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REQUEST FOR DIRECTION

File # RZ2018
RZ2018--001
Report To: Mayor and Council
From: Director of Development
Presenter: Ashley Murphey
Subject: Administration Report No. 0008/18
Zoning Amendment Bylaw No. 2419, 2018 - Cannabis Retail
Stores
Options: Staff were not sure whether Council wanted a draft bylaw to
review or to give first reading to at this Special meeting.
Therefore, there are two options for Council's consideration, the
first recommendation acknowledges Council's direction with
authorization for staff to proceed with public consultation and
the second option is giving first reading to the Bylaw and
authorizes public consultation.

"THAT, it be recommended to Council that Council supports


proposed Zoning Amendment Bylaw No. 2419, 2018 designating
cannabis retail stores as presented,
THAT, the following distances be included as part of the Bylaw:
Š within * 0 - 50 - 100 - 200 * metres (in a straight line from
closest parcel line to closest parcel line) of a school,
Š within * 0 - 50 - 100 - 200 * metres (in a straight line from
closest parcel line to closest parcel line) of a park;
Š within * 0 - 50 - 100 - 200 * metres (in a straight line from
closest parcel line to closest parcel line) of a lot or unit
where Cannabis Retail is a permitted use, where or not
Cannabis Retail is an active or existing use of that lot or
unit,
AND FURTHER THAT, public engagement on this proposed Bylaw
commence immediately."

OR

"THAT, it be recommended to Council that Council supports


proposed Zoning Amendment Bylaw No. 2419, 2018 designating
cannabis retail stores as presented,
THAT, the following distances be included as part of the Bylaw:
Š within * 0 - 50 - 100 - 200 * metres (in a straight line from
closest parcel line to closest parcel line) of a school,
Š within * 0 - 50 - 100 - 200 * metres (in a straight line from
closest parcel line to closest parcel line) of a park;
Š within * 0 - 50 - 100 - 200 * metres (in a straight line from
closest parcel line to closest parcel line) of a lot or unit
where Cannabis Retail is a permitted use, where or not
Cannabis Retail is an active or existing use of that lot or
unit,
THAT, Zoning Amendment Bylaw No. 2419, 2018 be introduced
and read for the first time by title only,
AND FURTHER THAT, public engagement on this proposed Bylaw
commence immediately."

Meeting: Committee of the Whole


Meeting Date: 22 May 2018

CITY MANAGER'S COMMENTS:

Due to time constraints, this report has not been reviewed by the City Manager.

DEFINE THE TOPIC:


To provide an overview of the proposed zoning regulations for ‘Cannabis Retail
Retail’’ and seek
any further direction and support from Council on these proposed regulations prior to
starting public engagement.

KEY INFORMATION:

Pursuant to the May 14, 2018 resolution, a draft bylaw has been prepared with regulations
to address Cannabis Retail use, as outlined in the resolution:

Resolution No. 169/18

“THAT, a Special Committee of the Whole and Regular Council meeting be scheduled for
May 22, 2018 to receive Development Services
Services’’ draft communication plan for cannabis
zoning to obtain Council feedback,

AND THAT, Council


Council’’s direction on the draft bylaw as indicated at the May 14, 2018
Committee of the Whole meeting be drafted for May 22:

Š allowed in C2, C3, C4 zones,


Š setbacks be required for schools and parks,
Š hours will be from 9 am to 11 pm,
Š 1 km radius between other cannabis retail stores,
Š the total number of retail stores will not be regulated in this bylaw,
Š security measures will be determined by the business owner,

AND FURTHER THAT, this process be completed by July 1, 2018.


2018.””

The following items are addressed within this report:


Š Based on the proposed BC Cannabis Control and Licensing Act, legal advice, and

direction from Council, a draft bylaw has been prepared.


Š This draft bylaw does not prescribe specific distances from schools, parks or other

Cannabis Retail uses at this time. The intent is that public engagement and
analysis of the feedback and research will inform the draft Zoning Amendment Bylaw
presented to Council for readings and adoption.
Š An engagement plan has been prepared as per Council Resolution 169/18, which is
outlined within Committee of the Whole Report No. 0007/18. The public engagement
process will gather public feedback on identified setbacks from schools, parks and
other Cannabis Retail uses, through various activities as outlined within the
engagement plan. The feedback collected will be used to complete a final analysis to
prepare a Zoning Amendment Bylaw Report for Council's consideration on June 11,
2018.
Š Overview and explanation of proposed zoning regulations for Cannabis Retail is as

follows:
Š Cannabis Retail is proposed in C2, C3, and C4 zones.

