Council recently discussed revisions to the municipality’s land use bylaw that were drafted to accommodate impending federal and provincial legislation for the anticipated legalization of recreational cannabis.
Linda Nelson, chief administrative officer, told council during the May 28 meeting that the Senate was expected to vote on the matter on Thursday, June 7.
Depending on the result of that vote, recreational cannabis could be poised to become legal as soon as August or perhaps September, she said, adding the initial timeline of July was not likely.
The federal government will outline and enforce production regulations as well as possession limits, while provincial governments will be responsible for, among other considerations, developing legal frameworks for distribution and wholesaling. Meanwhile, municipalities can further create additional bylaws governing education, taxation, retail location and rules, public consumption as well as land use and zoning, states the Alberta government’s website.
“We’re looking at amendments to the land use bylaw to supplement some controls on the distribution and sale of cannabis,” Mike Marko, director of planning and economic development, told council.
The province has identified cannabis dispensaries as retail stores in its legal framework, but has offered municipalities the authority to include further controls, said Marko.
Included among the provincial framework is for retail cannabis stores to have a minimum setback of 100 metres from public institutions such as hospitals and schools. However, the provincial government has left room in its legislation to allow municipalities to establish further controls such as setting greater setbacks “if we wish to do so,” he added.
Administration compiled a list of numerous questions to post online for the public's consideration, he said.
“We’d like to solicit some input from the community to see how they view these particular issues, and whether or not they feel that the provincial requirements that have been set are appropriate or would they like us to delve into some further issues through our land use bylaw,” he said, citing as an example the possibility of establishing greater setbacks than the minimum outlined by the provincial government.
Coun. Cheri Funke asked administration whether any applications for a development permit would essentially by default have to be approved when recreational cannabis is legalized, regardless of whether the municipality amends its land use bylaw.
“They would fall to the closest use definition within the land use bylaw,” said Linda Nelson, chief administrative officer.
“But that does not mean we can’t still attach conditions to the permit.”
Coun. Richard Warnock asked if municipalities had the authority not to allow sales of recreational cannabis within their boundaries.
“We cannot prohibit this,” said Nelson.
“There is nothing in the legislation that would allow us to prohibit it.”
Although some municipalities such as Cardston are dry communities that do not allow the sale of alcohol, the same does not apply for cannabis sales, she said.
Warnock pointed out that he was not inferring that attempting to prohibit cannabis in Sundre was his suggestion, but said he anticipates members of council will be fielding such questions from some residents.
“I just wanted that clarified,” he said.
The only reason the Town of Sundre could refuse a proposed cannabis retail store would be if the developer failed to comply with the municipality’s land use bylaw, said Nelson.
Mayor Terry Leslie said that while municipalities cannot prohibit the sale of recreational cannabis, councils could if they so wish establish further controls.
Coun. Paul Isaac suggested involving organizations such as the RCMP, hospital, schools and perhaps even businesses in the dialogue.
“Whatever bylaw we decide to make a standard in our town, we have to have all of those other organizations be on board with us. It’s not so much just public input,” said Isaac.
Funke also inquired, in reference to the federal law that will allow Canadians to grow a limit of four plants per household, about whether the municipality had any ability to control personal cultivation.
“I don’t know how we would regulate that,” said Nelson, casting doubts on the ability to apply for a development permit to grow four plants within a home.
While Funke was under the impression residents will be allowed to grow anywhere on their property, Nelson said her understanding is that cultivation will be limited within a home.
Following last week's vote in the Senate, legislators revised the federal legalized recreational cannabis framework to grant provinces authority to decide whether to prohibit people from home cultivation.
Wrapping up her questions, Funke also wanted to know whether administration intended to review the business licence bylaw to differentiate cannabis retail stores from all other enterprises.
“I can say a big huge ‘yes’ to that. Absolutely,” said Nelson.
Coun. Rob Wolfe’s motion to accept the report for information carried.
The survey is live on the municipality’s website, www.sundre.com, until Tuesday, June 26 at 4 p.m.
