CORP Information Memo

Transcription

1 CORP Information Memo To: From: Item Number: City Council Mark Robinson, Interim Commissioner, Corporate Services Department INFO Date: May 16, 2018 Subject: Municipal Law Enforcement and Cannabis Legislation File: D Purpose This report responds to direction to assess the impending introduction of legalized recreational cannabis by the Federal and Provincial governments and the impact on enforcement and licensing in the City of Oshawa. 2.0 Input From Other Sources Legal Services Region of Durham Health Department 3.0 Analysis 3.1 Background At the November 13, 2017 Corporate Services Committee ( Committee ) meeting, staff were directed to conduct research and provide an interim report dealing with the use of cannabis and possible related issues. In February 2018, report CNCL City of Oshawa Comments to the Provincial Government Concerning Cannabis Consumption (Attachment 1) was released which detailed the City of Oshawa s ( the City ) comments to the Provincial government s framework and consultation concerning cannabis consumption, the impacts within multi-unit dwellings, and consumption lounges/venues. In March 2018, report DS Cannabis Retail Stores Zoning Review, Site Selection Guideline Consideration and Recommended Public Consultation Process (Attachment 2) was released detailing a public consultation process concerning the location of Provincially-run cannabis retail stores. This report responds to Committee s November 13, 2017 direction and presents findings on cannabis-related enforcement issues. The report includes information from the following sources: Provincial and Federal legislation and corresponding primer documents Reports CNCL and DS

2 Memo to City Council Item: INFO Date: May 16, 2018 Page 2 Federation of Canadian Municipalities (F.C.M.) Municipal Guide to Cannabis Legalization Association of Municipalities Ontario s (A.M.O.) Companion Document to F.C.M. s Municipal Guide to Cannabis Legalization Staff discussions with municipal and provincial partners at: o Municipal Issues and Legalization of Cannabis Conference o Regional Enforcement Manager Meetings 3.2 Cannabis Legislation Cannabis is currently a Schedule II Drug under the Federal Controlled Drug and Substances Act. As of the date of this report, the non-medical possession and sale of cannabis remains illegal. The Federal government has stated their commitment to legalize, strictly regulate and restrict access to cannabis for non-medical purposes 1, while also ensuring that such legalization restricts youth access to cannabis and limits the ability of criminal elements to make profits from the cannabis trade. In April 2017, Bill C-45 and companion legislation Bill C-46 were introduced in the House of Commons with the intent of federally regulating the production of recreational cannabis, leaving the provinces and territories to regulate sales, distribution and consumption. The Province of Ontario (the Province ) has introduced complementary legislation, being Bill 174, to establish distribution criteria and to regulate the sales of non-medicinal cannabis. It is expected that legalization of recreational cannabis will occur in Summer-Fall 2018 and the formal introduction across Ontario will occur shortly thereafter. A comparison of some key features of the proposed framework is found in Table 1. Further information on the upcoming legislation, including the City s position on consumption lounges and consumption in multi-unit dwellings can be found in report CNCL (Attachment 1). It is important to note that the legislation remains in development and the date for legalization has not yet been confirmed. The information provided is accurate at the time of writing this report, but may change as the legislation develops. 1 Department of Justice. Status of Cannabis Laws in Canada - Legalization and Regulation of Cannabis. Government of Canada, Department of Justice, Electronic Communications, Government of Canada, 27 July 2017, 101

3 Memo to City Council Item: INFO Date: May 16, 2018 Page 3 Table 1 Proposed Federal and Provincial Framework Federal Government Bill C-45/C-46 Government of Ontario Bill 174 Referred to the Senate Committee on Received royal assent December 2017 Social Affairs, Science and Technology March or older to buy, have, sell, share, and cultivate Must be 18 or older to possess Permitted to purchase dried or fresh cannabis and cannabis oils from provincially licensed retailers Permitted to possess up to 30g of legal dried cannabis or equivalent in nondried form Establishes a provincially operated store front and online retail system operated by a subsidiary of the Liquor Control Board of Ontario (identified as the Ontario Cannabis Retail Corporation ) Bans the use of cannabis in public places, workplaces and motor vehicles Permitted to grow up to four (4) plants per residence for personal use Similar to existing restrictions for alcohol and tobacco 3.3 Cannabis and Municipal Licensing Authority Permitted on private property (including residences) At the time of drafting this report, the Province has stated sales will be permitted through Provincially-run stand-alone cannabis stores and online distribution. Private sales will not be permitted, and illegal dispensaries will face heavy fines and jail terms if they emerge. Additionally, the storefronts will be run through a subsidiary of the Liquor Control Board of Ontario, specifically identified as the Ontario Cannabis Retail Corporation (O.C.R.C.). Twenty-nine (29) municipalities have been identified as future hosts to O.C.R.C. storefronts, including Oshawa. 2 Guidelines to be considered when determining the locations of the stores within the municipalities include: Municipal zoning by-laws; Proximity to schools; Equitable access for community members, and Addressing illegal storefronts. A non-statutory public meeting process will be undertaken by Development Services staff to obtain public input on where cannabis retail stores should or should not be permitted to be located in the City. Input from the public meeting process will inform the development of proposed site selection guidelines to be approved by Council and subsequently forwarded to the Province. Further details are provided in DS appended in Attachment 2. 2 FAQ. LCBO Cannabis Updates, Province of Ontario, lcbocannabisupdates.com/faq/. 102