Š For the setback distance from schools and parks, a few options for public

engagement are proposed: Zero metre (no setback), 50m, 100m, 200m.
Š For the setback distance between other Cannabis Retail (stores), a few

options for public engagement are proposed: Zero metre (beside is


acceptable), 50m, 100m, 200m.
Š In addition there are two new uses proposed which will require

definitions:
1. Cannabis Retail: “Means the retail sale of cannabis or
cannabis accessories as lawfully permitted and authorized
under the Provincial Cannabis Control and Licensing Act Act””.
2. Recreational Cannabis Production Facilities
Facilities:: "Means a
facility used for the cultivation, growth, processing, testing,
storing, destruction, packaging, shipping or distribution of
cannabis or its derivatives for recreational purposes, as
lawfully permitted and authorized under the Federal
Cannabis Act ".
Act".

As a note, based on the direction from Council, the number of Cannabis Retail stores and
security measures are not included in the zoning regulations.
The proposed setback distances are based on feedback from Council during the May 14,
2018 Committee of the Whole, and a review of other municipalities in the country which
have permitted Cannabis Retail uses within their Zoning Bylaw. It is to be noted that a
majority of the other municipalities reviewed have much larger geographical areas
compared to Fort St. John and therefore distance setbacks identified are appropriate to
each City. Upon review of other municipalities regulations, the following setbacks were
noted:

1. Vancouver
Š 300m setbacks from schools, community centres, neighbourhood houses,

youth facilities and other cannabis


cannabis--related businesses

2. Victoria
Š 200m setbacks from schools

Š 400m setbacks from other Cannabis Retail uses

3. Red Deer
Š Cannabis Retail uses shall not be located adjacent to a drinking
establishment, microbrewery, or liquor store
Š 300m setbacks from schools, other Cannabis Retail uses, day care facilities,

City
City--operated recreation facilities and hospitals

4. Edmonton
Š 200m setbacks from schools

Š 100m setbacks from provincial health care facilities, parks and City recreation

centres

Based on a review of other communities, as listed above, mapping analysis was completed
to examine the potential of requiring setbacks from other uses such as institutional zoned
properties and liquor stores. However given the direction to consider the ability for
Cannabis Retail to be located within the City, it was determined that to require such
additional setbacks would essentially prohibit Cannabis Retail uses within the City.

Through this review process it was noted that a 300m setback was used in several other
communities to buffer Cannabis Retail uses from other uses such as schools and parks.
Mapping analysis was completed to review this information and it was determined that a
setback requirement of 300 metre would be more prohibitive in nature within the City of
Fort St. John, due to the layout of our smaller, more compact community and would limit
Cannabis Retail uses to areas south of the Alaska Highway.

In addition to setbacks from schools and parks, Council also requested that staff present
recommendations on setbacks from other Cannabis Retail locations. Currently the
Province requires a 1km setback between liquor stores. Staff reviewed this as an option,
however such a setback requirement would potentially restrict the proposed use to one
store within the C2 - Downtown Core Commercial Zone. Given the direction to consider
the ability for Cannabis Retail to be located within the City, other options are being
proposed for public feedback.

Based on the analysis above, requiring setbacks of 300m or greater would be overly
restrictive for the City of Fort St. John due to its layout, and may also not fully support the
Downtown Action Plan, specifically the following objective and policy:

Š O11.1 - To reinforce and prioritize the downtown as the commercial, cultural, and
employment centre of the City.

Š P11.7.6 - Focus specialty retail, entertainment, restaurants, and civic uses within
the core as illustrated in the land use diagram. In particular support niche retail
uses along 100 Street and 100 Avenue in the core area.

Staff have therefore proposed setbacks of 200m, 100m, 50m and Zero metres from schools
and parks, respectively, as shown in the attached mapping [see Attachment 1: Proposed
School Setback Maps' & Attachment 2: Proposed Park Setback Maps']. The same setbacks
have also been proposed to regulate the distance between Cannabis Retail uses.

The options will be used to gather public feedback, with the Zero metre proposed setback
acting as a control number and a means of determining whether or not the public feels
setbacks should be required from schools and/or parks and/or other Cannabis Retail uses
respectively. When all proposed buffers are combined, the result will show areas where
Cannabis Retail uses will be restricted and where they may be located, the extent of which
is to be determined through the public engagement process.

Staff have also included wording in the draft bylaw which relates to how the bylaw shall be
interpreted to address the technical need for clarity in the zoning regulations and for
instance when reviewing potential applications for Cannabis Retail uses. The wording
used is as follows:

"Cannabis Retail shall be prohibited within xxxx metre (in a straight line from
closest parcel line to closest parcel line) of a lot or unit where Cannabis Retail is a
permitted use, whether or not Cannabis Retail is an active existing use of that lot or
unit."
This wording will allow for the consideration of applications for properties within a
commercial development that may have multiple units, at least one unit of which may be
within xxxx metre of a another Cannabis Retail use. In addition this will ensure clarity and
consistency when evaluating applications for Cannabis Retail upon legalization.

