Regulating Cannabis in the
Township of Cavan Monaghan
December 14, 2020 REGULATING CANNABIS IN THE TOWNSHIP OF CAVAN MONAGHAN
TABLE OF CONTENTS
1.0 REPORT PURPOSE 5
2.0 FEDERAL CANNABIS ACT 5
3.0 FEDERAL CANNABIS REGULATION 6
3.1 CLASSES OF LICENCES 6
3.2 LICENCE PERMISSIONS 7 3.2.1 LICENCE FOR CULTIVATION 7 3.2.2 LICENCE FOR PROCESSING 8 3.2.3 LICENCE FOR ANALYTICAL TESTING 8 3.2.4 LICENCE FOR SALE OF CANNABIS FOR MEDICAL PURPOSES 8 3.2.5 LICENCE FOR RESEARCH 9 3.2.6 CANNABIS DRUG LICENCE 9
4.0 THE ROLE OF A MUNICIPALITY IN THE LICENCING PROCESS 9
4.1 IMPACTS OF FEDERAL LEGISLATION 11
5.0 PROVINCIAL POLICY 13
5.1 PROVINCIAL POLICY STATEMENT 2020 13 5.1.1 CLASSIFICATION OF AGRICULTURAL AND RURAL LANDS IN CAVAN MONAGHAN 14 5.1.2 LAND USE COMPATIBILITY 15 5.1.3 AGRICULTURE-RELATED USES 16
5.2 THE OAK RIDGES MORAINE CONSERVATION PLAN (2017) 20 5.2.1 NATURAL CORE AREAS 22 5.2.2 NATURAL LINKAGE AREAS 22 5.2.3 COUNTRYSIDE AREAS 22
6.0 THE COUNTY OF PETERBOROUGH OFFICIAL PLAN 24
6.1 OFFICIAL PLAN AMENDMENT #58 – CANNABIS CULTIVATION AND PROCESSING IN SELWYN 25
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7.0 CAVAN MONAGHAN OFFICIAL PLAN 26
8.0 CAVAN MONAGHAN ZONING BY-LAW 29
8.1 CANNABIS PRODUCTION FACILITIES 30
9.0 MUNICIPAL BEST PRACTICES 30
9.1 TOWN OF PELHAM 30
9.2 COUNTY OF NORFOLK 33
9.3 MUNICIPALITY OF CHATHAM-KENT 35
9.4 CITY OF OTTAWA 36
9.5 TOWNSHIP OF HAVELOCK-BELMONT-METHUEN 37
9.6 TOWN OF HALTON HILLS 38
9.7 TOWNSHIP OF SELWYN 39
9.8 TOWN OF ERIN 39
9.9 COUNTY OF BRANT 40
9.10 TOWN OF BLUE MOUNTAIN 40
9.11 TOWNSHIP OF KING 41
9.12 CITY OF WINDSOR 42
9.13 OTHER MUNICIPALITIES 42
10.0 EMERGING TRENDS 42
10.1 OFFICIAL PLAN POLICIES 42
10.2 ZONE CLASSIFICATION FOR CANNABIS USES 44
10.3 DEFINING CANNABIS 44
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10.4 OTHER ZONING PROVISIONS 45
11.0 CANNABIS FILES AT THE LOCAL PLANNING APPEAL TRIBUNAL 47
11.1 CITY OF HAMILTON 47
11.2 TOWN OF CALEDON 49
11.3 COUNTY OF NORFOLK 49
12.0 REGULATORY OPTIONS FOR CONSIDERATION 50
OPTION A – REQUIRE SITE-SPECIFIC ZONING FOR INDOOR CANNABIS CULTIVATION AND PROCESSING 51
OPTION B – CONTINUE TO PERMIT AS OF RIGHT IN URBAN EMPLOYMENT ZONE IN MILLBROOK 53
OPTION C – PERMIT AS OF RIGHT IN URBAN EMPLOYMENT ZONE IN MILLBROOK AND OTHER RURAL EMPLOYMENT ZONES 53
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1.0 REPORT PURPOSE regulated cannabis, and to control its production, distribution, sale, importation, exportation, and possession. Following The purpose of this Report is to: i) review parliamentary review, the Cannabis Act and assess recent federal legislation on cannabis cultivation and processing and the received royal assent on June 21, 2018 and impacts on land use planning; and ii) became law on October 17, 2018. identify options for regulating this activity in As set out in section 7 of the Cannabis Act, the Township of Cavan Monaghan. the purpose of the Act is to protect public This report will outline a number of factors health and public safety and in particular to: that support cannabis cultivation and • Protect the health of young persons by cannabis processing as distinct land uses restricting their access to cannabis; that should be regulated accordingly in the • Township’s Zoning By-law. As such, this Protect young persons and others from inducements to use cannabis; report will also identify a number of options on where and under what conditions • Provide for the legal production of cannabis cultivation and cannabis cannabis to reduce illegal activities in processing could be permitted. relation to cannabis; • Deter illegal activities in relation to cannabis through appropriate sanctions and enforcement measures; • Reduce the burden on the criminal justice system in relation to cannabis;
• Provide access to a quality-controlled supply of cannabis; and, 2.0 FEDERAL CANNABIS • Enhance public awareness of the health ACT risks associated with cannabis use. In order to achieve the above, the Cannabis On April 13, 2017, the Government of Act: Canada introduced Bill C-45 (the Cannabis • Creates a general control framework for Act) in the House of Commons. Based in cannabis by establishing a series of large part on the advice provided by the criminal prohibitions, while providing Task Force on Cannabis Legalization and for exceptions or authorizations to Regulation, the Cannabis Act created the permit persons to engage in otherwise foundation for a comprehensive national prohibited activities; framework to provide restricted access to REGULATING CANNABIS IN THE TOWNSHIP OF CAVAN MONAGHAN
• Provides for the oversight and licensing allowed to continue operating until their of a legal cannabis supply chain; existing licences expired, at which time they • Provides for licences that will set will have to apply for a licence under the parameters for the operation of a legal new federal Regulation. cannabis industry; 3.0 FEDERAL CANNABIS • Indicates that Federal and Provincial/territorial governments will REGULATION share responsibility for the oversight and licensing of the cannabis supply The Federal Cannabis Regulation SOR-2018- chain and that the federal Minister of 144 ('the Regulation') was published in the Health will be responsible for licensing, Canada Gazette, Part II, on July 11, 2018. among other activities, the production The Regulation is actually dated June 27, of cannabis (cultivation and processing), 2018 and also came into effect on October while Provincial and territorial 17, 2018. This Regulation is one of a series governments can authorize the of regulations that are intended to distribution and retail sale of cannabis implement the Cannabis Act. in their respective jurisdictions; and, • Establishes national standards to 3.1 CLASSES OF LICENCES protect public health and safety through the creation of a number of legal The Regulation establishes a series of requirements that are intended to classes of licences that authorize activities protect against the public health and that are related to cannabis and these are public safety risks associated with as follows: cannabis. • A licence for cultivation; It should be noted that by virtue of the enactment of the Cannabis Act, the Access • A licence for processing; to Cannabis for Medical Purposes • A licence for analytical testing; Regulations (ACMPR) was repealed when • A licence for sale (medical purposes); the Cannabis Act became law on October 17, 2018. • A licence for research; and, • A cannabis drug licence. All producers with a licence (commercial and personal use) under the ACMPR were A series of subclasses of a licence for
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cultivation have also been established and • For the purpose of testing, obtain they are: cannabis by altering its chemical or physical properties by any means; and, • A licence for micro-cultivation; • Sell cannabis. • A licence for standard cultivation; and, The holder of a licence for micro-cultivation • A licence for a nursery. or standard cultivation can sell cannabis to: In addition, the following subclasses have • The holder of other licences established been established of a licence for processing: by the Regulation; and, • A licence for micro-processing; and, • Certain persons that have been granted • A licence for standard processing. an exemption under the Cannabis Act (for medical reasons for example). One person or company can hold multiple licences. However, it does not appear that the holder of a licence for micro-cultivation or 3.2 LICENCE PERMISSIONS standard cultivation is authorized to sell cannabis to the general public from the 3.2.1 Licence for Cultivation facility. This means that general retail sales Cultivation can occur indoors or outdoors would not be permitted. and the plants can be rooted in the native The difference between a licence for micro- soils. If grown indoors, plants would be cultivation and standard cultivation is that typically grown in a greenhouse type the surface area for a licence for micro- building. If grown outside, plants would cultivation cannot exceed 200 square have the appearance of a typical cash crop. metres, in which all cannabis plants, The holder of a licence for micro-cultivation including all the parts of the plants, must be or standard cultivation is permitted to: contained.
