Town of Whitby Staff Report whitby.civicweb.net

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1 Town of Whitby Staff Report whitby.civicweb.net Report Title: Privately-Run Cannabis Retail Stores and the Ontario Cannabis Licence Act, 2018 Report to: Council Date of meeting: December 11, 2018 Report Number: LS Department(s) Responsible: Legal and By-law Services Submitted by: Warren Mar, Commissioner of Legal and By-law Services/Town Solicitor Acknowledged by M. Gaskell, Chief Administrative Officer For additional information, contact: Warren Mar, Commissioner of Legal and By-law Services/Town Solicitor, x Recommendation: That staff be directed to obtain public feedback regarding whether or not privately-run cannabis retail stores should be permitted in Whitby. That staff report back to Council in January 2019, prior to the province s opt-out deadline, with information about the public s feedback and any additional information requested by Council or provided by the province regarding privately-run cannabis retail stores. That a letter be sent to the AGCO requesting that if a local municipality allows privately-run cannabis retail stores, then the AGCO should directly notify the municipality about each application for a retail store authorization, similar to the process used for liquor licence applications. 2. Highlights: Under the new Cannabis Licence Act, 2018, the Alcohol and Gaming Commission of Ontario (AGCO) will licence and regulate private retail stores in Ontario.

2 Report LS Council Page 2 of 12 A market concentration limit of 75 stores per operator has been set by the AGCO; however there is no cap on the number of storefronts that would be licensed in any municipality. Private retail recreational cannabis stores will be permitted to open between 9:00 a.m. and 11:00 p.m. on any day. Provincial regulations establish a minimum distance of 150 metres (approximately 500 feet) between cannabis retail stores and schools, including private schools. If Council wishes to opt out of the private retail model, they must do so by passing a resolution directed to the AGCO on or before January 22, Should a municipality fail to pass a resolution opting out by the deadline, the AGCO will consider that the municipality has no objection to cannabis retail stores, and such a municipality will automatically be considered to have opted in. Should Council wish to opt out of the private retail model initially, they may later choose to opt in. However, if the one-time opt out is later reversed, the decision to opt in then becomes final. Municipalities do not have the ability to impose their own system of business licences on privately-run cannabis retail stores. Also, municipalities cannot restrict their locations through the land use provisions in zoning by-laws. A cannabis retail store applicant is only required to display an AGCO approved notice at the location of the proposed cannabis retail store specified in the application. In addition, the AGCO will post a notice of the application on its website in a searchable database. The time period for making comments to the AGCO is limited to 15 days from the date that the notice is posted. In early January 2019, a first payment of $15 million will be provided to all municipalities on a per household basis, with at least $5,000 paid to each municipality. Whitby is expected to receive $57,082 in this distribution. Following the January 22 deadline to opt-out of cannabis retail stores, a second payment of $15 million will be distributed on a per household basis to municipalities that have not opted-out by the deadline. Municipalities that opt-out will receive no more than $5,000. Lower-tier and upper-tier municipalities will receive a 50/50 split of the funding allocation applicable to each local municipality. If a municipality opts out by January 22, 2019, and opts back in at a later date, that municipality will not be eligible for additional funding. The