Pursuant to legal advice, the definitions have been worded to ensure that no Cannabis
Retail uses may be permitted in advance of Federal and Provincial legalization.

Council had previously discussed implementing a Cannabis Smoking/Cigarette Smoking


Bylaw for public places including playgrounds and recreation facilities. The Province has
included a section in Bill 30 regarding cannabis consumption in public places and the
excerpt of this is attached. Council may wish to include additional regulations.

RELEVANT OBSERVATIONS:
Bylaw Adoption Process:

Recommendation 1

The proposed bylaw adoption process following public engagement includes the
following:

Š A Zoning Amendment Bylaw prepared for First and Second Readings at the
June 11, 2018 Regular Council Meeting.
Š A Public Hearing, with Third Reading and Adoption of the Bylaw at the June 25,
2018 Regular Council Meeting.
Š Adoption Process steps are laid out and are proposed to take place in advance of
July 1, 2018, as requested by Council pursuant to Council Resolution 169/18.

Recommendation 2

The proposed bylaw adoption process following public engagement includes the
following:
» Zoning Amendment Bylaw (with additional measurements provided by

Council to insert into the draft bylaw) given first reading on May 22,
2018.
» Zoning Amendment Bylaw given second reading at the June 11, 2018

Regular Council Meeting. This bylaw could be amended in accordance


with public feedback.
» A Public Hearing, with Third Reading and Adoption of the Bylaw at the

June 25, 2018 Regular Council Meeting.


» Adoption Process steps are laid out and are proposed to take place in

advance of July 1, 2018, as requested by Council pursuant to Council


Resolution 169/18.
COMPLIANCE WITH STRATEGIC GOALS:
Goal No. 1 - Enhance community economic development to provide opportunities and
sustainability for Fort St. John.

Goal No. 5 - Actualize downtown Fort St. John as a social, vibrant, liveable hub as
articulated in the Fort St. John Downtown Action Plan.

COMPLIANCE WITH STRATEGIC PRIORITIES:

ESSENTIAL QUESTION:
Does Council support the draft bylaw for public engagement?

Did Council want to give first reading to the draft bylaw? Or did Council just wish to see a
draft?

DETERMINED DESIRED OUTCOMES (If the essential question is answered)

KEY RESULT: Council supports the proposed draft bylaw for public engagement.

UNINTENDED OUTCOMES: That Council does not support the draft bylaw as presented and
provides direction for additional or different setback distances to be considered.

DEPARTMENTS CONSULTED ON THIS REPORT to achieve the key results (pros and cons)

Development Services
Strategic Services
Legislative and Administrative Services

Attachments:
Attachment 1: Proposed School Setback Maps
Attachment 2: Proposed Park Setback Maps
Draft Zoning Amendment Bylaw No. 2419, 2018 - Cannabis Retail Stores
Cannabis Control and Licensing Act Bill 30 - Consumption in Public Places excerpt
RESPECTFULLY SUBMITTED:
Ashley Murphey, Planner
16 May 2018
¯
0m Setback of Cannabis
Retail from Schools
119 Ave

