COUNCIL INFORMATION PACKAGE March 29, 2018 Table of Contents Item From Subject Page 1 Grant Zillotto, Manager of By- Project 940 1 Law Enforcement, Licensing & Animal Services 2 Town of Milton OLA/FOPL 2018 Pre-Budget 2-3 Submission: A modern, Sustainable Approach to Ontario s Libraries 3 Town of Essex User Pay Childcare Services at AMO and FCM Conferences 4-5 4 Town of Oakville In Consideration of Protecting Water for Future Generations: Growing the Greenbelt in the Outer Ring 5 Town of Oakville Update on Regulation and Legalization of Marijuana 6-7 8-14
1
2
3
March 12, 2018 To: Association of Municipalities of Ontario (AMO) 200 University Avenue, Suite 801 Toronto, Ontario M5H 3C6 Federation of Canadian Municipalities (FCM) 24 Clarence Street Ottawa, Ontario K1N 5P3 And To: All Ontario Municipalities Re: User Pay Childcare Services at AMO and FCM Conferences Dear Sir/Madam, At its regular council meeting of March 5, 2018, Essex Town Council discussed the issue of ensuring access to childcare services for elected and municipal officials when they attend with their families at AMO and FCM conferences. As a result of the discussion the following resolution was passed by Essex Town Council at its March 5, 2018 regular meeting: Moved by Councillor Bondy Seconded by Councillor Voakes (R18-03-096) That the Association of Municipalities of Ontario (AMO) and the Federation of Canadian Municipalities (FCM) be requested to offer user pay childcare services at conferences during conference hours; And that this resolution be circulated to all Ontario municipalities. Carried 4
On behalf of Essex Town Council we accordingly ask the Association of Municipalities of Ontario and the Federation of Canadian Municipalities to respectfully give consideration to this request. Should you have any questions or comments regarding this matter, please feel free to contact the undersigned. Yours truly Robert Auger, L.L.B. Clerk, Legal and Legislative Services Town of Essex Email: rauger@essex.ca RA/lm 5
6
7
8
9
REPORT COUNCIL MEETING MEETING DATE: FEBRUARY 26, 2018 FROM: Legal and Municipal Enforcement Services Departments DATE: February 15, 2018 SUBJECT: Update on Legalization and Regulation of Marijuana LOCATION: Town Wide WARD: Town wide Page 1 RECOMMENDATION: 1. That the Town Clerk forward a copy of Appendix D to the report from the Legal and Municipal Enforcement Services Departments, dated February 15, 2018, to the Ministry of the Attorney General as the Town s submission regarding the proposed place of use regulations under the Cannabis Act, 2017; and 2. That the Town Clerk forward a copy of the report to the Provincial Cannabis Legalization and Regulation Secretariat, Ministry of Municipal Affairs, Ministry of the Attorney General, and Halton MPP s, Halton Region, City of Burlington, Town of Halton Hills, Town of Milton, and the Association of Municipalities Ontario, for their information. KEY FACTS: The following are key points for consideration with respect to this report: Bill C-45, an Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (Bill C-45) was introduced in the House of Commons on April 13, 2017. Bill C-45 creates a federal legal framework to provide recreational access to cannabis and to control/regulate its production across Canada. Bill C-45 is expected to come into force in July 2018 (recent reports suggest July may not be achievable). The federal regime for accessing medical cannabis will remain the same. Ontario enacted Bill 174, the Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017 (Bill 174), which received Royal Assent on December 12, 2017. The implementing schedules of Bill 174, 10
COUNCIL MEETING From: Legal and Municipal Enforcement Services Department Date: February 15, 2018 Subject: Update on Legalization and Regulation of Marijuana Page 2 including the Cannabis Act, 2017, will come into force upon proclamation (expected to be in July 2018 to coincide with the enactment of Bill C-45). Bill 174 will only permit cannabis to be sold in accordance with the Ontario Cannabis Retail Corporation Act, 2017. Ontario s goal is to open approximately 40 standalone cannabis stores when Bill C-45 comes into force, and up to 150 stores by 2020. Oakville has been identified by the Province as a location for one of the initial cannabis stores. BACKGROUND: On April 13, 2017, the Federal government introduced Bill-C45, an Act respecting cannabis. The stated key objectives of Bill C-45 are to prevent young persons from accessing cannabis, to protect public health and public safety by establishing strict product safety and product quality requirements and to deter criminal activity by imposing serious criminal penalties for those operating outside the legal framework. Companion legislation, Bill-C46, would strengthen impaired driving laws in connection with marijuana use. The Federal government has not proposed any changes to the current medical access to cannabis regime. Ontario has chosen to implement Bill C-45 through a single retailer, the Ontario Cannabis Retail Corporation ( OCRC ), a subsidiary to the Liquor Control Board of Ontario ( LCBO ). The Ministry of Finance and LCBO have identified several municipalities for cannabis stores that are expected to open as early as July 2018, including Oakville. At present, possessing and selling marijuana for non-medical purposes is still illegal everywhere in Canada. Storefront operations selling marijuana, commonly known as dispensaries and compassion clubs are not licensed by Health Canada under current law and are illegal. The Province has provided a summary of three draft regulations and is seeking public comments by early March 2018. The proposed regulations are intended to: restrict where medical cannabis can be used; clarify the places of use rules for recreational cannabis; and permit the consumption of cannabis in hotel rooms, vehicles and boats that are used as residences and private residences that are also workplaces. The Province is also consulting on post-legalization considerations respecting consumption lounges and designated smoking areas in multi-unit dwellings. COMMENT/OPTIONS: The Cannabis Act establishes provincial rules respecting the sale, distribution, purchase, possession, transportation, cultivation and consumption of cannabis. The 11