3 Report LS Council Page 3 of Background: maximum amount it will receive will be $5,000 from the second distribution, it will not have access to the excise duty surplus, and it will have a lesser priority to receive funds from the $10 million unforeseen costs pool from the province. On October 17, 2018, the federal government s Bill C-45 (the Cannabis Act) came into effect. The Cannabis Act legalized the recreational use of cannabis, while controlling and regulating the production, distribution, and sale of cannabis. In Ontario, legalization allows adults who are 19 years of age or older to: purchase dried recreational cannabis; possess up to 30 grams (about one ounce) of dried recreational cannabis; and grow up to four cannabis plants per residence (not per person). Under the federal Cannabis Act, provinces and territories are responsible for establishing models for licensing the distribution and retail sale of cannabis, subject to minimum federal conditions. Provinces are also responsible for carrying out the associated compliance and enforcement activities under their own regulatory regime. Following the election of the Progressive Conservative government in June 2018, the province significantly altered the manner in which recreational cannabis will be sold in Ontario. The previous Liberal government intended retail sales to be strictly controlled through government-run Ontario Cannabis Store (OCS) locations throughout Ontario. Some retail stores were intended to be open once cannabis was legalized, which would supplement the government-run online store. It was under this framework that staff previously reported to Council regarding the legalization of cannabis, in Report LS Shortly after its election, and before the recreational use of cannabis was legalized, the new provincial government terminated the government-run OCS physical storefront retail model. On September 27, 2018 the province introduced Bill 36, titled The Ontario Cannabis Statute Law Amendment Act. In addition to changes to where cannabis may be consumed, Bill 36 also permits privately-run cannabis retail stores as of April 1, 2019, operating under a system of licences and provincial regulatory oversight. Under the proposed model, the Alcohol and Gaming Commission of Ontario (AGCO) will licence and regulate private retail stores in Ontario. Currently, the only way to legally purchase recreational cannabis in Ontario is through the government-run OCS on-line store, with delivery to end users through Canada Post. Bill 36 was passed and came into force on October 17, Among other items, Bill 36 established the Cannabis Licence Act, Further regulations under this

4 Report LS Council Page 4 of 12 Act which set out the framework to control private retail stores took effect on November 16, Discussion: The following information is taken directly from provincial news releases, the AGCO s website, and from an AGCO-hosted webinar on cannabis retail stores on November 27, It is presented in a question and answer format on the most commonly-asked and relevant questions that impact Council s decision whether to allow privately-run cannabis retail stores in Whitby. How are privately-run cannabis stores being regulated by the province? Regulations are set out in the Cannabis Licence Act, 2018, and its associated regulations in O. Reg. 468/18. An overview of this information is provided in the AGCO s handout, titled Ontario s Cannabis Retail Regulation Landscape (Attachment 1). Retailers will not be permitted to allow anyone under the age of 19 to enter their stores. Illegal cannabis retailers who were operating after October 17, 2018 are not eligible for Ontario cannabis sales licenses. There is a prohibition on the issuance of a licence to any individual or organization who has an association with organized crime. Individuals or entities applying for an operator licence must demonstrate their tax compliance status to show that they are in good standing with the government. The retail space where cannabis is sold: (a) must be enclosed by walls separating it from any other commercial establishment or activity; (b) cannot include an outdoor area; (c) cannot be entered from or passed through in order to access any other commercial establishment or activity, other than a common area of an enclosed shopping mall; and (d) the area where cannabis will be received or stored cannot be accessible by any other business or by the public. Individuals with a store authorization, cannabis retail managers and all retail employees will be required to complete approved training to ensure that any individual who works in the cannabis retail market is trained in the responsible sale of cannabis. The training program is expected to be ready by February It is anticipated that the AGCO will begin accepting applications on December 17, 2018 and private retailing of cannabis will begin on April 1, 2019.

5 Report LS Council Page 5 of 12 A market concentration limit of 75 stores per operator has been set to prevent a high degree of market consolidation, promote opportunities for small businesses and promote investment in the cannabis retail sector. The AGCO has no cap on the number of storefronts that would be licensed in any municipality, leaving market forces to determine locations and total number of stores. To open a retail store and sell recreational cannabis, there are two licences and an authorization that are required from the AGCO. These are: (a) Retail Operator Licence; (b) Retail Store Authorization; and (c) Cannabis Retail Manager Licence. Licences and Authorizations are valid for an initial 2 year period, after which they may be renewed for a 2 or 4 year period, provided that all requirements are met and all provincial fees are paid. A Retail Operator Licence allows you to operate one or more retail stores in Ontario. However, you must have a separate Retail Store Authorization for every store you wish to operate. Every retail store must have a licensed retail manager. The only exception is if the licensed retail operator is a sole proprietor or is in a partnership between two or more individuals, and will be both the licensed operator and performing the duties of the retail store manager for a particular store in which case a Cannabis Retail Manager Licence is not required. Retailers may not sell cannabis unless they are licensed and authorized by the AGCO, and they have a supply purchase contract with the Ontario Cannabis Store (OCS). Retailers may only sell cannabis obtained through the OCS, together with cannabis consumption accessories, such as a bongs, rolling papers, or vaporizers. Retailers are not permitted to sell cannabis to anyone who is intoxicated or looks intoxicated. Sales to an individual are limited to no more than 30 grams of dried cannabis (or equivalent amount of another kind) in a single visit. No one under 19 years of age is allowed to work in a retail store. All sales, including ordering and payment, must happen in the store. Retailers cannot sell cannabis or cannabis accessories from a display that allows self-service, or from a vending machine. Retailers are not permitted to deliver cannabis to a purchaser s home (these deliveries can only be made through the OCS on-line store). Retailers must display cannabis and accessories in a way that cannot be seen by a young person, even from outside the store.