• Possess cannabis; The holder of a licence for a nursery (which is a subclass of a licence for cultivation) is • Obtain dried cannabis, fresh cannabis, allowed to carry on the activities of a holder cannabis plants or cannabis plant seeds of a licence for micro-cultivation or by cultivating, propagating and standard cultivation, except they are not harvesting cannabis; able to obtain dried cannabis or fresh
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cannabis. In other words, only cannabis for processing – standard processing and plants or cannabis plant seeds can be used micro-processing. In both circumstances, for growing cannabis in a nursery. If the the licence does not allow the cultivation, holder of a licence for a nursery cultivates propagation or harvesting of cannabis. In cannabis for the purpose of obtaining other words, a processing licence only cannabis plant seeds, the total surface area allows the licence holder to produce that can be devoted to this purpose cannot cannabis for sale. exceed 50 square metres. The difference between a standard Some of the facilities that have been processing licence and a micro-processing constructed in accordance with the licence is that no more than 600 kilograms Regulation are very large, such as the of dried cannabis can be sold or distributed Aurora Sky facility in Edmonton that has an in a calendar year with a micro-processing approximate floor area of about 75,000 licence. square metres (which is about the same size as the Toronto Premium Outlets in Halton 3.2.3 Licence for Analytical Testing Hills). The Aurora Sky facility shares many of The holder of a licence for analytical testing the characteristics of an industrial or is authorized to possess cannabis and to warehouse building. However, the interior obtain cannabis by altering its chemical or of the building has the appearance of a physical properties by any means. greenhouse. It is important to note that the size of the Aurora Sky facility is at the high The sale or distribution of any product from end, and that many of the other known the holder of a licence for analytical testing facilities are considerably smaller. is not permitted and there are rules on how long cannabis can be kept on site before it 3.2.2 Licence for Processing needs to be destroyed. There are many producers in Ontario that The holder of this licence may also have have obtained both a licence for cultivation other licences. and a licence for processing, so that both activities can take place in the same 3.2.4 Licence for Sale of Cannabis for building and/or on the same property. Medical Purposes
Two types of licences have been established The holder of a licence for sale of cannabis for medical purposes is permitted to
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possess cannabis products and to sell 4.0 THE ROLE OF A cannabis products. These products can be sold to other types of licence holders, a MUNICIPALITY IN THE person to whom an exemption has been granted under the Cannabis Act or to a LICENCING PROCESS hospital employee. It does not appear as if there is any The holder of this licence may also have requirement for local municipal support other licences. before a Federal licence is issued. In this regard, the Regulation only appears to 3.2.5 Licence for Research require an applicant to provide written The holder of a licence for research is notice to municipalities and others as per permitted to possess cannabis, produce Section 7(1) of the Regulation reproduced cannabis or transport, send or deliver below: cannabis between the sites that are set out by the licence. Additionally, the licence Before submitting an application to the holder can sell cannabis plants and cannabis Minister for a licence for cultivation, a plant seeds to other licence holders, the licence for processing or a licence for sale Minister or a person to whom an exemption that authorizes the possession of cannabis, has been granted under the Cannabis Act. the person that intends to submit the application must provide a written notice to As per above, the holder of this licence may the following authorities in the area in also have other licences. which the site referred to in the application is located: 3.2.6 Cannabis Drug Licence a. The local government; The holder of a cannabis drug licence is permitted to possess cannabis and produce b. The local fire authority; and or sell a drug containing cannabis. These c. The local police force or the Royal products can be sold to other types of Canadian Mounted Police detachment licence holders, a person to whom an that is responsible for providing exemption has been granted under the policing services to that area. Cannabis Act or to a pharmacist, a In addition to the above, licence holders are practitioner or a hospital employee. also required to notify the local government
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when a new licence has been issued as per land uses. We recommend that Section 35(1) of the Regulation as set out municipalities consult their individual below: provincial/territorial enabling land use laws for specific direction. But generally, there is A holder of a licence for cultivation, a licence no obligation for municipalities to permit for processing or a licence for sale that cannabis cultivation in specific areas. authorizes the possession of cannabis must, within 30 days after the issuance, amendment, suspension, reinstatement or revocation of the licence, provide a written notice to the local authorities referred to in paragraphs 7(1)(a) to (c) in the area in which the site set out in the licence is located and provide a copy of the notice to the Minister.
In the Spring of 2018, the Federation of Canadian Municipalities (FCM) released the 'Municipal Guide to Cannabis Regulation' ('FCM Guide'). It is noted that the FCM
Guide was released prior to the Regulation and there was, and continues to be, much Notwithstanding the above need to consult discussion about implementation and 'provincial land use laws', the FCM Guide interpretation. In this regard, the Guide indicates the following: indicates the following: Local governments are entitled to interpret If a business obtains a federal licence under enabling legislation broadly enough to the Cannabis Act, it will not mean that the address emerging issues and respond company will not be subject to effectively to community objectives. provincial/territorial or local government However, they cannot extend its scope regulations dealing with land use beyond what the wording of the legislation management. Locally, this constitutional can reasonably bear. Some enabling arrangement can provide municipalities legislation across Canada may allow local with the authority to prohibit particular governments to deal with particular uses on
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a “conditional use” or “direct control” basis, comply with local zoning controls. which might be particularly appropriate in the case of new land use activities (such as 4.1 IMPACTS OF FEDERAL those associated with cannabis) whose LEGISLATION impacts are not well-understood at the outset. The Federal regulatory regime does not provide the basis for creating specific land It should be noted that 'conditional use' and use regulations. For example, there are no 'direct control' are not components of setback requirements specified and there Ontario's land use planning regime. In any are no specific requirements for any type of event, the FCM Guide concludes the licence holder to carry out authorized following: activities away from other land uses.
None of the land use activities that are The only specific part of the Regulation that expected to result from the legalization of deals with adjacent land uses relates to the cannabis are likely to diverge from the production of cannabis for personal medical existing enabling legislation and purposes only. interpretations noted above. The land use activities contemplated relative to the In this regard, it is indicated that any Cannabis Act are similar to activities outdoor cultivation (presumably in an associated with other consumable individual's backyard) cannot be adjacent to commodities such as food, beverages and a school, public playground, day-care tobacco. facility or other public place frequented mainly by individuals less than 18 years of Based on the information provided, and in age. In this case, 'adjacent' means, the absence of other countervailing views according to Section 306, if the parcel has at on the matter, it is our opinion that a local least 1 point in common with the boundary municipality can regulate cannabis-related of the other parcel of land with these uses. land uses that are subject to Federal licences much like any other land use. It is not clear how this will ever be enforced or whether it will be possible to regulate the This means that while there is no municipal type of plants grown in a person’s backyard role in the licensing process, there would through a zoning by-law. It is also noted still be a requirement for licence holders to that the Federal government also proposes
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to permit anyone to grow up to four plants and the location of the gatehouse may need on their property for personal use. This will to be reviewed from a design perspective as make it even more difficult to regulate since well. It should be noted that the use of everyone will have this as-of-right visual recording devices is also required permission. along with 24-hour monitoring.
Notwithstanding the above, local Given the above, the prospect exists for the municipalities do have the ability to establishment of fenced in compounds that regulate larger licenced uses and facilities, may not be compatible with adjacent land should they choose to do so. However, any uses, such as a business park with generous regulation would need to be based on landscaping around the perimeter. The empirical evidence, particularly if a prospect also exists for fenced in minimum setback is required. compounds in agricultural and rural areas, and this may also not be compatible with There are however, a few requirements in the open space character of these areas. the Regulation dealing with security that could be considered through a planning The above rules on security generally apply approval process. More specifically, those to other licence holders as well (micro- with cultivation, processing or sale licences cultivation, micro-processing or a nursery). are required to design their sites to prevent unauthorized access. This includes physical It should be noted that there are also a barriers around the perimeter, an intrusion number of complex exemptions to the detection system, and 24-hour visual security requirements in the Regulation, recording. which are designed primarily to recognize existing licences or permissions relating to This means fencing or another suitable cannabis for medical purposes. barrier will be required and the location and design of the fencing may need to be The Regulation further states that cannabis assessed through an approval process to must be processed, packaged, labelled, lessen the impact of these barriers on the stored, sampled and tested in a building. public realm and adjacent land uses. This This requirement could be included in a also means that gatehouses that control the zoning by-law; however, the licence would entry and exit of people accessing a require this in any event. property will be a key element of the use
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The Regulation also requires that all Agricultural Use: means the growing of buildings be equipped with a system that crops, including nursery, biomass and filters air to prevent the escape of odours. horticultural crops; raising of livestock; This could also be codified in a zoning by- raising of other animals for food, fur or law; however, this would again be a fibre, including poultry and fish; requirement of the licence. aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm The Regulation does expressly prohibit the buildings and structures, including, but not holder of any licence from conducting any limited to livestock facilities, manure activity authorized by the licence in a storages, value-retaining facilities and 'dwelling-house'. This could also be accommodation for full-time farm labour expressly prohibited in the Township's when the size and nature of the operation zoning by-law. requires additional employment. Notwithstanding the above, the growing of up to 4 plants in a dwelling for personal use would still be permitted. As a result, a distinction would need to be made between the growing of plants pursuant to a licence and the growing of plants for personal use, if the above prohibition was contemplated. 5.0 PROVINCIAL POLICY
5.1 PROVINCIAL POLICY STATEMENT 2020
The purpose of this section is to review the relevant policies in the Provincial Policy Statement that relate to agricultural use.
The PPS 2020 includes the following The PPS 2020 does not make any definition of 'agricultural use': distinctions between the types of crops that are grown, as long as whatever is produced
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is harvestable, which means that the Healthy, integrated and viable rural areas cultivation of cannabis would be an should be supported by: agricultural use, whether that cultivation occurs indoors or outdoors. i. Providing opportunities for economic activities in prime agricultural areas, in 5.1.1 Classification of Agricultural and accordance with policy 2.3. Rural Lands in Cavan Monaghan The majority of the land that is not within The PPS 2020 divides the Province into two the Natural Heritage System in the general land use categories with one being Township is designated Agricultural. A urban 'settlement areas' and the second number of areas within this broader being 'rural area', with rural areas including designation are designated Rural, in rural settlement areas, rural lands, prime recognition of historical rural residential agricultural areas, natural heritage features development. Lands to the east of Highway and areas and resource areas. Rural lands 7 and County Road 28 are also designated and prime agricultural areas are considered Rural. to be mutually exclusive, with rural lands not encompassing prime agricultural areas. Section 2.3.1 of the PPS 2020 states the following with respect to the use of land in The PPS recognizes rural areas as important prime agricultural areas: to the economic success of the Province and to quality of life. Section 1.1.4.1 encourages Prime agricultural areas shall be protected rural areas to be supported by building rural for long-term use for agriculture. character and amenities, promoting The above means that prime agricultural redevelopment, accommodating a range of areas shall be protected for long term use housing, encouraging the conservation of for all forms of agriculture, including the the housing stock, promoting cultivation of cannabis. Section 2.3.3.2 of diversification, providing opportunities for the PPS 2020 then states the following, tourism, conserving biodiversity and which recognizes the primacy of agriculture providing opportunities for economic in prime agricultural areas (with under- activities in prime agricultural areas. lining for emphasis): Section 1.1.4.1 i) specifically addresses prime agricultural areas in the rural area In prime agricultural areas, all types, sizes and states: and intensities of agricultural uses and
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normal farm practices shall be promoted diversified uses are identified in the and protected in accordance with provincial permitted uses list in Section 1.1.5.2 of the standards. PPS and that Section 1.1.5.7 further indicates that: The above means that all types, sizes and intensities of agricultural uses are Opportunities to support a diversified rural permitted, and there is no distinction made economy should be promoted by protecting in this policy on whether the crop is grown agricultural and other resource-related uses indoors or outdoors. and directing non-related development to areas where it will minimize constraints on Section 1.1.5 of the PPS establishes policies these uses. that apply to rural lands and these include lands outside of settlement areas and 5.1.2 Land Use Compatibility outside of prime agricultural areas. Section Section 1.2.6.1 of the PPS 2020 addresses 1.1.5.2 sets out the permitted uses for rural major facilities and sensitive land uses and lands as follows: it reads as follows: a) The management or use of resources; Major facilities and sensitive land uses shall b) Resource-based recreational uses be planned and developed to avoid, or if (including recreational dwellings); avoidance is not possible, minimize and c) Residential development, including lot mitigate any potential adverse effects from odour, noise and other contaminants, creation, that is locally appropriate; minimize risk to public health and safety, d) Agricultural uses, agriculture-related and to ensure the long-term operational uses, on-farm diversified uses and and economic viability of major facilities in normal farm practices, in accordance accordance with provincial guidelines, with provincial standards; standards and procedures. e) Home occupations and home industries; It is recognized that there is a difference of f) Cemeteries; and opinion on whether Section 1.2.6.1 applies g) Other rural land uses. to agricultural uses. This is because all types, sizes and intensities of agricultural It is noted that agricultural uses, uses and normal farm practices shall be agriculture-related uses and on-farm promoted and protected in accordance
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with provincial standards, according to In our opinion, cannabis cultivation may Section 2.3.3.2 of the PPS 2020. require separation from sensitive uses.