4 Memo to City Council Item: INFO Date: May 16, 2018 Page 4 As confirmed by the Association of Municipalities of Ontario, the proposed model for dispensing non-medicinal cannabis in Ontario only involves the O.C.R.C. at this time and therefore municipalities do not have a licensing role. 3 The O.C.R.C. is an Agent of the Crown and the City would not have the authority to regulate O.C.R.C. storefronts under Licensing By-law If the distribution model changes to permit private sales, there may be a greater role for municipal licensing services in the future. 3.4 Cannabis-Related Enforcement At this time, the role of Municipal Law Enforcement Officers (M.L.E.O.s) in enforcing the new recreational cannabis legislation appears to be quite limited. Notwithstanding this, enforcement agencies affiliated with Durham Region may have a more active enforcement role as follows: Illegal public consumption of tobacco (Smoke Free Ontario Legislation) - Regional Health Department 4 Illegal possession of cannabis - Durham Regional Police Service Illegal dispensaries - Durham Regional Police Service The Provincial legislation speaks to the role of police officers in the enforcement of illegal sales and distribution, including rights of seizure, closure and arrest. 5 While some authorities may also be extended to Provincial Offences Officers (which could include the City s M.L.E.O.s), it is anticipated that such enforcement will remain with police services (such as Durham Regional Police, Ontario Provincial Police and Royal Canadian Mounted Police) as police services are better equipped to handle the duties of various enforcement roles, including seizure, and are the only enforcement group with authority to arrest. It is necessary that a coordinated approach be taken once the effects of legalization are known and enforcement roles are clarified. With regard to the consumption of cannabis in public spaces, it is anticipated that enforcement authorities will use the Cannabis Act, 2017 legislation to guide enforcement. At the time of this report, staff are aware that the Province continues to consult on permitting cannabis consumption lounges. The City has previously stated that it does not support such lounges in report CNCL (Attachment 1). If the Province permits cannabis consumption in such venues, Municipal Law Enforcement and Licensing Services (M.L.E.L.S.) may have a role to play in licensing and enforcing licensing standards. The Province has yet to provide clear direction on this. 3 Reid, Craig. AMO's Companion Document to FCM's Municipal Guide to Cannabis Legalization. AMO's Companion Document to FCM's Municipal Guide to Cannabis Legalization, Association of Municipalities of Ontario, 16 Apr PDFs/Reports/2018/AMOCompanionDocumentFCMGuideCannabis aspx. 4 The Region of Durham is currently drafting a revised regional smoke-free by-law that may address some issues relating to the upcoming legislation. 5 Cannabis Act,

5 Memo to City Council Item: INFO Date: May 16, 2018 Page 5 Table 2 identifies a potential breakdown of enforcement commitments cross-referenced with the possible enforcement agencies connected with the issues. Note: Enforcement roles continue to be evaluated as the legislation evolves and changes are dynamic. This table is not intended to be interpreted as final and complete, but rather to be used for information purposes at the time of this report. Table 2 Enforcement Agencies and Potential Cannabis Issues Agency Police Region (i.e. Health Department and Tobacco Enforcement Officers) Municipal Law Enforcement Unknown Issue Illegal possession Impaired driving Distribution Illegal dispensaries Public consumption, if Regional by-law expanded to include recreational cannabis Property Standards infractions, such as mould related to growing plants and the associated humidity Personal growing (exceeding the allowance of four (4) plants per residence) 6 In discussion with peers from various Municipal Law Enforcement agencies from across Ontario, it is the general opinion that M.L.E.O.s are not resourced to enforce cannabis regulations. There is currently no additional funding for cannabis enforcement by the City s M.L.E.O.s and, outside of possible Property Standards By-law enforcement, there is no role for Oshawa s M.L.E.O.s in cannabis-related enforcement. In fact, it would appear that much of the enforcement would fall to police services. The City will work with the Region in order to direct any cannabis-related calls and complaints to D.R.P.S. for potential enforcement. In terms of places of use, the Provincial legislation states that cannabis consumption is prohibited in the following places: A public place; A workplace; A vehicle or boat; or Any prescribed place. 6 Limit set by Federal legislation and confirmed by Provincial legislation; however, as the F.C.M. states, the extent to which this will be enforced by Federal officials is unknown and municipalities must be careful when considering whether they have the resources to become involved in this degree of enforcement. 104