6 Report LS Council Page 6 of 12 At this time, staff do not have firm, public information from the AGCO on the number of provincial inspectors that will be assigned to monitor private cannabis retail stores, or the different enforcement areas across the province. Staff s experience with the AGCO is that, historically, the province has assigned a minimal number of inspectors to monitor other AGCO-governed sectors, including alcohol and gaming. However, given the retail expansion necessary to meet demand (as evidenced in other provinces), staff are of the opinion that the AGCO needs to appoint a substantial number of additional inspectors to ensure compliance with the new regulations. Are there limitations on when retail cannabis stories can be open, and where they are located? Private retail recreational cannabis stores will be permitted to open between 9:00 a.m. and 11:00 p.m. on any day. These operating hours are consistent with newly proclaimed hours of operation for alcohol sales. The provincial regulations establish a minimum distance of 150 metres (approximately 500 feet) between cannabis retail stores and schools, including private schools. The regulations do not address separation distances to other sensitive uses (e.g., daycares) or to post-secondary institutions. If the school or private school is the primary or only occupant of a building, 150 metres shall be measured from the property line of the property on which the school or private school is located. If the school or private school is not the primary or only occupant of a building, 150 meters shall be measured from the boundary of any space occupied by the school or private school within the building. Town Planning staff have prepared GIS maps showing the 150 metre buffer around each public and private school located in Whitby (Attachment 2). Does the 150 metre school buffer also apply to properties that are owned by a school board and are designated for a school, but the school is not yet built or operational? Staff have written to the AGCO requesting clarity around this issue, and have not received a response as of the date this report was drafted. Can municipalities opt out of having privately-run retail cannabis stores in their community? Local municipalities (not regional municipalities) are being offered a one-time opportunity to opt out of private cannabis retail stores in their communities. By opting out, private cannabis retail stores would not be permitted in a municipality, and residents who wish to purchase recreational cannabis would have to purchase from the online OCS website or from private retail stores in other municipalities.

7 Report LS Council Page 7 of 12 If Council wishes to opt out of the private retail model, they must do so by passing a resolution directed to the AGCO on or before January 22, Should a municipality fail to pass a resolution opting out by the deadline, the AGCO will consider that the municipality has no objection to cannabis retail stores, and such a municipality will automatically be considered to have opted in. Should a Council wish to opt out of the private retail model initially, they may later choose to opt in. However, if the one-time opt out is later reversed, the decision to opt in then becomes final. Further information about the process for opting in or out is set out in the memo from the AGCO in Attachment 3. Can a municipality opt in for certain areas of the municipality, while restricting cannabis retail stores in other areas? No. The wording of the Cannabis Licence Act, 2018 means that the decision to opt in or out is applicable to the entire municipality. Is a municipality permitted to further regulate the private cannabis stores if it allows retail sales? The Cannabis Licence Act, 2018 and its regulations do not allow municipalities to impose by-laws that further restrict or regulate cannabis retail stores. The Act stipulates that municipalities do not have the ability to impose their own system of business licences on privately-run cannabis retail stores. Also, municipalities cannot restrict their locations through the land use provisions in zoning by-laws. Generally, this means that wherever retail stores are permitted (subject to the 150 metre buffer around schools and private schools), cannabis retail stores will be allowed to operate (subject to other applicable zoning restrictions applicable to retail uses, such as setback and building height requirements). Properties in Whitby where zoning by-law land use provisions would permit cannabis retail stores is also shown in Attachment 2. How will municipalities be notified if they opt in, and a cannabis retail store authorization is sought for a specific property? Under the Cannabis Licence Act, 2018, municipalities will not receive direct notification of an application for a cannabis retail store authorization. This is different than when a person is seeking a liquor licence in a municipality. In that situation, the applicant must have the municipality complete a Municipal Information Form that is then sent to the AGCO. Through that process, the municipality can provide comments to the AGCO regarding zoning and other bylaw compliance, as well as other issues related to the application, within 30 days of receiving such notice.

