RETAIL CANNABIS REGULATIONS March 19, 2018 2 Legislative History - PowerPoint PPT Presentation

1 COMMITTEE OF THE WHOLE RETAIL CANNABIS REGULATIONS March 19, 2018

2 Legislative History • Bill C-45, the Cannabis Act, was passed in the House of Commons in November 2017 – Senate has agreed to third reading by June 8. – Can come into force between 8 weeks and 12 months from date of royal assent; TBD by Governor in Council. – Legislation gives authority to each province to determine the legislative framework, resulting in different regulations and approaches to retail cannabis across the country. • Bill 26, An Act to Control and Regulate Cannabis, was approved by the Alberta Legislature in December 2017. • Implementing regulations were released mid-February 2018.

3 Alberta’s Approach to Retail Cannabis • Storefront retail is privatized • Minimum 100 m separation from school sites and provincial health facilities • Retail cannabis must be a standalone business • Hours same as liquor stores • Extensive licensing requirements

4 Municipal Authority • No ‘opt out’ provision • Determine appropriate land use districts • Determine ‘sensitive uses’ in the community and adopt regulatory setbacks • Establish minimum separation distances between cannabis retail sales locations • Establish hours of operation • Define cannabis retail and other associated uses • Control variance powers of DOs and SDAB for above regulations

5 What are we trying to achieve? • Balance economic opportunity with public safety • Keep cannabis away from children • Minimize public nuisance and resource drain • Minimize land use impacts on other businesses

6 Land Use Bylaw or Business Licence Bylaw • Municipalities can choose how to regulate cannabis retail sales • Most municipalities in the region are opting to regulate primarily through LUB • City of SG is best set up for LUB regulation

7 Cannabis vs Alcohol Regulations • Cannabis sales are regulated differently than alcohol – AGLC setbacks for cannabis but not alcohol – Consuming cannabis can occur in more public places than alcohol, including parking lots, walkways, etc., associated with a development – Best practices where cannabis is already legal separate cannabis uses from sensitive uses and at greater distances

8 What are Sensitive Uses? • Uses that may be affected by another, or uses that may cause impacts when grouped together. • Provincial regulations: school sites and provincial health facilities (100 m) • Each municipality will determine what uses they want to be separated. – Common: daycares, parks, public facilities – Less common: religious facilities, arcades – Edmonton proposes setbacks to liquor stores; Calgary proposes setbacks to pawn shops, liquor stores, payday loans

9 Regulatory Considerations • Setbacks from sensitive uses are reciprocal • Land use districts that we choose for allowing cannabis retail need to: – Be safely accessible – Have appropriate facilities (parking, walkways, etc.) – Minimize impact on other sensitive uses

10 Proposed Land Use Districts • Proposing Vehicle Commercial and City Centre Districts only – Easily accessible by transit, bicycle, walking – Complementary uses – Appropriate parking availability • Vehicle Commercial private parking lots • City Centre on-street availability – Building code occupancy types that are easier to convert without major investment

11 Mapping of Sensitive Uses • Maps were prepared to help Council understand spatial distribution of sensitive uses • Understanding of provincial regulations are still evolving, so some maps may change slightly

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16 Comparison of Setback Criteria Separation distance regulation Spruce Grove Edmonton Calgary U.S. Best (proposed) (proposed) (proposed) Practice 500 m 200 m 300 m 304 m Between cannabis retail uses 300 m 200 m 150 m 304 m Distance to schools 300 m 200 m n/a 304 m Distance to public library 100 m 100 m 100 m N/A Distance to Provincial health care facilities 100 m 200 m 10 m 304 m Distance to child care facilities 200 m 100 m n/a 304 m Distance to public parks 300 m 100 m n/a 304 m Distance to public recreation facilities n/a 100 m n/a 304 m Distance to liquor stores

17 Draft Recommendation

18 Separation Distances • Controls the cumulative impacts of several stores located in close proximity • Minimizes issues with public perception of areas with high concentration of certain uses – Investment potential – Property values • Allows the City to understand the impacts

19 Understanding Linear Commercial

20 Separation Distances • Staff recommendations on separation distance are dependent upon other setbacks from sensitive uses. • With only AGLC setbacks: – 200 m = up to 18 stores in C1 & C2 – 300 m = up to 12 stores in C1 & C2 – 500 m = up to 6 in C1 & C2

21 Variances • Variances or not? Administration is recommending key separation distances be included in use definition – No variances allowed by staff or SDAB – Allows a period of consistency in applying Council’s requirements – Gives clear understanding to Administration and reduces staff time in early years of adoption. – Could be reviewed and changed later by Council.

22 Application Intake • Proposed regulations will impact development permit intake process • Depending on restrictions, may need to have a lottery system for processing or other published date for acceptance of permits. • Further information will follow as part of the bylaw process.

23 Timelines • Develop bylaw: March to April • 1 st Reading: April 23 (target) • Public Hearing: May 14 th • 2 nd Reading: May 14 th