Township of. Langley. Est December 19, 2013 File No CD BA000005

Transcription

1 Township of Langley COUNCI LLORS OFF ICE OF THE MAYOR JACK FROESE DAVID DAVIS BEV DORNAN STEVE FE RGUSON CHARLIE FOX BOB LONG KIM RICHTER MICHELL E SPARROW GRANT WARD Est December 19, 2013 File No CD BA Bruce Banman MAYOR City of Abbotsford South Fraser Way Abbotsford, BC V2T 1W7 Lois Jackson MAYOR Corporation of Delta 4500 Clarence Taylor Crescent Delta, BC V4K 3E2 Walter Gray MAYOR City of Kelowna 1435 Water Street Kelowna, BC V1 Y 1J4 Re: Medical Marihuana Growing Zoning Bylaw Amendments Township of Langley Zoning Bylaw 1987 No Bylaw No At the December 16, 2013 Regular Evening Council meeting, Council passed the following motion: That Council give third reading to "Township of Langley Zoning Bylaw 1987 No Amendment (Medical Marihuana) Bylaw 2013 No. 5037". CARRIED A copy of Report and Bylaw No are attached for your information. Attachments copy: Mayor and Council Avenue. Langley Brllish Columbia Canada V2Y 3J tolca

2 THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO AMENDMENT (MEDICAL MARIHUANA) BYLAW 2013 NO EXPLANATORY NOTE Bylaw 2013 No amends Township of Langley Zoning Bylaw 1987 No to accommodate a medical marihuana use pursuant to the Marihuana for Medical Purposes Regulations in select industrial zones and areas.

3 THE CORPORATION OF THE TOWNSHIP OF LANGLEY TOWNSHIP OF LANGLEY ZONING BYLAW 1987 NO AMENDMENT (MEDICAL MARIHUANA) BYLAW 2013 NO A Bylaw to amend Township of Langley Zoning Bylaw 1987 No WHEREAS it is deemed necessary and desirable to amend "Township of Langley Zoning Bylaw 1987 No. 2500" as amended; NOW THEREFORE, the Municipal Council of the Corporation of the Township of Langley, in Open Meeting Assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as "Township of Langley Zoning Bylaw 1987 No Amendment (Medical Marihuana) Bylaw 2013 No. 5037". 2. The "Township of Langley Zoning Bylaw 1987 No. 2500" as amended is further amended: a) by amending Section Definitions by deleting the definition of "Medical Marihuana Dispensary Use" and substituting: "Medical Marihuana Use" means the use of any lot for the cultivation, growth, storage, distribution or destruction of marihuana as lawfully. permitted and authorized pursuant to the Federal Marihuana for Medical Purposes Regulations, SOR/ , as amended or replaced from time to time. b) by amending Section Definitions "Commercial Use" to delete the words "medical marihuana dispensary use" c) by amending Section Definitions "Agriculture Use" as follows: a) the growing, producing, and harvesting of agricultural products, but excluding commercial greenhouses and a medical marihuana use d) by amending Section Definitions "Farm" as follows: "Farm" means an individual lot used for the growing, rearing, producing and harvesting of agricultural products, but excludes a medical marihuana use e) by adding as Section 112 the following : Medical Marihuana Areas Subject to any further restrictions set out in Section 700, medical marihuana use is only permitted in the following areas:

4 Bylaw No Page 2 III Aldergrove* ~'-=~r I,,~~ >- -...c.::, ~ " ~ -, ~ CD ~I ;~, r--::: j TI!E1. ~.-- :IIJ"AVE, " i ;>P~'JE " ~

5 Bylaw No Page 3 Gloucester'

6 Bylaw No Page4 Northwest Langley' * Area referred to in Section and Section f) by adding to Section the following: medical marihuana use in compliance with Section 112 g) by adding to Section the following: medical marihuana use in compliance with Section 112