6 Memo to City Council Item: INFO Date: May 16, 2018 Page 6 The Provincial government has recently issued further clarification on places of use, as seen in Attachment 3. Recreational cannabis use will only be permitted in: A private residence, including the outdoor space of a home (for example, a porch or back yard) Your dwelling space or on your balcony, if you live in a multi-unit building like an apartment or condo, but that depends on your building s rules or your lease agreement This clarification is an example of the fluidity of the legislative framework. Elements continue to be developed while the Provincial and Federal governments move towards legalization and, as such, there is a necessity to continue to monitor the legislative progress in order to respond accordingly when the issues related to legalization are realized. 3.5 Conclusion As of the date of this report, the legislation remains under development. Ontario has committed to monitoring the health and safety outcomes of the upcoming cannabis legislation in consideration of potential adjustments and changes if required. Notwithstanding this, a lack of clarity remains amongst many municipalities and agencies related to topics of enforcement roles and issues as confirmed by a recent attendance at a symposium on municipal issues in the legalization of cannabis and a recent publication released by the F.C.M. 7 Staff are actively engaging enforcement partners in an effort to ascertain the division roles and responsibilities and providing commentary to the Province (ex. CNCL-18-04) as part of their consultation process. It is not possible to fully understand the issues that may arise until the legalization process is complete; as such, staff are monitoring legislative changes in an effort to respond accordingly. The City s M.L.E.O.s presently have a minimal role in the legalization of recreational cannabis, but will continue to work with the Region and direct calls to D.R.P.S. for enforcement, as necessary. 4.0 Financial Implications There are no financial implications directly related to this report. At this time, M.L.E.L.S. has a very minimal role in the legalization of cannabis. There is currently no licensing role, and enforcement will only be related to the City s Property Standards By-law. Nevertheless, if M.L.E.L.S. s role is changed or expanded in the future in relation to licensing systems or enforcement practices, there may be financial implications to consider at that time. It is also necessary to continue to monitor opportunities to receive a portion of municipal cannabis tax revenues to help fund any costs of recreational cannabis legalization borne by the City. 7 Federation of Canadian Municipalities, Municipal Guide to Cannabis Legalization. Municipal Guide to Cannabis Legalization, Federation of Canadian Municipalities, 16 Apr fcm.ca/documents/issues/cannabis-guide-en.pdf. 105

7 Memo to City Council Item: INFO Date: May 16, 2018 Page Relationship to the Oshawa Strategic Plan The recommendations in this report respond to the Oshawa Strategic Plan Goals: 4.2 Accountable Leadership Jerry Conlin, Director, Municipal Law Enforcement and Licensing Services Mark Robinson, Interim Commissioner, Corporate Services Department Attachments 106

8 Item: INFO Attachment 1 Public Report To: From: Report Number: Council in Committee of the Whole Jag Sharma, City Manager, Office of the City Manager CNCL Date of Report: February 14, 2018 Date of Meeting: February 20, 2018 Subject: File: City of Oshawa Comments to the Provincial Government Concerning Cannabis Consumption A Purpose The purpose of this report is to: 1. Provide information to Council on the proposed regulations under the Cannabis Act, 2017 that would: Prescribe restrictions on where medical cannabis can be used in a form that is not smoked or vaped; Clarify the places of use rules for recreational cannabis; and Provide exemptions to permit the consumption of cannabis in hotel, motel and inn rooms, vehicles and boats that are used as residences and in private residences that are also workplaces. 2. Obtain Council s endorsement of City comments regarding the Province's request for input on the following Post Legalization Considerations: Permitting licensed and regulated cannabis consumption lounges and venues; and Permitting owners or operators of multi-unit dwellings to designate outdoor areas for the smoking/vaping of recreational cannabis. These two items are under consideration and will have additional consultation when posted to the Registry but comments now can help inform the policy development. Attachment 1 to this report is a Provincial document entitled Proposed Regulations under the Cannabis Act, 2017 that is currently posted on the Ontario Regulatory Registry (the Registry) for comment. 107

9 Report to Council in Committee of the Whole Item: CNCL Meeting Date: February 20, 2018 Page 2 Comments on the document are due by March 5, Recommendation It is recommended to City Council: 1. That Report CNCL dated February 14, 2018 be endorsed as the City s comments on the Ontario government s Post Legalization Considerations to permit licensed and regulated cannabis consumption lounges and venues and to permit owners or operators of multi-unit dwellings to designate outdoor areas for the consumption of recreational cannabis under the Cannabis Act, That a copy of Report CNCL and the related Council resolution be sent to the Premier of Ontario, the Region of Durham, all Durham area municipalities, all Durham MPP s and the Association of Municipalities of Ontario. 3.0 Executive Summary Not applicable. 4.0 Input From Other Sources Development Services, Corporate Services and the Association of Municipalities of Ontario (AMO) have been consulted during the preparation of this report. AMO intends to advise through the consultation process that municipalities should be able to license these cannabis lounges/venues at their discretion with jurisdiction over location, proximity to sensitive uses such as schools and places of worship as well as proximity to other lounges/venues, hours of operation, etc. 5.0 Analysis 5.1 Proposed Regulations under the Cannabis Act, 2017 On January 18, 2018 the Province issued a request for public feedback on the document entitled Proposed Regulations under the Cannabis Act, 2017 which forms Attachment 1 to this Report. The document states that the Ontario Ministry of the Attorney General is considering regulations under the Cannabis Act, 2017 that would: Prescribe restrictions on where medical cannabis can be used in a form that is not smoked or vaped; Clarify the places of use rules for recreational cannabis; and Provide exemptions to permit the consumption of cannabis in hotels, motels and inn rooms, vehicles and boats that are used as residences and in private residences that are also workplaces. Staff have no comments on the proposed regulations. 108