93 St
115 Ave

100 St
111 Ave
112 Ave
Legend
110 Ave
Municipal Boundary

104 St
Schools

108 St

89 St
105 Ave

106 St

79 St
C3 C2 - Downtown Core Commercial

101 St

94 St
C3 - General Commercial

92 St
C4 C4

98 St
100 Ave

C4 C3
C4 - Service Commercial
C4
General Commercial Zone - PRRD
C4 C4
C4

93 St
C4

86 St
Ala
C4 s ka
Hw 93 Ave
y
92 Ave

96A St
91 Ave
Old Fort Rd

91 Ave
C3
Cr C3

92A St
ee
109 St

89 Ave R d
C4

89 St
87 Ave
87 Ave
98 St

85 Ave 85 Ave

C4

Rd 259
C4

72 St
Ala C3
s ka
93 St

Rd
N

77 Ave

C4
Rd 265

0 0.25 0.5 1 1.5


Km
¯
50m Setback of Cannabis
Retail from Schools
119 Ave

93 St
115 Ave

Legend

100 St
112 Ave
111 Ave Municipal Boundary
110 Ave
Schools

104 St
50m Schools Buffer

108 St

89 St
105 Ave

106 St

79 St
C3 C2 - Downtown Core Commercial

101 St

94 St
C3 - General Commercial

92 St
C4 C4

98 St
100 Ave

C4 C3
C4 - Service Commercial
C4
General Commercial Zone - PRRD
C4 C4
C4

93 St
C4

86 St
Ala
C4 s ka
Hw 93 Ave
y
92 Ave

96A St
91 Ave
Old Fort Rd

91 Ave
C3
Cr C3

92A St
ee
109 St

89 Ave R d
C4

89 St
87 Ave
87 Ave
98 St

85 Ave 85 Ave

C4

Rd 259
C4

72 St
Ala C3
s ka
93 St

Rd
N

77 Ave

C4
Rd 265

0 0.25 0.5 1 1.5


Km
¯
100m Setback of Cannabis
Retail from Schools
119 Ave

93 St
115 Ave

Legend

100 St
Municipal Boundary
112 Ave
111 Ave
110 Ave
Schools

104 St
100m Schools Buffer

108 St

89 St
105 Ave

106 St

79 St
C3
C2 - Downtown Core Commercial

101 St

94 St
C3 - General Commercial

92 St
C4 C4

98 St
100 Ave

C4 C3
C4 - Service Commercial
C4
C4
C4 C4
General Commercial Zone - PRRD

93 St
C4

86 St
Ala
C4 s ka
Hw 93 Ave
y
92 Ave

96A St
91 Ave
Old Fort Rd

91 Ave
C3
Cr C3

92A St
ee
109 St

89 Ave R d
C4

89 St
87 Ave
87 Ave
98 St

85 Ave 85 Ave

C4

Rd 259
C4

72 St
Ala C3
s ka
93 St

Rd
N

77 Ave

C4
Rd 265

0 0.25 0.5 1 1.5


Km
¯
200m Setback of Cannabis
Retail from Schools
119 Ave

93 St
115 Ave

Legend

100 St
Municipal Boundary
112 Ave
111 Ave
110 Ave
Schools

104 St
200m Schools Buffer

108 St

89 St
105 Ave

106 St

79 St
C3
C2 - Downtown Core Commercial

101 St

94 St
C3 - General Commercial

92 St
C4 C4

98 St
100 Ave

C4 C3
C4 - Service Commercial
C4
C4
C4 C4
General Commercial Zone - PRRD

93 St
C4

86 St
Ala
C4 s ka
Hw 93 Ave
y
92 Ave

96A St
91 Ave
Old Fort Rd

91 Ave
C3
Cr C3

92A St
ee
109 St

89 Ave R d
C4

89 St
87 Ave
87 Ave
98 St

85 Ave 85 Ave

C4

Rd 259
C4

72 St
Ala C3
s ka
93 St

Rd
N

77 Ave

C4
Rd 265

0 0.25 0.5 1 1.5


Km
¯
0m Setback of Cannabis
Retail from Parks
119 Ave

93 St
115 Ave

Legend

100 St
112 Ave
111 Ave

Municipal Boundary
110 Ave

104 St
Parks

108 St

89 St
105 Ave

106 St
C2 - Downtown Core Commercial

79 St
C3

101 St

94 St
C3 - General Commercial

92 St
C4 C4

98 St
100 Ave

C4 C3
C4 - Service Commercial
C4
C4
C4 C4
General Commercial Zone - PRRD

93 St
C4

86 St
Ala
C4 s ka
Hw 93 Ave
y
92 Ave

96A St
91 Ave
Old Fort Rd

91 Ave
C3
Cr C3

92A St
ee
109 St

89 Ave R d
C4

89 St
87 Ave
87 Ave
98 St

85 Ave 85 Ave

C4

Rd 259
C4

72 St
Ala C3
s ka
93 St

Rd
N

77 Ave

C4
Rd 265

0 0.25 0.5 1 1.5


Km
¯
50m Setback of Cannabis
Retail from Parks
119 Ave

93 St
115 Ave

Legend

100 St
Municipal Boundary
112 Ave
111 Ave
110 Ave
Parks

104 St
50m Parks Buffer

108 St

89 St
105 Ave

106 St

79 St
C3
C2 - Downtown Core Commercial

101 St

94 St
C3 - General Commercial

92 St
C4 C4

98 St
100 Ave

C4 C3
C4 - Service Commercial
C4
C4
C4 C4
General Commercial Zone - PRRD

93 St
C4

86 St
Ala
C4 s ka
Hw 93 Ave
y
92 Ave

96A St
91 Ave
Old Fort Rd

91 Ave
C3
Cr C3

92A St
ee
109 St

89 Ave R d
C4

89 St
87 Ave
87 Ave
98 St

85 Ave 85 Ave

C4

Rd 259
C4

72 St
Ala C3
s ka
93 St

Rd
N

77 Ave

C4
Rd 265

0 0.25 0.5 1 1.5


Km
¯
100m Setback of Cannabis
Retail from Parks
119 Ave

93 St
115 Ave

Legend

100 St
Municipal Boundary
112 Ave
111 Ave
110 Ave
Parks

104 St
