforcement
10.
ln addition
to any other penalty or remedy
available to the Municipality, the Council
may, on behalf of the Municipality
with the consent
of the local detachment
commander
of the Ontario Provincial
Police and with notice to the Attorney- General
of Ontario, apply to the Superior
Court of Justice for an order requiring
all or part of
a Premises
be closed for a period not exceeding
two ( 2) years if it be proved on a
balance
of probabílities
that:
a)
activities
or circumstances
on or in the Premises
constitute
a public nuisance
or cause or contribute
to activities
or circumstances
constituting
a public
nuisance
in the vicinity of the Premises;
b) the public nuisance
has a detrimental
impact on the use and enjoyment
of
property
in the vicinity of the Premises;
7
Page 6, By- law 35- 18
c)
the owner or occupants
of the Premises
or part of the Premises
knew or
ought to have known that the activities
or circumstances
constituting
the
public nuisance
were taking place or existed and did not take adequate
steps
to eliminate
the public nuisance; or
d) a conviction
for a contravention
of this By-law by a court of competent
jurisdiction
of a public nuisance
in respect to the Premises
has been entered,
and the conviction
is not currently
under appeal.
Powers of Entry
11. Pursuant to section 436 of the Act and in addition
to any other powers of entry
granted
to the Municipality, the Municipality, by its employees
or agents, mayenter
on the Premises
at any reasonable
time for the purpose
of carrying
out an
inspection
to determine
whether or not the following
are being complied
with:
a) this By-law or any other by- law passed by the municipality;
b) any direction
or order of the Municipality
made under the Act or th¡s By-law;
c)
a condition
of a licence issued by the Municipality; or
d) an order to discontinue
or remedy a contravention
of this By-law for which
a
conviction
has been entered
by a court of competent
jurisdiction.
Powers of lnspection
12. The municipality
may do any of the following
for the purposes
of an inspection
under
Section
11:
a)
require the production
for inspection
of documents
or things relevant to the
enforcement
of this By-law;
b) inspect and remove
documents
or things relevant to the enforcement
of th¡s
by-law for the purpose
of making
copies or extracts;
c)
require information
from any person concerning
a matter relevant to the
enforcement
of this By-law; and
d) alone or in conjunction
with a person possessing
special or expert
knowledge, make examinations
or take tests, sample or photographs
necessary
for the purposes
of the inspection.
Short Title
13. This By-law may be referred to as the Cannabis
Regulation
By-law ,2018
Page7, By- law 35- 18
Effective
Date
14. This By-law will take effect and come into effect upon its enactment.
Read a first, second and third time and finally enacted
Mayor
Brenda
M
Clerk
of May, 2018.
John