City Council

That the report from the General Manager, Emergency and Protective Services entitled “ Report on Ontario Cannabis Legislation, Cannabis Retail Stores, and Response to Council Direction of August 29, 2018” be received and considered.

That City Council resolve to move into Committee of the Whole pursuant to Section 52 of the Procedure By-law.

THEREFORE BE IT RESOLVED that Committee of the Whole recommend that Council approve: 1. That Recommendation 2, paragraph c, item i, sub-item 2, of the report be amended add the words “150m of”, which were inadvertently omitted, immediately after the word “Within”, as follows: 2. Within 150m of any identified publicly owned and or operated community facility performing a public assembly function analogous to a school, such as recreational facilities, community centres, libraries and public parks;

WHEREAS the Province of Ontario has created a legislative framework, being the Cannabis Licence Act, 2018, that will allow recreational cannabis to be sold in private cannabis retail stores in Ontario beginning April 1, 2019; and WHEREAS that Province’s legislative framework does not provide municipalities with the authority to determine the location of stores, nor does it provide the authority to determine the distance between two or more private cannabis retail stores; and WHEREAS Section 41 of the Cannabis Licence Act, 2018 provides that municipal councils may pass a resolution no later than January 22, 2019, to opt-out of having private cannabis retail stores within their municipal borders; and WHEREAS by opting out of the Province’s private cannabis retail stores program now, the City retains its right to opt-in at some point in the future; and WHEREAS by opting out of the Province’s private cannabis retail stores program now, the City of Ottawa can observe and evaluate how “opting-in” works in other municipalities before deciding to allow private cannabis retail stores within its municipal borders; THEREFORE BE IT RESOLVED that Committee of the Whole recommend to Council that the City of Ottawa opt-out of hosting private cannabis retail stores in accordance with Subsection 41(1) of the Cannabis Licence Act, 2018 ; and BE IT FURTHER RESOLVED that Council direct the City Clerk and Solicitor to convey its decision to opt-out to the Alcohol and Gaming Commission of Ontario

WHEREAS the Province of Ontario has enacted the Cannabis Licence Act, 2018 , to establish a regulatory regime for private cannabis retail stores beginning on April 1, 2019, with the Alcohol and Gaming Commission (AGCO) being solely responsible for issuing licenses and authorizations in respect of the private cannabis retail stores, including approval of a store location within a municipality, and, WHEREAS, pursuant to subsections 42 (1) and (2) of the Cannabis Licence Act, 2018 , municipal councils are prohibited from, and have no authority to: (1) regulate private cannabis retail stores by means of business licensing by-laws under the Municipal Act, 2001 , or (2) establish specific zoning or land uses for private cannabis stores under Sections 34, 38 or 41 of the Planning Act ; and, WHEREAS the lack of authority for municipalities to regulate or to zone in respect of private cannabis retail stores does not align with the otherwise broad scope of powers provided to municipalities under the Municipal Act, 2001 to govern their affairs as they consider appropriate and to respond to municipal issues (Section 8), and does not align with existing municipal authorities to pass by-laws for the economic, social and environmental well-being of the municipality, for the health safety and well-being of persons, for the protection of persons and property including consumer protection, and for business licensing, generally (Subsection 10(2)); and, WHEREAS the lack of authority for municipa

WHEREAS the report indicates that staff will be bringing forward amendments to the smoking-related by-laws early in 2019; THEREFORE BE IT RESOLVED that staff be directed, as part of its review of the City’s smoking-related by-laws, to seek to harmonize those regulations to include cannabis and vaping in accordance with applicable authorities in the Smoke Free Ontario Act, 2017 and the Municipal Act, 2001 , including: A review of the following by-laws, as amended: the Public Places By-law (2001-148), the Workplaces By-law (2001-149), the Parks and Facilities By-law (2004-276), the Parkdale Market By-law (2009-448), the ByWard Market By-law (2008-449), the Waterpipes in Public Places By-law (2016-303), the ROW Patio By-law (2017-92), the Transit By-law (2007-268) and any other by-law containing smoke-free regulations; Consultations with Ottawa Public Health and other affected City departments, as well as public consultations; and Any recommendations for other amendments to the smoke-free regulations, as an outcome of those consultations, if any.

WHEREAS the Planning Department will be conducting a city-initiated by-law amendment in 2019 to bring the Zoning By-law into conformity with the federal regulation Cannabis Act and associated regulations concerning Cannabis Production, Cultivation and Processing; and WHEREAS Staff will consider the extent to which Cannabis Production, Cultivation or Processing occurring under a Standard License or Micro-License may be permitted and regulated through the Zoning By-law, and in what geographic locations in the urban and rural areas of the City these activities may occur; and WHEREAS the Cannabis License Act provides opportunity for a producer to apply for a single Cannabis Retail Store license coincident with a production facility; and WHEREAS the Cannabis License Act and associated Regulations permit a Cannabis Retail Store to occur in any land-use context in which a retail store that does not sell Cannabis may occur, subject to the Provincial Regulations; BE IT RESOLVED THAT the Planning Department consider the extent to which Cannabis Retail Stores may occur in an industrial and employment context when considering opportunities for Cannabis Production, Cultivation and Processing in the forthcoming study.

That the Committee of the Whole rise and report to City Council.

That the report from the General Manager, Emergency and Protective Services entitled “ Report on Ontario Cannabis Legislation, Cannabis Retail Stores, and Response to Council Direction of August 29, 2018” be received and adopted as amended in the Committee of the Whole; and That any dissents and declarations of interest recorded during the Committee of the Whole session be deemed to be recorded in the Council session.