The URL can be used to link to this page

2015/01/02SPEC j/v/ ifiref CITY OF ► CANADA PiS � A�ARA FA�� SPECIAL COUNCIl4 MEETING Friday, January 2, 2015 Order of Business and Agenda Package Niagaraa11s SPECIAL COUNCIL MEETING January 2, 2015 PRAYER: Councillor Kim Craitor BY-LAWS 2015-01 A by-law to appoint Ken Todd to take on duties of the City Clerk in his absence. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. REPORTS 4:00 P.M. PD-2015-01 Committee Of Adjustment Applications A-2014-028 and A-2014-029 -AND- The following individuals have requested to address Council on this matter: 1. Bob Nadon, General Manager, Garlund Properties 2, Steven Abbruscato -AND- Communication from Maureen Murphy BY-LAWS 2015-02 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 2nd day of January, 2015. * * * * * CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to appoint Ken Todd to take on duties of the City Clerk in his absence. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Due to the absence of the City Clerk, Ken Todd is hereby appointed Temporary Acting City Clerk for the purposes of the Special Council Meeting of January 2, 2015. 2. The Temporary Acting City Clerk shall have all the powers and duties of the City Clerk under the Municipal Act. 3. The by-law shall expire upon the adjournment of the Special Council Meeting of January 2, 2015. Passed this second day of January, 2015. KEN TODD, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 2, 2015. Second Reading: January 2, 2015. Third Reading: January 2, 2015. PD--2015-01 Niagarraa.\•1113\alls January 2, 2015 C REPORT TO: Mayor James M. Diodati and Members of the Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PD-2015-01 Committee of Adjustment Applications A-2014-028 and A-2014- 029 RECOMMENDATIONS That Council receive this report for information purposes. EXECUTIVE SUMMARY On December 16, 2014 the Committee of Adjustment approved two applications to amend the City's zoning by-laws to allow the addition of the use "nursery" for trees, shrubs and plants to the current General Industrial Zone (GI) in the first application and to the Transportation Distribution Industrial Zone (TDI) in the second application. The decision and planning report are attached. The inclusion of the use "nursery" would provide an opportunity for the growing and processing of the tress and plants in the two respective industrial sites and, if approved, would allow the growing of medical marihuana, subject to the approval of a Federal medical marihuana license. The tests applied by the Committee of Adjustment when dealing with a Minor Variance are as follows: The proposed variance must: (a) Maintain the general intent and purpose of the Official Plan; (b) Maintain the general intent and purpose of the zoning by-law; (c) Be desirable for the appropriate development of the land, building or structure; and (d) Be minor in nature. There is currently planning evidence available to the city to support the contention that each of the proposed variances meets the four tests. If the City were to appeal the Committee of Adjustment, an independent planner would have to be hired. The estimated cost of retaining such an individual is $20,000. January 2, 2015 - 2 - PD-2015-01 If an appeal is to be pursued on the basis that the applications should have been pursued by rezoning, as opposed to Minor Variance, then both matters have to be appealed simultaneously in order for there to be even a modicum of a chance of success. It should also be noted that appealing only one would expose the City to a claim for acting in bad faith. BACKGROUND Staff have reviewed the City's Zoning By-laws and have determined that several zones would permit medical marihuana operations as-of-right as agricultural uses or under the term nursery. Agricultural uses are permitted in an Agricultural (A) zone (By-law No. 79- 200) and a Rural (R) zone (By-law No. 395, 1966 and By-law No. 1538) subject to the regulations of these zones. Medical marihuana operations would also be permitted in the City's Prestige Industrial (PI) and Light Industrial (LI) zones in accordance with By-law No. 79-200 under the term nursery for trees, shrubs and plants which is a permitted use in these zones. Therefore, the nursery use is an established industrial use within zoning. The establishment of medical marihuana operations in the above noted zones would be subject to the regulations of the zone in which they were proposed to be located. Where a greenhouse or nursery is not permitted, a minor variance or zoning by-law amendment would be required. It would be reasonable to consider applications to allow nursery operations in a General Industrial and Heavy Industrial zone since they are already permitted in PI and LI zones. The new Marihuana for Medical Purposes Regulations fall under the Federal Controlled Drug and Substances Act. The Federal government is responsible for issuing licences under the Act. When applying for a licence, an applicant must demonstrate that: • a quality assurance person with appropriate training, experience and technical knowledge is employed to approve the quality of the dried marihuana; • the production site is indoors and not in a dwelling; • the production site includes restricted-access areas that would include all areas where a licenced activity is conducted with marihuana; • access to the production site is controlled at all times and includes a 24/7 surveillance system; • key personnel hold a valid security clearance issued by the Minister of Health; and • the applicant has provided notification of their licence application to the local municipality (including Police and Fire Departments). In addition to the above criteria, an applicant must comply with local government regulations, including Zoning By-laws. In 2013, Council approved resolution 2013-15 pertaining to Health Canada's Marihuana Medical Access Program (the "Program"). The resolution came about due to complaints about residential properties having the legal authority to grow and possess marihuana, albeit for medical purposes. The resolution outlined the forthcoming changes to the program, for April 1, 2014, that would see the production of medicinal marihuana shifted to commercial producers. The program changes were viewed as positive in that no longer would private residences be allowed to have medicinal marihuana production. The existing program had been criticized by law enforcement, fire officials and municipalities for the lack of notification, the January 2, 2015 -3 - PD-2015-01 potential for illegal activities, fire and electrical hazards, health issues and risks of home invasions. Although pleased that there would be notification to municipal authorities, Council was concerned that there was no opportunity for municipal comments, especially regarding the appropriateness of the proposed commercial site. Council's resolution was formally submitted to Health Canada during the public comment period. ANALYSIS/RATIONALE The activities associated with a medical marihuana operations include the growing, processing packaging, and shipping. These activities are consistent with most agricultural operations, specifically greenhouses (since the growing of the crop would take place entirely indoors). The City's Zoning By-laws permit agricultural uses, including greenhouses, and accessory uses on land zoned Agricultural, and Open Space (By-law No. 79-200) and Rural (By-law No. 395, 1966 and By-law No. 1538). By-law No. 70-69 (Humberstone) permits any agricultural use on any lands governed by that By-law. The activities involved with medical marihuana operations would be permitted in these zones as-of-right. Zoning By-law No. 79-200 also permits a Nursery for Trees, Shrubs and Plants in the Prestige Industrial (PI) and Light Industrial (LI) zones. There is no definition of nursery in Zoning By-law 79-200, however, the Canadian Oxford Dictionary defines nursery as "a place where trees, and plants are grown for sale or transplantation." The growing of a plant would include medical marihuana. In addition, both of these zones permit processing and packaging. Accordingly, a medical marihuana operation could establish in a PI or LI zones as-of-right. The attached map shows the locations of PI (pink)and LI (purple)zones. Other Industrial zones, such as General Industrial and Heavy Industrial or TDI (Transportation Distribution Industrial)zones typically contain more intensive industrial land uses and would be appropriate for nurseries, which are permitted in less intensive Industrial zone categories. A nursery is not permitted in these zones, therefore a minor variance would be required to add the use. The zoning process is completely separate and distinct from the licensing process. To become a licensed producer, an applicant must meet all requirements of the new Marihuana for Medical Purposes Regulations, including, but not limited to, obtaining the proper personal security clearances, meeting the physical security requirements for the cultivation and storage areas, including security measures, and submitting a completed licensed producer application. Before submitting an application, a notice that includes the proposed activities to be conducted with cannabis and the address of the site(s) and of each building within the site(s) must be provided to a senior official of the local police, local fire authority and local government. The applicant merely has to provide Health Canada with a copy of these notification letters and to whom they were addressed. There is no requirement for the applicant to relay any comments or concerns articulated by the local officials. Licensed producers are required to comply with all applicable laws, including municipal zoning by-laws, however, the communication on applicable zoning is strictly between the applicant and the municipality. Health Canada does not ask for a statement of zoning compliance from the municipality nor did they incorporate this requirement into the governing regulation. The municipality is responsible for conducting the relevant inspections for compliance with by-laws such as zoning. Health Canada can inspect only January 2, 2015 -4 - PD-2015-01 for compliance with the Marihuana for Medical Purposes Regulations and any related federal legislation. In addition, municipalities cannot stop the licensing process if they disagree with the proposed site of production or any other requirement. Local authorities are to communicate any concerns directly to the production site owner and enforce local legislation and by-laws. The best way to deal with such issues are through an approval mechanism and communication prior to the issuance of licences. As a result, staff is proposing an internal protocol where the Clerk will gather comments from applicable departments (Planning, Building and Fire) and will relay those comments, in writing, to the applicant. The municipality will copy the letter to Health Canada and the local Member of Parliament's office. Planning will comment on whether the proposed location has the applicable zoning. Any modifications or construction activity related to the building in question will be subject requiring a building permit prior to the commencement of any works. Where no construction is proposed, a change of a use permit will be required to verify the proposed structure is constructed in accordance with the Ontario Building Code requirements for the proposed new use. The federal regulations require that any production facility must be indoors for security purposes. As a result, such operations will likely occur in greenhouses on agricultural properties or inside industrial buildings. If the operators want to conduct this kind of business operation in a zone other than an Agricultural Zone or applicable Industrial zone it will require a minor variance or zoning by-law amendment and possibly an Official Plan amendment. As outlined, a licensed producer must meet all requirements of the new Marihuana for Medical Purposes Regulations. Health Canada is the issuer of licences. Commercial production facilities will have to comply with local zoning. The municipality cannot stop the licensing process if they disagree with the proposed site of production or any other requirement, however, local authorities can communicate any concerns directly to the applicant/ production site owner. FINANCIAL IMPLICATIONS Medical marihuana operations would be classified for tax purposes in the same manner as a similar use depending on whether it is situated in an agricultural zone or industrial zone. (i.e. if it establishes in an industrial zone, then it would be classified as industrial; if it establishes as a permitted use in an agricultural zone, then it would be classified as an agricultural use.) Therefore, there are no financial considerations. Recommended by: r�� - \-J Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: 12-41•-)P4AA- Ken Todd, Chief Administrative Officer y-- Industrial versus Residential Zoning in Niagarapflls Niagara Falls, Ontario Town of Magara-On-the-lake 1.'