FAQs

The terms are often used interchangeably, though the term cannabis is used in this Study to align with the current federal legislation.

The Federal Government

• Permits licenses for cultivation, processing, testing and sale of cannabis
• Supports research into cannabis
• Oversees applications, licensing and enforcement

The Provincial Government

• Oversees licensing for the sale of recreational cannabis by privately-run, authorized dealers (similar to the LCBO)
• Operates the Ontario Cannabis Store, a legal online retailer of cannabis

 The Region of Niagara

• Provides police enforcement
• Enforcement of Regional By-laws
• Through Public Health provides education and tools on cannabis use

The Town of Fort Erie

• Sets planning tools such as Official Plan policies and Zoning By-law requirements or Site Plan Control measures to regulate cannabis growth and production
• Enforces Town Zoning By-law and other Town By-laws

 In simple terms: The Federal Government permits and licenses the use overall, the Provincial Government regulates the sale of the product, the Regional government handles education on use and enforcement and the Town sets the land use regulations for the permitted use and handles enforcement.

The Federal Cannabis Act came into effect in October 2018.  It had the effect of legalizing the production, sale and use of cannabis for recreational purposes in Canada.  Cannabis for medical purposes (also known as Medical Marihuana) is already addressed in the Town’s planning documents.  The Town’s policies are not up to date with federal legislation. Thus, the study is being undertaken to reflect the change in federal legislation from the production of only medical cannabis to the production of cannabis for recreation and/or commercial purposes.  The Study will explore the Town’s role in regulating cannabis cultivation and production as a land use and consider what changes to the Town’s planning documents are needed as a result.

The Federal Cannabis Act permits, without a license, the personal growth of up to 4 cannabis plants per dwelling for recreational use.  As this Study is specific to commercial growth, the personal growth of cannabis within a household falls outside its scope.  

No, the Province of Ontario regulates the retail sale of cannabis. The retail sale of cannabis from a provincially licensed store is legal and is a permitted use in zones in Fort Erie where retail uses are permitted.  Since the focus of this Study is production, it will not be considering the sale of cannabis in retail stores.

There is a detailed application process to obtain a license from Health Canada, and individuals/organizations/businesses need a license to start a cannabis cultivation/production business.  Any licensed business is also required to adhere to other applicable laws and municipal requirements that currently exist or may be introduced as the result of this Study.  

Yes.  While the Town cannot outright ban cannabis production, licensed facilities must adhere to local zoning.  This provides the Town with an opportunity to regulate some aspects of cannabis production, including things like setbacks, noise, traffic mitigation measures and lighting and parking requirements.    

• Odour 

Odour is one of the commonly raised concerns related to cannabis production.  This Study will examine these different concerns, and identify opportunities for odour to be mitigated through regulation.

• Lighting

Another commonly raised concern is the amount of ambient light that is given off by cannabis operations.  This study will examine mitigation measures such as the use of black-out curtains and other opportunities to reduce light pollution on surrounding properties.

• Traffic

Cannabis production facilities have the potential to generate increased traffic depending on the type of operation, number of employees, shifts, deliveries and shipments.  This study will look at tools such as Traffic Impact Study in order to mitigate any issues from a traffic standpoint.

• Groundwater

Cannabis production facilities are generally significant water users as water is needed for irrigation of the plants, disinfecting, processing activities where applicable as well as domestic use for employees.  When located in the agricultural area, this supply generally comes from sources outside of municipal services and include can include wells, ponds or cisterns.  This Study will examine regulatory methods the Town can implement to identify water supply and potential impacts on the water table.  

• Loss of Agricultural Lands

Provincial Policies and Guidelines as well as Regional Official Plan Policies consider the growing of cannabis to be an agricultural use, and the processing of cannabis is also permitted in agricultural areas as a value added use.   Provincial and Regional policies all support agriculture of all types in agricultural areas.  This Study will examine what official plan, zoning by-law, site plan control and other planning tools can be put in to place to review cannabis operations and minimize impacts where possible through appropriate mitigation measures.

• Changing Character of the Agricultural Area

Cannabis production facilities are often viewed as more industrial in their appearance and operation.    Additionally, the security measures required by Heath Canada including fencing, building construction types, visual monitoring and alarm systems contribute to the industrial impression these operations can portray.  This Study will examine what tools can be used to mitigate these concerns including separation between uses, landscape buffers, minimum parking requirements and requirements for siting of buildings and parking uses (i.e. parking areas should be located to the side or rear of the facility where possible or screened from the view of passing and adjacent residents).