Municipalities count numerous cannabis concerns
More than a dozen resolutions focused on legalization to be considered this fall
B.C. municipalities’ preoccupation with cannabis ahead of legalization in October is evident in the more than a dozen resolutions up for consideration at this year’s Union of B.C. Municipalities conference.
“Legalization of cannabis is going to impact all communities across the province, and some at different levels than others, so communities are uncertain about how and what the impacts will be,” said UBCM president Wendy Booth.
The federal Cannabis Act, which will legalize marijuana, received royal assent on June 21 and will come into effect on Oct. 17, three days before municipal elections.
The province came out with its framework in February and has since released additional guidelines. Because they were waiting for direction from higher levels of government before coming up with their own rules, municipalities have been scrambling to prepare for legalization.
Cannabis tax revenue sharing is a major issue that is still outstanding, Booth said.
The UBCM executive is working on a special resolution to address revenue sharing, and four different communities have put forward resolutions that also deal with revenue sharing.
Nelson, Pemberton, Tahsis and Terrace have suggested that the province consider at least a 50/50 split with local government.
Terrace and Nelson have said the approach should mean that property tax payers will not have to absorb the costs of legalization, local governments will be reimbursed for policing and implementation costs, and remaining excise tax revenue will be shared by the province and local governments.
Booth said she is not sure what a final resolution will look like, but the executive has agreed that revenue sharing should be based on understanding what the costs will be, and as the costs to municipalities are still unclear, the revenuesharing deal may have to be updated once data has been collected.
“We’re just trying to get that last piece nailed down prior to legalization in October,” she said.
A resolution proposed by the Thompson-Nicola Regional District urges the UBCM to ask Health Canada to notify local governments where an application for medical cannabis production in a residential property has been approved.
The regional district believes the move would protect the safety of first responders by identifying the location and potential hazards associated with medical cannabis grow ops. Currently, due to federal privacy legislation, Health Canada does not notify municipalities about personal medical grow ops.
Also on the topic of medical marijuana, the Sunshine Coast Regional District said the Access to Cannabis for Medical Purposes Regulation should be amended to make ventilation systems a requirement for medical cannabis production licences in residential areas, and that Health Canada inspectors inspect those medical grow ops regularly.
Delta’s resolution calls on the provincial government to prohibit or place restrictions on the use of Agricultural Land Reserve land for cannabis cultivation, a topic that has been discussed by members of the Metro Vancouver board of directors. It suggests that cultivation take place in warehouses in industrial areas.
Central Saanich made a similar request, saying there should be a moratorium on using ALR land to grow cannabis while the province undergoes a six-month review and broad consultation.
Nelson said cannabis has been grown on non-agricultural land — including Crown land — for decades and the province should develop a strategy to support local producers and minimize the impact on prime agricultural land, including leasing Crown land.
New Westminster is asking the UBCM to urge the province to extend the distance smokers must be from doorways, windows and air intakes from six metres to 7.5 metres provincewide so that all municipalities have the same rules in place in time for cannabis legalization. Currently, many municipalities have local bylaws that extend the distance, which the resolution notes can be confusing and make voluntary compliance difficult.
The District of Mackenzie suggests that the province regulate the consumption of recreational cannabis the same way it does alcohol, and prohibit consumption in public places, vehicles and workplaces.
The Township of Langley has drafted a resolution that calls for federal and provincial governments to co-ordinate public policy regulations so the rules governing advertising and promotion of tobacco products also apply to cannabis.
All resolutions will be considered at the UBCM annual conference in September.
Legalization of cannabis is going to impact all communities ... so communities are uncertain about how and what the impacts will be.