8 Report LS Council Page 8 of 12 Instead, the Act states that a cannabis retail store applicant is only required to display an AGCO approved notice at the location of the proposed cannabis retail store specified in the application. In addition, the AGCO will post a notice of the application on its website in a searchable database. Given the lack of advance notice, this places the burden on municipalities to regularly search the AGCO database to be aware of a retail store application, in order to submit comments regarding the application. This puts municipalities in the same situation as any other member of the public. Staff are concerned that the notification process imposes an operational burden on the Town to seek out applications, which is inconsistent with the liquor licence process. This is especially concerning given that the time period for making comments to the AGCO is limited to 15 days from the date that the notice is posted. As such, staff are recommending that Council provide direction to send a letter to the AGCO requesting that the cannabis retail store notification process follow the liquor licence application process. The response from the AGCO may help Council in making its decision about whether to opt in or out. What comments or concerns of municipalities and the public will be considered by the AGCO when determining if a cannabis retail store location should be permitted? The AGCO will accept written comments from the applicable local and regional municipality, and residents of the municipality, within the 15 day notice period. In considering the comments, the AGCO will be looking to determine if the issuance of the retail store authorization in respect of a proposed store is in the public interest, having regard to the needs and wishes of the residents of the municipality in which the proposed cannabis retail store would be located. However, the consideration of the public interest is very narrow. According to the provincial regulations, only the following matters are matters of public interest that will be considered by the AGCO: (a) protecting public health and safety; (b) protecting youth and restricting their access to cannabis; and (c) preventing illicit activities in relation to cannabis. Has there been any interest by the private sector in establishing cannabis retail locations in Whitby? Staff in Planning and in By-law Services have received approximately one inquiry a week from different private sector interests looking for information about where to establish a retail store. Senior staff and representatives of the Whitby Chamber of Commerce have been approached by a local party who, in concert with an established medical cannabis retailer from Western Canada, has an interest in opening a 2,500 square foot

9 Report LS Council Page 9 of 12 recreational cannabis retail store in Whitby. This retailer is in the process of licensing multiple retail locations in British Columbia, Alberta, and Manitoba. This potential retailer also indicated that its retail operation typically employs about 8-12 people. Based on this information, if Council were to opt in there is interest from at least one retailer looking to open a store in Whitby. 5. Financial Considerations: Financial Incentives from the Province to Opt-In by the Deadline On November 20, 2018, the Minister of Finance wrote to Council that the province will be providing $40 million in funding to municipalities over two years to assist with the implementation costs of recreational cannabis legalization (Attachment 4). This money will make up the Ontario Cannabis Legalization Implementation Fund (OCLIF). According to the Minister and the Deputy Minister (in a follow-up letter dated November 26, 2018 Attachment 5), the OCLIF will be distributed to municipalities as follows: In early January 2019, a first payment of $15 million will be provided to all municipalities on a per household basis, with at least $5,000 paid to each municipality. Following the January 22 deadline to opt-out of cannabis retail stores, a second payment of $15 million will be distributed on a per household basis to municipalities that have not opted-out by the deadline. At least $5,000 will be paid to each such municipality. Municipalities that opt-out will receive no more than $5,000. Information about this second payment will be sent in March A further $10 million is allocated to address unforeseen municipal circumstances related to the legalization of cannabis. Priority is given to municipalities who did not opt-out. There are no details yet about the distribution of these funds. Lower-tier and upper-tier municipalities will receive a 50/50 split of the allocation. The household numbers will be split between the upper- and lower-tier, and the allocation calculated accordingly. Upper-tier municipalities will receive funding in relation to opt-out decisions made by the lower-tier municipality. If Ontario s portion of the federal excise duty on recreational cannabis over the first two years of legalization exceeds $100 million, the province will provide 50 percent of the surplus only to municipalities that have not opted-out as of January 22, According to the Town s calculations, Whitby has slightly less than 0.8% of the total number of households in Ontario according to MPAC records in Based