10 Report to Council in Committee of the Whole Item: CNCL Meeting Date: February 20, 2018 Page Post Legalization Considerations: Multi-Unit Dwellings and Consumption Lounges/Venues The Province advises that it is committed to monitoring public health and safety as a result of the consumption of cannabis, both medical and recreational. The monitoring will provide baseline information to inform the future considerations of adjustments to the Provincial framework, if an adjustment is warranted. This adjustment may include exploring the feasibility of increasing the options for where cannabis can be consumed without significantly increasing exposure to second-hand smoke and vapour. At this time, the Ministry is also seeking early feedback on Post Legalization Considerations to permit licensed and regulated cannabis consumption lounges/venues and designated outdoor smoking and vaping areas for cannabis for multi-unit dwellings. The document (Attachment 1) does not provide any specific regulations concerning these two matters. It is recommended that Council endorse the following comments: The City does not support permitting licensed and regulated cannabis consumption lounges/venues at this time. The legalization of cannabis is in its infancy and it will take a number of years of post-legalization experience to determine the effects of legalization on communities. Any consideration of licensed and regulated cannabis consumption lounges/venues should be deferred until the impacts of legalization are better understood. A clear definition of a cannabis consumption lounge/venue should be developed by the Province. The Province should provide the local municipalities with the ability to license cannabis consumption lounges/venues. Such proposals can be reviewed on a site specific basis against any local by-laws (e.g. zoning), regulations, policies and subject to any necessary public consultation process. Municipalities should be permitted to set any regulations that are considered appropriate (i.e. hours of operation, separation distances from sensitive land uses, etc.). Before implementation of a regulatory framework for cannabis consumption lounges/venues, municipalities should be provided with a minimum two year lead time to allow for any necessary zoning review, public consultation and possible appeal process to the Ontario Municipal Board or Local Planning Appeal Tribunal, as the case may be. Local municipalities should be given the authority to determine where the lounges/venues are permitted. A minimum age limit (19 years of age) for individuals to enter a cannabis consumption lounge/venue to ensure that underage individuals are not allowed in the establishment should be established to protect our children and youth. 109

11 Report to Council in Committee of the Whole Item: CNCL Meeting Date: February 20, 2018 Page 4 The health and safety (e.g. related to those driving that have inhaled second hand smoke) implications of second hand cannabis smoke for those in the establishments and not there to consume cannabis (i.e. employees) should be reviewed by the Province. Any necessary amendments to the Ontario Building Code to ensure that cannabis consumption lounges/venues have appropriate ventilation systems to ensure that odours and other vapours are contained within the establishment should be investigated by the Province. The City also does not support permitting owners/operators of multi-unit dwellings to designate outdoor areas for the smoking/vaping of cannabis and support the regulations that prohibits the designation of outdoor areas for cannabis consumption for multi-unit dwellings (i.e. condominiums and apartments). Permitting designated areas for consumption at multi-unit dwellings may affect the ability of non-users to enjoy the outdoor amenity space that is available at multi-unit dwellings or on adjacent properties as they may be subject to second-hand cannabis smoke. 6.0 Financial Implications There are no financial implications associated with the recommendation in this Report. 7.0 Relationship to the Oshawa Strategic Plan The comments are intended to advance the Accountable Leadership goal of the Oshawa Strategic Plan. Jag Sharma, City Manager, Office of the City Manager 110

12 Regulation Number (s): N/A Bill or Act: Cannabis Act, 2017 Summary of the Proposal: Proposed Regulations under the Cannabis Act, 2017 Item: CNCL Attachment 1 In April 2017, the federal government introduced Bill C-45, the Cannabis Act, to legalize and regulate recreational cannabis in Canada by July Once in force, Bill C-45 will create rules for producing, distributing, selling and possessing cannabis across Canada. In preparation for the federal legalization of cannabis, Ontario has developed a safe and sensible framework to govern recreational cannabis within the province. Ontario's safe and sensible approach was informed by the province's experience managing tobacco and alcohol, advice from public safety and health partners, and lessons learned from jurisdictions that have recently legalized cannabis. As part of this plan, the Government of Ontario introduced Bill 174, Cannabis, Smoke- Free Ontario and Road Safety Statute Law Amendment Act, 2017, on November 1, Bill 174 received Royal Assent on December 12, Schedule 1 of the Bill, which enacts the Cannabis Act, 2017, will be proclaimed into force when federal Bill C- 45, the Cannabis Act, comes into force. Schedule 3 of the Bill, which enacts the Smoke- Free Ontario Act, 2017, will be proclaimed into force on a date named by the Lieutenant Governor in Council. The Cannabis Act, 2017 establishes provincial rules respecting the sale, distribution, purchase, possession, transportation, cultivation and consumption of cannabis. The Act also creates stringent penalties for individuals or corporations convicted of illegally selling or distributing cannabis, and for landlords who knowingly permit these activities on their premises to combat the illegal market. The Smoke-Free Ontario Act, 2017 includes rules regarding the smoking and vaping of medical cannabis specifically. The Ministry of the Attorney General is considering regulations under the Cannabis Act, 2017 that would: 1. Prescribe restrictions on where medical cannabis can be used in a form that is not smoked or vaped 2. Clarify the places of use rules for recreational cannabis 3. Provide exemptions to permit the consumption of cannabis in hotel, motel and inn rooms, vehicles and boats that are used as residences and in private residences that are also workplaces 111