100m Parks Buffer

108 St

89 St
105 Ave

106 St

79 St
C3
C2 - Downtown Core Commercial

101 St

94 St
C3 - General Commercial

92 St
C4 C4

98 St
100 Ave

C4 C3
C4 - Service Commercial
C4
C4
C4 C4
General Commercial Zone - PRRD

93 St
C4

86 St
Ala
C4 s ka
Hw 93 Ave
y
92 Ave

96A St
91 Ave
Old Fort Rd

91 Ave
C3
Cr C3

92A St
ee
109 St

89 Ave R d
C4

89 St
87 Ave
87 Ave
98 St

85 Ave 85 Ave

C4

Rd 259
C4

72 St
Ala C3
s ka
93 St

Rd
N

77 Ave

C4
Rd 265

0 0.25 0.5 1 1.5


Km
¯
200m Setback of Cannabis
Retail from Parks
119 Ave

93 St
115 Ave

Legend

100 St
Municipal Boundary
112 Ave
111 Ave

Parks
110 Ave

104 St
200m Parks Buffer

108 St

89 St
105 Ave

106 St
C2 - Downtown Core Commercial

79 St
C3

101 St

94 St
C3 - General Commercial

92 St
C4 C4

98 St
100 Ave

C4 C3
C4 - Service Commercial
C4
C4
C4 C4
General Commercial Zone - PRRD

93 St
C4

86 St
Ala
C4 s ka
Hw 93 Ave
y
92 Ave

96A St
91 Ave
Old Fort Rd

91 Ave
C3
Cr C3

92A St
ee
109 St

89 Ave R d
C4

89 St
87 Ave
87 Ave
98 St

85 Ave 85 Ave

C4

Rd 259
C4

72 St
Ala C3
s ka
93 St

Rd
N

77 Ave

C4
Rd 265

0 0.25 0.5 1 1.5


Km
CITY OF FORT ST. JOHN

BYLAW NO. 2419, 2018

A bylaw to amend City of Fort St. John Zoning Bylaw No. 2181, 2014
and Peace River Regional District Zoning Bylaw No. 1343, 2001

In accordance with Sections 34 and 479 of the Local Government Act, the Council of the City of
Fort St. John, in open meeting assembled, enacts as follows:

1. Fort St. John Zoning Bylaw No. 2181, 2014 is hereby amended in the following manner:

Amend Section 3 – Definitions to add the following definitions in alphabetical order:

Cannabis Means cannabis as defined in the Controlled Drugs and


Substances Act or Cannabis Act and includes any products
containing cannabis;

Cannabis Retail Means the retail sale of cannabis or cannabis accessories as


lawfully permitted and authorized under the Provincial Cannabis
Control and Licensing Act;

Recreational Means a facility used for the cultivation, growth, processing,


Cannabis testing, storing, destruction, packaging, shipping or distribution
Production of cannabis or its derivatives for recreational purposes, as
Facility lawfully permitted and authorized under the Federal Cannabis
Act;

Amend Section 3 – Definitions by replacing the existing definition with the following:

Medical Marihuana Means a facility used for the cultivation, growth, processing,
Production Facility testing, storage, destruction, packaging, shipping or distribution
of marihuana for medical purposes as lawfully permitted and
authorized under the Federal Access to Cannabis for Medical
Purposes Regulations (ACMPR) or any subsequent legislation
which may be enacted in substitution thereof.

Amend General Regulations Section 4.3 – Permitted Uses, by replacing the existing
text with the following:

4.3 Prohibited Uses

No land, building or structure in any zone shall be used for any purpose other
than a specified permitted use for the zone in which it is located. Without
limiting the foregoing, unless otherwise specifically permitted in this Bylaw, the
following uses are prohibited in all zones:

1. MEDICAL MARIHUANA PRODUCTION FACILITY except as an allowable


farm use on lands within the Agricultural Land Reserve

2. RECREATIONAL CANNABIS PRODUCTION FACILITY.


Zoning Amendment Bylaw No. 2419, 2018 Page 2

1. Fort St. John Zoning Bylaw No. 2181, 2014 is hereby amended in the following manner:

Repeal and replace the following paragraph under Section 4 - General Regulations as
follows:

4.14 Adult Entertainment

Adult Entertainment shall be prohibited within 500 metres (in a straight line from
closest parcel line to closest parcel line) of an institutional use and within 500
metres (in a straight line from closest parcel line to closest parcel line) of a
residential use.