7 Bylaw No Page 5 3. If any part, section, sub-section, clause or sub-clause of this bylaw is, for any reason, held to be invalid by the decision of Court of competent jurisdiction, it shall be severed and the validity of the remaining provisions of this bylaw shall not be affected. READ A FI RST TIME the 02 day of December READ A SECOND TIME the 02 day of December, PUBLIC HEARING HELD the 09 day of December, READ A THIRD TIME the day of, RECEIVED THE APPROVAL OF THE MINISTRY OF AGRICULTURE the day of, RECONSIDERED AND ADOPTED the day of, Mayor Deputy Township Clerk

8 Townsrupof Langley REPORT TO MAYOR AND COUNCIL Est PRESENTED: FROM: SUBJECT: DECEMBER 2, REGULAR 'EVENING MEETING REPORT: COMMUNITY DEVELOPMENT DIVISION FILE: BA MEDICAL MARIHUANA GROWING ZONING BYLAW AMENDMENTS RECOMMENDATION: That Council give first and second reading to Township of Langley Zoning Bylaw 1987 No Amendment (Medical Marihuana) Bylaw 2013 No to restrict the growing of medical marihuana to select industrial zones and areas in the Township of Langley. EXECUTIVE SUMMARY: On June 19, 2013, the federal government enacted the Marihuana for Medical Purposes Regulations (MMPR) and announced its intention to repeal the existing Marihuana Medical Access Regulations (MMAR) on March 31,2014. The MMPR includes a licensing scheme that is intended to allow for larger-scale marihuana production facilities comparable to that in place for other narcotics used for medical purposes. On October 28, 2013 at its Regular Afternoon Meeting, Council approved the recommendations in Report (Attachment A) directing staff to bring forward the necessary bylaw amendments to restrict the growirig of medical marihuana to industrial zones in the Township of Langley. The proposed amendments provide a medical marihuana use definition and restrict that use to select industrial zones and areas of the Township. As the Township of Langley is one of four municipalities (including Kelowna, Abbotsford and Delta), having been 'regulated' through a provincial Order-In-Council in 1997, bylaw amendments within the ALR, must be approved by the Minister of Agriculture, prior to consideration of final adoption by Council. PURPOSE: The purpose of this report is to present amendments to the Township's Zoning Bylaw to provide for and regulate federally licenced medical marihuana grow operations within the Township of Langley.

9 MEDICAL MARIHUANA GROWING ZONING BYLAW AMENDMENTS Page 2... BACKGROUND/HISTORY: On June 1 g, 2013, the federal government enacted the Marihuana for Medical Purposes Regulations, SOR/ g (MMPR - the 'New Regulations') and announced its intention to repeal the Marihuana Medical Access Regulations, SOR/ (MMAR- the 'Old Regulations') on March 31, 2014.The New Regulations implement a licensing scheme that is intended to allow for larger-scale marihuana production, comparable to that in place for other narcotics used for medical purposes. In order to facilitate the transition from the Old Regulations to the New Regulations, both the Old Regulations and the New Regulations are operating concurrently until March 31, During this time, individuals can continue to access marihuana for medical purposes under the Old Regulations or order directly from a licensed producer (upon approval by Health Canada). In light of the pending regulatory changes, on October 28, 2013 at its Regular Afternoon Meeting, Council approved the recommendations in Report (Attachment A) directing staff to bring forward the necessary bylaw amendments to restrict the growing of medical marihuana to industrial zones in the Township of Langley. The Township of Langley has received seven (7) written notifications, as required by the applicable legislation to locate in the Township of Langley, six (6) of which are located within the ALR. Consistent with Council's October 28, 2013 direction, the Township has provided written notification to all of the applicants, as well as Health Canada, indicating the Township's intent to restrict medical marihuana operations in the Township of Langley to industrial areas only. DISCUSSIONIANAL YSIS: As outlined in the October 28, 2013 report, the establishment and licensing of centralized, commercial-scale indoor marihuana production facilities requires the careful consideration of the following Township interests: Land Use: compatibility with residential and other land uses; Servicing: existing infrastructure capacity, compliance with BC Building Code, Fire Code (fire protection - sprinklering), wastewater disposal; Protective Services: Fire Department, RCMP and other emergency services ability to monitor and respond. Considering these factors, the Township'S industrial zones are considered most appropriate to accommodate such production facilities. Zoning Bylaw Amendments Consistent with the above-noted factors, the proposed amendments to the Zoning Bylaw include the following: 1. Add a definition of "Medical Marihuana Use" and remove the existing "Medical Marihuana Dispensary Use" and references "Medical Marihuana Use" means the use of any lot for the cultivation, grow1h, storage, distribution or destruction of marihuana as lawfully permitted and authorized pursuant to the Federal Marihuana for Medical Purposes Regulations, SOR/ g, as amended or replaced from time to time. "Medical Marihuana Dispensary Use" definition removed as under the MMPR marihuana must be sold or provided to users directly through secure shipping only and does not allow for store-front or retail distribution centres. Reference to a Medical Marihuana Dispensary Use in the Commercial Use definition has also been deleted.

