Cannabis plants at CannTrust's Fenwick grow operation nearing harvest, June 2019. The distinctive yellow lighting tint is intended to simulate late summer sunlight. VOICE

Town requests comments on draft cannabis policies and regulations

In a statement released April 17, 2020, the Town of Pelham requests feedback on the Cannabis Control Committee’s proposed amendments to the Official Plan (File no. OP-AM-01-19) and Zoning By-law (File no. AM-07-19) under Sections 22 and 34 of the Planning Act, R.S.O. 1990, with respect to cannabis production within the Town.

According to the statement, the Draft Official Plan Amendment proposes to:

  • Establish a cannabis overlay for lands designated Good General Agricultural where new cannabis and industrial hemp-related uses (indoor and outdoor) are permitted, subject to certain criteria being satisfied, including policy guidance for the establishment of appropriate setbacks to avoid, minimize and mitigate adverse effects.
  • Establish the requirement for a zoning by-law amendment to establish a new cannabis-related use or industrial hemp-related use in the Good General Agricultural designation.
  • Indicate that Site Plan Approval would also be required for such uses.
  • Require an Official Plan Amendment, in addition to a zoning by-law amendment, to permit new cannabis and industrial hemp-related uses within the Specialty Agricultural designation.
  • Identify the studies that are required to support the establishment of a cannabis or industrial hemp-related use to ensure that all potential adverse effects are studied in advance. Required studies include an Odour Emission and Dispersion Modelling Report, Contingency Odour Mitigation Plan, Light Mitigation Plan, Contingency Light Mitigation Plan, Agricultural Impact Assessment and Traffic Impact Study in addition to other required studies typically submitted as part of an application for re-zoning. The results of these studies are intended to establish the minimum setback from sensitive land uses to be included in the required site-specific zoning by-law amendment and may establish a maximum facility size for the use, if it has been determined that the siting of the use can be supported. These studies will also establish minimum separation distances between cannabis and industrial hemp-related uses, as required.
  • Establish guidelines on what setbacks will be considered as a minimum if a cannabis or an industrial hemp-related use is proposed through a zoning by-law amendment which can be increased or decreased based on the merits of an individual application.

The Draft Zoning By-law Amendment proposes to:

  • Add definitions for indoor and outdoor cannabis and industrial hemp-related uses as well as sensitive land uses.
  • Establish Agricultural – Cannabis (A-CAN) and General Industrial-Cannabis (M2-CAN) zones with regulations for minimum setbacks, lot area, frontage and coverage requirements.
  • Rezone properties containing existing cannabis – related uses site-specifically to recognize existing operations.

Copies of the draft Official Plan and Zoning By-law amendments as well as an explanatory report are available for viewing on the Town’s website at: www.pelham.ca.

Interested parties are requested to provide input by email to Shannon Larocque, Senior Planner, Tim Nohara, Chair of Cannabis Control Committee, and Nick McDonald, Planning Consultant, or in writing to:  Town Clerk, Nancy J. Bozzato, PO Box 400, 20 Pelham Town Square, Fonthill, Ontario  L0S 1E0 by May 5th, 2020.

It is anticipated that council will receive a recommendation report respecting the Official Plan and Zoning By-law amendments on June 1, 2020.

The Town notes that written submissions and comments form part of the public record and may be publicly released.

The Town further notes that if a person or public body does not make oral submissions at a public meeting or make a written submission to the Town of Pelham on the Planning Act matters before the proposed Official Plan and Zoning By-law amendments are adopted, the person or public body is not entitled to appeal the decision to the Local Planning Appeal Tribunal. Further, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there is reasonable grounds to do so.