Add the following section under Section 4 - General Regulations as follows:

4.15 Cannabis Retail

Cannabis Retail shall be prohibited:


• Within XXXX metres (in a straight line from closest parcel line to closest
parcel line) of a school;
• Within XXXX metres (in a straight line from closest parcel line to closest
parcel line) of a park; or
• Within XXXX metres (in a straight line from closest parcel line to closest
parcel line) of a lot or unit where Cannabis Retail is a permitted use,
whether or not Cannabis Retail is an active existing use of that lot or
unit.

Amend Commercial Section 7.1.1 – Commercial Zones by adding the following to the
tables of permitted uses, in alphabetical order:

C-2 Permitted Uses: Cannabis Retail

C-3 Permitted Uses: Cannabis Retail

C-4 Permitted Uses: Cannabis Retail


Adult Entertainment

2. Peace River Regional District Zoning Bylaw No. 1342, 2001 is hereby amended in
respect of the land shaded and described as the extension area in the attached map
titled “Schedule 1 to the Letters Patent of the City of Fort St. John”:

Part II – DEFINITIONS

Amend Section 3 – Definitions to add the following definitions in alphabetical order:

Cannabis Means cannabis as defined in the Controlled Drugs and


Substances Act or Cannabis Act and includes any products
containing cannabis;

Cannabis Retail Means the retail sale of cannabis or cannabis accessories as


lawfully permitted and authorized under the Provincial Cannabis
Control and Licensing Act;
Zoning Amendment Bylaw No. 2419, 2018 Page 3

2. Peace River Regional District Zoning Bylaw No. 1342, 2001 is hereby amended in
respect of the land shaded and described as the extension area in the attached map
titled “Schedule 1 to the Letters Patent of the City of Fort St. John”:

Part II – DEFINITIONS

Amend Section 3 – Definitions to add the following definitions in alphabetical order:

Recreational Means a facility used for the cultivation, growth, processing,


Cannabis testing, storing, destruction, packaging, shipping or distribution
Production of cannabis or its derivatives for recreational purposes, as
Facility lawfully permitted and authorized under the Federal Cannabis
Act;

Amend Section 3 – Definitions by replacing the existing definition with the following:

Medical Marihuana Means a facility used for the cultivation, growth, processing,
Production Facility testing, storage, destruction, packaging, shipping or distribution
of marihuana for medical purposes as lawfully permitted and
authorized under the Federal Access to Cannabis for Medical
Purposes Regulations (ACMPR) or any subsequent legislation
which may be enacted in substitution thereof.

Part III – BASIC PROVISIONS

Amend Section 6 – General Prohibition by replacing the existing text with the
following:

Section 6 – General Prohibition

1. No person shall:
(a) Use or occupy any land, building or structure; or
(b) Construct, or site, or alter any building or structure; or
(c) Create a parcel by subdivision;

Other than specifically permitted by this Bylaw;

2. Without limiting the foregoing, unless otherwise specifically permitted in this


Bylaw, the following uses are prohibited in all zones:

(a) RECREATIONAL CANNABIS PRODUCTION FACILITY,

(b) MEDICAL MARIHUANA PRODUCTION FACILITY except as an allowable


farm use on lands within the Agricultural Land Reserve.
Zoning Amendment Bylaw No. 2419, 2018 Page 4

2. Peace River Regional District Zoning Bylaw No. 1342, 2001 is hereby amended in
respect of the land shaded and described as the extension area in the attached map
titled “Schedule 1 to the Letters Patent of the City of Fort St. John”:

Amend Part IV – General Regulations to add the following in numerical order:

Section 29 A – Cannabis Retail

Cannabis Retail is permitted within the C-2 (General Commercial Zone) subject to the
following regulations:

a) Cannabis Retail shall not be located within XXXX metres (in a straight line from
closest parcel line to closest parcel line)of a school.

b) Cannabis Retail shall not be located within XXXX metres (in a straight line from
closest parcel line to closest parcel line) of a park.

c) Cannabis Retail shall not be located within XXXX metres (in a straight line from
closest parcel line to closest parcel line) of a lot or unit where Cannabis Retail is
a permitted use, whether or not Cannabis Retail is an active existing use of that
lot.

Amend Section 42 C-2 (General Commercial Zone 1.8ha), by adding the following to
the list of permitted uses, in alphabetical order:

(uu) Cannabis Retail

3. If any section, subsection sentence, clause or phrase of this bylaw is for any reason
held to be invalid by the decision of any court of competent jurisdiction, the invalid
portion shall be severed and the part that is invalid shall not affect the validity of the
remainder.

