Olive Tree Wide Presentation

NOVEMBER, 2021 Where to Grow? A Look at Cannabis Land Use Planning in Simcoe County Dr Wayne Caldwell Dr Sara Epp Alessia Pugliese Jorden Scholten Samantha Yeung.

A Thank you to OMAFRA For funding through the Ontario Agri-Food Research Alliance.

Presentation Overview THINGS TO COVER Why Research Cannabis? Jurisdictional Responsibilities Gaps in Research The Township of Oro-Medonte & ZBL No. 2020-046 The Farming and Food Protection Act, 1998 The Provincial Policy Statement, 2020 Community Perspectives Recommendations.

There is opportunity for economic growth, yet still concerns about lighting and odour nuisance Cannabis industry is rapidly expanding in the Southern-Ontarian rural country-side The novelty of cannabis legislation is a current gap in research, especially regarding the appeals process.

Municipal. Jurisdictional Responsibilities. Provincial.

Gaps in the Research A new industry: there is a gap in our understanding of the land use appeals process within cannabis production policy Currently, most of the information surrounds the beginnings of the LPAT process as all cases but one have been dismissed This presentation will analyze one of the first appeals cases in Southern Ontario, Zoning By-law No. 2020-046 and Carmel Pharm Corp v. The Township of Oro-Medonte.

ORO MED ON tvie 9 •ion La' Big B P. THE TOWNSHIP OF ORO-MEDONTE Located in the Region of Simcoe in Southern Ontario Passed ZBL No. 2020-046 on April 29, 2020 Two major changes: Cannabis Production and Processing Facility Agricultural Uses.

Cannabis Production Facility Agricultural Use & Agricultural Use, Specialized Community Support Is now a permitted use in Rural Industrial and Economic Development Zones Does not include Cannabis Production Facility Noted in the case proceedings is the vast amount of written and spoken support from the local community.

LPATs Local Planning Appeals Tribunals What are they?.

Carmel Pharms Corp. Canada Inc Ontario Ltd. Legally licensed producer and established Cannabis Production and Processing Facility • Applicant for a license to establish a Cannabis Production and Processing Facility • Requesting a Site Plan Appeal and Development Charges Appeal • Legal producer and established Hemp Growing Facility • Seeking a Town-wide Amendment.

THE TOWNSHIP Expensive and lengthy process to defend bylaw consistently Established to protect the wellbeing of the community Suggesting three separate hearings for three separate cases.

Farming and Food Protection Act, 1998. Section 6 (1) No municipal by-law applies to restrict a normal farm practice carried on as part of an agricultural operation.

Is Cannabis Considered an Agricultural Operation?.

Issues of Jurisdiction. Cannabis as a Normal Farm Practice.

Applications to the NFPPB BURNSTOWN FARMS V TOWN OF BECKWITH Argued that the town bylaw prohibits land use plans to establish a licensed Cannabis Production Facility as fortified under the Cannabis Act Both FFPPA and the Cannabis Act regulate cannabis production- possibility of conflicting regulations In this case, paramouncy would be examined- does the provincial law frustrate the federal policy? Ultimate decision: NFPPB ruled that the investigation could go no further until evidence was provided that proved that production at the farm within the Township consisted of normal farm practices under FFPPA (Eiselt, 2019).

What About the Provincial Policy Statement?.

PPS Section 1.1.5.2 “On rural lands located in municipalities, permitted uses are: a) the management or use of resources; b) resource-based recreational uses (including recreational dwellings); c) residential development, including lot creation, that is locally appropriate; d) agricultural uses, agriculture-related uses, on-farm diversified uses and normal farm practices, in accordance with provincial standards; e) home occupations and home industries; f) cemeteries; and g) other rural land uses.”.

Community Perspectives. Nuisances. Frustration. Cannabis on Agricultural Land?.

Community Wellbeing and Diversifying Rural Economies How will Planners address the needs of their communities while still considering economic needs?.

A Standardized Set of Guidelines Surrounding Nuisance Impacts Enhanced Communication Efforts between Health Canada and Local Government A set of guidelines would assist both Municipalities, the public, and industry as it would provide clairification on these issues A major issue in land use planning for cannabis production is a lack of understanding surrounding enforcement. Enhanced communication between these parties in being able to address community concerns regarding cannabis without it evolving into a lengthy and expensive LPAT process.

Next Steps. Surveys of Municipalities. Selection of Case Studies.

Email Addresses Alessia Pugliese MSc: [email protected] Dr Sara Epp: [email protected].

References: Carmel Pharm Corp v. Oro- Medonte . (2021). Local Planning Appeal Tribunal. PL200194. Eiselt , E. (2019). Do Municipal Bylaws Regulating Cannabis Restrict Normal Farm Practices under the FFPPA and Conflict with the Cannabis Act? Government of Ontario. (2020). Provincial Policy Statement, 2020. Under the Planning Act. 1– 56. Retrieved from https:// files.ontario.ca /mmah-provincial-policy-statement-2020-accessiblefinal- en-2020-02-14.pdf Ontario Ministry of Agriculture Food and Rural Affairs. (2017). The Farming & Food Production Protection Act ( FFPPA ). Owen, J. (2020). Simcoe County asking feds for help to deal with cannabis issues. Orillia Matters. Quigg , A. (2018). CANNABIS IN CANADA: A BEST PRACTICE GUIDE TO PLANNING FOR THE LEGALIZATION OF RECREATIONAL MARIJUANA. Ryerson University. The Corporation of the Township of Oro- Medonte . By-law No. 2020-046., (2020). The Corporation of the Township of Oro- Medonte . (2013). Maps- Oro- Medonte ..