In response, it is noted that the policy 5.1.3 Agriculture-Related Uses referred to requires that all types, sizes and It is also important to consider whether a intensities of agricultural uses shall be use related to cannabis cultivation is an promoted, which is different than shall be agriculture-related use, which is also permitted, which implies that there may be permitted by the PPS 2020 in prime limitations on where certain types, sizes agricultural areas. These uses must be and intensities of agricultural uses can be carefully planned so that they are located. compatible with agricultural uses as per In our opinion, Section 1.2.6.1 can be Section 2.3.3.1 of the PPS 2020: applied to this circumstance and in the Proposed agriculture-related uses and on- absence of Provincial standards or farm diversified uses shall be compatible guidelines similar to the MDS Guidelines, with, and shall not hinder, surrounding because the definition of major facility in agricultural operations. Criteria for these the PPS 2020 does not provide any uses may be based on guidelines developed limitations on the range of uses and by the Province or municipal approaches, as activities that could be considered a major set out in municipal planning documents, facility with the inclusion of the under-lined which achieve the same objectives. words in the definition below: The definition of agricultural-related use in "Means facilities which may require the PPS 2020 is below: separation from sensitive land uses, including but not limited to airports, Agriculture-Related Uses: means those manufacturing uses, transportation farm-related commercial and farm-related infrastructure and corridors, rail facilities, industrial uses that are directly related to marine facilities, sewage treatment farm operations in the area, support facilities, waste management systems, oil agriculture, benefit from being in close and gas pipelines, industries, energy proximity to farm operations, and provide generation facilities and transmission direct products and/or services to farm systems, and resource extraction activities." operations as a primary activity.
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The processing of cannabis (along with Section 1.1 of the OMAFRA Guidelines also testing and research) could be considered states that: an agriculture-related use under the PPS 2020 in prime agricultural areas. For a use These guidelines are meant to complement, to be considered as agriculture-related, it be consistent with and explain the intent of must be a farm related commercial use the PPS policies and definitions. Where and/or a farm related industrial use that specific parameters are proposed, they satisfies all of the criteria below: represent best practices rather than specific standards that must be met in every case. • Is directly related to farm operations in the area;
• Supports agriculture;
• Benefits from being in close proximity to farm operations; and,
• Provides direct products and/or services to farm operations as a primary activity. In 2016, the Ontario Ministry of Agriculture Food and Rural Affairs (OMAFRA) published the Guidelines on Permitted Uses in Ontario’s Prime Agricultural Areas (OMAFRA Guidelines). The intent of the OMAFRA guidelines is described as follows:
The Guidelines on Permitted Uses in
Ontario’s Prime Agricultural Areas will help municipalities; decision-makers, farmers Section 2.2 of the OMAFRA Guidelines and others interpret the policies in the indicates that agriculture-related uses may Provincial Policy Statement, 2014 (PPS) on be located on farms or on separate the uses that are permitted in prime agriculture-related commercial or industrial agricultural areas. It comprises the properties. provincial guidelines referred to in Policy 2.3.3.1 of the PPS. With respect to farm-related commercial
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uses, Section 2.2.1.1 of the OMAFRA • Livestock assembly yard or stock yard Guidelines specify the following: serving farm operating in the area;
Farm-related commercial uses may include • Processing of produce grown in the area uses such as retailing of agriculture-related (e.g., cider-making, cherry pitting, products (e.g. farm supply co-ops, farmers’ canning, quick-freezing, packing); markets and retailers of value-added • Abattoir processing and selling meat products like wine or cider made from from animals raised in the area; produce grown in the area), livestock • Grain dryer farm operations in the area; assembly yards and farm equipment repair shops if they meet all the criteria for the • Flour mill for grain grown in the area; category of agriculture-related use. • Farm equipment repair shop;
It is noted that the ‘criteria’ referenced • Auction for produce grown in the area; above is from Table 1 of the OMAFRA and, Guidelines and are similar to the four parts • Farm input supplier (e.g., feed, seeds, of the definition of agriculture-related use fertilizer (serving farm operations in the in the PPS. area. In addition to the above, the OMAFRA Based on the examples above, cannabis Guidelines provide other examples of processing could be considered an agriculture-related uses as well and they agriculture-related use subject to the other are: criteria being satisfied.
• Apple storage and distribution centre Below is a brief discussion of these criteria. serving apple farm operations in the In this regard, the first criterion to consider area; is whether the farm-related commercial • Agricultural research centre; and/or farm-related industrial use is • Farmers’ market primarily selling directly related to farm operations in the products grown in the area; area.
• Winery using grapes grown in the area; Section 2.2.1.3 of the OMAFRA Guidelines provide some guidance on what this means:
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Agriculture-related uses must be directly However, it is noted that a winery is related to farms in the area, primarily provided as an example and it is possible in providing products or services that are some circumstances for all of the grapes to associated with required by or that enhance be sourced from the same property. As a agricultural operations in the area. Directly consequence, there is no express related to means that the use should reflect prohibition in the OMAFRA Guidelines on the type of agricultural production in the the processing of cannabis on the same area. property as the cultivation of cannabis.
Again there are three parts to the above, Notwithstanding the above, the OMAFRA which means that for a use to be an Guidelines do support agriculture-related agriculture-related use in this context and uses on separate properties in any event. to satisfy this criterion, it must be directly related to farms in the area and primarily The second criterion to consider is whether provide products or services that are: the farm related commercial use and/or a farm related industrial use supports • Associated with agricultural operations agriculture. This criterion does not seem to in the area; or have any qualification according to the OMAFRA Guidelines and since the • Required by agricultural operations in processing of cannabis would support the the area; or growing of cannabis, it could be argued that • Enhance agricultural operations in the it supports agriculture. area. The third criterion to consider is whether It is then further indicated that the the farm related commercial use and/or a agriculture-related use should reflect the farm related industrial use benefits from type of agricultural production in the area. being in close proximity to farm operations. The PPS 2020 and the OMAFRA Guidelines use the words 'in the area'. Section 2.2.1.6 of the OMAFRA Guidelines state the following: Given the expectation that cannabis cultivation and cannabis processing would To meet this criterion, agriculture-related typically occur on one property, it is not uses must benefit from or need to be located clear how 'in the area' would be interpreted near the farm operations they serve. in this case.
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Processing at the cultivation site is a more and are limited in area. On-farm diversified sustainable practice as going from crop to uses include, but are not limited to, home finished product on the same site limits occupations, home industries, agri-tourism transportation needs and reduces waste. uses, and uses that produce value-added This practice would also be economically agricultural products. beneficial for the cultivator, who would then sell directly to the dispenser. In order for a use to be considered an on- farm diversified use, it would have to be The fourth criterion to consider is whether both secondary to the principal use of the the farm related commercial use and/or a property and be limited in area. farm related industrial use provides direct products and/or services to farm Section 2.3.1 of the OMAFRA Guidelines operations as a primary activity. indicate that on-farm diversified uses must be located on a farm property that is Section 2.2.1.5 of the OMAFRA Guidelines actively used. indicate the following: In the case of a cannabis processing use that Direct products and/or services refers to is located on a property where the cannabis uses that serve an agricultural need or is cultivated, such a use would be on the create an opportunity for agriculture at any same property and it would clearly be stage of the supply chain (e.g., value-added secondary, because of its limited scale in food and beverage processing and relation to the cultivated area. distribution or retail of agricultural commodities grown in the area). This would also apply to the other types of licences and activities, particularly those Cannabis processing would add value to the that deal with testing and research, again product grown on the same site and would provided cannabis was being cultivated on therefore satisfy this criterion. the same property.