COUNCIL MEETING From: Legal and Municipal Enforcement Services Department Date: February 15, 2018 Subject: Update on Legalization and Regulation of Marijuana Page 3 Province will restrict where cannabis can be used in a manner similar to Ontario s existing laws for alcohol and tobacco, including limiting exposure to second-hand smoke and vapour. Important questions remain about what will be required by municipal enforcement to address issues such as nuisance or personal cultivation and how such enforcement costs will be resourced. The Province has indicated that it expects: online cannabis distribution to be available by July 2018 about 40 stand-alone cannabis stores open by July 2018 (including 1 in Oakville) 80 stores open by July 1, 2019, and 150 stores open by 2020 The LCBO is currently in the process identifying specific sites for retail locations based on considerations discussed in engagement meetings with the identified municipalities. A specific location has not yet been identified in Oakville. When specific store sites are identified a public notice will be posted online at: https://lcbocannabisupdates.com. The public can submit comments on the specific store site and even prior to a specific site being identified in a municipality, the public can still provide general comments related to appropriate siting of a cannabis store in Oakville. The Province has released a summary of three proposed regulations, which are each detailed below. Proposed places of use regulations under the Cannabis Act, 2017 (Appendix A) Comments due March 5, 2018 People who are authorized to have and use medical cannabis will be subject to the same rules as tobacco smoking and electronic cigarette use. Medical users will not be allowed to smoke or vape medical cannabis in enclosed workplaces, enclosed public places, motor vehicles and other smoke-free places, with a few exceptions. The Province is proposing a regulation that would prohibit medical cannabis users from using medical cannabis while driving or having care or control of a vehicle or boat, but 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. The Province proposes to clarify the places of use rules for recreational cannabis and permit the consumption of cannabis in hotel rooms, vehicles and boats that are used as residences and private residences that are also workplaces. The Province is also consulting on post-legalization considerations respecting consumption lounges and designated smoking areas in multi-unit dwellings. 12
COUNCIL MEETING From: Legal and Municipal Enforcement Services Department Date: February 15, 2018 Subject: Update on Legalization and Regulation of Marijuana Page 4 The Province says that recreational cannabis will only be permitted to be used in a private residence. The Cannabis Act expressly prohibits consumption of cannabis in only the following places: a public place; a workplace; a vehicle or boat; or any prescribed place. However, it is not clear whether the provincial legislation would regulate cannabis use in backyards and the proposed regulation does not address or clarify this particular issue. The legalization of recreational cannabis introduces new resource requirements for municipal governments. It is difficult to estimate the costs municipalities will incur in implementing Provincial and Federal directions without a clear understanding of what municipalities will be expected to enforce. Roles still need to be clarified and once legalization occurs, municipalities should receive a portion of marijuana tax revenues to finance any local enforcement requirements. However, by-law enforcement is not equipped to regulate home cultivation and staff recommend that Council request that the Province reject any approach necessitating their involvement. Staff recommend that municipal governments be granted authority to locally regulate consumption venues, including licensing of places of cannabis-consumption, such as cannabis lounges and cafes, once such venues are authorized by the Province. Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017, Schedule 4, Amendments to the Highway Traffic Act (Appendix B) Comments due March 4, 2018 The Province is proposing regulatory initiatives to address impaired driving through the use of federally approved oral fluid screening devices once Bill C-46 passes and there would be a zero tolerance drug presence for young/novice drivers as well as commercial drivers. Smoke-Free Ontario Act, 2017 Regulation (Appendix C) Comments due March 3, 2018 The Province is soliciting feedback on a proposed regulation that would prohibit the smoking of tobacco, use of e-cigarettes (including those containing medical cannabis) and the smoking of medical cannabis in places such as restaurant/bar patios, children s playgrounds and 9 metres from the entrance/exist of a hospital. 13
COUNCIL MEETING From: Legal and Municipal Enforcement Services Department Date: February 15, 2018 Subject: Update on Legalization and Regulation of Marijuana Page 5 CONSIDERATIONS: (A) PUBLIC Public notice of the cannabis store in Oakville will be posted online at: https://lcbocannabisupdates.com. Public consultation would be required prior to any change in municipal regimes such as zoning, licensing or other by-laws to address the implementation and enforcement of legal marijuana. (B) FINANCIAL There is potentially significant costs to municipalities of enforcing the marijuana legalization framework. Revenue sharing with municipalities could assist in offsetting any additional costs from marijuana legalization. (C) IMPACT ON OTHER DEPARTMENTS & USERS Addressing local issues arising from the legalization of marijuana will require consultation with a number of departments, including Municipal Enforcement, Planning, Fire and Legal. (D) CORPORATE AND/OR DEPARTMENT STRATEGIC GOALS This report addresses the corporate strategic goal to: be accountable in everything we do (E) COMMUNITY SUSTAINABILITY Ensuring that municipal issues and impacts are considered by the Provincial and Federal governments while introducing cannabis legislation addresses the pillars of social, economic and cultural sustainability. APPENDICES: Appendix A Proposed places of use regulations under the Cannabis Act Appendix B Regulatory amendments related to road safety Appendix C Smoke-Free Ontario Act Regulation Appendix D Town s proposed comments on the place of use regulations Prepared by: Nadia Chandra Assistant Town Solicitor Jim Barry Director of Municipal Enforcement Services Submitted by: Doug Carr Town Solicitor Jane Clohecy Commissioner of Community Development 14