\..'4115 ...A. •.•. L r % I / I r �..,:, - i I • ` - MOUNTAIN RD ` /� ��-' ' ri f VA Al • A1 �— _ i. P / N .„11111111 4,4, i ..„ \ ./7 i- - riamOrrObv ,- W E ;' J: �4.,".i all v�TI'I/``�� S k. ___ _________j �w k U main■■■■..mm. i I �iim� 1 - - +t•u■■■gnan� BEA "° -_ LIAPei MO ..ammo allta._Y .irif 1 'manna ti. /� I _ ��t� ir i =TAP &TIPP , II 10. Billa I mfg tttt.�. L 411 • l" rim ire .:,,,, i„,... ,,,, -,---..,,,. , . ... • F. y___Iiii k7I1Ø .,oes -- / SJT omelets.x L_Yse �11lIk.a.t � �U�;,=tom Y--r Aa. 'W �� 1 ,111.16. - , 4 "f ikiii....s, in 1 r an „ '..>sa.:•,.•.. so To Af& ,4 if 147 .... at,al r Moroni . u 'idook_ < 4.,, g I YIB , 1 g REDONGER RD 5'4' Orval < �w...an.. r �' 1._ BIGGAR IND -j LOGAN B79-200 Zoning El"Extractive Industrial Road GI-General Industrial Canal/Reservoir/River _HI-Heavy Industrial Q Other Municipality —LI-Light Industrial United States of America Q LI-H-Light Industrial(Holding) —— International Border-U.S.A. _PI-Prestige Industrial Municipal Boundary ©PI-H-Prestige Industrial(Holding) ——- Urban Area Boundary R-Residential TDI-Transportation Distribution Industrial K.\GI$Requestsl201a1Cuslom'Plannulg,ReapalnZoning.map December 2014 Niagarapalls Final Day for Appeal: January 5, 2015 Re: Committee of Adjustment Application No. A-2014-028 Garlund Properties Inc. 5855 Garner Road Attached is a certified copy of the Decision of the Committee of Adjustment for the City of Niagara Falls in the matter of an application under Section 45 of the Planning Act, (R.S.O. 1990) Chap. P. 13, in respect to the subject property. A copy of Subsections 12 and 18 inclusive, Section 45 of the Planning Act, is enclosed. Subsection 12 provides that a person may appeal the decision of the Committee within 20 days of the date of decision. A person wishing to appeal the Committee's decision must do so by serving personally or sending written notice of appeal together with the required OMB appeal form Al found on the OMB website www.omb.gov.on.ca/encllish/OMBlnformation/OMB Forms Bill 51.html by Registered Mail, outlining the reasons for objecting to the application, accompanied by payment of the Ontario Municipal Board (OMB) fee in the amount of$125.00 for each appeal to: Secretary-Treasurer Niagara Falls Committee of Adjustment 4310 Queen Street Niagara Falls, ON L2E 6X5 The appeal must be received by the Secretary/Treasurer of the Committee of Adjustment no later than the final date of appeal. The original notice of appeal, as received, together with the appellant's payment of the OMB fee, shall be forwarded by the Secretary-Treasurer to the OMB. Cheques or money orders are to be made payable to the Treasurer of Ontario. If within 20 days no notice of appeal is given, the decision of the Committee is final and binding. For your convenience, the last day for appeal referred to herein has been noted at the top of this letter. The applicant and/or agent will receive written notice whether or not an appeal has been lodged. Y urs truly, �.. c. 6- AUL-C-1"--) Susan Scerbo Secretary-Treasurer Committee of Adjustment S:\COMMITTEE OF ADJUSTMENT\CofA2014\Garlund.028\Final Day for Appeal.wpd 1� Planning, Building&Development Ext 4239 Fax 905-356-2354 Working Together to Serve Our Community sscerbo@niagarafallsca y "kap*" 4310 Queen Street,P0.Box 1023,Niagara Falls,ON,Canada L2E 6X5 905-356-7521 www.niagarafalls.ca Niag araa11s DECISION OF THE COMMITTEE OF ADJUSTMENT IN THE MATTER OF Section 45 of the Planning Act, (R.S.O. 1990); and File: A-2014-028 IN THE MATTER OF: NAME: Garlund Properties Inc. ADDRESS: 5855 Garner Road DESCRIPTION AND LOCATION OF SUBJECT LAND: For the property municipally known as 5855 Garner Road, legally described as Part Township Lot 136 and Part Township Lot 138 as in R0478414, Stamford, in the City of Niagara Falls. NATURE AND EXTENT OF RELIEF APPLIED FOR: The applicant is requesting the Committee to permit a nursery for the growing of trees, shrubs and plants on the subject property located within a Transportation-Distribution Industrial(TDI)zone. DECISION: Granted, pursuant to the provisions of Section 45 of the Planning Act, R.S.O. 1990. REASON(S): The application maintains the general intent and purpose of the Official Plan, maintains the general intent and purpose of the Zoning By-law, is desirable for the appropriate development of the land, building or structure; and is minor in nature. CONDITION(S): MEMBERS CONCURRING IN DECISION: 111 , i 7 I hereby certify this to be a true and correct copy of the Decision of the Committee of Adjustment for the City of Niagara Falls and this decision was concurred in by the majority of the Members of the Committee. DATE OF DECISION: December 16, 2014 s" Chairman DATE OF MAILING: December 18, 2014 FINAL DATE OF APPEAL: January .5 2015 �,,.: Secretary/Treasurer Planning, Building&Development Ext 4239 Fax 905-356-2354 sscerbo@niagarafalls.ca Working Together to Serve Our Community 4310 Queen Street,P.O.Box 1023,Niagara Falls,ON,Canada L2E 6X5 905-356-7521 www.niagarafalls.ca REPO"TO THE COMMITTEE OF ADJUP—NIENT City of Niagara Falls FILE NO. A-2014-028 NAME OF MUNICIPALITY HEARING DATE December 16, 2014 NAME OF APPLICANT Garlund Properties Inc. SUBJECT PROPERTY 5855 Garner Road PROPOSAL The applicant is requesting the Committee to permit a nursery for the growing of trees, shrubs and plants on the subject property located within a Transportation-Distribution Industrial (TDI)zone. A. OFFICIAL PLAN: Industrial DOES THE PROPOSED RELIEF FROM THE BY-LAW MAINTAIN THE GENERAL INTENT AND PURPOSE OF THE OFFICIAL PLAN? YES X NO The primary uses permitted in Industrial areas are various forms of industry. Several categories of industrial land uses are established in the Zoning By-law to accommodate a variety of industrial activities ranging from heavy to prestige use. Lighter, more prestige type industries are to be located near residential areas and other sensitive land uses. B. ZONING BY-LAW: Transportation-Distribution Industrial (TDI), in accordance with Zoning By- law No. 79-200, as amended. DOES THE PROPOSED RELIEF FROM THE BY-LAW MAINTAIN THE GENERAL INTENT AND PURPOSE OF THE ZONING BY-LAW? YES X NO The TDI zone permits a variety of industrial uses that involve the handling and distribution of goods on a large scale. Although nurseries can be large in scale, they are permitted in the Prestige Industrial and Light Industrial zones which are typically located near residential areas. Since a nursery is a lighter use than the industrial uses permitted in the TDI zone,the request to allow a nursery on the property does not undermine the intent and purpose of the Zoning By-law. C. DESIRABILITY: IS THE PROPOSAL DESIRABLE FOR THE APPROPRIATE DEVELOPMENT OR USE OF THE LAND, BUILDING OR STRUCTURE? YES X NO The subject property is occupied by a 14,400 square metre building that was last used for mixing and packaging powdered drinks and sugar.The vacant building provides the space required for the proposed use. The subject property abuts a campground to the south and west,a railway line followed by a stormwater management and park block to the north,and several small commercial uses and another campground to the east. • D. MINOR IN NATURE: IS THE PROPOSAL CONSIDERED MINOR IN NATURE? YES X NO A nursery is a lower intensity use than the uses already permitted on the property.The requested variance to add a nursery as a use within the existing building is minor. RECOMMENDATION: The application,A-2014-028 by Garlund Properties,be approved as it maintains the general intent and purpose of the Official Plan, maintains the general intent and purpose of the Zoning By-law, is desirable for the appropriate development of the land, building or structure;and is minor in nature. DATE: December 12, 2014 SIGNATURE: NAME: Alex Herlovitch TITLE: Director of Planning & Development AH:ss S:\COMMITTEE OF ADJUSTMENT\CofA2014\Garlund.028\Report.wpd i iaga raaalls DATE OF MAILING: December 1, 2014 APPLICATION NO: A-2014-028 COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC MEETING The Committee of Adjustment for the City of Niagara Falls has received an application from Garlund Properties Inc. (c/o Bruce Peters and Henry Muller), Agent — Thomas A. Richardson (Sullivan Mahoney LLP), for the property municipally known as 5855 Garner Road, legally described as Part Township Lot 136 and Part Township Lot 138 as in R0478414, Stamford, in the City of Niagara Falls (see surveyor's sketch on reverse side). A public meeting is scheduled to take place on Tuesday, December 16, 2014 at 5:00 p.m. in Committee Room 2 at City Hall for the Committee of Adjustment to consider this application. The applicant is requesting the Committee of Adjustment to consider a minor variance from the permitted uses of Zoning By-law No. 79-200, through a process permitted by Section 45 (1) of the Planning Act (R.S.O. 1990, c.P.13). The applicant is requesting the Committee to permit a nursery for the growing of trees, shrubs and plants on the subject property located within a Transportation-Distribution Industrial (TDI) zone. All interested persons are invited to attend this meeting to find out more about this application and offer comments. The application and the plans for the relief requested may be viewed in the Planning Department between 8:30 a.m. and 4:30 p.m., Monday through Friday prior to the meeting. If you do not attend the hearing, the Committee can proceed with the application, and make a determination in your absence without any further notice to you. If you, or a representative acting on your behalf, are unable to attend the hearing, you may submit a letter expressing your concerns about the application in advance of the hearing addressed to the Secretary/Treasurer, and you may request a copy of any further notice or decision concerning this application. For more information please contact Sue Scerbo, Secretary Treasurer Committee of Adjustment, at (905)356-7521, extension 4239 or email at sscerboCo�niagarafalls.ca Susan Scerbo Secretary-Treasurer Committee of Adjustment S\COMMITTEE OF ADJUSTMENT\CofA2014\Garlund.028\Public Notice-A2014028 docx N d et ry X �I 0I �//�� `s1{ i " TT. (41$ mit,1!; o NI. , ; a lig.v 1 i 1v S i}aiie di Y y $ ��"i R iligaNIV i ! ! i q Ili pii 'rat 1 its �!1,114 I Illi i 4 ' d X4 1 4' +P lit! g i 1 1 P 14,:: 3P§e I® i ptl1 ,. pc I I 'f- _ _ h i . gi ?. g Ili" ? aea — — . . illi 1:114 o o `y 'o0 .§9999991 + } i g — Lk I Hi 47 i g .A , I .. .� -. I * N11 44 +moi. S.., ,t''' ' y 'lila / / .''=1} ,11.:".. r II + 7 ill .\ \ `.�� //4,, � � I '" W 1 CD • / • ,....i......„. 10 i / §"2 / / i �. �I I I i= ' it 1 u. d ''''' '''''k\ . \IA/ e_ AYMIIYN MA tiilir 1�� &.Ane°,:...00° p of E 1 414.405 11 1 ii !!hdl i gg gg I i 14 i , E F ay3ae G y @a `i,� w4 •7'X571 "If s 3i r1 i'I% @ t is Qfi(e4I o g gnix 1 [ '� b gs-PT hjh d 4 p 1 9 ° ,_ i . :aali 61 5 a : Ie d 2 11 8 ; A li�� : r , std �o � ��Sy� a°j � g , as I4 Fxs ol �.��a pc p p p tic / w, pg Y F g II 11.y g b y ! 3 ` i Ayp" Nil '�p 13 a -i 1 C d T 11 C1 "e 1110 i ii ll .1 1 -111 3 0 .,44111r--/ epi BB c 3 qq�Qdy111 ppp y :p� aGc cI 1c �c c �pc d. u: c ►c pccc I9. 111 ie F 11 8 ilk! 11 9@p 8591113'113 .11 a I"3 lig hi aiiilli 4 $;11 irl PO O 4 11101 9 s . ., :a a :aa: a as 3 a 1 Page 1 of 1 N At i -� ....-^r i',1,',''''.:,",'-','::',,,'..-_.-3 ,''',7:',--1-', AVERDAMs �a 1 r , ,_ 9. `1.4-7-1- di � ____ _:�.F4VEitbAMS.RD=-=-. ..L r k III - ' :„, _,!.., VE�o - i , ., .....2,-5----t .. . . .. ...A, 70 \ 1r*- :117,,;„ r. . ...,,.../..;-..,ii . lib • /al • fir 0 `� �. .72,„.:.___.,...—....____.._...._7_.__.4 Isaw IGHt t:S 1- -. i1 is M A ap i X r ,,., n ..4 OW __ _ t7 _ • +. —_._. .--�, ��_ _ __ - --"' • Q , ,._1..4 i �- `1 Sys _ — s �,,.:"...— F t- - 1 .1. 1 , _ . I_ , i ., , $c . /(- o2''S/.