The PPS 2020 also permits on-farm 5.2 THE OAK RIDGES MORAINE diversified uses in the Prime Agricultural CONSERVATION PLAN (2017) Area and defines such uses as follows: As noted in the Township’s Official Plan, Means uses that are secondary to the approximately 15% of the land area in the principal agricultural use of the property,
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Township is within the Oak Ridges Moraine, including poultry and fish, for food, and is subject to the Oak Ridges Moraine fur or fibre, Conservation Plan (ORMCP). c) Aquaculture, The lands subject to the ORMCP are also subject to the Greenbelt Plan, and together d) Apiculture, these Plans build on the Provincial Policy e) Agro-forestry and maple syrup Statement by identifying where production, and urbanization should not occur, to provide permanent protection to the agricultural f) Uses associated with on-farm land base and the ecological and buildings and structure including, hydrological features, areas and functions. i) Livestock facilities, As result, there is a significant amount of overlap with respect to terminology ii) Manure storage structures, between the ORMCP and the PPS 2020. The iii) Value-retaining facilities, ORMCP identifies similar permitted uses and which are of relevance to cannabis cultivation and processing, such as iv) Accommodations for full- agricultural uses, on-farm diversified uses time farm labour. and agriculture-related uses, which are already discussed above. The definitions Agriculture-related uses means farm- for these terms in the ORMCP, included related commercial and industrial uses that, below, while reflecting some minor a) Are directly related to, and compatible differences from those included in the with, farm operations in the surrounding Provincial Policy Statement, nonetheless area and do not hinder those farm communicate a similar intent. operations, Agricultural uses means, b) Support agriculture, a) Growing crops, including nursery, c) Benefit from being in close proximity biomass and horticultural crops, to farm operations, and b) Raising livestock and other animals, d) Provide products or services, or
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both, directly to farm operations as diversified uses and agriculture-related a primary activity. uses are also permitted, but only in prime agricultural areas. On-farm diversified uses means, with respect to a farming operation, uses that 5.2.2 Natural Linkage Areas are secondary to the principal agricultural Similar to the Natural Core Area use of the property, that are compatible designation, the objective of the Natural with and do not hinder the surrounding Linkage Area designation is to maintain, agricultural operations and that occupy a improve and restore the Oak Ridges limited area of the property including, Moraine and its ecological features, as well a) Home occupations, as maintains, improve and restore the Moraine’s open space linkages. This b) Home industries, designation applies to lands that that are natural and open space linkages between c) Agri-tourism, and natural core areas and rivers and streams. d) Uses that produce value-added products. Again, agricultural uses are permitted within this designation, while on-farm The ORMCP divides the Moraine into four diversified uses and agriculture-related land use categories, three of which apply to uses are only permitted in prime the Township: Natural Core Areas, Natural agricultural areas. Linkage Areas and Countryside Areas. 5.2.3 Countryside Areas 5.2.1 Natural Core Areas The Countryside Area designation applies to The Natural Core Area designation applies lands that are buffers between Natural Core to lands that have key natural heritage Areas, Natural Linkage Areas and features that are essential to maintaining Settlements Areas. The objectives of this the Oak Ridges Moraine. The primary designation include promoting and objective of this designation is to maintain, protecting agricultural land uses, while improve and restore the integrity of the maintaining, improving and restoring the moraine and its ecological features. integrity of the Oak Ridges Moraine and its The permitted uses within the Natural Core ecological features. In particular: Areas include agricultural uses. On-farm
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(a) Protecting prime agricultural areas; and (b) promoting and protecting agricultural and other rural land uses and normal farm practices.
Agricultural uses, on-farm diversified uses and agricultural-related uses are permitted within this designation.
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6.0 THE COUNTY OF for on-farm activities, home-based businesses and agri-tourism; PETERBOROUGH The County’s Official Plan requires local OFFICIAL PLAN municipalities within their Official Plans to protect prime agricultural areas for long- The County of Peterborough Official Plan term agricultural use, and only allow (County OP) applies to all lands within the agricultural uses, secondary uses and Township of Cavan Monaghan. The agriculture-related uses (Section 4.3.3.2). Township of Cavan Monaghan’s Official This policy is generally consistent with the Plan must conform to the County of PPS 2020. Peterborough Official Plan. The County OP allows local municipalities to The County of Peterborough Official Plan’s also restrict permitted uses within other goal for rural and cultural landscapes is to agricultural areas to only the uses allowed “preserve and enhance the rural character in prime agricultural areas. In prime of the County as a cultural resource and agricultural areas: ensure the viability of the agricultural industry.” This goal is further supported by Any proposed new secondary uses and numerous objectives that support the agriculture-related uses as defined in the preservation of agricultural lands while Provincial Policy Statement will be encouraging compatible economic compatible with, and will not hinder, diversification, including the following: surrounding farm operations. These uses shall be limited in scale and the local plans To ensure that the agricultural industry will include criteria for the uses. remains viable; Secondary uses are defined as follows in the To preserve prime agricultural soils and County OP: protect farms, where possible, from activities and land uses which would limit Shall include home occupations, home productivity or efficiency; industries and uses that produce value added agricultural products from the farm To encourage compatible economic operation on the property. diversification including greater flexibility On the basis of the above definition,
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secondary uses could be considered on- i. The use shall not have a negative farm diversified uses as per the PPS 2020. impact on the enjoyment and The above policy also indicates that local privacy of neighbouring properties; municipalities must establish limits to the ii. The proposed use will not have a scale of such uses and provide criteria that negative impact on adjacent would include an assessment compatibility agricultural uses and is compatible with the principal agricultural operation with normal practices as set out in and surrounding agricultural lands. an Agricultural Impact Assessment to the satisfaction of the Township 6.1 OFFICIAL PLAN AMENDMENT and the County; #58 – CANNABIS CULTIVATION iii. The proposed use will not cause any AND PROCESSING IN SELWYN traffic hazards or an unacceptable The County’s Official Plan was recently level of congestion on surrounding amended by Official Plan Amendment roads; (OPA) #58 – Cannabis Cultivation and iv. The proposed use can be designed Processing in Selwyn. This OPA allows for and sited to blend in with indoor cannabis cultivation to be permitted surrounding land uses such that the as an agriculture use subject to the passage rural character of the area is of a Zoning By-law Amendment (ZBLA) by maintained; and where necessary the Township of Selwyn. If such a ZBLA were the proposed use can be approved, indoor cannabis cultivation appropriately buffered from would also be subject to Site Plan Control. adjacent uses;
The processing of cannabis may be v. The impact of the noise, odour and permitted as an agricultural-related use, dust generated by the proposed use operating in conjunction with a cannabis on adjacent land uses can be cultivation operation, subject to the appropriately mitigated; passage of a ZBLA and Site Plan Control. vi. There will be no negative impact on the quality and quantity of Before approving a ZBLA, the OPA indicates groundwater and surface water; that Council must be satisfied that:
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vii. Adequate parking facilities are iv. Provides direct products and/or available on the lot for the proposed services to farm operations as a use; primary activity. viii. The use can be serviced with an Outdoor cannabis cultivation is an appropriate water supply and an agricultural use and is required to be set appropriate means of sewage back a minimum of 50 metres from disposal; adjacent lot lines. ix. Stormwater management needs can be met on site; 7.0 CAVAN MONAGHAN x. The signage advertising the use is to OFFICIAL PLAN be designed and located in accordance with the Township's sign The Township of Cavan Monaghan Official by-law; and Plan applies to all lands within the Township xi. The proposed setback from adjacent of Cavan Monaghan. The Land Use policies land uses is appropriate, and in this are separated into three sections that are regard, the minimum setback from consistent with the structure of the lot lines should be at least 150 Township: Settlement Area, Countryside metres. However, a setback that is Areas and Natural Heritage System. appropriate for the site can be The Countryside Area and the Natural established and if it less than 150 Heritage System sections of the Official Plan metres, an Amendment to this Plan broadly permit agricultural uses. will not be required. In addition, in order for it to qualify as an Within the Countryside Area, the following agriculture-related use, the processing of land use designations permit agricultural cannabis must satisfy the following criteria: uses:
i. Is directly related to farm operations The Agricultural designation (Section 5.1), in the area; applies to lands that have a high capacity for agriculture (generally soil Classes 1, 2 and 3) ii. Supports agriculture; and the primary use of lands will be for iii. Benefits from being in close agricultural uses as defined by the PPS. proximity to farm operations; and Additional permitted uses include farm
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related industrial uses that directly service industrial use shall not be approved unless and support the agricultural industry and the proponent demonstrates that: require locations in close proximity to farming operations. i) It is not feasible to locate the use in a settlement area; and, Section 5.1.5 Oak Ridges Moraine (ORM) – Prime Agricultural, is a sub category of the ii) The buildings or structures will be Agricultural designation. This designation planned, designed, and constructed so as includes prime agricultural lands within the not to adversely affect the rural ORM, and permits agriculture, agriculture character of the Countryside Area nor related and secondary uses. adversely impact the ecological integrity of the Oak Ridges Moraine. Section 5.2 of the Official Plan, Rural Areas, states that the predominant use of land In the Official Plan Section 5.3 Recreational, within the Rural designation shall be for lands designated Recreational are intended agricultural uses, in accordance with the primarily for recreation, conservation, Agricultural designation. An objective of forestry or agricultural purposes. While the Rural designation is to: agriculture is permitted, the uses within this designation are primarily related to Encourage rural economic activity that does recreation and conservation activities. not adversely impact agricultural uses and is compatible with rural residential uses. In the Rural Employment designation (Section 5.4), permitted uses include Section 5.2.4 ORM – Rural is a sub category agriculturally related industrial uses, of the Rural designation. The intent of this processing and storage of agricultural designation is to maintain the rural commodities, light manufacturing, character and protect lands from processing of semi-manufactured goods, uncontrolled and scattered development. assembly of manufactured goods, This designation permits the same uses as warehousing, wholesale distribution the ORM – Prime Agricultural, with some centres, transportation terminals, additions. Section 5.2.5.1 states that: accessory professional or business offices and research facilities. Employment uses An application for a small-scale within this designation are encouraged to agriculturally-related commercial or develop on private water supply and
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sewage disposal services. protective buffer zone for Key Natural Heritage Features. Agriculture, agriculture General development policies for this related and secondary uses are permitted designation include that more intensive within this designation. Expansions to activities should be separated from existing agricultural operations are also adjoining sensitive land uses by a minimum permitted if there is no alternative and the of 90 metres and that an analysis should expansion is directed away from the prove a development’s compatibility with Natural Feature and the impact on the existing development and the rural Natural Feature is minimized. character of the surrounding area. Beyond areas with agricultural permissions, Section 5.5 Mineral Aggregate Extractive, the Urban Employment Areas designation only applies to lands that are currently within the Settlement Area (Section 4.6), licenced for aggregate and mineral has potential for accommodating indoor extraction by the Ministry of Natural cannabis cultivation and processing Resources and Forestry. This designation facilities, provided the facilities are does allow for agricultural operations, and designed in a matter that is compatible with any lands that are designated Mineral an industrial context. It is the intent of this Aggregate Extractive but are no longer designation to accommodate new and licenced, are considered to be designated expanded business activities, and to allow Agricultural. for diverse employment opportunities. Both of these objectives have the potential Within the Natural Heritage System section, to be met through the introduction of a the following land use designations permit cannabis facility, which may create jobs and agricultural uses: diversify the employment base within the Section 6.3 Natural Core Areas, notes that Township. this designation applies to lands that have Permitted uses within this designation also significant natural features and functions. lend support to introducing cannabis Under this designation, existing agricultural production facilities within this designation. operations are permitted. Permitted uses include manufacturing, Section 6.4 Natural Linkage Area, applies to assembling, processing, fabricating and lands forming a 120 metre vegetative warehousing, wholesaling and distribution
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facilities. In addition, accessory office uses 8.0 CAVAN MONAGHAN and outdoor storage uses are permitted. ZONING BY-LAW
The Township’s Zoning By-law applies to all lands within the Township. The Agriculture (A) and Rural (RU) zones are the most permissive for agricultural, permitting agricultural uses, agriculture-related uses, agricultural service and supply establishment, farm business and farm greenhouses.
