Bylaw No. 9525 - The Cannabis Business Licence Bylaw, 2018 (codified to Bylaw 9967, Apr 24 2024)
Saskatoon, Saskatchewan
· adopted 2018-06-25
This is the exact embedded text of the captured official document.
Snapshot ab6a4bff83fb · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Bylaw No. 9525
The Cannabis Business Licence
Bylaw, 2018
Codified to Bylaw No. 9967
(April 24, 2024)
BYLAW NO. 9525
The Cannabis Business Licence Bylaw, 2018
Whereas under the provisions of clause 8(1)(b) of The Cities Act, S.S. 2002,
c. C-11.1, a city has the general power to pass any bylaw that it considers expedient in
relation to the safety, health and welfare of people and the protection of people and
property;
And whereas under the provisions of clause 8(1)(h) of The Cities Act, a city has
the general power to pass any bylaw that it considers expedient in relation to businesses,
business activities and persons engaged in business;
And whereas under subsection 8(3) of The Cities Act, the power to pass bylaws
includes the power to:
- regulate or prohibit;
- provide for a system of licences, inspections, permits or approvals;
- establish fees for the licence;
- prohibit any business until a licence has been granted or an inspection
performed;
- impose terms or conditions on any licence;
- impose conditions that must be met before a licence is granted or renewed;
- provide for the duration of licences and their suspension or cancellation for
failure to comply with a term or condition of the bylaw or for any other reason
specified in the bylaw;
- specify a minimum distance that two or more businesses within a class or
two or more classes of businesses must be separated from one another;
- provide for an appeal, the body that is to decide the appeal and related
matters;
And whereas the Federal Government has legalized recreational cannabis use;
And whereas the Provincial Government will be regulating certain areas of
recreational cannabis use;
And whereas The City of Saskatoon desires to pass a bylaw to licence cannabis-
related businesses;
And whereas The City of Saskatoon recognizes Parliament's jurisdiction to
regulate in the field of criminal law and that the City has limited jurisdiction to deal with
such matters.
Page 2
Now therefore, the Council of The City of Saskatoon enacts:
Short Title
1.
This Bylaw may be cited as The Cannabis Business Licence Bylaw, 2018.
Definitions
2.
In this Bylaw:
(a)
"applicant" means any person applying for a licence under this Bylaw;
(b)
"business" means a business as defined in The Cities Act;
(c)
"cannabis" means cannabis as defined in The Cannabis Control
(Saskatchewan) Act and includes any products containing cannabis;
(d)
"cannabis production facility" means a federally-licensed facility used for
the
purposes
of
cultivation,
harvesting,
production,
processing,
manufacturing, packaging, testing, storage or shipping of cannabis or goods
and products derived from cannabis;
(e)
"cannabis retail store" means a provincially-licensed retail store where
cannabis or cannabis products are sold, and which may include the sale of
related accessories and ancillary items, but does not include manufacturing
or processing of products to be sold onsite;
(f)
"City" means the City of Saskatoon;
(g)
"person" includes an individual, proprietorship, partnership, corporation,
association or other legal entity.
Licence Required
3.
No person shall operate a cannabis production facility or a cannabis retail store
without having a valid and subsisting licence under this Bylaw.
Advertising
4.
(1)
No person shall hold themselves out to be licensed under this Bylaw unless
they are so licensed.
(2)
No person shall advertise a cannabis-related business in the City unless:
Page 3
(a)
permitted under federal or provincial legislation; and
(b)
that person holds a valid and subsisting licence under this Bylaw.
Licensing Requirements
5.
(1)
Any person who applies for a licence to operate a cannabis production
facility or a cannabis retail store shall:
(a)
apply in a form prescribed by the City which must contain at least the
following information:
(i)
name, occupation and address of the applicant;
(ii)
the nature of the business for which the licence is required;
(iii)
the place where the business is to be carried on;
(iv)
the name under which the business will be operated; and
(v)
the name of the contact person;
(b)
pay the prescribed fee under section 6; and
(c)
provide proof of the required federal or provincial licence or permit.
Fees
6.
(1)
An applicant for a cannabis production facility or a cannabis retail store
shall, upon filing the application, pay the initial licence fee of $550.
(2)
A licensee who wishes to renew a licence for a cannabis production facility
or a cannabis retail store shall, upon filing an application for renewal of a
licence, pay the annual licence renewal fee of $95.
(3)
If the initial licence is refused, the fee paid under subsection (1) shall be
returned to the applicant.
(4)
If the annual licence renewal is refused, the fee paid under subsection (2)
shall be returned to the applicant.
(5)
Except as provided in subsection (3), the initial licence fee is non-
refundable.
(6)
Except as provided in subsection (4), the annual licence renewal fee is non-
refundable.
