Cannabis Production Facilities

Interim Control Bylaw for Cannabis Production Facilities

The Township of Wainfleet adopted Interim Control Bylaw 021-2019 on March 26, 2019. The interim control bylaw prohibits the use of any land, building or structure for cannabis production. The Township is currently reviewing zoning, site plan and licensing requirements regarding cannabis production facilities.

The interim control bylaw was amended on March 10, 2020 via Bylaw 009-2020 to extend the period of time during which the bylaw will be in effect from March 26, 2020 to November 26, 2020. This means that no property within the Township may be used for the growing of cannabis until the bylaw expires on November 26, 2020 or until the bylaw is repealed.

If you would like to receive notifications regarding the draft zoning, site plan guidelines and amendments to the licensing bylaw, please contact the Planner to be added to the notification list.

Cannabis Retail Sales

The Township of Wainfleet adopted a resolution on January 8, 2019 opting-out of retail cannabis stores. This means that retail cannabis stores are not permitted to operate within the Township of Wainfleet.

Administrative Staff Report ASR-040/2018 Re: Cannabis Retail Sales

Medical Marihuana Facility – Zoning Bylaw

The current regulations for a Medical Marihuana Facility in the Zoning Bylaw are under review as part of Interim Control Bylaw 021-2019.

Medical Marihuana Facilities are permitted in the Agricultural & Rural zones (A1, A2, A3 and A4) through a site specific zoning bylaw amendment. Medical Marihuana Facilities are subject to the following regulations:

• a Medical Marihuana Facility or portion thereof shall not be permitted in a dwelling;
• a Medical Marihuana Facility shall be located a minimum of 150m from the lot line of any Residential or Institutional use or zone, including a day nursery;
• a sign identifying the facility or property as being or containing a Medical Marihuana Facility shall be prohibited;
• outdoor storage shall be prohibited.

Medical Marihuana Facilities are also subject to site plan control and require a site plan application.

Medical Marihuana Facility – Site Plan Control

The current site plan regulations for a Medical Marihuana Facility are under review as part of Interim Control Bylaw 021-2019.

A Medical Marihuana Facility requires a Level 1 site plan approval and a site plan agreement. Level 1 site plans are to be approved by Council, in addition to the required site specific zoning bylaw amendment.

Medical Marihuana Licensing Bylaw 057-2017

The Medical Marihuana Licensing Bylaw 057-2017 is similar to a business licensing bylaw. Key highlights of the bylaw are as follows:

• every Medical Marihuana Facility is required to obtain and hold a valid licence from the Township;
• licences are to be renewed annually;
• applicants must demonstrate compliance with the Township's Zoning Bylaw and Ontario Fire Code;
• applicants must provide proof of a valid Health Canada license, proof of insurance, general inspection report by the Electrical Safety Authority (ESA) and a police background check.

Medical Marihuana Facility License Application

Reporting Concerns

Licensing for cannabis production facilities is overseen by the Government of Canada. Complaints regarding odours, practices and licensing should be directed Health Canada through the online Cannabis Reporting Form.

Concerns relating to farm practices under the Farming and Food Protection Act, including odour and light emissions, can be directed to the Normal Farm Practices Protection Board.

Concerns relating to public safety or illegal behaviour should be directed to the Niagara Regional Police Service.

Complaints regarding property standards or contravention of the interim control bylaw can be directed to the Township's Bylaw Enforcement Officer.

Application Forms

• Pre-Consultation Meeting Request Form
• Zoning Bylaw Amendment Application
• Site Plan Application
• Medical Marihuana Facility License Application
• Medical Marihuana Facility Information Brochure