The Natural Core (NU) zone permits agricultural uses and the Natural Linkage (NL) zone permits agriculture uses and agriculture-related uses.
The Oak Ridges Moraine Zones broadly permit agricultural uses, but only the Oak Ridges Moraine Countryside (ORMCO) and Oak Ridges Moraine Rural Settlement (ORMRS) zones permit agricultural related uses.
Open Space (OS) and Future Development (FD) zones permit agricultural uses, however agricultural uses are only permitted in the FD zone where the use legally existed on the effective date of the By-law.
Agricultural uses are permitted within the Recreational Commercial (C3) zone, and
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agricultural service and supply building or to the rear of lots, establishments are permitted within the screened by landscaping or building Rural Employment (M2) zone. placement 8.1 CANNABIS PRODUCTION 9.0 MUNICIPAL BEST FACILITIES PRACTICES Cannabis production facilities are only permitted in Urban Employment (M1) There are several examples of zones. In addition, Cannabis production municipalities in Ontario that have taken facilities are subject to the following steps to regulate cannabis. In some cases, provisions: this means including policies in an Official Plan as well as provisions in a Zoning By-law, • Cannabis production facilities are but there are also a number of prohibited in dwellings and cannot be municipalities that have only included located within 70 metres from: provisions in their Zoning By-laws. § Community centres; The purpose of this section is to provide a § Day care centres; summary of the best practices review § Dwellings; completed for municipalities that regulate cannabis. Below is a review of a number of § Public parks and private parks; Ontario municipalities and their approach and, to regulating cannabis. § Schools.
• No store fronts, onsite retail, outdoor 9.1 TOWN OF PELHAM signage or advertising is permitted Council passed an Interim Control By-law • No part of the facility, including (ICBL) 4046-2018 that applied to all lands storage and accessory use can be within the municipality, except those that located outside are under the Development Permit Control • Cannabis production facilities require Area of the Niagara Escarpment Site Plan approval and loading areas Commission. The ICBL had the effect of restricting the use of all land within the must be located within an enclosed municipality for any cannabis-related land
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uses for a period of one year. On September instruments being proposed to regulate 23, 2019, the ICBL was extended to July 15, cannabis within the community. 2020. During this time, it was intended that the Town would develop an approach to regulating cannabis.
Following the passage of the ICBL, Town planning staff began conducting research on best practices to inform an approach to regulating cannabis in the Town with the intention of bringing forward amendments to the Official Plan and Zoning By-law to implement the recommended approach. In this regard and on September 10, 2019, a statutory Public Meeting was held to CannTrust Facility in Town of Pelham (Source: Google) consider amendments to the Town’s A draft Official Plan Amendment (OPA) and Official Plan and Zoning By-law prepared by a draft zoning by-law amendment (ZBA) the Town to regulate cannabis-related uses. were released on April 17, 2020. Numerous In order to provide advice to the Town on comments were received on these drafts this issue, Council formed an advisory and final versions were prepared in July committee known as the Cannabis Control 2020. Committee (CCC) to provide advice to The purpose of the final OPA was to Council, review options provided by the establish permissions for indoor cannabis Town’s Community Planning and and industrial hemp cultivation in the Development staff and to conduct research. agricultural area, subject to a zoning by-law In order to provide some additional amendment, and to establish the criteria to expertise on developing an appropriate be relied upon when considering such policy and regulatory framework, on applications. The OPA recognized that as a January 13, 2020, the Town of Pelham consequence of the type of product being retained Meridian Planning Consultants to grown in these indoor facilities and the provide professional planning advice on the character of the odour, the potential for planning approach and planning adverse effects from odour is significant
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and that as a first principle, the avoidance There is already a precedent for the of adverse effects is preferred, however, if establishment of setbacks from sensitive avoidance is not possible, adverse effects uses for odour reasons in agricultural areas shall be minimized and appropriately in the form of the Minimum Distance mitigated. Separation (MDS) guidelines established by the Province. However, the MDS guidelines do not apply to cannabis and in the absence of Provincial guidance on this matter, it is up to local municipalities to establish a policy framework to avoid adverse effects, and if avoidance is not possible, to minimize and mitigate adverse effects through setbacks for indoor cannabis and industrial hemp cultivation from sensitive uses.
Ventilation equipment on east side of CannTrust Facility in the Town of Pelham (Source: Google) In this regard, the purpose of the OPA was to do just that, by establishing the study The OPA also recognized that the requirements to determine whether the cultivation of cannabis is an agricultural use avoidance of adverse effects is possible and and is permitted in agricultural areas by the if not, how adverse effects can be PPS 2020, which indicates that all types, minimized and appropriately mitigated sizes and intensities of agricultural uses and through the use of setbacks and other normal farm practices shall be promoted measures on a case-by-case basis. and protected in accordance with Provincial standards. However, in the absence of In this regard, required studies include an Provincial standards on the adverse effects Emission Summary and Dispersion of odour from indoor cannabis and Modelling Report, Contingency Odour industrial hemp cultivation facilities, the Mitigation Plan, Light Mitigation Plan, OPA also recognized that there is a need to Contingency Light Mitigation Plan and control the siting of such uses in relation to Traffic Impact Study. These studies would sensitive uses as a result of the known be in addition to all other required studies adverse effects from the cultivation of typically submitted as part of an application cannabis. for re-zoning.
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The results of these studies are intended to proposed greenhouse is purpose built establish the minimum setback from for cannabis or industrial hemp or sensitive land uses to be included, if already exists; necessary, in the required site-specific zoning by-law amendment and may ii) The size and scale of the proposed establish a maximum size for the facility, if use; it has been determined that the siting of the ii) The proximity and number of sensitive facility can be supported. These studies uses in the area including the may also establish minimum separation potential for additional sensitive uses distances between a proposed facility and on vacant lots that are zoned to any existing indoor cannabis or industrial permit a sensitive use; hemp cultivation facilities, as required, to mitigate adverse effects. iii) The location of the proposed use in relation to prevailing winds; An implementing ZBA was also prepared; the effect of which is to create two new iv) The nature of the adverse effects that zones that would only be applied in the exist at the time in relation to existing future to new indoor cannabis and indoor cannabis and industrial hemp industrial hemp cultivation facilities, cultivation facilities; and, subject to Council approval in accordance with the process and criteria established by v) The impact of topography on the the OPA. dispersion of odour.
In the case of indoor cannabis cultivation It is noted that the ZBA also establishes a and processing in the Town of Pelham, it is 300 metre setback for outdoor cultivation was determined to not be possible to from sensitive uses as well, based on he establish setbacks in advance and include precedent established by the County of them in a zoning by-law because of the Norfolk. Both the OPA and ZBA have been many variables that have to be considered. appealed by the cannabis industry. These include: 9.2 COUNTY OF NORFOLK i) Whether the facility is a greenhouse The County of Norfolk regulates cannabis or an industrial-type building and if a production and processing in the Zoning By- greenhouse is proposed, whether the
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law as well. The County permits cannabis • Mobile home park; production and processing in the Industrial • Park; and Agricultural zones and also includes references the requirement for air • Place of assembly; treatment control, which is different from • Place of entertainment; most of the other Zoning By-laws reviewed. • Place of sports and recreation; It is noted, however, that air treatment control is a requirement of a Federal • Tent and trailer park; licence. The Zoning By-law includes a • Tourist cabin; definition for cannabis production and • processing facility and air treatment Hospital; or, control. • Day care nursery.
A cannabis production and processing In the Agricultural (A) zone, cannabis facility is permitted in the General Industrial production and processing that is equipped (MG), Light Industrial (ML) and Rural with air treatment control is permitted and Industrial (MR) zones, but is required to be is required to be set back a minimum of 150 equipped with air treatment control and be metres from a lot that is within a set back a minimum of 70 metres from a lot Residential, Institutional or Open Space that is within a Residential, Institutional or zone. Open Space zone. However, this minimum When a cannabis production facility that is setback is increased to 150 metres from: not equipped with air treatment control is • A dwelling on a separate lot; situated in the Agricultural (A), General Industrial (MG), Light Industrial (ML) or • Public school; Rural Industrial (MR) zones, a minimum • Private school; setback of 300 metres is required from:
• Place of worship; • A dwelling on a separate lot;
• Campground; • Public school;
• Group home; • Private school;
• Hotel; • Place of worship; • Long-term care facility;
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• Campground; In addition to the above, the Zoning By-law permits a building or structure for security • Group home; purpose to locate in a front yard and is not • Hotel; subject to the yard requirements. In • Long-term care facility; addition, the Zoning By-law prohibits outdoor storage and requires Site Plan • Mobile home park; Control for the establishment of or • Park; expansion to all cannabis production and • Place of assembly; processing facilities. Illumination required for cannabis production facilities is also • Place of entertainment; subject to the lighting facilities regulations, • Place of sports and recreation; as follows:
• Tent and trailer park; Where private lighting facilities, whether • Tourist cabin; internal or external to any building or structure, are provided in any Zone to • Hospital; or, illuminate buildings, structures or uses, they • Day care nursery. shall be designed to be energy efficient, be The above means that any cannabis and directed downwards, and located or processing facility that does not implement arranged to deflect glare away from air treatment control is required to provide adjacent residential uses, streets and the a minimum setback of 300 metres. This night sky and to avoid causing nuisance to minimum setback of 300 metres also adjacent property owners, or any confusion applies to outdoor cultivation, as confirmed with traffic signals. in the County of Norfolk recommendation 9.3 MUNICIPALITY OF CHATHAM- report (DCS 18-38) as follows: KENT The policy now includes provisions for outdoor production, which the previous The Municipality of Chatham-Kent’s Official policy did not contemplate. Should an Plan permits cannabis production in the applicant wish to pursue outdoor cannabis Employment, Agricultural and Rural production, a larger (300 metre) setback Industrial designations. The Official Plan from a sensitive land use will be required. policies indicate that a cannabis production
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facility should not be located within close per three employees or one space per 18 proximity to a sensitive land use, such as square metres of floor area used for office residential, institutional, open space or as (whichever is greater) as well as one space more specifically outlined within the Zoning per 1,000 square metres of area used for By-law. The policies also require that the production. construction of a new cannabis production facility is subject to site plan approval, In addition to the above, the minimum should be located and designed in separation distance and parking accordance with Federal regulations to requirement do not apply to a cannabis mitigate potential impacts including light production facility where the cultivation emissions, air emissions, odour and so forth area is less than 200 m2 (known as micro- and must be registered or licensed with cultivation facilities under the Cannabis Act) Health Canada. or to outdoor cultivation.
