REGIONAL DISTRICT OF CENTRAL KOOTENAY

COMMITTEE REPORT
DATE OF REPORT: January 30, 2014 DATE & TYPE OF MEETING: February 12, 2014 Rural Affairs Committee AUTHOR: Megan Squires, Planner

SUBJECT: MARIHUANA PRODUCTION FACILITIES

FILE: 4800-20-MMG

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The purpose of this report is to provide an update on the status of federal regulations for medical
marihuana, and to recommend amendments to Zoning Bylaws 1675, Area 'G' 1335 (RLUB), as well as the

Comprehensive Land Use Bylaws 2315, 2316, 2317 for Areas A, B, and C to establish Medical Marihuana
Production as a permitted use in Agriculture land use zones; and to recommend adoption of specific land use regulations in these zones to help mitigate potential adverse impacts to adjacent property owners and the community in relation to marihuana production.

-:sEp:tiN^I:,i^KiiiyNMNiKsls:i?In 2011 Health Canada introduced proposed changes to federal policy for the production of medical marihuana. The Marihuana for Medical Purposes Regulations (MMPR) were published in June 2013 and are now in force. Fora period of time, until April 2014 they will be in force along with the Marihuana Medical Access Program (MMAP). The MMAP will then end on March 31st, 2014 at which time only the MMPRwill be in force.
Under the new regulations Health Canada is no longer issuing "personal use production licenses" or "designated person production licenses". Instead, producers are licenced to possess, sell, provide, ship, deliver, transport, destroy, produce, export and/or import marihuana for medical purposes at centralized commercial indoor production facilities. These facilities can vary in size and scale, and they are required under the new regulations to incorporate a range of security measures including visual monitoring and recording, intrusion detection systems, access restrictions. According to Health Canada, as of December 2012 there were 13,362 individuals in BC who were authorized to possess dried marihuana. This is up from 4,928 individuals 12 months earlier in January 2013. If the upward trend continues, local governments can expect a high degree of interest in commercial marihuana production throughout the province.

The Status of Marihuana Production Facilities

At present, there are 5 licensed production facilities in Canada -2 in Saskatchewan, and 3 in Ontario.

Planningstaffareawareof2 production facilities in the RDCK, both of which are licensed to operate under the existing MMAP. At the time of writing, it is unknown whether these facilities will pursue
licensing under the new MMPR. Since January 2013 the Planning Department has issued 15 letters of concurrence, and responded to numerous telephone inquires from individuals interested in pursuing licencing under the new regulations.

Marihuana Production Facilities Page 2 February 12,2014

! Updates Since the March 8 , 2013 Board Report

I

In a report to the Board, dated March 21 Staff recommended that the following steps be taken with
regard to medical marihuana production in the RDCK:

1. Undertake a review of the policy and land use implications of locating Marihuana Production Facilities (MPFs) on Agricultural lands; and
2. List MPFs as a "permitted use" in Agricultural zones and establish a Development Permit Area under subsection 919.1(l)(c ) "Protection of Farming" of the Local Government Act.

The Board resolved (Resolution #191/13) that the following staff recommendations be referred to the I April, 2013 Board meeting: 1. Await approval of the Marijuana for Medical Purposes Regulations (MMPR). The federal
government is expected to make a decision on the regulations in spring 2013. In the meantime,

maintain the status quo which assumes that Medicinal Marijuana Grow Operations (MMGOs) are regulated by the federal government and individual producers are not required to notify the RDCK of their location or status; and 2. Direct Planning Staff to review the land use and policy implications of locating MMGOs on lands designated Agriculture. It is recommended that Planning Staff undertake a detailed spatial
analysis of the lands within this zone to determine their location and extent, as well as any

potential land use implications that may result from changes to existing policy and zoning. Planning Staff will compile their findings in a report to the Board. Prior to the March 21 report, the Agricultural Land Commission (ALC) provided verbal confirmation that
MPFs are a recognized "farm use". In October 2013 (updated in January 2014) the Commission confirmed its stance in an information bulletin to local governments that clarified that licensed MPFs are consistent with the definition of "farm use" under the ALCAct and are therefore permitted in the ALR

