THE CORPORATION OF THE CITY OF NELSON

Medical Cannabis Business Licence Bylaw No. XXXX, 2017

Being a bylaw respecting Licences for carrying on medical cannabis business
within the City of Nelson
The purpose of this Bylaw is to provide for the regulation of medical cannabis-related
businesses to minimize any adverse effects that operation of such businesses may have on
the safety, health and well-being of the community in anticipation of changes to the federal
laws regarding distribution of cannabis.
WHEREAS pursuant to the Community Charter, Council may, by bylaw, regulate and
impose requirements in relation to business;
NOW THEREFORE the Council of the City of Nelson, in open meeting assembled,
enacts as follows:
PART 1 INTRODUCTION
1.1

The headings contained in this bylaw are for convenience only and are not to be
construed as defining, or in any way limiting, the scope or the intent of the provisions
of this bylaw.

1.2

Definitions
Business Licence Bylaw means the City of Nelson Business Licence Bylaw No.
3347, 2016, , including all amendments and replacements thereto;
Bylaw-Enforcement Officer means a person acting as any of the following are
designated for the purposes of this Bylaw and the Local Government Bylaw Notice
Enforcement Act:
a)

Special constables, officers, members or constables of the Nelson Police

Department;

b)

Bylaw Enforcement Officers appointed pursuant to the Police Act and

Community Charter;

c)

Local Assistants to the Fire Commissioner under Section 6 of the Fire

Services Act:

d)

Bylaw Enforcement Officers, licensing inspectors, building inspectors, animal

control officers or other persons acting in another capacity on behalf of a the

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City for the purpose of enforcement of one or more of its Bylaws.

Bylaw Notice means a ticket issued under the Bylaw Notice Enforcement Bylaw;
Bylaw Notice Enforcement Bylaw means the City of Nelson Bylaw Notice
Enforcement Bylaw No. 3195, 2011, including all amendments and replacements
thereto;
Cannabis means cannabis as defined in the Controlled Drugs and Substances Act
and includes any products containing cannabis;
Cannabis-related Business means carrying on of activity where
a)

the use of Cannabis for medical purposes is advocated or promoted;

b)

Cannabis is sold or otherwise provided to persons for medical purposes;

c)

medical Cannabis is stored for a purpose of sale.

"Chief Constable" means the Chief Constable of the City of Nelson Police
Department and includes any police officer or peace officer acting under his or her
authority;
City means The Corporation of the City of Nelson.
Licence Inspector as defined in the Business Licence Bylaw.
1.3

The provisions of this Bylaw do not apply to production and distribution of Cannabis
licensed by Health Canada under the Access to Cannabis for Medical Purposes
Regulations of the Controlled Drugs and Substances Act (Canada)

PART 2 BUSINESS LICENCES

2.1

A person must not carry on Cannabis-related Business unless the person holds a
valid licence issued under the provisions of this Bylaw and the Business Licence
Bylaw.

2.2

The licence period shall be one (1) year, to commence on January 1 and to
terminate on December 31, on each and every year this bylaw is in effect.

2.3

Every person who operates a business at more than one premises, shall obtain a
separate licence for each premises, whether or not the premises are located in the
same building.

2.4

An application for renewal of a Cannabis-related Business licence must be received

by the City by December 15th in each calendar year.

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2.5

A person applying for the issuance or renewal of a licence for a Cannabis related
Business must:
a)

make application to the Licence Inspector on the form provided for that
purpose;

b)

pay to the City the applicable licence fee prescribed in section 2.6 of this
bylaw;

c)

provide a security plan for the premises that, in the opinion of the Licence
Inspector, describes adequate security measures to mitigate risk of theft or
robbery at the premises;

d)

provide contact information for a responsible person available to be contacted

at any time;

e)

provide proof of a security alarm contract that includes monitoring at all times
during the licence period;

f)

provide proof of ownership or legal possession of the premises, and

g)

provide a current police information check for:

(1) the applicant
(2) if the applicant is a corporation, each shareholder, officer and director,
and
(3) each on-site manager;

h)

any other documents required by the Licence Inspector.

2.6

The licence fee for a Cannabis-related Business is $5,000.

2.7

Licence fees paid hereunder shall not be refundable.

PART 3 EFFECT OF LICENCE

3.1

Every licence issued under this bylaw is personal to the person named in the
licence and may not be transferred to another person.

3.2

A licence is not assignable or transferable. If ownership of a Cannabis-related

Business, or control of a Cannabis-related Business entity, changes, the new
owner(s) of the Cannabis-related Business must apply to the City for a new licence.

3.3

A person shall not carry on a Cannabis-related Business in or on any premises

other than those identified on the licence without first making an application for a
new licence or a change to the licence.

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3.4

The granting of a licence under this bylaw in no way implies or constitutes a

representation or warranty of the Licence Inspector or the City that the licencee is
competent in the business operation for which they are licenced or that the licenced
business or the business premises comply with the City's bylaws.

3.5

Every operator of a Cannabis-related Business is responsible for complying with,

and is subject to, the requirements of all other City bylaws applicable to the
business.

PART 4 LICENCE INSPECTOR

4.1

The Council may, by resolution, from time to time, appoint a Licence Inspector for
the purposes of administering and enforcing the provisions of this Bylaw.

4.2

A Licence Inspector appointed pursuant to Section 4.1 shall have the authority to
grant or refuse a licence.

4.3

Pursuant to the Community Charter, the Licence Inspector or Chief Constable may
enter, at all reasonable times onto and into premises to inspect and determine
whether all regulations, prohibitions, and requirements established by this Bylaw
are being met.