The Zoning By-law also permits cannabis 9.4 CITY OF OTTAWA production as-of-right in the Agricultural In 2018, City staff began a review of the and Industrial zones. The following provisions that applied to medical minimum separation distances apply to marihuana production facilities with the buildings and structures: intent of updating the provisions for • Within the General Industrial zone: no cannabis, in accordance with the Cannabis closer than 75 metres to any residential, Act. On June 12, 2019, City staff brought institutional or open space zone forward a recommendation report on the boundary; and, cannabis zoning by-law amendment that recommended that the previous minimum • Within the Agricultural (A1) and Rural setback for medical marihuana production Industrial (MR) zone, no closer than: facilities be increased from 150 metres to o 100 metres to an existing residential 300 metres. Below is the reasoning for the dwelling on a separate lot; or, increase: o No closer to any residential Outdoor cultivation, however, will emit institutional or open space zone strong odours while the cannabis plants are boundary than 100 metres. flowering, whether in a green house or The Zoning By-law also requires two spaces outdoors. For outdoor cultivation a
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minimum separation distance will apply of become a nuisance because of odour or 300 metres from any residential use and fumes. Institutional and Rural Institutional zones. This separation distance is suitable because, In addition to the above, cannabis at a distance of 300 metres, the odour from production facilities are not permitted to outdoor cannabis cultivation should be have any outdoor storage and are not sufficiently diminished that it is not a permitted in a dwelling. nuisance. This separation distance is based 9.5 TOWNSHIP OF HAVELOCK- on Norfolk County’s Zoning By-law, which included the 300 metre distance separation BELMONT-METHUEN standard after inspections of cannabis The Township of Havelock-Belmont- cultivation in outdoor areas. Methuen also regulates cannabis uses in It is noted that the City considers the the Zoning By-law. The Township amended cultivation of cannabis within a greenhouse the definition of Agricultural use to add to be outdoor cultivation, meaning that the ‘shall not include any land, building or 300-metre setback applies to outdoor structure for the growing of cannabis’. In cultivation and cultivation within addition, the Township created a definition greenhouses. for cannabis production facility.
In addition to the above, smaller cannabis The general provisions section of the Zoning production facilities that meet the micro- By-law requires that a cannabis production processor, micro-cultivator, or nursery facility only be permitted on lands that are classification and are contained within a zoned Restrictive Industrial on full building, will be permitted in additional municipal and water services with no other zones with a maximum size of 350 square uses on the same lot. The Zoning By-law metres to provide opportunities for local also applies the following regulations to production comparable to a micro-brewery. cannabis production facilities: These zones include light industrial zones • Minimum lot area: 4,000 m2; and business park industrial zones. • Minimum lot frontage: 45 metres; The Zoning By-law also requires that no cannabis production facility that is contained entirely within a building may
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• Minimum setback from Residential, Town’s Official Plan, but requires a Zoning Institutional Commercial or Open Space By-law Amendment to permit the use as zone: 70 metres. well as Site Plan Control. A minimum setback of 150 metres from adjacent land 9.6 TOWN OF HALTON HILLS uses is required. However, the policy permits a reduced setback if it can be The Town of Halton Hills includes policies in demonstrated that a reduced setback is its Official Plan and provisions in the Zoning appropriate. The minimum 150-metre By-law to regulate cannabis uses. Cannabis setback applies to all lots in the Urban, cultivation and processing is permitted in Hamlet and Rural Cluster Area where a the Agricultural and Rural designation as sensitive land use is present. well as in the Employment Area. The Official Plan contains policies that require an Outdoor cannabis cultivation is permitted applicant to demonstrate that the as-of-right in the Town’s Official Plan and processing of cannabis is an agriculture- the Town’s Zoning By-law, but is required to related use in the Agricultural and Rural provide a minimum 50 metre setback from designations, referring to the 4 criteria set adjacent lot lines. out in the PPS guidelines. The Zoning By-law establishes a cannabis Indoor cannabis cultivation and processing definition for each type of cannabis use is permitted as-of-right in the General licence as defined in the Regulation. Employment Area and Prestige Industrial Cannabis uses are permitted in certain Area designations and is subject to site plan Urban Employment zones, subject to a control. In these designations, indoor minimum setback of 150 metres from cannabis cultivation and processing is sensitive land uses and are required to be required to be set back a minimum of 150 located within a fully enclosed building. metres from a lot that is the site of a child care centre, a private or public school, a The Zoning By-law also requires that all place of worship or other institutional use, loading docks be located entirely within an a residential use, a long term care facility, a enclosed building and establishes a retirement home or a public park. minimum parking requirement for all cannabis uses (except outdoor cannabis Indoor cannabis cultivation is also cultivation) of 1/100 square metres of gross permitted in the Agricultural Area in the floor area.
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9.7 TOWNSHIP OF SELWYN enclosed building and establishes a minimum parking requirement for all The Township of Selwyn includes policies in cannabis uses (except outdoor cannabis the County Official Plan (which functions as cultivation) of 1/100 square metres of gross the local Official Plan) as well as provisions floor area. in the Zoning By-law to regulate cannabis uses. Outdoor cannabis cultivation is 9.8 TOWN OF ERIN permitted as-of-right in the Agricultural and Rural designations, subject to a 50 metre The Town of Erin, through a Council Report setback from lot lines. on October 3, 2017, indicated that it considers cannabis production in a Indoor cannabis cultivation is permitted as- greenhouse as a permitted use in the of-right in the Agricultural and Rural Area Agricultural Area and an Industrial use in designations in the County’s Official Plan. the Industrial Area in its Official Plan. There Indoor cannabis processing may be are no other policies that specifically permitted in the Agricultural and Rural Area address cannabis production in the Official designations in the County’s Official Plan, Plan. However, the Town’s Zoning By-law subject to the 4 criteria as set out in the PPS includes a number of provisions that apply guidelines. Indoor cannabis cultivation and to a cannabis production facility. processing is also permitted in the Industrial designation, subject to a Zoning By-law In the Zoning By-law, a cannabis production amendment to permit the use. Site Plan facility is only permitted in the Agricultural control is also required for any indoor (A), Light Industrial (M1), and General cannabis cultivation and processing. Industrial (M2) or Rural Industrial (M3) zones. The Zoning By-law establishes a cannabis definition for each type of cannabis use If located in the Light Industrial or General licence as defined in the Regulation. A Industrial zones, then a minimum setback minimum setback of 150 metres from of 70 metres is required from residential sensitive land uses is required for indoor zone or use, institutional zone or open cannabis cultivation and processing. space zone. If located in the Agricultural or Rural industrial zones, then a minimum The Zoning By-law also requires that all setback of 150 metres is required from a loading docks be located entirely within an residential zone or use, institutional zone or
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open space zone. site plan control.
The Zoning By-law also requires that a The Zoning By-law requires a minimum of 1 cannabis production facility must be parking space per 100 metres2 of gross located within a wholly enclosed building floor area. In addition, the Zoning By-law and prohibits outdoor storage. A building or requires that loading spaces and storage be structure used exclusively for a security located within a wholly enclosed building guard(s) may be located in the front, side or and only accessible through a rear yard. rear yards. The establishment or expansion Outdoor storage is prohibited. The Zoning of a cannabis production facility requires By-law permits a security building or site plan approval. In addition, the Zoning structure for a security person to locate in a By-law provisions indicate that no minor front yard. variance to the cannabis production facility regulations shall be permitted by the 9.10 TOWN OF BLUE MOUNTAIN Committee of Adjustment and shall only be The Town of Blue Mountains includes dealt with by a Zoning By-law Amendment. provisions in its Official Plan and Zoning By- 9.9 COUNTY OF BRANT law to regulate cannabis production.
The County of Brant regulates cannabis Section B2.12 of the Official Plan permits a through its Zoning By-law only. The medical marihuana production facility on County’s Zoning By-law permits a cannabis lands that are designated Rural production facility as-of-right within the Employment Lands, Urban Employment Agricultural (A), Agricultural Employment Lands and Rural. A medical marihuana (AE), Light Industrial (M2) and Heavy production facility is not permitted on lands Industrial (M3) zones. A building or that are designated as Agricultural or structure used for a licensed cannabis Special Agricultural in the Official Plan. production facility is required to be setback The policies that apply to a medical a minimum of 150 metres from a residential marihuana production facility require a site- zone or use, industrial zone or use or from specific Zoning By-law amendment to an open space zone. All development in permit the use and to establish minimum relation to the establishment or expansion setbacks from sensitive land uses such as to a cannabis production facility requires residential, institutional and open space.