(Attachment A). As such, and in accordance with RDCK Board Resolution #287/13 (adopted in May 2013) marihuana production facilities are permitted in all of the Agriculture zones in Bylaw 1675 and in the Agriculture
zones in the Comprehensive Land Use Bylaws for Areas A, B, and C. They are also, by default permitted throughout the un-zoned areas 'E' and 'H'. To date, they have not been addressed under the Area 'D' Ainsworth Rural Land Use Bylaw 1189 because there are no suitably zoned Agriculture properties. As of November 2013, MPFs also became a permitted use in Area 'G' when the Board passed Amending Bylaw 2368 to amend Electoral Area G Rural Land Use Bylaw No. 1335 to include 'farm use' as defined

by the ALC regulations to the list of permitted uses in the Agriculture (AG) zone.
i

In a report to the Board, dated April 30 , 2013 Staff provided an analysis of Agricultural, Industrial, and
Commercial zones that are subject to RDCK Zoning Bylaw 1675 and Area G Rural Land Use Bylaw, and that could be deemed appropriate for permitting licensed marihuana production facilities. The report

concluded that the RDCK would need to conduct a more thorough spatial analysis of the supply of
Industrial and Commercial zoned lands before proceeding with regulations for MPFs in these zones. Furthermore, it provided the following assessment of Industrial and Commercial zoned land in the W:\Departments\Plandept\PROJECTS - 5050\4800-20-MMG Medical Marihuana Grow Operations\Reports\2014-0212-MPF_RAC_Report.docx

Marihuana Production Facilities Page 3 February 12, 2014

Regional District:
"In general, most commercial and industrially designated properties are already in use for such purposes and were developed prior to land use regulations stipulating appropriate parcel sizes. Commercial and

industrial lands are primarily oriented along highway corridors and/or in close proximity to municipal
and/or residential development. If the RDCK was to consider allowing MMGO's on commercial and industrial zoned properties, consideration of location and parcel size with reference to adjacent property uses and the ability to accommodate required setbacks, security measures and waste product disposal

may warrant consideration of Development Permit guidelines to mitigate potential conflict with adjacent
property uses." Next Steps

Staff continue to investigate the policy and land use implications of MPFs on Agriculture lands. Since last March they have sought further clarification from Health Canada on the new MMPR and have continued
to correspond with other jurisdictions and government agencies on how they are proceeding to regulate

MPFs. Staff have also spoken with a marihuana producer in BC who is currently applying for licensing
through Health Canada.

Respecting the issues and potential impacts discussed in the March 21 report, staff have investigated
whether to proceed with regulations, and how best to go about it. An analysis of each of the issues and/or impacts is provided below. Parcel size; Site coverage; Setbacks;

Parking and loading; Size and scale of the production facility;

Accessory uses; Environmental impacts; and *> Landscaping and buffering. Parcel Size Health Canada has confirmed that there is no size requirement for production facilities under the

MMPR, but that all facilities, regardless of their size, must fulfill the requirements of the regulations,
including all security measures. Furthermore, the level of security required increases in proportion to the amount of marihuana produced and stored on a site. Under the RDCK's current land use regulations the minimum parcel sizes in Agriculture zones for properties within the ALR range from 2 to 60 hectares. For agricultural properties that are not in the ALR, the parcels are all 2 hectares. The standard requirement for site coverage is 35%. I Table 1 outlines the parcel sizes and site coverage requirements for properties in the Agriculture zones,

as specified in the applicable zoning bylaws. It also projects the maximum building footprint and the
setback potential, if a building were constructed to the maximum 35% site coverage. Table 1 - Potential Setbacks Given Current Requirements for Minimum Parcel Size and Site Coverage W:\Departments\PIandept\PROJECTS - 5050\4800-20-MMG Medical Marihuana Grow Operations\Reports\2014-0212-MPF_RAC_Report.docx

Marihuana Production Facilities February 12, 2014

Page 4

Area

Bylaw

Zone

Parcel Size

Site
Coverage

Maximum Building Footprint (square feet)