10 Report LS Council Page 10 of 12 on the 50/50 split between the Region and the Town, the Ministry of Finance has confirmed that Whitby will receive $57,082 as its share of the first payment from the OCLIF. Should the Town allow cannabis retail stores on or before the deadline, the Town s second share from the $15 million OCLIF will be on a per household basis divided amongst all of those municipalities who have opted-in (with municipalities that opt-out receiving a maximum of only $5,000). Assuming that the province honours their financial commitment, the pool of municipalities who will receive a per household payment is expected to be smaller than the first distribution pool. Staff are aware that the councils of Markham, Richmond Hill, and King Township previously opted-out of cannabis retail stores, and appear set to do the same once their new councils take office. If the pool of municipalities is smaller, the Town s share should be greater than the $57,082 in the first distribution if the Town allows cannabis retail stores. The final amount of this payment will not be known until after the opt-out deadline. If the Town opts out, then the second payment will be capped at $5,000. The Deputy Minister has also made clear that if a municipality opts out by January 22, 2019, and opts back in at a later date, that municipality will not be eligible for additional funding. The maximum amount it will receive will be $5,000 from the second distribution, it will not have access to the excise duty surplus, and will have a lesser priority to receive funds from the $10 million unforeseen costs pool of the OCLIF. It is important to note that the provincial funding through the OCLIF is only committed for two years at this time. This should not be considered an ongoing source of revenue. As part of the 2018 budget considerations, the Parliamentary Budget Officer only expects excise tax revenue for cannabis legalization to reach $135 million in the first two years. Based on the 75/25 (provincial/federal) excise tax revenue-sharing agreement, Ontario s share of the excise taxes allocated to the provinces is not projected to exceed $100 million in the first two years. As such, it is not expected that the province will meet the threshold to share excess tax revenue with municipalities. Restrictions on Expenditures According to the Ministry of Finance, municipalities must use the funds they received from the OCLIF solely for the purpose of paying for implementation costs directly related to the legalization of cannabis. Examples of permitted costs include:

11 Report LS Council Page 11 of 12 increased enforcement (e.g., police, public health and by-law enforcement, court administration, litigation); increased response to public inquiries (e.g., 311 calls, correspondence); increased paramedic services; increased fire services; and by-law and policy development (e.g., police, public health, workplace safety policy). Municipalities cannot use the money they receive from the OCLIF to pay for costs that have been, or will be, funded or reimbursed by any other government body, or third party, or costs not related to cannabis legalization (e.g., road reconstruction). Costs of Cannabis Legalization Staff expect there will be costs as a result of the legalization of cannabis as a whole, regardless of Council s decision whether to opt in or out of allowing cannabis retail stores. While it is expected that most of these costs will be borne by By-law Services, staff are also addressing by-law/policy issues that have arisen due to legalization (please see the related report on smoking and the use of cannabis in public places: Report LS 25-18). At this time, staff have not yet fully quantified the costs resulting from the legalization of cannabis as a whole or as a result of opting in. The resulting costs of legalization may impact the Town s ongoing operating budgets in the future, regardless of whether cannabis retail stores are permitted. Any analysis of cost will be dependent on the behaviour of the public and retailers, as the Town has no direct experience in the legalization of cannabis. This is similar to all municipalities across the province. Even though the costs of legalization are expected to be ongoing, the province s proposed funding is currently limited to two years, and is not attached to any continuing cost drivers. Allowing cannabis retail stores could create new business and employment opportunities in the Town, as previously noted. This may have a net benefit for the Town from an economic development perspective, but such an impact is not quantifiable by staff at this time. 6. Communication and Public Engagement: Staff recommend engaging the public through the dedicated information page at Similar to other public surveys in Oshawa, Ajax, and Brampton, residents and business owners will be asked whether they support private retail storefronts selling cannabis in Whitby. Residents will have the ability to provide comments about why they support opting in or out, and they will be able