`G' g' https://www.fallsviewer.ca/print/6f590ea3-d279-432d-ae54-601 a960b64c0.png 12/01/2014 Niagara a11s Final Day for Appeal: January 5, 2015 Re: Committee of Adjustment Application No. A-2014-029 Ricky Pilutti, 4431 Victoria Avenue Attached is a certified copy of the Decision of the Committee of Adjustment for the City of Niagara Falls in the matter of an application under Section 45 of the Planning Act, (R.S.O. 1990) Chap. P. 13, in respect to the subject property. A copy of Subsections 12 and 18 inclusive, Section 45 of the Planning Act, is enclosed. Subsection 12 provides that a person may appeal the decision of the Committee within 20 days of the date of decision. A person wishing to appeal the Committee's decision must do so by serving personally or sending written notice of appeal together with the required OMB appeal form Al found on the OMB website www.omb.gov.on.ca/english/OMBlnformation/OMB Forms Bill 51.html by Registered Mail, outlining the reasons for objecting to the application, accompanied by payment of the Ontario Municipal Board (OMB) fee in the amount of$125.00 for each appeal to: Secretary-Treasurer Niagara Falls Committee of Adjustment 4310 Queen Street Niagara Falls, ON L2E 6X5 The appeal must be received by the Secretary/Treasurer of the Committee of Adjustment no later than the final date of appeal. The original notice of appeal, as received, together with the appellant's payment of the OMB fee, shall be forwarded by the Secretary-Treasurer to the OMB. Cheques or money orders are to be made payable to the Treasurer of Ontario. If within 20 days no notice of appeal is given, the decision of the Committee is final and binding. For your convenience, the last day for appeal referred to herein has been noted at the top of this letter. The applicant and/or agent will receive written notice whether or not an appeal has been lodged. Yours truly, Lk. .l,- .-tZ.LLL) 'Susan Scerbo Secretary-Treasurer Committee of Adjustment S:\COMMITTEE OF ADJUSTMENT\CofA2014\Pilutti.029\Final Day for Appeal.wpd Planning, Building&Development -2354 Working Together to Serve Our Community Ext 4239 Fax araf905lls ca sscerbo@niagarafalls.ca �.' 4 10 0 ee Street PO.Box 1023 Nia ara Falls ON Canada L2E 6X5 905-356-7521 www.niagarafalls.ca Niagaraa1Js DECISION OF THE COMMITTEE OF ADJUSTMENT IN THE MATTER OF Section 45 of the Planning Act, (R.S.O. 1990); and File: A-2014-029 IN THE MATTER OF: NAME: Ricky Pilutti ADDRESS: 4431 Victoria Avenue DESCRIPTION AND LOCATION OF SUBJECT LAND: For the property municipally known as 4431 Victoria Avenue, legally described as Lots 2, 16 & 17 and Part of Lots 1 & 18 (on the south side of Hamilton Street) and Lots 1, 2, 3, 4, 5, 6, 14, 15, 16& 17(between Hamilton Street and Pine Street)and Pine Street(closed by by-law)and Hamilton Street(closed by By-law), Registered Plan 280, in the City of Niagara Falls. NATURE AND EXTENT OF RELIEF APPLIED FOR: The applicant is requesting the Committee to permit a nursery for the growing of trees, shrubs and plants on the subject property located within a General Industrial (GI) zone. DECISION: Granted, pursuant to the provisions of Section 45 of the Planning Act, R.S.O. 1990. REASON(S): The application maintains the general intent and purpose of the Official Plan, maintains the general intent and purpose of the Zoning By-law, is desirable for the appropriate development of the land, building or structure; and is minor in nature. CONDITION(S): MEMBERS CONCURRING IN DECISION: • 11111111111 C Ailr.e.e4e•C> I hereby certify this to be a true and correct copy of the Decision of the Committee of Adjustment for the City of Niagara Falls and this decision was concurred in by the majority of the Members of the Committee. • DATE OF DECISION: December 16, 2014 Chairman DATE OF MAILING: December 18, 2014 FINAL DATE OF APPEAL: January 5, 2015 ;,..,�' Secretary/Treasurer Planning, Building&Development Ext 4239 Fax 905-356-2354 sscerbo@niagarafalls.ca Working Together to Serve Our Community ' „',` • '••• • • •► _sr• . _2 6X5 05-3 6-7521 ww .nia•arafalls.ca REPORT TO THE COMMITTEE OF ADJUSTMENT City of Niagara Falls FILE NO. A-2014-029 NAME OF MUNICIPALITY HEARING DATE December 16, 2014 NAME OF APPLICANT Ricky Pilutti SUBJECT PROPERTY 4431 Victoria Avenue PROPOSAL The applicant is requesting the Committee to permit a nursery for the growing of trees, shrubs and plants on the subject property located within a General Industrial (GI)zone. A. OFFICIAL PLAN: Industrial DOES THE PROPOSED RELIEF FROM THE BY-LAW MAINTAIN THE GENERAL INTENT AND PURPOSE OF THE OFFICIAL PLAN? YES X NO The primary uses permitted in Industrial areas are various forms of industry. Several categories of industrial land uses are established in the Zoning By-law to accommodate a variety of industrial activities ranging from heavy to prestige use. Lighter, more prestige type industries are to be located near residential areas and other sensitive land uses. B. ZONING BY-LAW: General Industrial (GI), in accordance with Zoning By-law No. 79-200, as amended. DOES THE PROPOSED RELIEF FROM THE BY-LAW MAINTAIN THE GENERAL INTENT AND PURPOSE OF THE ZONING BY-LAW? YES X NO The GI zone permits the widest range of industrial uses. Nevertheless, it does not permit a nursery for the growing of trees, shrubs and plants. Nurseries are a low intensity uses which are permitted in the Prestige Industrial and Light Industrial zones. Since a nursery is lighter than the industrial uses permitted in the GI zone, the request to allow a nursery on the property does not not undermine the intent and purpose of the Zoning By-law. C. DESIRABILITY: IS THE PROPOSAL DESIRABLE FOR THE APPROPRIATE DEVELOPMENT OR USE OF THE LAND, BUILDING OR STRUCTURE? YES X NO The subject property is occupied by a 2,787 square metre building that has been vacant for many years.The re-use of the building would be desirable. Surrounding properties are a mix of railway lands, and industrial, commercial and residential uses. D. MINOR IN NATURE: IS THE PROPOSAL CONSIDERED MINOR IN NATURE? YES X NO A nursery is a lower intensity use than the uses already permitted on the property. The requested variance to add a nursery as a use within the existing building is minor. RECOMMENDATION: The application,A-2014-029 by Ricky Pilutti,be approved as it maintains the general intent and purpose of the Official Plan, maintains the general intent and purpose of the Zoning By-law,is desirable for the appropriate development of the land,building or structure;and is minor in nature. DATE: December 12, 2014 SIGNATURE: NAME: Alex Herlovitch TITLE: Director of Planning & Development AH:ss S:\COMMITTEE OF ADJUSTMENT\CofA2014\Pilutti.029\Report.wpd Niagaraanlls DATE OF MAILING: December 1, 2014 APPLICATION NO: A-2014-029 COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC MEETING The Committee of Adjustment for the City of Niagara Falls has received an application from Ricky Pilutti, for the property municipally known as 4431 Victoria Avenue, legally described as Lots 2, 16 & 17 and Part of Lots 1 & 18 (on the south side of Hamilton Street) and Lots 1, 2, 3, 4, 5, 6, 14, 15, 16 & 17 (between Hamilton Street and Pine Street) and Pine Street (closed by by-law) and Hamilton Street (closed by By-law), Registered Plan 280, in the City of Niagara Falls (see surveyor's sketch on reverse side). A public meeting is scheduled to take place on Tuesday, December 16, 2014 at 5:00 p.m. in Committee Room 2 at City Hall for the Committee of Adjustment to consider this application. The applicant is requesting the Committee of Adjustment to consider a minor variance from the permitted uses of Zoning By-law No. 79-200, through a process permitted by Section 45 (1) of the Planning Act (R.S.O. 1990, c.P.13). The applicant is requesting the Committee to permit a nursery for the growing of trees, shrubs and plants on the subject property located within a General Industrial (GI) zone. All interested persons are invited to attend this meeting to find out more about this application and offer comments. The application and the plans for the relief requested may be viewed in the Planning Department between 8:30 a.m. and 4:30 p.m., Monday through Friday prior to the meeting. If you do not attend the hearing, the Committee can proceed with the application, and make a determination in your absence without any further notice to you. If you, or a representative acting on your behalf, are unable to attend the hearing, you may submit a letter expressing your concerns about the application in advance of the hearing addressed to the Secretary/Treasurer, and you may request a copy of any further notice or decision concerning this application. For more information please contact Sue Scerbo, Secretary Treasurer Committee of Adjustment, at (905)356-7521, extension 409 or email at sscerbo@niagarafalls.ca LA,u-v Susan Scerbo Secretary-Treasurer Committee of Adjustment S:\COMMITTEE OF ADJUSTMENT\CofA2014\Pilutti.029\Public Notice-A2014029.docx 0 T — L N tit • S La cc _ z �' U f� 11 iIO fn< .. 5 r w z C uwi Q '� o ' W d t a l0 a cL ,I, CO m N w I v 1n a o o 1"a Z -N m � 9Z CO 2 2- o, I ,� T z , w • m o En ^ 00 W N O Z anN3nv vlaololn Z 0 p V z C L a M CCZLLF o J a9 7 a • cl Y▪ W `�N� W a W W��r m ~m + .. of 8s, w co 5 .— '--fa CO �� F--O 0�j NoLL CI aai. g U 1- o N NJ Z2 "' u Ooo glIw d! aa'- .2 Zoo ell`1-`-' V §LL NJO— ? wi t12 1O = Q �o z cai� ' Z 1- d= - _ H 61 1 _1L._ a- aa f co _1 0c 1o_ oN moo° �' 'q LI 1 , a%� }'t. m .. 1 I i I I i i i O ! I VICTORIA AVENUE (gE2800N 81,O C. 1643/82)Y-Law 4 64 ,moi N2'26'W .h�'L N.6y ,440,ilkP. 9 36.74 , 32 - ' (.4 Y' N729'W 129.958 -, ____.T PART 20 / \T / I I n \\ , 178 8 Be '�`yM1'1,.� / I �,I / •o �PART1 / 41µt � AREA !=1.901 Ha. v`y��.l, 1 II, //Q '�/� „ P Ifo/ ART 9 7� 9 .!sle �� a6 // 2 1 1 i 17 i 16 t �1., . 54 I a^f�', (/I" / ��tt ,e,;),,-/ /„ a f �� 9 n R4T db Qt 1 „1 ✓d 117,Ph'10605-./ ��;>'� / I 1 '� Z., ✓ 1 //4 � Lt± 3, 1 j,`�`.. -,1'4,'L.1ARTI ,,/4" 4, 1 i i14 ,O,I,Ie 1¢,,;,}'I"'' '�{.la*f-earth of chestnut St w Yf'. 5- 1/� ii I 5 ,.:41 99R�,: i' =-- 1 1118 I0 �r'�4 ', ' �� FIRST AVENUE CI 1. Or ri--1 m 1 t . m ' 1 Q C 1 I .�, A --.4 .-.1,:i C44c--%:.--1-- N 1 I 14- ad o// ^, t _J-�I o ' I h //N I L�� /// p I .- I\.N I I I 11 v 1 et I I 9 J • // O1 1 1 ^QI I 1 I N Ic i4 S _I 1 pK 6 Page 1 of 1 /' N e , I°`, s. ,..,. ,•4 ;"-.• .';,., ._,„ . 1 . 'L-, '''',- St, '''-4-':-.-e'•:.'i'''' 19412 --, - -•--, N V.O.:,1,.ivi...,,v:--3-170,r- ',";'1 ti./-* ,_,,. •- 7 . V.SF,,,-,?:„.,:.,r,7,10;-• •'-,--':-,.,•'- „... I NN44110' 14t' N • < '`) i,. -4) • r.-—....,„,,,:,,, 4,to • Er- ......_ .......... . —,—:__ :,_.:----,...-L—,.-.—,---,--r.41. iit„i,----• \'‘, ----- 4.1 '''L' '''' ,,.:. ...,, . ....... :..._= x ,, —.... ....,... ....... ,.., ..,, „,,, , uil== ----,-.7., -2 ;Az ..--• .1.-7.-- :.-= : 1. \,-, . - ,, ,... '1"."' 75 . — 4 - '".* ...:-.- -I ilii\ ' s,.'''' '., IN .,.... 'ii, In it,''i.ti,24..i li ill: . I 1 \ 1...--1 mils. •V ,,, ..... • '. % == 11.... • .:,..:. . - ...,- , , , 1, ..:z= =IN --— —= "-- '- • .... ,, CO ' t -= =0 =,..-,=.• =or ot• 1, _ /3 . lot -Mb iii, 0111;-.. al sub . " t • t.,! ',- Aiii •• I * ] 1 Ei 11111, ,..1 II r ill . All' 11,1!1 i 1 i mem.:,......!; ..*ffin How , No 0.0"-• ant wo.UM; ___ 1 SWAN; Zr."4".. ....".{1•1{1 • * 1.41i6 OP , =..' = .._!!'2: '21:".. ""S= -..._eilli II". '' i.'. ...—7 3,-- - -E .,..-, ... :,.--, -:-..-,— -. ,- .. ......0 a = 6 J i r--- r a 1111 Ai 'qt., . . ,. .., ,,,... ...„ ,.. e., , ...., „, ,..., ii: . ., ._,.. —iu f------,L .11 - *ill la' il 1 III 1 I Is t. ll :a.: /Jr" I- 1 ,..„— ....... _ 1 -1 , , . 1 : ti - - . it i i u ' . .....;S" ,-.-:..7.,--. ::::-...-1- - 4dit ...: our i = • . t , . t.14 'Illii I 1 . ..t. . i . .,:--:t m' i I.11-• .1--1%-.. F.-:1 14: 1Ut' i.41 , , i .,. ., r„. 71:-., -,-. -7 ztil,t 4.•,.,. - - •,..! • ' - - - ti i ! / rog::J3.i :••:: . ft • 1,• u R.----7 . 7... -.11U1'..0 IWO : II' :91 t.:1' IF . tt, / i , , . . vo..... ,:rs. ,_ ,„ 1 , • . . , . . , . ie.. .. ,.. _ , .. i, .1. A -III= _ ...to ........4.... I sit - - 'ft ,./...„.