4.4

An owner shall provide to the Licence Inspector and Chief Constable the
information and the access to premises in order for an inspection and determination
under Section 4.3 to be made.

PART 5 LICENCE INSPECTORS AUTHORITY TO REFUSE A LICENCE

5.1

The Licence Inspector may suspend or refuse to issue or renew a licence for a
Cannabis-related Business where cannabis is kept on the premises if:
a)

The applicant or licensee, or a shareholder, officer, director or on-site

manager of the applicant or licensee:
(1) was convicted anywhere in Canada of an offence involving dishonesty
(2) was convicted, found guilty of, or liable for any contravention or offence
relating to the conduct of a business similar to that to which the licence
relates
(3) was convicted, found guilty of, or liable for any contravention or offence,
in Nelson, against this bylaw or against any bylaw authorizing the
issuance of a business licence or regulating the conduct of a business,
or
(4) was guilty of misrepresentation, nondisclosure of concealment of any
material fact, relating to the subject matter of the licence or required to
be stated in, the application.

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5.2

A decision of the Licence Inspector under section 3.1 of this bylaw may be
appealed to Council by submitting a request in writing to the Corporate Officer
within 30 days of the decision.

PART 6 OPERATING REQUIREMENTS

6.1

6.2

6.3

A Cannabis-related Business must not:

a)

allow a person under the age of 19 on the premises;

b)

advertise or promote the use of medical Cannabis to a person under the age of
19;

c)

allow a person to smoke, vape, consumer or otherwise ingest Cannabis or

products containing Cannabis on the premises;

d)

place any sandwich board signs outside of the premises.

Where medical Cannabis is kept or present on the premises, the Cannabis-related

Business must:
a)

install video surveillance cameras that monitor all entrances and exits and the
interior of the business premises at all times;

b)

retain video camera data for at least 21 days after it is gathered;

c)

install a security and fire alarm system that is, at all times, monitored by a
licenced third party;

d)

not allow Cannabis, products containing Cannabis or other valuables to remain

on the premises when the business is not open to the public, unless the
Cannabis, products and other valuables are securely locked in a safe on the
premises, and

e)

install and maintain an air filtration system that effectively minimizes odour
impacts on neighbouring properties.

A Cannabis-related Business must:

a)

display signage that is in compliance with the Citys Sign Regulation Bylaw No.
2027 including all amendments and replacements thereto;

b)

prominently display a sign on the premises indicating that no persons under 19

years of age are permitted on the premises;

c)

ensure that two employees are present on the premises at all times when the
business is open to the public, including one manager;

d)

not use the premise to carry on business other than the Cannabis-related
Business;

e)

ensure that windows on street frontage of the premises are not blocked by
translucent or opaque material, artwork, posters, shelving, display cases or
similar elements;

f)

not be open for business between the hours of 8 p.m. and 8 a.m. the next day;

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g)

promptly bring to the attention of the Licence Inspector:

(1) the name of any new on-site manager, officer, director or shareholder of
the licensee, and
(2) any criminal charge brought against the licensee or an on-site manager,
officer, director or shareholder of the licencee, and

h)

promptly provide to the Licence Inspector a current police information check for
any new on-site manager, officer, director or shareholder of the licensee.

PART 7 - ENFORCEMENT AND PENALTIES

7.1

A person who:
a)

contravenes or fails to comply with this Bylaw;

b)

permits, suffers or allows any act or thing to be done in contravention of this

Bylaw;

c)

fails to carry out an order made under this Bylaw;

d)

fails or neglects to do anything required under a licence;

e)

provides false or misleading information to obtain a licence under this Bylaw;

or

f)

carries on or remains open for business after receiving notice from the City
that the licence for the business was suspended or cancelled,

commits an offence and each day such an offence continues or is permitted to

continue will constitute a separate offence.
7.2

On being found guilty of an offence under this Bylaw, a person will be liable to pay
a fine of up to $10,000 or to imprisonment for a term not exceeding six months or to
both such fine and imprisonment and in default of payment of the fine to
imprisonment for an additional term not exceeding six months under the Offence
Act.

7.3

This Bylaw is designated under section 264 of the Community Charter as a bylaw
that may be enforced by means of a Bylaw Notice.

7.4

Without limiting the enforcement options under Section 6.3, a person who commits
an offence under this Bylaw will be liable to a penalty established under the Bylaw
Notice Enforcement Bylaw.

7.5

Bylaw Enforcement Officers are designated to enforce this Bylaw by means of a

Bylaw Notice under section 264 of the Community Charter.

7.6

No person may obstruct a Bylaw Enforcement Officer in the fulfillment of his or her
duties under this Bylaw.

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PART 8 - SEVERABILITY
8.1

If a portion of this bylaw is held invalid by a Court of competent jurisdiction, the

invalid portion must be severed and the remainder of this bylaw is deemed to be
adopted without the severed section, subsection, paragraph, subparagraph, clause
or phrase.

PART 9 - CITATION
9.1

This bylaw may be cited for all purposes as The Corporation of the City of Nelson
Medical Cannabis Business Licence Bylaw No. XXXX, 2017.

PART 10 - EFFECTIVE DATE

10.1

This Bylaw comes into force and effect upon its adoption.
READ A FIRST TIME the
READ A SECOND TIME the
READ A THIRD TIME the

day of
day of
day of

FINALLY PASSED AND ADOPTED the

, 2017
, 2017
, 2017
day of

2017

___________________
Mayor

___________________
Corporate Officer

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