13 The Ministry is also seeking early feedback on prospective proposals to permit licensed and regulated cannabis consumption lounges/venues 1 and/or designated outdoor smoking and vaping areas for cannabis for multi-unit dwellings. Additional regulatory proposals related to the retail and distribution of cannabis in Ontario, the Smoke-Free Ontario Act, 2017, and road safety measures, including impaired driving, have been separately posted on the Regulatory Registry for feedback. More information on Ontario s approach to federal cannabis legalization is available at: 1. Places of Use for Medical Cannabis Ontario's cannabis legislation regulates the use of recreational and medical cannabis separately, as each has different purposes and considerations. Medical cannabis is obtained for health-related purposes in accordance with applicable federal law. Because this type of cannabis is a form of medical treatment and requires authorization by a health care practitioner, it should be considered from a health perspective. In addition, individuals who use medical cannabis may need to use their medication in places where the use of recreational cannabis is not permitted. The Cannabis Act, 2017 prohibits the use of any form of recreational cannabis in public places, workplaces, motor vehicles and boats and permits medical cannabis users to use cannabis for medical purposes in any place where cannabis use is otherwise prohibited, subject to any restrictions set out in the regulations or in the Smoke-Free Ontario Act, The Smoke-Free Ontario Act, 2017 places restrictions on where medical cannabis can be smoked or vaped, but it does not restrict the consumption of other forms of medical cannabis. The Ministry of the Attorney General is proposing to bring forward a regulation that would prohibit medical cannabis users from using medical cannabis while driving or having care or control of a vehicle or boat, whether or not the vehicle or boat is in motion. Medical cannabis users would still be permitted to consume cannabis if they are a passenger in a vehicle or boat, provided the cannabis is not smoked or vaped. In order to ensure that passengers who are authorized medical cannabis users are able to access their medical cannabis, the Ministry of the Attorney General proposes to exempt medical cannabis users from the prohibition on transporting cannabis as long as the following conditions are met: The cannabis was obtained in accordance with applicable federal law respecting medical cannabis 1 Legislative amendments would be required to implement this proposal. 112

14 The person transporting the cannabis is a medical user The cannabis is not made readily available to the driver or operator of the vehicle or boat 2. Places of Use for Recreational Cannabis Clarification of Places of Use Rules The Ministry of the Attorney General is also proposing that certain places where recreational cannabis cannot be used be prescribed for greater certainty without limiting the generality of the places of use rules and to ensure alignment with the Smoke-Free Ontario Act, 2017, where appropriate: A school within the meaning of the Education Act. A building or the grounds surrounding the building of a private school within the meaning of the Education Act, where the private school is the only occupant of the premises, or the grounds annexed to a private school, where the private school is not the only occupant of the premises. A child care centre within the meaning of the Child Care and Early Years Act, A place where an early years program or service is provided within the meaning of the Child Care and Early Years Act, It is also proposed to restrict the smoking or vaping of recreational cannabis in any indoor or outdoor common area in a condominium, apartment building or university or college residence, including, without being limited to, elevators, hallways, parking garages, party or entertainment rooms, laundry facilities, lobbies and exercise areas. This is consistent with our safe and sensible approach to cannabis legalization and with the public health intent of the Smoke-Free Ontario Act, 2017 to protect youth and young adults from exposure to smoke and vape. The use of other forms of recreational cannabis would not be restricted in these areas. 3 (a) Hotel, Motel and Inn Rooms The Ministry of the Attorney General is proposing a limited exemption to permit the use of recreational cannabis in hotel, motel and inn rooms. Under the proposed regulation, registered guests or invited guests of registered guests would be permitted to use recreational cannabis in a hotel, motel or inn room, provided the room is primarily designated as sleeping accommodation and the cannabis is not being smoked or vaped. The smoking or vaping of cannabis would only be permitted in designated smoking rooms to align with the Smoke-Free Ontario Act, Vehicles and Boats as Private Residences The Ministry of the Attorney General is proposing a limited exemption to permit the use of recreational cannabis in vehicles and boats when they are in use as temporary or 113