(7(..."'illir ,,,.,., • um _ IA Ai k IA 4 it'.t:17 sig — lilt L . oho An . L., i , I km , Ti in.? - -L. .1-) .026/1 -(.2J 7 http://www.fallsviewer.ca/print/77106c6e-1a02-4e80-8e4e-27b3fD7ca6a0.png 12/01/2014 Dean Iorfida From: Bob Nadon Sent: Wednesday, December 24, 2014 11:48 AM To: Dean Iorfida Cc: BW; Henry Muller; Martin Levy; Bruce Peters; Rick Brady Subject: Special Council Meeting Hello Dean,this email will serve as our formal notice to you that we will attend the special Council Meeting scheduled for January 2"d, next, at 4:OOpm.We will have representation and plan on speaking to Council. Thanks and regards BoU- R.J.Nadon General Manager Garlund Properties Niagara Industrial Mall Thorstone Properties Phone 905-374-6466 Niagara Warehouse Management Phone 905-357-7453 Fax(for all) 905-357-9407 Mailing Address: P.O.Box 777,Niagara Falls,Ontario L2E 6V6 Office Address: 4256 Carroll Avenue,Niagara Falls,Ontario L2E 7J2 Warehouse Address: 5881 Thorold Stone Road,Niagara Falls,Ontario L2J IA1 1 Dean Iorfida From: Steve Abbruscato <> Sent: Tuesday, December 30, 2014 5:01 PM To: Dean Iorfida Subject: Friday meeting Hi Dean it's Steve Abbruscato Merry Christmas anyways just wanted to let you know that I will be speaking at Friday's meeting thank you. Sent from my I-phone 1 Dean Iorfida From: Bill Matson Sent: Tuesday, December 30, 2014 1:49 PM To: Maureen Murphy Cc: 'carolynioannoni@niagarafalls.ca'; Dean Iorfida; Teresa Fabbro; Carolynn Ioannoni Subject: Re: Proposed Grow Op at Redpath Maureen, I have copied the City Clerk and Council Secretary on this email so your comments can be included in the agenda for an upcoming Council meeting Bill Sent from my BlackBerry 10 smartphone on the TELUS network. From: Maureen Murphy Sent: Tuesday, December 30, 2014 12:33 PM To: Bill Matson Cc: 'carolynioannoni@niagarafalls.ca' Subject: FW: Proposed Grow Op at Redpath Hi Bill and Carolyn, This bounced back from Carolyn, I am now trying an alternate email. Bill can I please ask you to print and provide this as a hand out to all council. Thank you Maureen Murphy I Financial Services Specialist ( PenFinancial Credit Union 1 Jarvis Street 1 201 Jarvis Street I Fort Erie ON L2A 2S7 1 Phone: 905 871 15521 Fax905 8719585 1 www.penfinancial.com 1 Follow us on Twitter 1 Become a fan, we're on facebook Connect with me on Linkedin k BANKING MFDEAka ' „ttc, This email and any files transmitted within it are confidential and intended only for the use of the individual or entity to who they are addressed.Please note that emails sent to you from PenFinancial Credit Union email addresses or domains are scanned for viruses and dangerous file attachments.For complete email privacy disclaimer information please visit our web site. BA Please consider the environment before printing this email From: Maureen Murphy Sent: December-30-14 10:55 AM To: 'jdiodati@niagarafalls.ca' Cc: 'cioannoni@niagarafalls.ca'; 'bmatson@niagarafalls.ca'; Subject: Proposed Grow Op at Redpath To whom it may concern: 1 I am a resident and homeowner in the Fernwood Subdivision, it is my understanding that there is a council meeting this Friday at 4:00 which due to my work schedule I am unable to attend. I am a hard working contributing citizen working straight days, I have worked hard for what I have, as I am sure so have you. I consider myself liberal in my views and do not necessary oppose grow ops but I greatly oppose them in my backyard. There is a place for every development and I am strongly against this location being so close to residential. The zoning I feel has been changed without any consideration of the residents. From what I read it makes me believe that this is a Federal decision, municipalities need to have a say as well. I am counting on my city representatives for proper representation. As a tax payer, paying my share of property taxes for this area, it concerns me what impact this will have on resale and house values. This development has high end homes whic currently makes the area attractive. Light Industrial zoning can be used for a variety of suitable reasons. I am NOT in favour of the proposed Grow Up at the Redpath location. I wish to request a copy of all communication, correspondence and development on this issue. • Maureen Murphy' Financial Services Specialist I PenFinancial Credit Union I Jarvis Street 1201 Jarvis Street( Fort Erie ON L2A 257 I Phone: 905 871 15521 Fax905 8719585 I www.penfinancial.com I Follow us on Twitter I Become a fan, we're on facebook Connect with me on Linkedin ` rW ilke. B HADE ,,. iNKt4, This email and any files transmitted within it are confidential and intended only for the use of the individual or entity to who they are addressed.Please note that emails sent to you from PenFinancial Credit Union email addresses or domains are scanned for viruses and dangerous file attachments.For complete email privacy disclaimer information please visit our web site. A Please consider the environment before printing this email 2 Dean Iorfida From: Dean Iorfida Sent: Wednesday, December 17, 2014 9:15 PM To: Carolynn Ioannoni; Alex Herlovitch Cc: CouncilMembers; Ken Todd; Ken Beaman Subject: RE: Grow op at Redpath Sugar Property Attachments: 20131112.pdf Hi Carolynn: I do not know the specifics of the CofA application related to the former Redpath property but I can speak to the Federal Medicinal Marihuana Program and what the City's experience has been so far. You may recall about a year ago, I wrote the attached report. I would remind Council Members that the approval of a "legal grow-op" rests with the Federal Government, not the municipality. Applicants for a Federal licence are to notify the municipality of their application to Health Canada. Council adopted the protocol outlined in the report, in which the notification is circulated to various departments and the applicant is provided comments and any municipal requirements (i.e., building permits) are outlined. To date, we have received notifications of six (6) applications to Health Canada. Not a single local application has been approved by Health Canada. In fact, very few have been approved throughout the country. A full list can be found at: http://www.hc-sc.gc.ca/dhp-mps/marihuana/info/list-eng.php Speaking to one of the applicants, who is a very credible farmer, he indicated that the Federal process is very intensive requiring thorough plans, criminal checks etc. From my report: To become a licensed producer an applicant must meet all requirements of the new Marihuana for Medical Purposes Regulations including but not limited to obtaining the proper personal security clearances meeting the physical security requirements for the cultivation and storage areas including security measures and submitting a completed licensed producer application. Although my report spoke to concerns that the Feds would not be mindful of municipal zoning requirements, my understanding is that indeed the Feds have been mindful of this when (not) granting licences, however, that is just one of a myriad of factors that Health Canada would be considering. Our report in 2013 indicated that based on our Zoning By-law, a Federally approved grow-op would be zoning compliant if located in an agricultural or rural zone. A more thorough staff review has discovered that a nursery is permitted in the U (light industrial) zoning and the definition of nursery is broad enough to encompass a legal grow-op. I assume that because Redpath was a General Industrial (GI) property (i.e., a more intense industrial use than U), the proponents may have neeeded to go to the CofA to add the nursery use. It should be noted that the Redpath proposal is not one of the 6 notifications that have been directed to me as Clerk, as per our protocol. I assume the proponents in the case may have wanted to be zoning-compliant prior to submitting their application to Health Canada, which is actually good due diligence, as opposed to notifying the municipality of their application and not inquirying on zoning. Of the 6 notifications I received, about half were agricultural. Those agricultural proposals did not require to come before the CofA, or Council, however, none of them have been approved by the Feds and some of those applications are more than a year old now. Properties associated with other noitifications were at industrial locations and those proponents were advised that they would have to go through a CofA amendment to add the use. None of those I notified of requiring a CofA app, subsequently submitted applications. I will defer to others on the issue of Council appealing a CofA decision but Council should be opposing an application based on planning merits not the type of crop that is being legally produced. Council should also be reminded that any 1 grow-op approved by the Feds will be a production and mail-order business only (i.e., licensed users cannot buy on-site) and will be strictly indoors. I will let Alex comment on this specific application but I commend the applicants for not "putting the cart before the horse" in that they have attempted to be locally, zoning-compliant prior to submitting their Health Canada application, however, based on past experience, Federal approval is still a long-shot, in my opinion, and if the proponents do get approval it would likely not be apparent to the residents whether the site was producing sugar or medicinal marihuana. Thanks Dean From: Carolynn Ioannoni [carolynnioannoni@me.com] Sent: Wednesday, December 17, 2014 4:46 PM To: Dean Iorfida; Alex Herlovitch Cc: CouncilMembers Subject: Grow op at Redpath Sugar Property Hi Dean and Alex Yesterday an application went to C of A to zone the former Redpath Sugar property to be a legal grow op for medical marijuana. The application passed. Can you please tell me the steps to take to have this decision brought back to council. How is it that the report itself does not mention grow op? The residents were not informed that an application for a legalized grow op was going before C of A. I am not sure who else on council knew but I did not or I would have been there. There is now a movement among the residents of the Fernwood subdivision to try and stop this. I was just asked by a resident how it is that council members didn't know this was happening? I hate that question. Even more, I hate having to say it was because our staff did not tell us. Was this issue ever discussed at Senior Staff meetings? Why was council not informed? Why was grow op not specifically spelled out in the city report to C of A? Why weren't the area residents informed? I look forward to your responses. Thanks Carolynn 2 CD-2013-07 Niagaraaalls November 12, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2013-07 Medical Marihuana Operations RECOMMENDATION 1. That Council endorse the staff protocol for medical marihuana operations; and 2. That Planning staff undertake a review and report back to Council. And that Council petition the Federal Government that Health Canada not issue a medicinal marihuana licences, on a given application, until the Ministry has received comments from the affected municipality, comfirming that the applicat6ion complies with local by-laws EXECUTIVE SUMMARY In 2013,the Federal government introduced new regulations changing the way Canadians access marihuana for medical purposes. Previously, individuals with proper Health Canada approval were able to possess, grow and cultivate marihuana for medicinal purposes in private dwellings. The results were unintended consequences for public health, safety and security. Niagara Falls City Council passed a resolution in favour of new regulations that would eliminate growing in private dwellings and requesting municipal input and compliance with local by-laws. The new regulations, effective April 1,2014, move production to commercial sites that have to meet local zoning by-laws, however, the municipality's comments are forwarded to the applicant and the applicant only has to indicate to Health Canada that they have notified local authorities, not any objections or concerns local authorities have indicated. The municipality has received two notifications to date. A proposed internal protocol will see Planning, Building and Fire providing comments to the Clerk, who will send the comments to the applicant. Staff is proposing that we copy the comments to Health Canada and the local member of Federal Parliament. Currently, Medicinal Marihuana Growing Facilities is an Agricultural use, nonetheless, Planning staff will be conducting a review and reporting back to Council. BACKGROUND Earlier this year, Council approved resolution 2013-15 pertaining to Health Canada's Marihuana Medical Access Program (the "Program"). The resolution came about due to complaints about residential properties having the legal authority to grow and possess marihuana, albeit for medical purposes. The resolution outlined the forthcoming changes November 12, 2013 -2 - CD-2013-07 to the program, for April 1, 2014, that would see the production of medicinal marihuana shifted to commercial producers. The program changes were viewed as positive in