Page 4
(7)
If a licence is suspended or cancelled, no licence fee or part thereof is
refundable to a licensee.
(8)
A licensee who wishes to change the location of a cannabis production
facility or a cannabis retail store shall, upon filing an application for a change
of location, pay the fee of $550.
Separation Distances
7.
(1)
A cannabis retail store shall not be located within 160 metres of another
cannabis retail store, as measured from property line to property line.
(2)
When a person applies for a licence for a cannabis retail store and there
exists another cannabis retail store within 160 metres of it, the licence shall
be denied by the City.
Issuance of Licence
8.
(1)
The City shall approve the issuance of a licence except where one or more
of the following applies:
(a)
the applicant is less than 19 years of age;
(b)
the business or any premises occupied by the business does not
comply with all applicable federal, provincial or municipal regulation;
(c)
the applicant has failed to provide information as required by section
5 for the issuance of a licence;
(d)
the licence fee required by this Bylaw has not been paid; or
(e)
the applicant has falsely answered a question or request for
information on the application form.
(2)
Every person who applies for the issuance or renewal of a licence to operate
a cannabis production facility must provide confirmation of a fire inspection
satisfactory to the Saskatoon Fire Division before a licence will be issued.
(3)
Upon filing of a completed application for a licence under this Bylaw, the
City shall, within 60 days after receipt of the application, either issue a
licence, or issue a written notice of intent to deny a licence, to the applicant.
Page 5
(4)
The licence, if granted, shall state on its face the name of the person to
whom it is granted, the expiration date, the conditions attaching to the
licence and the address of the business. The licence shall be posted in a
conspicuous place on the premises so that it may be easily read at any time.
Conditions Attaching to Licence
9.
(1)
No person operating a cannabis production facility or a cannabis retail store
shall:
(a)
allow an odour to emanate from the property that unreasonably
interferes with the comfort, repose, health or peace of individuals of
ordinary sensitivity; or
(b)
fail to comply with any applicable federal, provincial or municipal
regulation.
(2)
Sign permits as provided for in the Sign Regulations, as appended to the
Zoning Bylaw, are required for any permanent sign.
(3)
The provisions of Signage Group No. 3 of the Sign Regulations, as
appended to the Zoning Bylaw, apply to a cannabis production facility and
a cannabis retail store regardless of the zoning district.
(4)
(Repealed - Bylaw No. 9961 - March 27, 2024)
(5)
In addition to the conditions required in this section, the City may impose
any additional terms and conditions on a licence issued under this Bylaw
that are consistent with the intent of the Bylaw where the City is satisfied
that:
(a)
it is necessary to ensure compliance with any duties imposed on the
licensee under this Bylaw;
(b)
it is necessary to ensure the integrity of the licensing scheme in the
Bylaw; and
(c)
it is appropriate and in the public interest to do so.
(6)
No person shall fail to comply with the terms and conditions of a licence.
Transfer of Licence
10.
A licence issued under this Bylaw is not transferable.
Page 6
No Further Licensing Required
11.
A licence issued under this Bylaw shall be a valid business licence, and licensing
under any other City bylaw shall not be required.
Expiration of Licence
12.
(1)
Each licence shall expire one year from the date of issuance.
(2)
A licence may be renewed, provided an application for renewal of a licence
and annual licence renewal fees are received by the City no later than the
expiration date of the current licence. An application received after that date
shall be processed as a new application and the initial licence fee shall
apply.
(3)
An application for renewal of a licence must include all the same information
required for an initial licence pursuant to section 5.
(4)
Upon receiving an application for renewal of a licence and determining that
the application is in full compliance with the provisions of this Bylaw, the
City shall issue a new licence.
(5)
If the City denies renewal of a licence, the applicant shall not be issued a
licence for one year from the date of denial.
(6)
Notwithstanding subsection (5), if subsequent to the denial, the City finds
that the basis for the denial has been corrected or abated, the applicant may
be granted a licence if at least three months have elapsed since the date
that the denial became final.
Suspension and Cancellation of Licence
13.
(1)
Suspension or cancellation of a federal or provincial licence or permit for
the operation of a cannabis production facility or a cannabis retail store shall
result in the immediate suspension or cancellation of a licence issued under
this Bylaw.
(2)
Any licence issued under this Bylaw may be suspended or cancelled for any
of the following reasons:
(a)
a licensee or an employee of a licensee has violated or failed to
comply with any provision of this Bylaw;
(b)
a licensee or an employee of a licensee has violated or failed to
comply with any condition of the licence;
Page 7
(c)
a licensee or an employee of a licensee has refused to allow an
inspection of the premises as authorized by this Bylaw;
(d)
a licensee has given false or misleading information in the material
contained in the application for the licence; or
(e)
a licensee has been convicted of a criminal offence during the term
of the licence. The fact that a conviction is being appealed shall have
no effect on the cancellation of the licence.