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The policies also indicate that no residential An agricultural production facility or a use is permitted on the same lot and all medical cannabis production site is associated activities are required to be permitted on a lot that is at least 10 within a wholly enclosed building as part of hectares in size. When equipped with air the operation. treatment control, a minimum setback of 150 metres is required from a sensitive land The Zoning By-law includes a definition for use or any residential zone, institutional a cannabis production facility, however the zone or open space zone. This minimum use is not permitted in any zone and no setback is increased to 300 metres for a regulations are included. The Agricultural medical cannabis production site that is not Use definition specifies that ‘an agricultural equipped with air treatment control. use does not include a cannabis production facility’. On the basis of the above, a site- The same setback requirements as specific Zoning By-law amendment is mentioned above apply to industrial required to permit a cannabis production cannabis production facilities. facility and to establish the standards that would apply. The Zoning By-law also requires the following parking requirements: 9.11 TOWNSHIP OF KING • Industrial cannabis production facility The Township of King also regulates and medical cannabis production site: cannabis in the Zoning By-law. The Zoning 1.0 parking spaces for every 37 m2 of By-law includes definitions and regulations gross floor area up to 3,000 m2, plus for Industrial Cannabis Processing Facility, 1.0 for each additional 100 m2 of gross Agricultural Cannabis Production Facility floor area up to 6,000 m2 and 1.0 and Medical Cannabis Production Site. spaces for each 200 m2 over 6,000 m2; Definitions are also included within the and, Zoning By-law for sensitive land use and air • Agricultural cannabis production treatment control, similar to the County of facility: 1.0 parking space for every 37 Norfolk, as well as industrial cannabis m2 of gross floor area. production facility, agricultural cannabis In addition to the above, outdoor storage production facility and medical cannabis and signage and advertising are prohibited. production site. Any building required for security purposes
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for an agricultural cannabis production Interim Control By-law in effect while facility or industrial cannabis production completing a land use study to formulate an facility may be located in the required front approach to regulating cannabis. These yard, subject to a minimum 2.0 metres from municipalities include but are not limited any property line. All development in to: related to the establishment or expansion to an agricultural cannabis production • City of Niagara Falls; facility, industrial cannabis production • Township of Wainfleet; facility or medical cannabis production site • Town of Lincoln; shall be subject to site plan control. • City of St. Catharines 9.12 CITY OF WINDSOR • Town of New Tecumseth and
The City of Windsor also regulates cannabis • Town of Welland production in the Zoning By-law. Cannabis In addition to the above, the City of production is included in the definition of a Hamilton and Town of Caledon are Manufacturing Facility. This means examples of other municipalities that have wherever a Manufacturing Facility is adopted an Official Plan Amendment and permitted then a cannabis production Zoning By-law Amendment, but that were facility is also permitted. The Zoning By-law subsequently appealed to the LPAT. These permits a Manufacturing Facility in 7 of the are discussed further in Section 11 of this 8 existing Industrial zones. Report. The Zoning By-law does not include any specific minimum setbacks from sensitive 10.0 EMERGING TRENDS land uses, however there are minimum yard requirements established for each of the The purpose of this section of the Report is Industrial zones that would apply to a to identify emerging trends and provide an Manufacturing Facility. analysis of the municipalities that were included in the Best Practices Review. 9.13 OTHER MUNICIPALITIES 10.1 OFFICIAL PLAN POLICIES At the time of writing this Report there are also a number of municipalities that have an Of the municipalities that were reviewed as
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part of the Best Practices Review, there are cultivation; however the Pelham zoning by- four municipalities that have Official Plan law requires a 300-metre setback instead. provisions that apply to cannabis uses. These include the Town of Pelham, of The Town of Halton Hills also permits indoor Halton Hills, the Township of Selwyn, the cannabis cultivation and processing in the Municipality of Chatham-Kent and the Employment Area designation. For the Town of Blue Mountains. In each of these Township of Selwyn, the same applies but Official Plans, cannabis uses are permitted within the Industrial designation. Both as-of-right in specific land use designations, Official Plans require a Zoning By-law subject to criteria, which means an Official Amendment to permit the use and it is Plan Amendment is not required. Of the subject to site plan control. municipalities that contain Official Plan In the Municipality of Chatham-Kent, policies, the Municipality of Chatham-Kent indoor cannabis production is permitted is the only municipality that does not within the Employment Area and Rural require a Zoning By-law Amendment to Industrial designation. It is also permitted in permit cannabis uses, which are permitted the Zoning By-law, which means no Zoning as-of-right in certain zones in the Zoning By- By-law Amendment is required to permit law. the use, however the use is subject to The Towns of Pelham and Halton Hills and setbacks. As is the case with Halton Hills and the Township of Selwyn permit cannabis Selwyn, a cannabis production facility in cultivation and processing within the Chatham-Kent is required to obtain Site Agricultural Area and Rural Area Plan Approval. designations (the latter designation does The Town of Blue Mountains Official Plan not exist in Pelham). These Official Plans has not been updated to reflect the also require that an applicant demonstrate terminology of the Cannabis Act. The that cannabis processing is an agriculture- Official Plan permits a medical marihuana related use when it is being proposed as production facility on lands that are such and how it meets the four criteria for designated Rural Employment Lands, Urban agriculture-related uses in the PPS Employment Lands and Rural. However, a guidelines. Both the Halton Hills and Selwyn medical marihuana production facility is not Official Plans require a minimum setback of permitted in the Agricultural or Special 50 metres from lot lines for outdoor Agricultural designations. A Zoning By-law
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Amendment is required to permit the use permit outdoor cultivation of cannabis, it is and it is subject to site plan control. only permitted in the Agricultural or Rural zones. In a number of municipalities, indoor Each of the above Official Plans also require cultivation and/or processing is also a varying number of policies that address permitted in the Agricultural or Rural zones, matters such as compatibility with adjacent subject to certain criteria. land uses, servicing, mitigation of potential adverse effects (odour, noise, traffic), and For the zoning by-laws that permit cannabis setbacks. uses in the Employment zones, the use must be within a wholly enclosed building In addition to the above, the Town of Erin (which in some cases does not include a through a Council Report in October 2017 greenhouse) and typically has specific clarified how cannabis uses are interpreted standards such as those that deal with within the Township’s current Official Plan. setbacks from certain land uses and the In this regard, a cannabis production requirement of site plan control to deal operation in a greenhouse is considered as with specific site design matters. In these a permitted use within the Agricultural Area zones, outdoor cannabis cultivation would designation and as an industrial use within not permitted. the Industrial Area designation. 10.3 DEFINING CANNABIS 10.2 ZONE CLASSIFICATION FOR CANNABIS USES All of the municipalities reviewed permit cannabis uses in some way, either as-of- All of the municipalities that were reviewed right or by requiring a site-specific Zoning in the Best Practices Review classify By-law Amendment. However, there are cannabis uses as being either an agricultural varying approaches to how cannabis uses use or an industrial use in the Official Plan are defined in the Zoning By-laws that were and/or Zoning By-law. In this regard, all of reviewed. The following broad terms were the Zoning By-laws recognize the use in used within the Official Plans and Zoning By- either an Agricultural or Rural Zone or in laws: some type of Industrial or Employment zone. • Cannabis Growing and Harvesting Facility; For the zoning by-laws that specifically
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• Cannabis Production; The Town of Halton Hills and the Township of Selwyn have both introduced 6 cannabis • Cannabis Production Facility; definitions that mirror the types of licences • Cannabis Production and Processing; that are available under the Cannabis and, Regulation, and these include: • Cannabis Related Facility. • Cannabis Analytical Testing Facility; All of the definitions are intended to • Cannabis Cultivation – Indoor; describe the specific cannabis uses that are permitted by the term, which can include • Cannabis Cultivation – Outdoor; any combination of cultivation, growing, • Cannabis Drug Production Facility; processing, testing and packaging of cannabis. Some of the definitions also make • Cannabis Processing Facility; and, reference to the Cannabis Regulation • Cannabis Research Facility. and/or the Cannabis Act, or a previous Based on recent work completed in the legislation as amended. A few of the Town of Pelham, specifically defining each definitions mention that retail sale is not use based on license class may no longer be permitted on the same property. necessary. In some cases, municipalities have updated 10.4 OTHER ZONING PROVISIONS existing definitions such as agricultural use and industrial use to either include or All of the municipalities reviewed in the exclude cannabis uses. For example, the Best Practices Review have implemented a Municipality of Chatham-Kent updated the varying number of specific zoning definition of agricultural use to include a provisions that apply to cannabis uses. cannabis production facility and also Below is a summary of the provisions that updated the definition of industrial use to are most commonly used: include a cannabis production facility, but exclude outdoor cultivation of cannabis. • Minimum setbacks from cannabis uses Another example is in the County of and other land uses, lots or certain Norfolk, where three definitions (farm, zones. Typically the minimum setbacks garden centre and wholesale outlet) were are applied from a residential use or amended to exclude cannabis production zone, institutional use or zone and open and processing.