that no longer would private residences be allowed to have medicinal marihuana production. The existing program had been criticized by law enforcement. fire officials and municipalities for the lack of notification, the potential for illegal activities. fire and electrical hazards, health issues and risks of home invasions. Council's resolution, although pleased that there would be notification to municipal authorities, was concerned that there was no opportunity for municipal comments. especially regarding the appropriateness of the proposed commercial site Council's resolution was formally submitted to Health Canada during the public comment period. The municipality has now received two notifications of proposed commercial production facilities. Staff will be providing comments to the applicants based on zoning, building and 1 fire codes. Unfortunately. there is no requirement for the applicant to provide these comments to Health Canada. The applicant merely has to provide copies of their notification letters to Health Canada. ANALYSIS/RATIONALE To become a licensed producer, an applicant must meet all requirements of the new Marihuana for Medical Purposes Regulations. including, but not limited to, obtaining the proper personal security clearances, meeting the physical security requirements for the cultivation and storage areas. including security measures, and submitting a completed licensed producer application. Before submitting an application, a notice that includes the proposed activities to be conducted with cannabis and the address of the site(s) and of each building within the site(s) must be provided to a senior official of the local police, local fire authority and local government. The applicant merely has to provide Health Canada with a copy of these notification letters and to whom they were addressed. There is no requirement for the applicant to relay any comments or concerns articulated by the local officials Licensed producers are required to comply with all applicable laws, including municipal zoning by-laws, however, the communication on applicable zoning is strictly between the applicant and the municipality. Health Canada is not asking for a statement of zoning compliance from the municipality nor did they incorporate this requirement into the governing regulation. The municipality is responsible for conducting the relevant inspections for compliance with by-laws such as zoning Health Canada can inspect only for compliance with the Marihuana for Medical Purposes Regulations and any related federal legislation. In addition. municipalities cannot stop the licensing process if they disagree with the proposed site of production or any other requirement Local authorities are to communicate any concerns directly to the production site owner and enforce local legislation and by-laws. November 12, 2013 -3 - CD-2013-07 Needless to say, City staff has concerns that a commercial production facility could go ahead despite by-law issues or noncompliance with zoning. Unfortunately, Health Canada is not requiring any attestation from the municipality that the property is zoning compliant. Though the municipality can enforce its' zoning by-law, such a process is time consuming and costly. The best way to deal with such issues are through an approval mechanism and communication prior to the issuance of licences. As a result, staff is proposing an internal protocol where the Clerk will gather comments from applicable departments (Planning, Building and Fire) and will relay those comments, in writing, to the applicant. The municipality will copy the letter to Health Canada and the local Member of Parliament's office. Planning will comment on whether the proposed location has the applicable zoning. Any modifications or construction activity related to the building in question will be subject requiring a building permit prior to the commencement of any works. Where no construction is proposed, a change of a use permit will be required to verify the proposed structure is constructed in accordance with the Ontario Building Code requirements for the proposed new use. Whether Health Canada will consider, the municipality's comments remain to be seen. The federal regulations require that any production facility must be indoors for security purposes. As a result, such operations will likely occur in greenhouses on agricultural properties. If the operators want to conduct this kind of business operation in a zone other than an Agricultural Zone, it will require a zoning by-law amendment and possibly an Official Plan amendment. Our Planning staff will do a similar review and report back to Council. As for the two notifications received to date, staff is still collecting comments. One location is zoning compliant, however, staff will relay concerns related to possible impacts on surrounding properties. The second location is a General Industrial (GI) zone and is not zoning compliant. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As outlined, a licensed producer must meet all requirements of the new Marihuana for Medical Purposes Regulations. Health Canada is the issuer of licences. Commercial production facilities will have to comply with local zoning. The municipality cannot stop the licensing process if they disagree with the proposed site of production or any other requirement, however, local authorities can communicate any concerns directly to the applicant/ production site owner. CITY'S STRATEGIC COMMITMENT The protocol is an example of creating cross-departmental teams or processes to tackle issues of a municipal interest. The proposed planning review will ensure that these proposed businesses meet the needs for a well-planned city. November 12, 2013 -4- CD-2013-07 LIST OF ATTACHMENTS ► Resolution 2013-15 ► Health Canada FAQ Recommended by: Dean lorfida,lorfida, Cit Clerk Respectfully submitted: '2-j-4-144 Ken Todd, Chief Administrative Officer DI • ; t AI clog. " :c> d _NIAGARA FALLS_ The City of Niagara Falls, Ontario Resolution February 26, 2013 No. 15 Moved by Councillor Thomson Seconded by Councillor Ioannoni WHEREAS Health Canada's Marihuana Medical Access Program(the"Program")has been in place since 2002;and WHEREAS under the Program,residential homeowners,who qualify,are entitled to grow their own marihuana under a Personal Use Production Licence or on behalf of others under a Designated Person Production Licence; and WHEREAS under the Program,there was no requirement of Health Canada to notify law enforcement, fire officials or the municipality of the location of those with licences to grow; and WHEREAS the Program has been criticized by law enforcement, fire officials and municipalities for the lack of notification,the potential for illegal activities, fire and electrical hazards,health issues and risk of home invasions; and WHEREAS the Police have committed considerable resources at responding to complaints of grow- ops only to find that the owner has a licence issued by Health Canada; and WHEREAS the Federal Government has heeded the criticism and has proposed new federal marihuana for medical purposes regulations; and WHEREAS the regulations will end the ability for individuals to grow within their residential properties by March 31, 2014; and WHEREAS under the new regulations,Health Canada will only allow licensing of indoor,commercial production sites; and WHEREAS although municipalities, fire officials and law enforcement will be notified of possible commercial production sites within the community,they will not be asked to provide comments on the appropriateness of such sites; and WHEREAS there is no guarantee that commercial production sites will comply with local zoning requirements; and WHEREAS there is no process under the new regulations to identify and remediate those buildings that were previously licensed to grow, unlike illegal grow ops; and WHEREAS the comment period for the proposed new regulations ends on February 28, 2013. THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls commends the Federal Government for the new regulations but respectfully forwards the following requests: • that law enforcement,fire officials and municipalities be allowed to comment on applications for commercial production sites prior to their issuance; and • that commercial production sites require compliance with local regulations; and • that there be a requirement that the municipality receive notification of all properties previously associated with licences to grow so that future occupants/purchasers of these buildings are afforded the same level of protection as those whom purchase or occupy buildings that housed "illegal"grow ops; and • that the new regulation require that properties be remediated when medical marihuana production ceases. Carried Unanimously AND The Seal of the Corporation be hereto affixed. , 11 r I 4 DE IO A JAMES NI. DIODATI CITY CL RK MAYOR 1 1/4/13 F rey uently Asked Questions: M ec ca1 Use of Marihuana - Health Canada I + 1 Health Sante Canada Canada Home > Drugs & Health Products > Medical Use of Marihuana Drugs and Health Products r slaient y A::,kr:dl Questions • For Clients • For Licensed Producers • For Health Care Professionals • For Police / Law Enforcement • For Municipalities Canada For Clients How do I access marihuana during the transition period? Until March 2014, individuals, who have the support of a health care practitioner, may access marihuana for medical purposes through either: 1. The C- Marihuana Medical Access Regulations (by applying to Health Canada); or 2. The new C- Marihuana for Medical Purposes Regulations (by registering with a licensed producer once they become established). Under the Marihuana Medical Access Regulations, you can apply to Health Canada to access one of the three sources of supply: Health Canada supply; Personal -Use Production Licence; or Designated -Person Production Licence. For more information on how to apply for one of these sources of supply, please visit the "How to Apply" web page. Under the new Marihuana for Medical Purposes Regulations, once licensed producers are established, you can have your health care practitioner complete a medical document. You must submit the original medical document directly to a licensed producer along with a completed registration form from the licensed producer of your choice. Please note that you may only have access to marihuana for medical purposes under either the Marihuana Medical Access Regulations or the new Marihuana for Medical Purposes Regulations, not both. During the transition period, what is my proof of authority to possess marihuana? If you continue to access marihuana under the Marihuana Medical Access Regulations, your Authorization to Possess (ATP) will remain your proof of authority to possess until March 31, 2014. As of April 1, 2014, your ATP can no longer be used as proof that you are authorized to possess marihuana for medical purposes. www. he- s c . g c. c a/df tp-nips /mar l huana/info/faq - eng . php 1/9 11/4/13 Fred uenUyAsked Questions: Medical Use of Marihuana - Health Canada If you register with a licensed producer under the new Marihuana for Medical Purposes Regulations (regardless of whether it is before or after March 31, 2014) your proof of authority to possess will either be the label on the packaging or a separate document accompanying the shipment of dried marihuana from the licensed producer. How do I find out how much a licensed producer is charging for marihuana? You must contact the licensed producer directly for pricing information. Once licensed producers are established, a list of licensed producers and their contact information will be maintained on the licensed producers web page. I have a valid Personal -Use Production Licence or Designated -Person Production Licence. Can I sell my plants to a licensed producer? Yes. If you hold a valid licence to produce issued under the Marihuana Medical Access Program, you may provide starting materials (plants, seeds or clippings) to a licensed producer. To do so, you must submit an application to Health Canada. If you hold a Designated -Person Production Licence, the consent of the authorized individual will be required. If you produce for more than one person, you will need to submit this information for each person. Once the application is received, Health Canada will verify the information. If all of the information is valid, a notice will be sent to the licence holder, the authorization