10 MEDICAL MARIHUANA GROWING ZONING BYLAW AMENDMENTS Page Amend the definition of agricultural use to exclude a Medical Marihuana Use consistent with Council's October 28, 2013 recommendation, this amendment excludes the defined Medical Marihuana Use from zones (e.g. Rural and Suburban Residential Zones) that currently accommodate an agriculture use (the majority of such zoned lands exist in the ALR). A Medical Marihuana Use has also been excluded from the Farm definition. 3. Add a Medical Marihuana Use as a permitted use in select current Industrial zones: M-1A, M- 1B (and by reference M-2, M-2A, M-2B, M-3, M-4, M-8, M-13) and M-5 Zones; 4. Add maps to the Zoning Bylaw General Provisions Section (Northwest Langley, Gloucester, Aldergrove) that restrict a medical marihuana use permitted in the select Industrial Zones (listed in Item 3) to delineated areas only delineated areas contain appropriate Industrial land use designations outlined in applicable Plans: Official Community Plan (Northwest Langley); Aldergrove Community Plan; and Gloucester Community Plan delineated areas currently accommodate zoned sites (listed in Item 3) delineated areas are within Urban - Service Level 1 pursuant to the Township's Subdivision and Development Servicing Bylaw 2011 No requiring development to provide full urban services sites that are not currently appropriately zoned within the delineated areas would need to identify sites that are designated Industrial within the applicable Plan and submit a rezoning application for the site that will be subject to public input and Council consideration Interdepartmental Implications Should Council give consideration to the proposed Zoning Bylaw text amendments, additional regulatory amendments are anticipated to be brought forward for Council consideration at a future date, including amendments to the Business Licence Bylaw 2001, No and Property Safety Bylaw 2010, No RCMP and Protective Services staff have been integral to discussions and bylaw preparation on this item and concur with the recommended approach. Furthermore staff will be proceeding in an integrated approach to deal with existing licences in the Township of Langley issued by the Federal Government pursuant to the previous Medical Marihuana Access Regulations. Respectfully submitted, Stephen Richardson DIRECTOR, DEVELOPMENT SERVICES for COMMUNITY DEVELOPMENT DIVISION This report has been prepared in consultation with the following listed departments. CONCURRENCES Division I Department RCMP Protective Services Name D. Cooke S. Gamble ATTACHMENT A Report No , dated October 28, 2013