4. This Bylaw may be cited as Zoning Amendment Bylaw No. 2419, 2018.
Zoning Amendment Bylaw No. 2419, 2018 Page 5

READ FOR A FIRST TIME THIS DAY OF 2018

READ FOR A SECOND TIME THIS DAY OF 2018

Notice of Public Hearing posted to the City’s website on and advertised in the
Alaska Highway News on

MINISTER OF TRANSPORTATION AND HIGHWAYS APPROVAL RECEIVED THIS


DAY OF 2018

PUBLIC HEARING HELD THIS DAY OF 2018

READ FOR A THIRD TIME THIS DAY OF 2018

ADOPTED THIS DAY OF 2018

LORI ACKERMAN JANET PRESTLEY, DIRECTOR OF


MAYOR LEGISLATIVE AND ADMINISTRATIVE
SERVICES
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(ii) 4 cannabis plants, if one or more of the adults is not
authorized to grow cannabis plants that are medical
cannabis;

(e) the cannabis plant is not from a seed or plant material that
the adult knows is illicit cannabis;

(f) the cannabis plant is not visible from a place described in


paragraph (a) of the definition of "public place" by an individual
unaided by any device other than a device to correct vision;

(g) any prescribed requirements relating to the adult, cannabis


plant or dwelling house.

Deemed contravention

59 (1) Subsection (2) applies if

(a) 2 or more adults ordinarily reside at the same dwelling


house,

(b) at least one of the adults is authorized under the Cannabis


Act (Canada) to grow cannabis plants that are medical cannabis,
and

(c) the number of cannabis plants growing at the dwelling house


is more than the number of cannabis plants permitted under
section 58 (d).

(2) In the circumstances described in subsection (1), each adult is


deemed to have contravened section 58 [personal growing of medical
cannabis].

(3) The deemed contravention referred to in subsection (2) by an adult


does not apply if the adult took reasonable steps to prevent the
contravention.

Division 3 - Consumption in Public

Definitions

60 In this Division:

"education authority" means

(a) a board of education or francophone education authority


under the School Act, or

(b) an authority under the Independent School Act;

"health board" means


(g) the cannabis plant is not visible from a place described in
paragraph (a) of the definition of "public place" by an individual
unaided by any device other than a device to correct vision;

(h) any prescribed requirements relating to the adult, cannabis


plant or dwelling house.

Deemed contravention

57 (1) If 2 or more adults ordinarily reside at the same dwelling house at


which more than 4 cannabis plants are growing and none of the adults is
authorized under the Cannabis Act (Canada) to grow medical cannabis at
the dwelling house, each adult is deemed to have contravened section 56
[personal growing],

(2) The deemed contravention referred to in subsection (1) by an adult


does not apply if the adult took reasonable steps to prevent the
contravention.

Personal growing of cannabis plants - medical cannabis

58 An adult must not grow a cannabis plant that is medical cannabis unless
the following requirements are met:

(a) the adult is authorized under the Cannabis Act (Canada) to


grow the plant and the plant is growing at the site at which the
adult is authorized to grow it;

(b) no part of the site


(i) is authorized to operate as a community care facility
under a licence issued under the Community Care and
Assisted Living Act to provide care programs prescribed by
the Child Care Licensing Regulation, B.C. Reg. 332/2007,
or

(ii) is used or operated for a prescribed purpose;

(c) no more cannabis plants that are medical cannabis are


growing at the site than the number authorized under the
Can nab is Act (Canada);

(d) if the site is a dwelling house at which 2 or more adults


ordinarily reside, no more cannabis plants are growing at the
site than the sum of

(i) the total number of plants authorized under the


Cannabis Act (Canada)to be grown at the site for each
adult authorized under that Act to grow cannabis plants
that are medical cannabis, and
(a) a regional health board designated under the Health
Authorities Act, or

(b) the board or other governing body of a prescribed


organization having the delivery of health services as one of its
purposes;

"health board property" means property that is, in whole or in part,


owned or leased by, or operated under the authority of, a health
board;

"property" includes

(a) real property and improvements, and

(b) personal property;

"school property" means property that is

(a) in whole or in part, owned or leased by, or operated under


the authority of, an education authority, and

(b) used for the purposes of delivering educational programs or


other learning programs;

"smoke or vape cannabis" includes the following:

(a) smoke or hold lighted cannabis;

(b) use or hold a device that is vapourizing cannabis for


inhalation or release into the air;

"superintendent" means

(a) the superintendent of schools under the School Act, or

(b) a person exercising similar authority in respect of an


independent school under the Independent School Act.

School property

61 A person must not consume cannabis

(a) in or on school property, or

(b) within a prescribed distance from school property.

Health board property

62 A person must not smoke or vape cannabis in or on health board


property, except in any area designated by the health board as an area in
which a person may use tobacco or e-cigarettes within the meaning of the
Tobacco and Vapour Products Control Act.
Outdoor smoking and vaping

63 (1) A person must not smoke or vape cannabis in or on any of the


following places, if the place is a public place that is outdoors:

(a) a skating rink/ sports field, swimming pool, playground or


skate park;

(b) a spray pool or wading pool within the meaning of


regulations under the Public Health Act or a splash pad;

(c) a deck, seating area, viewing area or other place used in


association with a place to which paragraph (a) or (b) applies.

