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Page 24 / 38 Stonecrest Annual 2018
Municipalities The changing legal landscape for ted in a particular zone, it doesn’t
have the production of cannabis has led provide a prospective licensed
approached some Ontario municipal planning producer with any additional
the regulation departments to consider how this guidance as to how the use may be
of cannabis particular use fits into existing land regulated. This may result in other
facilities use. Despite the fact that munici- potential issues such as mandato-
through palities have no formal role within ry separation distances from other
municipal the federal government’s cannabis uses.
zoning by-laws. framework, many municipalities
are taking the responsibility to A more comprehensive option is
mitigate possible adverse land use to define the term “Cannabis Pro-
impacts associated with cannabis duction Facility” (or a similar term)
production and have now started within the zoning by-law and pro-
revising their current zoning by- vide detailed regulations regarding
laws to assist them in navigating where and how the use can be
cannabis production and process- permitted or expressly prohibit-
ing in their own Municipality. ed. The County of Brant and oth-
er municipalities amended their
Municipalities have approached Zoning By-laws to permit medical
this aspect for the regulation of marijuana production facilities
cannabis facilities through munici- in specific zones. As a result, they
pal zoning by-laws. created a new defined term and
added a new chapter to the Zon-
One option for the Municipality is ing By-law containing regulations
to define the term “Cannabis Pro- addressing the location of the
duction Facility” (or a similar term) production activity, open storage,
within the zoning by-law. Defining loading, separation distances from
the structure as a “Cannabis Pro- sensitive uses (including residen-
duction Facility” provides a mu- tial, institutional and open space
nicipality with the opportunity to zones as well as schools, places of
explicitly permit this use in certain worship and open spaces) and set-
zones. Though this option provides backs. This option provides greater
prospective licensed producers certainty as to whether or not the
with some certainty as to whether cannabis production facility use is
their contemplated use is permit-