15 permanent living places. This is consistent with the rules respecting alcohol consumption under the Liquor Licence Act and regulations made under that Act. Consumption of recreational cannabis would be permitted in a vehicle equipped with sleeping accommodation and cooking facilities when the vehicle is parked and being used as a residence. The exemption would not apply while the vehicle is on a highway. Consumption of recreational cannabis would be permitted in boats with permanent sleeping accommodations and permanent cooking and sanitary facilities while the boat is at anchor or secured to a dock or land. The dock or land would also be exempt from the consumption prohibition, except at times where the public is invited or permitted access. Boats used to carry passengers for hire would not be included in the exemption. 3 (b) Workplaces in Private Residences The Ministry of the Attorney General is proposing to exempt most private residences that are also workplaces from the prohibition on consuming cannabis in workplaces. The proposed exemptions are similar to the consumption rules respecting smoking, e- cigarettes and medical cannabis in the Smoke-Free Ontario Act, The following residences that also serve as workplaces would be subject to specific conditions on where and how recreational cannabis can be consumed: Long-term care homes within the meaning of the Long-Term Care Homes Act, A residential facility that is operated as a retirement home and that provides care, in addition to accommodation, to the residents of the home. A supportive housing residence funded or administered through the Ministry of Health and Long-Term Care or the Ministry of Community and Social Services. Homes for special care licensed under the Homes for Special Care Act. Psychiatric facilities formerly designated under the now repealed Mental Hospitals Act, Specific veterans facilities: the Parkwood Hospital site of St. Joseph s Health Care London, and the Kilgour wing (K wing) and the George Hees wing (L wing) of the Sunnybrook and Women s College Health Sciences Centre. Consistent with the approach under the Smoke-Free Ontario Act, 2017, and regulations proposed under that Act, the smoking or vaping of recreational cannabis would only be permitted in the abovementioned facilities under the same conditions in which tobacco smoking, the use of e-cigarettes and the smoking or vaping medical cannabis is permitted: The room has been designated as a controlled area for smoking or the use of electronic cigarettes, or both. 114

16 A resident who desires to use the room must be able, in the opinion of the proprietor or employer, to do so safely without assistance from an employee. An employee who does not desire to enter the room shall not be required to do so. Use of the room is limited to residents of the residence. The room is an enclosed space fitted with proper ventilation and is identified as a controlled area by means of signs. The consumption of other forms of recreational cannabis would not be prohibited. As well, the smoking and vaping of recreational cannabis would be prohibited in places where home child care is provided within the meaning of the Child Care and Early Years Act, 2014, whether or not children are present. This is consistent with the rules for smoking, e-cigarettes and medical cannabis in home child care settings set out in the Smoke-Free Ontario Act, Other forms of recreational cannabis would not be prohibited in these places as long as children are not present when the cannabis is being used. Post-Legalization Considerations: Multi-Unit Dwellings and Consumption Lounges/Venues Ontario s precautionary approach to the consumption of recreational cannabis under the Cannabis Act, 2017 is intended to protect the health and well-being of all Ontarians, especially children, youth and other vulnerable populations, by limiting exposure to second-hand smoke and vapour and is consistent with the Ontario government s safe and sensible approach to cannabis legalization. At the same time, Ontario has committed to closely monitoring the public health and safety outcomes of cannabis legalization to inform future consideration of potential adjustments to the provincial framework, if warranted. This includes proactively exploring the feasibility and implications of potential approaches that would provide more options for where people can consume cannabis without significantly increasing exposure to second-hand smoke and vapour. Currently, the Ministry is considering the following approaches: Permitting licensed and regulated cannabis consumption lounges and venues; and Permitting owners or operators of multi-unit dwellings to designate outdoor areas for the consumption of recreational cannabis. These approaches are under consideration and will require additional consultation. Feedback on this proposal will be used to inform future policy development and consultations. 115

17 Next Steps: This summary report will be posted for public and stakeholder review and feedback from January 18 to March 5, In preparing the proposed draft regulations, the government will consider the feedback received through the Regulatory Registry. If the final proposed regulations are approved, it is expected that they would take effect in July 2018 to align with the federal government s anticipated timeline for legalization. We will continue working with municipalities, health and safety organizations, law enforcement, Indigenous communities and stakeholders as we progress towards legalization, which will ensure a safe and sensible approach to this substance. 116

18 Item: INFO Attachment 2 Public Report To: From: Report Number: Development Services Committee Paul D. Ralph, BES, RPP, MCIP, Commissioner, Development Services Department DS Date of Report: March 22, 2018 Date of Meeting: March 26, 2018 Subject: File: Cannabis Retail Stores Zoning Review, Site Selection Guideline Considerations and Recommended Public Consultation Process A Purpose The purpose of this report is to respond to the following December 15, 2017 Oshawa City Council direction: That the Development Services Department prepare a report to Development Services Committee and Council providing information on draft proposed siting guidelines and zoning matters that would be considered during a public consultation process and an outline of the proposed public consultation process which would include, amongst other matters, a public meeting to be held by the Development Services Committee and a communication plan. 2.0 Recommendation That the Development Services Committee recommend to City Council: 1. That, pursuant to Report DS dated March 22, 2018, the Development Services Department be authorized to initiate the non-statutory public meeting process to obtain public input on where cannabis retail stores should or should not be permitted to be located in the City. 2. That the Liquor Control Board of Ontario staff be requested to attend the non-statutory public meeting and provide a presentation on the Province s process and considerations for determining locations for cannabis retail stores. 3.0 Executive Summary Not applicable. 117