(2) A person must not smoke or vape cannabis within a prescribed


distance from the places to which subsection (1) (a) to (c) applies.

(3) A person must not smoke or vape cannabis in a prescribed area of any
the following places:

(a) a park within the meaning of the Park Act;

(b) a regional park within the meaning of the Local Government


Act;

(c) an outdoor area established by a local government for


purposes of community recreation;

(d) a permanent public park over which the Park Board has
jurisdiction under section 488 of the Vancouver Charter.

Indoor smoking and vaping

64 (1) A person must not smoke or vape cannabis in any of the following
places that are fully or substantially enclosed within the meaning of the
regulations:

(a) a place described in paragraph (a) of the definition of "public


place";

(b) a workplace, being any place


(i) in which a person performs services in return for
compensation, or

(ii) used in conjunction with the performance of services in


return for compensation, including restrooms, meeting
rooms and structures used for breaks;

(c) a common area within an apartment building, condominium


or dormitory.

(2) For the purpose of subsection (1) (b), if a place is used as a workplace
and as a residence, the place is a workplace only while the services are
being performed.

(3) A person must not smoke or vape cannabis within a prescribed


distance from a doorway, window or air intake of a place to which
subsection (1) (a) to (c) applies.

Consumption in vehicles and boats

65 (1) A person must not consume cannabis while

(a) operating a vehicle or boat, or

(b) in or on a vehicle or boat being operated by another person.

(2) A person must not operate a vehicle or boat if the person knows that
another person is smoking or vaping cannabis in the vehicle or boat.

(3) Subsections (1) and (2) apply regardless of whether the vehicle or
boat is in motion.

Bus stops and similar places

66 A person must not smoke or vape cannabis

(a) in or at a bus stop, train station or stop, taxi stand or ferry


dock or stop, or similar place marked for passenger loading or
unloading, or

(b) within a prescribed distance from a place described in


paragraph (a).

Prescribed places

67 A person must not consume cannabis in a prescribed place.

Vicarious liability

68 (1) If a person consumes cannabis in contravention of section 61 (a) [in


or on school property], the education authority, superintendent and
principal are each deemed to have contravened that section and are each
liable for the contravention.

(2) If a person smokes or vapes cannabis in contravention of section 64


(1) (a) or (c) [enclosed public places] or within a prescribed distance from
a doorway, window or air intake of a place to which section 64 (1) (a) or
(c) applies in contravention of section 64 (3) [doorways and windows],
the owner, manager and lessee of the place are each deemed to have
contravened section 64 (1) (a) or (c) or (3), as the case may be, and are
each liable for the contravention.

(3) If a person smokes or vapes cannabis in contravention of section 64


(1) (b) [enclosed workspaces] or within a prescribed distance from a
doorway, window or air intake of a place to which section 64 (1) (b)
applies in contravention of section 64 (3) [doorways and windows], the
employer is deemed to have contravened section 64 (1) (b) or (3), as the
case may be, and is liable for the contravention.

(4) Subsections (1) to (3) apply whether or not the person who consumed
or smoked or vaped cannabis is charged with a contravention of the
applicable section.

(5) If a person is charged with a contravention of section 61 (a) or 64 (1)


or (3) as a result of this section, it is a defence to the charge if the
education authority, superintendent, principal, owner, manager, lessee or
employer, as the case may be, demonstrates having taken reasonable
steps to prevent the contravention.

Division 4 - Minors

Selling or supplying cannabis or cannabis accessories to minors

69 (1) A person must not sell cannabis or a cannabis accessory to a minor.

(2) A person must not supply cannabis or a cannabis accessory to a


minor.

(3) A person must not allow a minor to consume or possess cannabis in or


at a place under the person's control.

(4) A licensee, an employee of a licensee or a person who works in a


government cannabis store does not contravene subsection (1), (2) or (3)
if the licensee, employee or person, in reaching the conclusion that an
individual is not a minor,

(a) requires the individual to produce prescribed identification,


and

(b) examines the identification and has reason to believe it is


authentic.

(5) A person, other than a licensee, employee of a licensee or person who


works in a government cannabis store, does not contravene subsection
(2) or (3) if the person, in reaching the conclusion that an individual is not
a minor, took reasonable steps to ascertain the individual's age.

Persons conducting cannabis activities - minors

70 (1) In this section:

"authorized cannabis activities" means activities authorized by a


licence under this Act or a licence under the Cannabis Act (Canada)