11 Townshlpof Langley Attachment A REPORT TO MA VOR AND COUNCIL Est 1873 PRESENTED: OCTOBER 28, REGULAR AFTERNOON MEETING REPORT: FROM: COMMUNITY DEVELOPMENT DIVISION FILE: SUBJECT: MEDICAL MARIHUANA GROWING REGULATIONS RECOMMENDATION: That Council direct staff to bring forward the necessary bylaw amendments to restrict the growing of medical marihuana to industrial zones in the Township of Langley; and That staff be authorized to advise all parties having notified the Township of their intent to establish medical marihuana operations in the Township of Langley. as well as the federal government, of the Township's intent to restrict such operations to industrial zones only. EXECUTIVE SUMMARY: On June 19, 2013, the federal government enacted the Marihuana for Medical Purposes Regulations (MMPR) and announced its intention to repeal the existing Marihuana Medical Access Regulations (MMAR) on March 31, The MMPR includes a licensing scheme that is intended to allow for larger-scale marihuana production facilities comparable to that in place for other narcotics used for medical purposes. Restricting these facilities to industrial zones is recommended given land use, servicing, and protective services considerations. The federal government has indicated that it will respect local government zoning when determining whether to issue production licences. As such, the Township may elect to adopt an amendment to the Zoning Bylaw that restricts proponents, licensed by the federal government pursuant to MMPR, from carrying out activities in all zones except industrial zones. Having said that, bylaw amendments that may contradict federal regulations in relation to production of medical marihuana, may be challenged in a court of law by a federally licensed producer. Similar regulations have been adopted by municipalities in British Columbia, such as the City of Chilliwack, who recently adopted zoning bylaw amendments to prohibit production of medical marihuana on agricultural lands. In a recent bulletin (copy provided as Attachment A), the Agricultural Land Commission (ALC) stated that farming of Medical Marihuana in the Agricultural Land Reserve (ALR) would be interpreted by the ALC as being consistent with the definition of 'farm use' under the ALC Act, if an owner is lawfully sanctioned by the federal government to produce marihuana for medical purposes. However, the ALC bulletin also stated that not all activities associated with production of medical marihuana, such as testing, research, processing, and packaging, would necessarily be considered as permitted farm use, with such non-farm uses necessitating an application to the ALC for non-farm use permission. Township of Langley is one of four municipalities (including Kelowna, Abbotsford and Delta), having been 'regulated' through a provincial Order-In-Council in 1997, bylaw amendments within the ALR, must be approved by the Minister of Agriculture, prior to consideration of final adoption by Council. PURPOSE: To provide Council with information and a recommendation regarding the growing of medical marihuana pursuant to the new federal regulations.

12 MEDICAL MARIHUANA GROWING REGULATIONS Page 2... BACKGROUND/HISTORY: On June 19, 2013, the federal government enacted the Marihuana for Medical Purposes Regulations, SOR/ (MMPR - the 'New Regulations') and announced its intention to repeal the Marihuana Medical Access Regulations, SOR/ (MMAR- the 'Old Regulations') on March 31,2014. The New Regulations set out a scheme by which Canadians can, with the support of an authorized health care practitioner, possess dried marihuana for their own personal medical use. Under the New Regulations, the only source of dried marihuana will be licensed commercial producers regulated by Health Canada. Individual production licenses will be phased out and individuals with prescriptions for marihuana will be required to purchase their supply directly from a licensed commercial producer. The New Regulations implement a licensing scheme that is intended to allow for larger-scale marihuana production, comparable to that in place for other narcotics used for medical purposes. Under the New Regulations, both individuals and corporations will be eligible to become a licensed producer. Licensed producers must comply with a security directive issued by Health Canada for the storage of controlled substances. The production of marihuana must take place in an indoor nonresidential facility which is not a dwelling unit. Furthermore, marihuana must be sold or provided to users directly through secure shipping only (the New Regulations do not allow for store-front or retail distribution centres). Applicants for licenses to produce have to provide a written notification of their application to the local police force, local fire authority and local government. The notice has to specify the activities for which the license will be sought and the address of the site at which activities would be conducted. The notification must be addressed to a senior official of the local authority. The New Regulation also requires a licensed producer to notify the same authorities when the license is granted, an amendment is approved, the license is suspended or revoked for any reason, or when the license is re-instated. In order to facilitate the transition from the Old Regulations to the New Regulations, both the Old Regulations and the New Regulations are operating concurrently until March 31,2014. During this time, individuals can continue to access marihuana for medical purposes under the Old Regulations or order directly from a licensed producer (upon approval by Health Canada). DISCUSSIONIANAL YSIS: The New Regulation intends to treat marihuana as a medication by establishing a licensing scheme for the commercial production and distribution of dried marihuana for medical purposes. The establishment and licensing of centralized, commercial-scale indoor marihuana production facilities requires the careful consideration of the following Township interests: Land Use: compatibility with residential and other land uses; Servicing: existing infrastructure capacity, compliance with BC Building Code, Fire Code (fire protection - sprinklering), wastewater disposal; Protective Services: Fire Department, RCMP and other emergency services ability to monitor and respond. Considering these factors, and in order to mitigate potential impacts, the TownShip'S industrial zones are considered most appropriate to accommodate such production facilities. Potential impacts, including those related to the environment, such soil and ground water contamination, public health and community safety can be mitigated and better managed, if such operations are restricted to industrial areas, subject to Council approval.