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space zones and sometimes these uses transportation, light, hydrogeological are referred to as sensitive land uses. requirements and others; and,
• The setbacks appear to range from 50 • Prohibition of retail stores and sales as metres to 300 metres, however 150 well as dwellings on the same property metres and 300 metres appear the most as a cannabis operation. often;
• Separation distance between greenhouses, buildings and structures that are part of a cannabis operation;
• Requirement for a security fence around the premises that require the same setbacks as facilities. It is noted that the presence of a security fence is also a requirement of a Cannabis licence;
• Parking requirements that include a number of spaces based on building size;
• Loading spaces are generally required to be located within a wholly enclosed building;
• Site Plan Control is required in many of the zoning by-laws to address site matters;
• Requirement for mitigation from potential adverse effects such as light, air and odour emissions that may be supported by the submission of certain studies related to odour and dust,
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11.0 CANNABIS FILES AT The purpose of the Zoning By-law amendment was to introduce new THE LOCAL PLANNING definitions into the comprehensive ZBL 05- 200, as amended, most particularly with APPEAL TRIBUNAL respect to a cannabis growing and harvesting facility, and replaced references The purpose of this section of the Report is to medical marihuana throughout the by- to provide an overview of applications that law. The ZBLA also introduced additional are at the LPAT that deal with cannabis regulations for a cannabis growing and regulations. harvesting facility as well as enhanced setback standards from sensitive uses, the 11.1 CITY OF HAMILTON latter being the provisions that largely drew On September 12, 2018, City Council the appeals. adopted a City-initiated Official Plan On May 2, 2019, the first case management Amendment and Zoning By-law conference was held on the appeals to OPA Amendment to regulate cannabis growing 21 and ZBL18-266. LPAT issued partial and harvesting. Below is a summary of the approval for the unappealed portions of LPAT appeal. OPA 21 and the ZBLA. The following policy Issue Date: May 10, 2019 in OPA 21 remains under appeal:
Case No.: PL180818, PL180819 • 4.1.1. d) An appropriate setback between a cannabis production growing Appellants: Red Hill Cannabis Inc. and harvesting facility and a sensitive Subject: OPA 21 and ZBL 18-266 land use shall be established in the Zoning By-law. Municipality: City of Hamilton In addition to the above, the following The purpose of OPA 21 was to revise provisions of the ZBLA that apply to the medical marihuana growing and harvesting rural zones remain under appeal: facility policies to reflect the recent • 12.1.3.1 m) iv) Notwithstanding Section approval of the Cannabis Act and to include 4.12 d), any building, structure used for additional regulations related to the use. a cannabis growing and harvesting
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facility shall be setback a minimum of labour residence, mobile home, 150 metres from: educational establishment, residential care facility, place of o Any portion of a lot line abutting Residential, Institutional worship, day care or park. Commercial and Mixed Use Zones, On December 19, 2019, the second case Settlement Residential (S1), management conference was held with the Settlement Commercial (S2) or purpose of finalizing the issues list and Settlement Institutional (S3) Zone; discussing the scoping of the appeals to a or, site-specific appeal. The Appellant indicated that their Counsel had withdrawn o Any residential dwelling unit existing at the date of the passing and they were seeking new Counsel. The of the by-law, any building used for LPAT ordered a subsequent case farm labour residence, mobile conference meeting to finalize the issues home, educational establishment, list and scope the appeals. residential care facility, place of On February 18, 2020, a third case worship, day care or park. management conference was held with the • 12.2.3.1 m) iv) Notwithstanding Section Tribunal at which time the City noted that 4.12 d), any building, structure used for numerous attempts had been made to a cannabis growing and harvesting finalize the issues list without success. The facility shall be setback a minimum of City indicated that they would be bringing a 150 metres from: motion to the Tribunal to dismiss the appeals on the grounds that the Appellant o Any portion of a lot line abutting has failed and/or refused to comply with Residential, Institutional directions from the Tribunal. In the Commercial and Mixed Use Zones, alternative the City indicated that they Settlement Residential (S1), would be bringing a motion to have the Settlement Commercial (S2) or appeal scoped in order to have the Settlement Institutional (S3) Zone; amendments under appeal brought into or, force throughout the City, save and except o Any residential dwelling unit existing for the Appellant’s property. at the date of the passing of the by- law, any building used for farm
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11.2 TOWN OF CALEDON the amendment were: is growing cannabis a permitted use and what are the On April 23, 2019, Town Council adopted a requirements that need to be met to get Zoning By-law Amendment to regulate necessary permits for the building(s) on site cannabis production facilities. Below is a for the intended activities. summary of the LPAT appeal. Counsel for the Town indicated that the Issue Date: February 18, 2020 issues list appeared to deal with agricultural matters. However, the purpose of the ZBLA Case No.: PL190256 was to update the references to medical Appellants: Kelly Roldo and 1994192 marihuana production facility in the existing Ontario Inc. c.o.b. as L.L.C Farms Zoning By-law to cannabis production facility to reflect the changes in the Subject: ZBLA 2019-27 Cannabis Act. The ZBLA did not propose to Municipality: Town of Caledon allow the use anywhere other than in the industrial zones where the use was already The purpose of the Town-initiated Zoning established and permitted in the Town’s By-law Amendment was to amend Zoning By-law for a medical marihuana comprehensive ZBL 2006-50 to permit and production facility. regulate cannabis production facilities in Prestige Industrial (MP) and service 11.3 COUNTY OF NORFOLK industrial (MS) zones within the Town, by deleting, adding and amending definitions On May 28, 2019, County Council refused a and general provisions to reflect new site-specific Zoning By-law Amendment to legislation and requirements and changing permit a cannabis production facility in the the permitted use in the A2-595 zone to rural area. Below is a summary of the LPAT permit a cannabis production facility rather appeal. than a medical marihuana production Issue Date: February 13, 2020 facility. Case No.: PL190355 The Appellant has applied for and expects to receive a Federal licence to grow Appellants: 1970488 Ontario Inc. cannabis on a property that they lease at Subject: Application to amend Zoning 2049 Highpoint Sideroad. Their issues with
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By-law No. 1-Z-2014 – Refusal of Application Council agreed with Staff’s by the County recommendation and refused the application. Municipality: County of Norfolk A hearing has been scheduled for The proposed privately - initiated Zoning November 20th, 2020. By-law Amendment included a site-specific provision to permit a cannabis production facility located on a property in a rural area. 12.0 REGULATORY The property was previously used for OPTIONS FOR vegetable production and contains a large greenhouse and an existing farm dwelling. CONSIDERATION
The County’s staff report from May 28, The establishment of various cannabis 2019, indicated that rural residential lots to operations throughout Ontario has the east, south and west, and an orchard to highlighted the importance of ensuring that the north surround the property. The adverse effects are considered in the cannabis production processing facility development of an approach to regulating being proposed on the subject property was cannabis at the local level. In particular, located 12 metres from a sensitive land use odour and lighting impacts from larger (single detached dwelling) where the operations need to be considered. As Zoning By-law requires a minimum of 150 demonstrated in earlier sections of this metres for a facility that is equipped with air report, Official Plan policies and/or Zoning treatment control. In addition, the By-law provisions can be crafted to ensure application requested a reduction in the that these factors are considered when a minimum required parking spaces to 9 new cannabis operation is being proposed. spaces, where the Zoning By-law requires a minimum of 62 parking spaces be provided. The Township’s current zoning provisions for cannabis production facilities apply to On the basis of the above, County staff indoor facilities only and are permitted in recommended refusal to County Council on the Urban Employment Zone. There are the basis that the application is not currently no provisions that apply to indoor consistent with the PPS, the County Official facilities elsewhere in the Township. Plan and does not represent good planning.
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A number of regulatory options were policy to require a site-specific rezoning for prepared for consideration that include each cannabis application and would need options to include policies in the Township to establish the criteria/policy test for OP and provisions in the Township ZBL to evaluating rezoning applications, such as regulate cannabis cultivation and setbacks, adequate servicing, and air quality processing. and odour control.
It is our opinion that the inclusion of policies These criteria would be designed to in the Township OP for cannabis cultivation demonstrate that: and processing could provide clarity to staff and producers on where such uses are • The proposed greenhouse or other type permitted and what factors need to be of building will be designed and sited to considered for potential future cannabis blend in with surrounding land uses operations. such that the existing agricultural and rural character of the area is In addition to the above, a number of maintained; options were considered to regulate • The adverse effects of the noise, dust, cannabis uses in the Township ZBL. odour and light from the proposed OPTION A – REQUIRE SITE-SPECIFIC facility on sensitive land uses in the area can be avoided and if avoidance is not ZONING FOR INDOOR CANNABIS possible, minimized and appropriately CULTIVATION AND PROCESSING mitigated, as demonstrated by required studies; Option A would permit indoor cannabis cultivation and processing in the • Sensitive surface water features and Agricultural and Rural designations in the sensitive ground water features in the Township OP, including the ORM sub- area will be protected, improved or designations, subject to certain criteria. restored with consideration given to the taking of water and the generation of Cannabis processing would also be effluent; permitted as-of-right in the Rural • Adequate parking facilities are available Employment and Urban Employment Areas on the lot for the proposed facility and designations, subject to the same criteria. the traffic generated by the proposed The Township OP would need to include a
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facility can be accommodated on area Site Plan Approval would also be required. roads; The Township’s ZBL would also need to be • The proposed facility can be serviced updated, however it would only include with an appropriate water supply and definitions for the types of cannabis uses an appropriate means of sewage and would not permit them in any zones. disposal; This would involve removing a cannabis • Stormwater management needs can be production facility as a permitted use in the met on site; Urban Employment Zone. Since a rezoning would be required to permit the use, this • The waste generated from the facility means that a public process with can be appropriately managed; and mandatory public consultation would also • The proposed setback, as determined be required. by required studies from sensitive land uses in the area is appropriate to avoid, In addition to the above, the Township’s and if avoidance is not possible, ZBL would also need to require a minimum minimize and appropriately mitigate parking requirement for all cannabis uses. any adverse effects. In this regard, the following parking standard is recommended: Policies in the OP would also set out what the study requirements are. These could • 1/100 square metres of gross floor area. include: Odour Emission and Dispersion Given that it is not possible to predetermine Modelling Report, Contingency Odour what the setbacks would be or could, no Mitigation Plan, Light Mitigation Plan, setback requirements would be included Contingency Light Mitigation Plan, within the Township’s ZBL. A 300-metre Agricultural Impact Assessment and, Traffic setback for outdoor cultivation from Impact Study. The results of these studies sensitive uses could also be implemented in would be used to establish an alternative the Township's ZBL, along with express minimum setback from sensitive land uses permission for outdoor cultivation. to be included in the site-specific Zoning By- Meridian Planning Consultants can support law Amendment, if it is determined that the this option, because it establishes a established standard setback is not conservative approach to permitting this appropriate. use.
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OPTION B – CONTINUE TO PERMIT Site Plan Approval would be required for all AS OF RIGHT IN URBAN proposals for cannabis uses.
EMPLOYMENT ZONE IN MILLBROOK Meridian Planning Consultants can support this option, because the use is already This option would apply the same as-of- permitted in the Urban Employment Zone right permissions in the Township OP as and it appears very probable that a described in Option A. minimum 150-metre or greater setback can The differences for implementation would be established. Notwithstanding the above, occur within the Township ZBL. Option B a greater setback may be desirable from the would permit cannabis processing in the new residential area to the south and the Urban Employment zone as-of-right new community centre. provided that a minimum 150-metre OPTION C – PERMIT AS OF RIGHT IN setback from sensitive uses is met. This is consistent with the current approach where URBAN EMPLOYMENT ZONE IN a cannabis production facility is a permitted MILLBROOK AND OTHER RURAL use (however, with a setback being added). EMPLOYMENT ZONES However, the permissions and definitions would be updated as per Option A. Indoor This option is the same as Option B, but cannabis cultivation and processing in the would permit indoor cannabis facilities in Agriculture zone, Rural zone, ORM zones Rural Employment Zones as well, subject to and Rural Employment zone would require a 150-metre setback being maintained. a rezoning application to permit the use as These rural employment zones are located per Option A. to the south of Cavan on County Road 10, to the north and west of the Mr. Pleasant Road Given that the Urban Employment Zone in and Highway 7 intersection, the south side Millbrook is mostly undeveloped and with of Whittington Drive east of Highway 7 and very few sensitive uses in the area (with the extensive undeveloped areas on the Clifford exception of the new community centre to Line, Moncrief Line and extending south the west of the southern extent of the from Brown Line. Urban Employment zone and an emerging residential area to the south), establishing Most of the above areas (with the exception such a use would appear to be feasible. of the lands on the south side of
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Whittington Drive) are undeveloped or under-developed and are generally well setback from sensitive uses. A further review of land uses adjacent to these Rural Employment Zones would need to be carried out to determine if this option can be supported from a land use planning perspective.
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