19 Report to Development Services Committee Item: DS Meeting Date: March 26, 2018 Page Input From Other Sources 4.1 Other Municipalities The following 29 municipalities were identified by the Province as the municipalities targeted for the initial 40 cannabis retail stores that were intended to be opened in 2018: Ajax Barrie Belleville Brampton Brantford Burlington Cambridge Chatham-Kent Guelph Hamilton Kingston Kitchener Lindsay (Kawartha Lakes) London Mississauga Niagara Falls Oakville Oshawa Ottawa Peterborough Sault Ste. Marie St. Catharines Sudbury Thunder Bay Toronto Vaughan Waterloo Whitby Windsor Staff will consult with these municipalities to understand their approach to zoning for cannabis retail stores and their experiences with locational guidelines for the stores. This information will be included in a subsequent staff report to be prepared for a future nonstatutory public meeting. In addition, the Region of Durham Health Department issued a report (2017-INFO-123 dated November 10, 2017) on recommended site location considerations for cannabis retail stores (see Section 5.3). 5.0 Analysis 5.1 Background There have been illegal cannabis retail stores located in the past in the City. They were illegal since the sale of recreational cannabis was not permitted by Federal and Provincial law. These stores have since closed but were located in such locations as the Downtown and Midtown Mall. On December 12, 2017 the Province of Ontario approved legislation titled Ontario s Cannabis Act, 2017 to regulate the lawful use, sale and distribution of recreational cannabis. The Liquor Control Board of Ontario (LCBO) will be responsible for operating cannabis stores. In November and December 2017, the Province identified the municipalities where they intended to open the first 40 cannabis retail stores and engaged in meetings with the selected municipalities. The LCBO identified Oshawa, Ajax and Whitby as potential cannabis store locations with the intention of opening the stores by July 1, (Note: this opening date has now been delayed due to the Federal Government.) 118

20 Report to Development Services Committee Item: DS Meeting Date: March 26, 2018 Page 3 On December 13, 2017 staff from the Province met with Mayor Henry and City and Regional staff to overview the Province s cannabis store siting guidelines and other matters concerning the Province s approach to dealing with issues related to the recreational cannabis plan. A number of outstanding issues of concern to the City were identified in the meeting that need to be addressed prior to opening a cannabis retail store in the City, such as the process to determine appropriate locations for stores, the financial impact on the Region and City, the impact on Durham Regional Police and the City s by-law enforcement staff, the impact on social service agencies and health care services such as those that deal with addictions and the impact of cannabis smoke on the quality of life and health of residents within adjacent properties/dwelling units. On December 13, 2017 Provincial staff advised that the Province would respect any request from the City to delay the site selection process for a cannabis store. On December 15, 2017 City Council passed the following resolution: 1. That the City of Oshawa requests the Liquor Control Board of Ontario and Province of Ontario to defer the site selection process for a potential cannabis store in Oshawa until the City has completed its public consultation on the proposed siting guidelines and a zoning review and any required implementation. 2. That the Development Services Department prepare a report to Development Services Committee and Council providing information on draft proposed siting guidelines and zoning matters that would be considered during a public consultation process and an outline of the proposed public consultation process which would include, amongst other matters, a public meeting to be held by the Development Services Committee and a communication plan. 3. That the Province of Ontario be requested to address, by July 1, 2018, all outstanding concerns of the City and Region of Durham related to the legalization of cannabis including such matters as the financial impact on the Region and City, the impact on Durham Regional Police and the City s by-law enforcement staff, the impact on social service agencies and health care services and the impact of cannabis smoke on neighbours and that Mayor Henry send a letter to Prime Minister Trudeau and Premier Wynne outlining these concerns. 4. That a copy of this resolution be provided to Prime Minister Trudeau, Premier Wynne, the Region of Durham, the Association of Municipalities of Ontario, Members of Parliament in Durham Region, Members of Provincial Parliament in Durham Region and all area Municipalities in Durham Region. 5.2 Review of Zoning Matters Zoning By-law defines a retail store as: RETAIL STORE means a building or part of a building in which goods, wares, merchandise, foodstuffs or farm produce and other substances, articles and things are 119

21 Report to Development Services Committee Item: DS Meeting Date: March 26, 2018 Page 4 displayed, stored and offered for wholesale or retail sale or rental and includes a catalogue store, convenience store and retail bakery but does not include an automobile rental establishment, an automobile sales and service establishment or a vehicle sales and service establishment. A cannabis retail store would be considered a retail store under Zoning By-law Retail stores are permitted in a variety of zones throughout the City. Based on the forgoing, cannabis retail stores would generally be permitted in the following zones: SO-C (Specialized Office) Zone OC-C (Office Conversion) Zone CBD-A and CBD-B (Central Business District) Zones PCC-A, PCC-B, PCC-C and PCC-D (Planned Commercial Centre) Zones PSC-A (Planned Strip Commercial) Zone CC-A (Convenience Commercial) Zone HMC (Hamlet Commercial) Zone HBC (Harbour Commercial) Zone MU-B and MU-C (Mixed Use) Zones The Province has indicated that it will respect municipal zoning by-laws and only locate cannabis retail stores in areas that permit such stores in the zoning by-law. However, the Province is not obligated to respect the municipal zoning by-law as they are exempt from compliance with the by-law due to their Crown Rights. 5.3 Site Selection Guideline Considerations The Province s draft site selection guideline considerations provided to local municipalities include: Adhering to municipal zoning by-laws; Proximity of sites to nearby schools (recognizing urban densification); Equitable access for customers within municipalities; Illegal storefront activity; and Other relevant information provided by municipalities The Region of Durham Health Department recommends that the locational guidelines for cannabis retails stores should have consideration of proximity and density measures related to the following sensitive uses: Child care centres; Post-secondary schools; LCBO stores; Gaming facilities, such as Great Blue Heron Casino in Scugog and Ajax Downs; Healthcare facilities, such as hospitals; Long-term care homes; Recreation centres; High priority neighbourhoods where there is a higher degree of crime of higher socioeconomic disparity; 120