holder(s) (if applicable) and the licensed producer authorizing the transfer of materials. All Personal -Use Production Licence or a Designated -Person Production Licence expire no later than March 31, 2014, so this is the last day this type of transfer may take place. For Licensed Producers Where can I obtain the application form to become a licensed producer? The application along with guidance documents are available on the Becoming a Licensed Producer web page. What are the requirements to become a licensed producer? To become a licensed producer, you must meet all requirements of the new Marihuana for Medical Purposes Regulations, including, but not limited to: • obtaining the proper personal security clearances; • meeting the physical security requirements for the cultivation and storage areas; and • submitting a completed licensed producer application. For further information, please refer to the Becoming a Licensed Producer web page. If you have any questions about these requirements or the application process, you can send us your questions by email to MMPR- RMFM@)hc-sc.gc.ca or call us at 1-866-337-7705. www.he-sc.gc.ca/dhp.nips/rrrrihuanahnfdfaq-eng.php 2/9 11/4/13 Frequently Asked Questions: Medical Use of Marihuana- Health Canada Once complete, your application must be submitted to the following address: Controlled Drugs Section Licences and Permits Division Office of Controlled Substances Controlled Substances and Tobacco Directorate Health Canada Address Locator: 0300B Ottawa, ON K1A OK9 All relevant sections of the application form must be completed and all required documents must be submitted. An incomplete application will not be processed and may be returned to you. Does Health Canada provide information on how to produce marihuana? No. Health Canada does not provide this type of information. Where can I obtain a legal source of starting materials? There are four legal sources of starting materials: • Health Canada; • Personal -Use Production Licence holders; • Designated -Person Production Licence holders; and • Importation. The process varies by source. Please contact the Office of Controlled Substances at MMPR-RMFM@hc-sc.gc.ca for details. Does Health Canada have a list of Personal -Use and Designated -Person Production Licence holders who are interested in selling starting materials to licensed producers? Licensed producers must identify their own source of starting materials. Health Canada is unable to provide any information about Personal -Use and Designated -Person Production Licence holders. What documents are required for a client to register with a licensed producer? Licensed producers may accept the following documents: 1. A medical document - A medical document must be completed in full and signed by a health care practitioner. 2. An Authorization to Possess - This document is issued by Health Canada and can only be used until the end of its validity period, or the expiry date if no separate validity date is indicated. 3. A Form B "Medical Practitioner's Form" - While this form is primarily for use under the Marihuana Medical Access Regulations, if www.hc-sc.gc.ca/dhp-mpshrnarihuanaiinfo/fay-eng.plip 3/9 11/4/13 Frequently Asked Questions: Medical Use of Marihuana - Health Canada your health care practitioner has already completed it, it may be used during the transition period so long as it is within one year of the date it was signed by the health care practitioner. A licensed producer may also require clients to provide additional supporting documentation. Once my company registers a client who submitted their Authorization to Possess, what do I do with this document? Once the client has been successfully registered, you must send the original Authorization to Possess document to Health Canada at the following address: Marihuana Medical Access Program Controlled Substances and Tobacco Directorate Healthy Environments and Consumer Safety Branch Health Canada Address Locator: 0300A Ottawa, ON K1A OK9 Once an Authorization to Possess holder registers with a licensed producer, Health Canada will revoke the Authorization to Possess and any associated licence to produce. Is there a restriction on how much I can charge patients for dried marihuana? No. Licensed producers may set their own prices. What strains of marihuana can I cultivate under a production licence? The new Marihuana for Medical Purposes Regulations do not specify or limit what strains of marihuana can be cultivated. Can I sell cannabis resins, oils, extractions and edible marihuana products? No. The new Marihuana for Medical Purposes Regulations only permit the sale of dried marihuana. Can a production site be located outdoors or in a greenhouse? Production sites can only be located indoors. You can cultivate in a greenhouse if it meets the requirements of the new Marihuana for Medical Purposes Regulations, including for physical security. Can I operate a storefront? No. You must ship dried marihuana directly to the client (or their physician, if requested). Can I sell/provide product to a compassion club or dispensary who will then distribute on my behalf? www.hc-sc.gc.ca/dhp-inps/manhuanafinfo/faq-eng.php 4/9 11/4/13 F req uently Asked Questions: Medical Use of Marihuana - Health Canada No. Only licensed producers are authorized to sell or provide dried marihuana. Licensed producers must ship dried marihuana directly to the client (or their physician, if requested) in accordance with the new Marihuana for Medical Purposes Regulations. Do municipal zoning by-laws apply to my production site? Licensed producers are required to notify their local government, local police force and local fire officials of their intention to apply to Health Canada, so that local authorities are aware of their proposed location and activities. Licensed producers are also required to communicate with local authorities whenever there is a change in the status of their licence. Licensed producers must comply with all federal, provincial/territorial and municipal laws and by-laws, including municipal zoning by-laws. Is there a limit to how many production licences Health Canada will issue under the Marihuana for Medical Purposes Regulations (MMPR)? No. Health Canada will not impose a limit on the number of production licences. For Health Care Professionals What medical conditions qualify for the use of marihuana as a treatment option under the Marihuana for Medical Purposes Regulations (MMPR)? The MMPR do not contain any limitations on the conditions for which a health care practitioner can support the use of marihuana for medical purposes. You may wish to refer to the document entitled Information for Health Care Professionals: Cannabis (marihuana. marijuana) and the Cannabinoids for the latest information on the use of marihuana for medical purposes. Please note that if you are supporting an application under the Marihuana Medical Access Program (by completing a Form B "Medical Practitioner's Form"), applicants must qualify under either the Category 1 or Category 2 medical conditions. How does my patient access marihuana through the new Marihuana for Medical Purposes Regulations (MMPR)? If you support your patient's use of marihuana for medical purposes you will need to complete a medical document with specific information that is similar to a prescription. If you choose to use a different template/form you must ensure that all required information as described in the sample medical document is provided. Once complete, your patient must send the original medical document to a licensed producer with a registration form (provided by the licensed producer). The licensed producer will fill and ship your patient's order, based on the daily amount of dried marihuana indicated on the medical document. What is the difference between Form B and a medical document? Form B "Medical Practitioner's Form" is the document that must be completed by the health care practitioner as part of an application to Health Canada for an Authorization to Possess marihuana for medical purposes under the Marihuana Medical Access on wv.hc-sc.gc.cardt-rrpsirnarihuanalinfoifaq-eng.php 5/9 11/4/13 Frequently Asked Questions: Medical Use of Marihuana - Health Canada Program. If your patient chooses to order dried marihuana from a licensed producer under the new Marihuana for Medical Purposes Regulations, you must complete a medical document. This document does not require all of the same information as Form B. Are there daily amount and duration restrictions under the Marihuana for Medical Purposes Regulations? Various surveys published in peer-reviewed literature have suggested that the majority of people using inhaled or orally ingested cannabis for medical purposes reported using approximately 1-3 grams of cannabis per day. While there are no restrictions under the new Marihuana for Medical Purposes Regulations on the daily amount that you may recommend, there is a possession cap of the lesser of 150 grams or 30 times the daily amount. The medical document must be completed annually (or sooner if you recommend a shorter duration) to ensure that you continue to support your patient's use of marihuana. We recommend you consult the document entitled Information for Health Care Professionals: Cannabis (marihuana, marijuana) and the Cannabinoids for further information. What routes of administration can I recommend for my patient? Typically dried marihuana is consumed orally or inhaled. Smoking is not recommended. Some individuals use their dried marihuana with a vaporizer or in teas. Please note that licensed producers can only provide dried marihuana. Other forms of marihuana, such as edibles or oils, are not permitted to be sold by licensed producers under the Marihuana for Medical Purposes Regulations. Is there information available that indicates which strains are better suited to certain conditions? Health Canada is not aware of any clinical research on this subject. Will dried marihuana be assigned a Drug Identification Number? Marihuana for medical purposes is not an approved therapeutic drug in any country in the world, including Canada. Scientific studies of its safety and efficacy are not conclusive. Where can I obtain information on the product my patient is considering? You may contact the licensed producer(s) directly to obtain information about the strain(s) of dried marihuana available. Each product label must include the percentage of Tetrahydrocannabinol (THC) and percentage of Cannabidiol (CBD) in the lot and batch that is being sold. Once licensed producers are established, a list of licensed producers and their contact information will be maintained on the Licensed Producers web page. www.hc-sc.g c.caldhrrmps/marihuana/iNo/fag -eng.plp 6/9 11/4,13 Frequently Asked Questions: Medical Use of Marihuana - Health Canada In addition, Health Canada has posted a detailed document entitled Information for Health Care Professionals: Cannabis (marihuana, marijuana) and the Cannabinoids, which contains updated information on the use of marihuana for medical purposes. This document is available on the Health Canada website. For Police / Law Enforcement How do I determine whether or not someone is authorized to be in possession of marihuana for medical purposes? Until March 31, 2014, individuals may hold an Authorization to Possess (ATP) marihuana for medical purposes issued by Health Canada under the Marihuana Medical Access Regulations (MMAR), OR they may register with a licensed producer to access dried marihuana under the new Marihuana for Medical Purposes Regulations (MMPR), but not both. Under the MMAR: For individuals who continue to access marihuana for medical purposes under the MMAR, the ATP will remain the same (a pink, watermarked, legal -sized document). On March 31, 2014, all ATPs (and licences to produce) issued under the MMAR expire and will no longer provide individuals authority to possess marihuana. As of April 1, 2014, the only legal means to access to marihuana for medical purposes will be through licensed producers. Until March 31, 2014, law enforcement officials may continue to contact the Marihuana Medical Access Program's police services line to verify information related to authorizations and licences requested in the context of an investigation. Under the new MMPR: Individuals can access marihuana by registering with a licensed producer. These individuals will not be issued an ATP. Instead, either the label on the packaging or a separate