(3)
The City shall provide written notice of the suspension or cancellation in a
brief statement setting forth the complaint, the grounds for suspension or
cancellation and notifying the licensee of the right of appeal. Such notice
shall be given or served on the licensee in accordance with section 347 of
The Cities Act.
(4)
If the City cancels a licence, the fee paid for the licence shall be forfeited. A
person whose licence has been cancelled under this section may not apply
for a new licence for a period of one year from the date of the cancellation.
(5)
The power to suspend or cancel a licence pursuant to this section is in
addition to the penalties contained in section 17.
Right of Appeal
14.
(1)
An aggrieved party may appeal to the Saskatoon Appeal Board the City's
decision to:
(a)
deny a licence or licence renewal;
(b)
suspend or cancel a licence issued under this Bylaw; or
(c)
impose terms or conditions on a licence issued under this Bylaw.
(2)
The rules, procedure and time limits for an appeal pursuant to subsection
(1) shall be governed by the provisions of The Saskatoon Appeal Board
Bylaw, 2024.
Page 8
Administration and Enforcement of Bylaw
15.
(1)
The Administration and enforcement of this Bylaw is hereby delegated to
the General Manager, Community Services Division for the City.
(2)
The General Manager, Community Services Division for the City is hereby
authorized to further delegate the administration and enforcement of this
Bylaw, in whole or in part, to other employees of the City.
Inspections
16.
(1)
The inspection of the property by the City to determine if this Bylaw is being
complied with is hereby authorized.
(2)
Inspections under this Bylaw shall be carried out in accordance with section
324 of The Cities Act.
(3)
No person shall obstruct a person who is authorized to conduct an
inspection under this section, or a person who is assisting in the inspection.
(4)
If a person refuses to allow or interferes with an inspection authorized by
this section, or if a person fails to respond to a reasonable request for
access to a property, the City may apply for a warrant authorizing entry in
accordance with section 325 of The Cities Act.
Offences
17.
(1)
No person shall:
(a)
fail to comply with any provision of this Bylaw;
(b)
fail to comply with a term or condition of their licence;
(c)
obstruct or interfere with any person acting under the authority of this
Bylaw; or
(d)
alter or deface a licence issued under this Bylaw.
(2)
A person who contravenes subsection (1) is guilty of an offence and liable
on summary conviction:
(a)
for a first offence:
(i)
in the case of an individual, to a fine of not less than $2,500
and not more than $10,000, to imprisonment for not more than
three months, or both;
Page 9
(ii)
in the case of a corporation, to a fine of not less than $5,000
and not more than $25,000;
(iii)
in the case of a continuing offence to a fine of not less than
$1,000 per day or part of a day during which the offence
continues;
(b)
for a second or subsequent offence:
(i)
in the case of an individual, to a fine of not less than $5,000
and not more than $10,000, to imprisonment for not more than
four months, or both;
(ii)
in the case of a corporation, to a fine of not less than $10,000
and not more than $25,000;
(iii)
in the case of a continuing offence to a fine of not less than
$1,500 per day or part of a day during which the offence
continues.
(3)
If a person is found guilty of an offence under this Bylaw, the court may, in
addition to any other penalty imposed:
(a)
in the case of a person who holds a licence, suspend the licence for
a term of not more than one year;
(b)
in the case of a person who did not hold a licence at the time of the
conviction, order that the person is ineligible to apply for a licence for
a term of not more than one year; or
(c)
order the person to comply with this Bylaw or a term or condition of
their licence.
(4)
Offences under this Bylaw are designated as offences for which
proceedings may be commenced pursuant to Part III of The Summary
Offences Procedure Act, 1990 by the issuance of a summons ticket.
(5)
A person to whom a summons ticket is being issued pursuant to subsection
(4) shall, upon request by the person issuing the summons ticket, provide
their name, address and date of birth. A person who fails to provide this
information is guilty of an offence and liable on summary conviction to the
penalties set out in subsection (2).
Page 10
Coming into Force
18.
(1)
This Bylaw, with the exception of subsections 6(2), 6(4), 6(6) and 12(2) to
(5), shall come into force on the day The Cannabis Control (Saskatchewan)
Act comes into force.
(2)
Subsections 6(2), 6(4), 6(6) and 12(2) to (5) of this Bylaw shall come into
force on October 1, 2019.
Read a first time this 25th day of June, 2018.
Read a second time this 25th day of June, 2018.
Read a third time and passed this 25th day of June, 2018.
"Charlie Clark"
"Joanne Sproule"
"SEAL"
Mayor
City Clerk