12 Report LS Council Page 12 of 12 to add their names to the interested party list to stay informed about future Council meetings on the topic. The survey is intended to be open after December 11, and will remain open until before Christmas. Residents will be asked to submit the first three characters of their postal codes (the forward sortation area), in order to better understand trends in responses and track community engagement. There are five postal code areas that comprise Whitby. In order to proactively obtain resident feedback, a direct telephone survey of a statistically relevant sample size of Whitby residents is also a possibility. The cost is expected to be at least $5000, depending on the number of questions and sample size. Following the review and aggregation of all responses from the public, staff will report back prior to Council prior to the opt out deadline about the survey results and summarize the comments. It is expected that the final Council decision on whether to opt in or out of cannabis retail sales will occur at the regular meeting of January 21, Input from Departments/Sources: The content of this report has been discussed with and reviewed by the Treasurer, including the financial components related to the OCLIF distribution. Corporate Communications is working on the final layout of the whitby.ca/cannabis webpage and the public survey, and has provided input on the content of the survey to ensure effective public engagement. 8. Strategic Priorities: Not applicable. 9. Attachments: Attachment 1: AGCO Handout Ontario s Cannabis Retail Regulation Landscape Attachment 2: GIS Maps 150 metre School Buffer and Retail Zoning in Whitby Attachment 3: AGCO Memo Cannabis Retail Store Opt-out Process Attachment 4: Minister of Finance Letter to Council re: OCLIF and Cannabis Legalization Attachment 5: Deputy Minister of Finance Letter to the Treasurer re: OCLIF

13 Attachment 1 to LS Ontario s Cannabis Retail Regulation Landscape Legal Cannabis Supply Chain The Licences and Authorizations you need from the AGCO The Local Community OCS Health Canada regulates the cultivation and processing of cannabis and licenses producers, called Licensed Producers. Licensed Producers are the only legal growers/producers of cannabis products in Ontario. The Ontario Cannabis Store is a Crown agency of the Government of Ontario and is the only legal supplier (wholesaler) of cannabis for private retail stores in Ontario. The OCS operates the only legal online store for recreational cannabis sales in Ontario. The AGCO does not regulate the OCS. RETAIL OPERATOR LICENCE To be able to legally open a retail store to sell recreational cannabis, you must get a Retail Operator Licence. To get this licence, you must meet all of the eligibility criteria set out in the Cannabis Licence Act and its regulations. A Retail Operator Licence allows you to operate one or more retail stores in Ontario. However, you must have a separate Retail Store Authorization for every store you wish to operate. RETAIL STORE AUTHORIZATION You must have a Retail Store Authorization for each one of your stores because the Cannabis Licence Act and its regulations require that each store meet certain requirements. Requirements relate to such matters as the store layout and location. The regulations also give residents of the municipality in which the proposed store would be located the opportunity to provide their input. CANNABIS RETAIL MANAGER LICENCE In order to ensure the responsible sale of cannabis, there must be at least one licensed manager for each authorized store location. The Cannabis Licence Act and its regulations set out eligibility criteria for the person who will have management responsibilities in authorized stores. This includes having responsibility for the cannabis inventory, for hiring and managing employees, and for ensuring the store operates with honesty and integrity at all times. If you are a sole proprietor, and will be both the licensed operator and performing the duties of the retail store manager for a particular store, you do not need to get a Cannabis Retail Manager Licence for your store. MUNICIPALITIES AND FIRST NATIONS RESERVES Ontario municipalities have a one-time option to opt out of having cannabis retail stores in their communities. Municipalities have until January 22, 2019 to inform the AGCO if they wish to opt out. Municipalities that choose to opt out can opt back in at any time but once they are in, they may no longer opt out. A cannabis store can only be located on a First Nations Reserve if it has the approval of the Band Council. RESIDENTS Residents in the municipality of a proposed cannabis store location have an opportunity to share their views with the AGCO before a retail store is authorized. The Registrar may refuse to authorize the store if it is in the public interest to do so. The only areas of public interest the Registrar can consider, as defined by the regulations, are related to public health and safety, protecting youth and restricting their access to cannabis, and preventing illegal activities in relation to cannabis. For more information, visit us online or call (416) or toll free 1 (800)