document accompanying each shipment of dried marihuana will provide the authority to possess marihuana. In the course of an investigation, law enforcement officers may contact the licensed producer directly to confirm whether the individual is a client of the producer, an individual who is responsible for a client of the producer and the daily quantity allowed. Who can I contact if I am investigating someone who may or may not be authorized under the MMPR? If an individual presents you with the packaging or a document included in their order of dried marihuana from a licensed producer, you may contact the licensed producer to confirm the registration and the daily quantity of dried marihuana. The licensed producer must confirm that you are a member of a Canadian police force, the information must be requested in the context of an investigation under the CDSA or the Marihuana for Medical Purposes Regulations and you must provide the name of the individual, the date of birth and the gender. Will authorization and licence documents issued under the MMAR constitute valid authority to possess or produce marihuana after March 31, 2014? www.he-sc.g c.caldhp-nips/ntarihuaia/into/faq-eng.php 7/9 11/4/13 Frequently Asked Questions: Medical Use of Marihuana - Health Canada No. On April 1, 2014, all Authorizations to Possess (ATPs), Personal -Use Production Licences (PUPLs) and Designated -Person Production Licences (DPPLs) will expire. All individuals who possess and/or produce marihuana under the Marihuana Medical Access Regulations (MMAR) will be advised to destroy or dispose of their marihuana and/or plants no later than March 31, 2014. As of April 1, 2014, the only legal means to access marihuana for medical purposes will be through a licensed producer under the Marihuana for Medical Purposes Regulations (MMPR). What is the difference between an expiry and validity date? The Marihuana Medical Access Regulations (MMAR) will be repealed on March 31, 2014. As a result, between now and March 31, 2014, Health Canada will issue Authorizations to Possess (ATPs) with two dates: an expiry date and a validity date. The expiry date on all ATPs will be March 31, 2014. The validity date, which may go beyond March 31, 2014, is now included on an ATP. This date enables ATP holders to switch to a licensed producer by using their ATP instead of returning to their health care practitioner to have a medical document signed. Is there a limit to the amount of dried marihuana someone can carry on their person under the Marihuana for Medical Purposes Regulations? Yes. The new Marihuana for Medical Purposes Regulations impose a maximum possession cap of the lesser of 150 grams of dried marihuana or 30 times their daily amount at any one time. For example, if an individual has a daily amount of 2 grams per day, their possession cap would be 60 grams. Will Health Canada release a list of production sites that were licensed under the MMAR after March 31, 2014, so that local authorities can ensure they are dismantled? No. This information is protected under the Privacy Act. For Municipalities Are licensed producers subject to local legislation and by-laws? Yes; however, it is the responsibility of the municipality to conduct the relevant inspections for compliance with by-laws such as zoning. Health Canada can only inspect for compliance with the Marihuana for Medical Purposes Regulations and any related federal legislation. Note that licensed producers are required to notify their local government, local police force and local fire officials of their intention to apply to Health Canada, so that local authorities are aware of their proposed location and activities. Licensed producers are also required to communicate with local authorities whenever there is a change in the status of their licence. Can municipalities stop the licensing process if they disagree with the proposed site of production or any other requirement? No; however, local authorities can communicate any concerns directly to the production site owner and enforce local legislation and www.hc-sc.gc.caldhp-rrps/maritwana/infdtaq-eng.pfp 8/9 11/4/13 Frequently Asked Questions: Medical Use of Marihuana - Health Canada by- laws. Can compassion clubs dispense for a licensed producer? No. Licensed producers must ship dried marihuana directly to the client or the client's health care practitioner (if indicated). Will Health Canada provide the municipality with a list of production sites that were licensed under the MMAR after March 31, 2014? No. This information is protected under the Privacy Act. Will Health Canada ensure that these sites have been dismantled once the MMAR is repealed on March 31, 2014? Health Canada will provide guidance to all current program participants regarding the appropriate means to dispose of their dried marihuana and marihuana plants. The production of marihuana in homes beyond March 31, 2014, is illegal and may result in law enforcement action. Date Modified: 2013-06-19 www.hc-sc.gc.ca/dhp-nps/marihuanalinfodaq-eng .php 9/9 Dean Iorfida From: Salman Maqsood < on behalf of MMPR-RMFM <MMPR-RMFM@hc-sc.gc.ca> Sent: Tuesday, June 03, 2014 9:21 AM To: Dean Iorfida Subject: FAQ on Marihuana for Medical Purposes Regulations for Municipalities Attachments: FAQ on Marihuana for Medical Purposes Regulations for Municipalities.pdf Good morning Mr. Iorfida, This is a follow-up to a conversation you have had with a Health Canada official regarding an application that has been received from a proponent in your jurisdiction to obtain a licence to produce marihuana for medical purposes. As you are aware, the new Marihuana for Medical Purposes Regulations means that, as of April 1, 2014, individuals will no longer be authorized to produce marihuana in their homes and marihuana for medical purposes will be available only through regulated licensed producers. This will address many of the public health and safety concerns regarding the Marihuana Medical Access Program, and will be a safer regime for both patients and communities moving forward. For more information regarding the MMPR, please visit: www.healthcanada.gc.ca/mma. As a municipality with a potential licensed producer in your jurisdiction, we would like to take this opportunity to remind you of the requirements regarding notifications to local authorities. The Marihuana for Medical Purposes Regulations require potential licensed producers of marihuana for medical purposes to notify their municipality, local fire official, and local law enforcement of their application to Health Canada to inform them of the activities that they wish to conduct with marihuana and the specific address of their facility. Notification must also be provided to local authorities upon any change in the status of a licence (i.e. issuance, suspension or revocation) within 30 days of the change. Other questions that you may have regarding the new regulations and the role of local authorities in that regime may be answered by the attached frequently asked questions document. If you have any additional concerns or questions, please do not hesitate to contact us via email: mmpr-rmfm@hc-sc.gc.ca. Salman Maqsood Licences and Permits Division Office of Controlled Substances Health Canada Marihuana for Medical Purposes Regulations Q&A package for Municipalities A. Licensing Process 1. Is there a limit on how many production licences will be approved in each jurisdiction? The Marihuana for Medical Purposes Regulations do not limit the number of licensed producers of marihuana for medical purposes based on geographic location. 2. Are licensed producers required to display their HC licence on site? No. Licensed producers must keep the original copy of the licence issued by Health Canada, but it does not need to be posted in the facility. A list of licensed producers is available on the Health Canada website. 3. What should a licensed producer include in a notification to local authorities? Under the Marihuana for Medical Purposes Regulations, a potential licensed producer must provide a written notice to a senior official of the local government, fire authority and local police force or detachment of the RCMP in the area in which the site is located. This written notice must include the name of the applicant, the date on which the application will be submitted, the address of the proposed site and each building on the site, and the activities for which the licence is being sought. The same information must be provided to the local authorities upon a change to the licence (i.e., issued, amended, revoked or suspended) within 30 days of the status change. Please note that a response from the local authority is not required. 4. Who will inform the local authorities when a licence to produce marihuana for medical purposes has been revoked? Under the Marihuana for Medical Purposes Regulations, the licensed producer is required to notify their local authorities regarding changes to the status of their licence, including revocation. This notice to local authorities must occur within 30 days of the change. In addition, Health Canada's website is updated regularly. 5. Are there any restrictions on where production sites can be located? Production of marihuana under the Marihuana for Medical Purposes Regulations can only be indoors and cannot be conducted in dwelling places. 1I J Marihuana for Medical Purposes Regulations Q&A package for Municipalities Licensed producers must also comply with all applicable provincial/territorial and municipal legislation and regulations. Parties interested in becoming licensed producers are encouraged to communicate with their municipal officials to determine if there are any zoning or by-law restrictions. 6. Can a licensed producer operate multiple locations? Yes. If the applicant intends to engage in an activity at more than one site, the Marihuana for Medical Purposes Regulations indicate that a separate application must be made for each proposed site. 7. Are delivery systems such as storefronts or vending machines compliant with the Marihuana for Medical Purposes Regulations? No. Licensed producers must ship dried marihuana directly to the client. 8. Can compassion clubs dispense for a licensed producer? No. Licensed producers must ship dried marihuana directly to the client. B. Bylaws and Zoning 9. Do municipal zoning by-laws apply to production sites under the Marihuana for Medical Purposes Regulations? Licensed producers must comply with all other federal, provincial and municipal laws and by-laws, including municipal zoning by-laws. It is the responsibility of the municipality to conduct the relevant inspections for compliance with by-laws such as zoning. Health Canada can only inspect for compliance with the Marihuana for Medical Purposes Regulations and any related federal legislation. 