13 MEDICAL MARIHUANA GROWING REGULATIONS Page 3... Since the introduction of the New Regulations, the Township of Langley has received seven (7) written notifications, as required by the applicable legislation to locate in the Township of Langley, six (6) of which are located within the ALR. If authorized by Council, staff will provide written notification to all of the applicants, as well as Health Canada, of the Township's intent to restrict medical marihuana operations in the Township of Langley, to those within industrial areas only. As a result it is recommended that Council direct staff to bring forward the necessary bylaw amendments to restrict the growing of Medical Marihuana to industrial zones. RCMP and Protective Services staff have been integral to discussions on this item and concur with the recommended approach. Additional background / discussion, analysis and recommendations regarding the details of specific amendments will be provided in the subsequent report to be presented to Council with the proposed bylaw amendments. Respectfully submitted, Stephen Richardson DIRECTOR, DEVELOPMENT SERVICES for COMMUNITY DEVELOPMENT DIVISION Attachment A ALC Bulletin, dated August 2013 This report has been prepared in consultation with the following listed departments. CONCURRENCES Division I Department RCMP Protective Services Name D. Cooke S. Gamble

14 Attachment A INFORMATION BUllETIN MEDICAL MARIHUANA PRODUCTION IN THE AGRICULTURAL land RESERVE Updated August 2013 Health Canada has proposed the Marihuana for Medical Purposes Regulation (MMPR). It is expected that the current system of personal use licenses and designated person licenses will be phased out by April 1, In its place, new Federal licenses are anticipated, geared to larger scale production facilities. For further information about the proposed changes see the following websites and Various local governments in British Columbia are looking at their zoning bylaws to determine where these larger scale commercial production facilities should be directed. A number of local governments are considering industrial, commercial and agricultural zones, within purpose built structures and with siting regulations from property lines and residential uses. The Agricultural Land Commission Act and regulations determine land use in the Agricultural Land Reserve (ALR). Due to the number of inquiries from local governments and Medical Marihuana production proponents, the ALC provides this information bulletin with regard to Medical Marihuana production in the ALR. Section 1 of the Agricultural Land Commission Act defines "farm use" as: An occupation or use of land for farm purposes, including farming of land, plants and animals and any other similar activity designated as farm use by regulation, and includes a farm operation as defined in the Fann Practices Protection (Right to Fann) Act. Based on the above definition, if a land owner is lawfully sanctioned to produce marihuana for medical purposes, the farming of said plant in the Agricultural Land Reserve (ALR) is permitted and would be interpreted by the Agricultural Land Commission as being consistent with the definition of "farm use" under the ALC Act. Notwithstanding the farming of land for the production of medical marijuana, not all activities associated with its production would necessarily be given the same "farm use" consideration. Accessory uses associated with the farm use include a small business office, testing lab, processing and drying, packaging shipping areas, cloning room and anything else directly related to the growing and processing of the plant. Determining an accessory use is contingent on the use being necessary and commensurate with the primary function of the property/building to produce an agricultural product. If a land use activity is proposed that is not specifically related to the growing of an agricultural product including a stand-alone research and development facility, an application to the ALC for non-farm use would be required. The ALC would require information with respect to proposed building(s) and the uses within the building before it could provide guidance on whether a particular proposal would be considered consistent with the definition of farm use in its entirety. Proponents are therefore advised to communicate with the ALC in the early stages of developing a farm proposal and in advance of approaching a local government for building permits for a specific property that is within the ALR, to determine whether an application is required for permission under the Agricultural Land Commission Act.

15 INFORMATION BUllETIN MEDICAL MARIHUANA PRODUCTION IN THE AGRICULTURAL land RESERVE Updated August 2013 If a local government is considering changes to a bylaw to regulate the farm use then it is recommended that the bylaw be forwarded to the ALe for review.