22 Report to Development Services Committee Item: DS Meeting Date: March 26, 2018 Page 5 Arcades, amusement parks, and other places where children and youth congregate; and Separation distances between retailers. In addition to the above, City staff believe the following locational items should also be considered during the public consultation process: (a) Cannabis retail stores should be located in large shopping centres where adequate parking is provided. (b) Cannabis retail stores should be located on arterial roads with good access to public transit. 5.4 Proposed Public Consultation Process and Communication Plan The City has the benefit from delaying the establishment of a site in Oshawa by gaining knowledge and experience from other municipalities where cannabis retail stores will be opened in Also, it is important to get input from City residents, businesses and other stakeholders. It is recommended that the public consultation process concerning the location of cannabis retail stores be conducted. The process would generally be as follows: 1. A non-statutory public meeting would be held by the Development Services Committee to obtain public input on where cannabis retail stores should or should not be permitted. 2. Notice of the non-statutory public meeting would be published in the two local newspapers, the Oshawa This Week and Oshawa Express, and posted on the City s website and social media accounts. In addition, a communication plan will be implemented including the use of a survey. The notice would also be provided to the B.I.A., the Region of Durham, Lakeridge Health, the Oshawa Chamber of Commerce and large commercial property owners such as SmartCentres, Riocan, Rice Commercial Group, Valiant Property Management and Ivanhoe Cambridge. 3. The non-statutory public meeting would include a presentation by City staff outlining the zoning and site selection guideline considerations included in this report and that may be obtained from other municipalities. LCBO staff will also be invited to make a presentation. At the conclusion of the non-statutory public meeting the matter would be referred back to Development Services Department staff for a future report and recommendation on any proposed zoning changes and proposed site selection guideline considerations. 4. Written comments on the matter would also be considered. 5. Staff would report back to the Development Services Committee and Council with a recommendation on any necessary zoning amendment that could be considered at a future Planning Act Public Meeting and the proposed site selection guideline considerations. 121

23 Report to Development Services Committee Item: DS Meeting Date: March 26, 2018 Page 6 6. Upon the approval of any proposed site selection guideline considerations by Council, copies of the site selection guidelines would be provided to the LCBO to inform its search for a site for a cannabis retail store in Oshawa. 7. Any Planning Act public process would occur after the site selection guideline is approved by Council. 6.0 Financial Implications Anticipated costs to the City are included in the appropriate 2018 Departmental budgets and relate primarily to newspaper advertising costs for any public meeting. 7.0 Relationship to the Oshawa Strategic Plan Holding a public meeting advances the Accountable Leadership goal in the Oshawa Strategic Plan. Warren Munro, HBA, Director, Planning Services Paul D. Ralph, BES, RPP, MCIP, Commissioner, Development Services Department 122

24 4/19/2018 Cannabis legalization I Ontario.ca f>ontario Cannabis legalization Item: INF Attachment 3 Learn what will and won't be legal in Ontario. Background The federal government is legalizing and regulating recreational cannabis across Canada late1 in Ontario has passed new laws (following extensive public and stakeholder engagement) about how, where and who can buy, possess and consume cannabis in the province. These mles are similar to those in place for alcohol and tobacco, with some differences. Medical cannabis (h_ttps:// continue to be subject to different rules than recreational cannabis. Minimum age will be 19 You will need to be 19 and olde1 to buy, use, possess and grow recreational cannabis. This is the same as the minimum age for the sale of tobacco and alcohol in Where to use it You will only be able to use recreational cannabis in: a private residence, including the outdoor space ofa home (for example, a porch or back yard) your unit or on your balcony, if you live in a multi-unit building like an apartment or condo, but that depends on your building's rules or your lease agreement You will not be allowed to use recreational cannabis in: any public place workplaces motorized vehicles These m ies will be in place to protect people from second-hand cannabis smoke, and reduce youth and young adult exposure to cannabis. Using cannabis in public can result in a fine ofup to: $1,000 for a first offence $5,000 for subsequent Driving It is illegal to drive drug-impaired and it's just as dangerous as driving drnnk. Cannabis, like many other chu gs, slows your reaction time and increases your chances ofbeing in an accident. Ifa police officer finds that you are impaired by any chu g, including cannabis, you will face serious penalties.(htt1r//www mto gov on ca/engjjsh/safety/impaired-driyjng~).. including: an immediate licence suspension financial penalties possible vehicle impounchnent possible criminal record /4