10.Can municipalities stop the licensing process if they disagree with the proposed site of production or any other requirement? Health Canada will issue a licence to produce as long as the applicant satisfies the requirements set out in the Marihuana for Medical Purposes Regulations. If 21 Marihuana for Medical Purposes Regulations Q&A package for Municipalities municipalities disagree with the proposed site of production, they can communicate any concerns directly to the owner of the production site and enforce local by-laws. Licensed producers are subject to local by-laws. It is the responsibility of the municipality to conduct the relevant inspections for compliance with local requirements such as zoning. C. Security 11. How is HC and/or RCMP/local police enforcing security measures? All applicants for a producer's licence under the Marihuana for Medical Purposes Regulations have to meet rigorous physical security requirements, including a site design and security system that prevents unauthorized access to their facility. Additionally, enhanced background checks are undertaken, in cooperation with the RCMP, to ensure that there are no associations with individuals or organizations that pose an unacceptable risk, such as the risk of diversion of marihuana to the illicit market. These checks are required for key personnel and alternates, officers and directors of corporation. For more information on security, please visit: http://www.hc-sc.gc.ca/dhp- mps/marihuana/info/add-supp-eng.php Once licences are issued, licensed producers are subject to compliance and enforcement measures, including audits and inspections by Health Canada. D. inspections 12. When are inspections conducted by HC? All licensed producers (LP) of marihuana for medical purposes will be subject to ongoing inspection on a broad range of factors. There will be three core inspection types: pre- licensing inspections, full inspection and targeted inspections. After an application has been screened and reviewed with a focus on security measures at the site and for key personnel, a pre-licence inspection is conducted. This is prior to the issuance of a licence under the Marihuana for Medical Purposes Regulations. Once an applicant has passed a pre-licence inspection and has met all requirements under the regulations, a licence is issued. Upon receipt of a licence to produce marihuana for medical purposes, producers are subject to audits and inspections by Health Canada. A full inspection is an inspection after the licence has been issued where the licensed producer will be assessed against the full range of elements required under the MMPR, 31 Page Marihuana for Medical Purposes Regulations Q&A package for Municipalities such as: security measures, record keeping, product storage, review of loss and theft reports, review of monthly sales reports, inventory audit, etc. A targeted inspection is an inspection which will focus on previously identified criteria, such as follow-up to observations previously identified on an inspection or a review of certain high risk elements, such as review on inventory, product storage, security, etc. 13. Can a municipality request a Health Canada inspection? If there are concerns regarding the activities taking place at a licensed producer's site, the information can be provided to Health Canada and the information will be considered for follow up on a case-by-case basis. Licensed producers must comply with all other federal, provincial and municipal laws and by-laws, including municipal zoning by-laws. It is the responsibility of the province, territory, or municipality to conduct the relevant inspections for compliance with their laws. 14.What is the scope of an inspection executed by Health Canada? Health Canada inspects licensed producers for all requirements under the Marihuana for Medical Purposes Regulations and other related legislation, such as the Narcotic Control Regulations and Food and Drugs Act. For example, this includes inspecting their production practices, record-keeping and security measures. In addition, licensed producers are required to have standard operating procedures. All of these measures mitigate risks to individual and public health and safety. 15. If non-compliance is identified, does Health Canada have the authority to suspend or revoke the licence? Yes. Health Canada has the authority to suspend or revoke a licence as described in the Marihuana for Medical Purposes Regulations. Examples of circumstances where a licence can be suspended or revoked include: • grounds to believe that the licence was issued on the basis of false or misleading information; • the licensed producer has contravened a provision of the Controlled Drugs and Substances Act or the Food and Drugs Act; • the licensed producer has contravened a condition of their licence or of an import or export permit issued under the Marihuana for Medical Purposes Regulations; 41 Page Marihuana for Medical Purposes Regulations Q&A package for Municipalities • information received from law enforcement raises grounds to believe that they have been involved in the diversion of a controlled substance to an illicit market; • key persons required to hold a security clearance do not hold a valid clearance; and • it is necessary to suspend or revoke the licence to protect public health, safety, or security. E. Transition from the Marihuana Medical Access Regulations 16. What will happen to all of the marihuana plants that were legal under the old program? When a licence to produce or an authorization to possess marihuana for medical purposes expires or is revoked under the Program participants must destroy all marihuana in their possession and notify the Minister of Health of the destruction within 10 days. If participants do not comply with the requirement to notify Health Canada, the department may take compliance and enforcement actions, including notifying law enforcement of non-compliance. 17. What experience does Health Canada have in regulating manufacturers and distributors of drugs (like marihuana)? Health Canada has been regulating the activities of manufacturers and distributors of controlled drugs, including cannabis, since the coming into force of the Narcotics Control Act in 1961. The Narcotics Control Act was repealed in 1996 by the current Controlled Drugs and Substances Act. Health Canada has a licensing scheme in place that is supported by compliance and enforcement activities to ensure compliance with the Act and its regulations. Wage 12/31/2014 List of Licensed Producers Authorized to Produce and Sell under the Marihuana for Medical Purposes Regulations ' Health Sante Canada Canada Canada Home > Drugs & Health Products > Medical Use of Marijuana Drugs and Health Products Below are two lists of licensed producers. The first is a list of fully authorised producers who may sell or provide dried marijuana to eligible persons under the MMPR. The second is a list of licensed producers who are authorized to produce marijuana but are not authorized to sell to the public. The lists are sorted by alphabetical order. Fully Authorised Licensed Producers Aphria 1-844-427-4742 Bedrocan Canada Inc. 1-855-420-7887 Broken Coast Cannabis Ltd. 1-855-488-3668 Canna Farms Ltd. 1-855-882-0988 CanniMed Ltd. 1-855-787-1577 Delta 9 Bio-Tech Inc. 1-855-245-1259 In The Zone Produce Ltd. 1-800-420-1707 MariCann Inc. 1-844-627-4226 (MARICANN) MedReleaf Corp. 1-855-4-Releaf (73-5323) Mettrum Ltd. 1-844-638-8786 (METTRUM) OrganiGram Inc. 1-855-961-9420 The Peace Naturals Project Inc 1-888-64-PEACE (73223) Tilray 1-844-TILRAY1 (845-7291) Tweed Inc. 1-855-55-TWEED (89333) Whistler Medical Marijuana Corp. 1-604-962-3440 Name of licensed producer - Cultivation only • ABcann Medicinals Inc. • Agripharm Corp. • CannTrust Inc. • Hydropothecary • Prairie Plant Systems Inc. • RedeCan Pharm • Thunderbird Biomedical Inc. • Tweed Farms Inc. Please check this website regularly for updated information. Compliance and Enforcement Actions Health Canada conducts routine inspections of licensed producers (LPs) of marijuana for medical purposes, to verify their ongoing compliance with the regulations. It is expected that licensed http:/twww.hc-sc.gc.ca/dhp-m ps/marihuana/info/1 ist-eng.php 1/2 12/31/2014 List of Licensed Producers Authorized to Produce and Sell under the Marihuana for Medical Purposes Regulations producers of marijuana for medical purposes will take timely and appropriate corrective actions when any issue of non-compliance with the MMPR is brought to their attention. Compliance is normally achieved through a cooperative approach between the regulated party and Health Canada; however, Health Canada has various tools of enforcement available, from warning letters and seizures to licence suspension, revocation and prosecution. Marijuana for Medical Purposes - Advertising and Licensed Producers On November 25, 2014, Health Canada issued warning letters to 20 licensed producers regarding their advertising practices. These warning letters are in follow-up to an advertising bulletin sent to all licensed producers on June 30, 2014, that outlined the general prohibitions against the advertising of Cannabis contained in the Marihuana for Medical Purposes Regulations (MMPR), the Food and Drugs Act (FDA) and the Narcotic Control Regulations (NCR). As a result of these prohibitions, the information provided by licensed producers to the public should be limited to basic information for prospective clients such as the brand name, proper or common name of the strain, the price per gram, the cannabinoid content, and the company's contact information. The licensed producers listed below have been given until January 12, 2015, to come into compliance with the advertising prohibitions following which Health Canada will take enforcement action, as appropriate. Health Canada will update this list as licensed producers become compliant. Clients should be aware licensed producers who do not comply with the provisions in the FDA or the NCR can be subject to compliance and enforcement action, including suspension and possible revocation of the licence or prosecution. Licensed producers for which Health Canada has issued warning letters The companies listed have been issued warning letters and have until January 12, 2015, to come into compliance. • CanniMed Inc. • CannTrust Inc. • Delta 9 Bio-Tech Inc. • MedReleaf Corp. • Prairie Plant Systems Inc. • Tilray • Tweed Inc. Date Modified: 2014-12-30 http://www.hc-sc.gc.ca/dhp-mps/marihuana/info/list-eng.php 2/2 12/31/2014 News Medical Marijuana.ca FAQ - Apply Now 8+1ci 3 a Publicly recommend on Google. • Home • for Patients • For Licensed Producers • for Doctors • Learning Center • About Us • News • Contact Us Federal government loses appeal to stop medical marijuana patients from growing pot at home The Conservative government has lost its latest attempt to prevent medical marijuana users from growing pot at home, with the Federal Court of Appeal upholding an injunction that exempted patients from a massive overhaul of the system. New rules were introduced earlier this year that prohibited home growing and instead shifted production to commercial operations, but a group of patients is challenging that regime in a case expected to be heard in the new year. A Federal Court judge issued an injunction in the spring that allowed patients who were authorized to grow and possess marijuana under the old system to continue to do so until their case is resolved. The government appealed, but the Appeal Court released a unanimous decision Monday upholding the injunction. "It's very significant," Kirk Tousaw, a lawyer for the four plaintiffs in the case, said in an interview. "The big fear was that if the government's appeal was successful, then all of these people who have been protected by the injunction could very well turn into criminals overnight." Full trial set to begin in February The previous medical marijuana regime,which was introduced in 2001, allowed patients to either grow their own pot,designate someone to grow it for them,or purchase it directly from Health Canada. New regulations took effect this last spring that no longer allowed personal production and instead established a system of federally licensed commercial producers. There are now 15 such operations selling medical cannabis. The plaintiffs filed a constitutional challenge arguing the updated regulations violate their right to access important medicine, because commercial prices are considerably more expensive under the new system. They also complained the commercial market wouldn't give them as much control over which strains of the drug they use. The Federal Court trial is set to begin in February. 1 ,400 kilos of dried marijuana sold by licenced producers this year The injunction preserves patients' right to grow their own marijuana at least until a decision is issued. Two of the plaintiffs also filed a cross appeal, arguing the Federal Court injunction was too narrow and left out some patients because of the dates outlined in the injunction. The Appeal Court ordered the lower court to reconsider the terms of the injunction to clear things up. As of last year, nearly 38,000 Canadians had received authorizations under the old system, the vast majority of whom chose to grow their own marijuana rather than buy it from the federal government. Health Canada says it does not know how many patients continue to grow their own marijuana because of the injunction. More than 13,000 patients have registered with the new licensed producers, which together sold 1,400 kilograms of dried marijuana http://medicalmarijuana.ca/news/0/406 1/2 CITY OF NIAGARA FALLS By-law No. 2015 - 02 A by-law to adopt, ratify and confirm the actions of City Council at its Special meeting held on the 2nd day of January, 2015. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its Special meeting held on the 2nd day of January, 2015 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this second day of January, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 2, 2015 Second Reading: January 2, 2015 Third Reading: January 2, 2015