14 Ba ld Anderson St Taunton Rd E Brock St N Cochrane St Highway 412 Taunton Rd W Rossland Rd W Rossland Rd E Dundas St W 1 Victoria St W Consumers Dr Champlain Ave Victoria St E Thickson Rd S y 40 Hopkins St hw a Brock St S Henry St Dundas St E Hig Lake Ridge Rd S Thickson R wi ns ts Highway 4 Attachment 2 to LS Wentworth St Whitby Schools & Retail Locations Based on Zoning- Excluding Mixed Use in the West Whitby Secondary Plan Date: December 2018 NAD83 UTM Zone 17N Digital cartography by The Corporation of the Town of Whitby, Planning Department. Copyright 2018 Town of Whitby. All rights reserved. May not be reproduced without permission. Legend ± Parcel Fabric School Location (Governed by Education Act, includes Private Schools) School Location - 150m Buffer Vacant (Owned by School Board) Permits Retail Sales Metres 575 Rossland Road East, Whitby, Ontario, Canada, L1N 2M8 Phone Fax External Data Sources: 2017 Orthophotography provided by First Base Solutions Inc. Parcel Fabric: Teranet Enterprises Inc. and its suppliers. All rights reserved. Not a Plan of Survey. 1,000 The Town of Whitby assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The Town of Whitby does not make any representations or warranty, express or implied, concerning the accuracy, quality, likely results or reliability of the use of the information contained in this document.

15 Thickson Rd N Lake Ridge Rd N Townline Rd W Townline Rd E Myrtle Rd W Myrtle Rd E Brawley Rd W Brawley Rd E Columbus Rd W Ashburn Rd Baldwin St N Columbus Rd E Highway 407 Baldwin St Winchester Rd W Winchester Rd E Highway 407 Highway 412 Baldwin St S Brooklin Schools & Retail Locations Based on Zoning- Excluding Mixed Use in the New Brooklin Secondary Plan Legend Parcel Fabric School Location (Governed by Education Act, includes Private Schools) School Location - 150m Buffer Vacant (Owned by School Board) Permits Retail Sales ± ,000 Metres Date: December 2018 NAD83 UTM Zone 17N Digital cartography by The Corporation of the Town of Whitby, Planning Department. Copyright 2018 Town of Whitby. All rights reserved. May not be reproduced without permission. 575 Rossland Road East, Whitby, Ontario, Canada, L1N 2M8 Phone Fax External Data Sources: 2017 Orthophotography provided by First Base Solutions Inc. Parcel Fabric: Teranet Enterprises Inc. and its suppliers. All rights reserved. Not a Plan of Survey. The Town of Whitby assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The Town of Whitby does not make any representations or warranty, express or implied, concerning the accuracy, quality, likely results or reliability of the use of the information contained in this document.

16 Attachment 3 to LS 26-18

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19 Attachment 4 to LS 26-18

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22 Attachment 5 to LS 26-18

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26 Ontario Cannabis Legalization Implementation Fund First Payment - Allocation Notice Town of Whitby 1809 Region of Durham The Ontario Cannabis Legalization Implementation Fund (OCLIF) is provided to municipalities to help with the implementation costs of recreational cannabis legalization. Funding Allocation $57,082 A Funding Amount based on Number of Households (A1 x A2 100) $57, Number of Households 44, Funding Amount per 100 Households $ Notes and Data Sources A - funding amount is rounded up to the nearest dollar. A1 - household figures are based on the 2018 returned roll provided by the Municipal Property Assessment Corporation (MPAC). A2 - represents the funding amount per 100 households for lower-tier municipalities. Ontario Ministry of Finance Issued: November 2018

Retail Cannabis Public Information Centre December 12, Paul Voorn, Associate Solicitor Ted Horton, Planner

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