Maximum

Setback Potential (metres) 35 43 58 158 43 58 158 n/a 43 58 58 158

29m 29m

A B

2315 2316

AG AG1 AG2 AG3

3 ha 4 ha 8 ha 60 ha 4 ha 8 ha 60 ha 8 ha 4 ha 8 ha 8 ha 60 ha 2 ha 2 ha

35% 35% 35% 35% 35% 35% 35% n/a 35% 35% 35% 35% 35% 35%

113,021 150,694 301,389 2,260,421 150,694 301,389 2,260,421 n/a 150,694 301,389 301,389 2,260,421 75,347 75,347

2317

AG1 AG2 AG3

G
F, 1, J, K

1335 1675

AG AG1 AG2 AG2A AG3 AG4 AG4K

Based on the data in Tables 1, properties ^ 3 ha could accommodate a MPF while allowing for setbacks of up to 35 m (the maximum setback that would be possible on a 3 ha parcel). Many of the properties in the AG4 and AG4K zones, as well as parcels outside the ALR could not accommodate a facility due to the
2 ha minimum parcel sizes in these zones. Parcels 2 hectares or less would not be able to accommodate sufficient setbacks from property lines.

Setbacks The District of Maple Ridge has recently passed regulations for MPFs on agricultural lands (in the ALR
only). The required setbacks are 60m from the front and exterior side lot lines, and 30m from the rear and interior lot lines. These setback requirements are consistent with their requirements for pig farms. In a report to the Planning and Development Committee, dated Nov 21, 2013, Sunshine Coast Regional

District staff recommended 60m setbacks from all property lines as a way to mitigate potential conflicts
with neighbours. They also recommended that MPFs be permitted on parcels >8 ha. A review of RDCK Zoning Bylaw 1675 indicates that setback requirements for a variety of 'intensive' uses on agricultural land such as portable sawmills, kennels, small-scale wood product manufacturing, and small food processing facilities range from 7.5m to 30m. In developing an appropriate and reasonable setback requirement for MPFs in the RDCK, staff have considered the issue of potential conflicts with neighbours. They have also considered existing regulations for other 'intensive' uses in the Regional District, all of which have setback requirement that within the 7.5 m to 30 m range. Based on their analysis Staff believe that a 30m setback requirements W:\Departments\Plandept\PROJECTS - 5050\4800-20-MMG Medical Marihuana Grow Operations\Reports\2014-0212-MPF_RAC_Report.docx

Marihuana Production Facilities Page 5 February 12, 2014

from all property lines would achieve objectives for land use compatibility, as well as environmental protection and enhancement of natural features such as watercourses and ravine banks.

Distances Between Different Land Uses Several jurisdictions, including the District of Maple Ridge and the City of Ottawa regulate the location of
MPFs in proximity to adjacent land use zones such as residential and institutional zones where the potential for conflict between the different types of use exists. In the RDCK, land use in industrial zones must be set back 25 m from adjacent residential and agricultural properties. Similarly, small scale food production facilities must be set back a minimum of 30 m from adjacent businesses or residences.

Staff believe that adopting 30m setback requirements from all property lines will adequately mitigate the impacts of MPFs on adjacent properties/ including properties that are zoned for different types of
use.

Parking and Loading A marihuana producer in Maple Ridge who is currently applying for licensing under the MMPR expects that his facility will operate 7 days a week, and that he will be have between 25 and 30 employees
working on site, the majority of whom will work between the hours of 7 a.m. and 8 p.m. In accordance

with the MMPR, marihuana is shipped from the site via Canada Post. Production facilities do not have a
retail component, and clients do not visit facilities for any reason.

Consistent with the regulations for uses in an industrial zone (Bylaw 1675, sections 612 and 613), Staff
recommend that parking for MPFs be calculated as follows: 1.5 parking spaces per 100m2 of Gross Floor Area.

1 loading space per 1200m of Gross Floor Area and 1 additional space per each additional
2000m2 of Gross Floor Area.

Size and Scale of the Production Facility Health Canada has confirmed that there is no size requirement for production facilities, but that the size of a production facility is determined, in part by the amount of marihuana that the producer grows (and
stores). The more marihuana grown on site, the larger the building size.

By regulating parcel size (>3 ha), site coverage (35%), and setbacks from property lines (30m), the RDCK
should have the tools it needs to effectively manage the size of a production facility. The RDCK regulates building height in a number of residential, commercial, and industrial zones, and

therefore may wish to regulate building height for MPFs as a way to ensure that buildings are
constructed at a scale that is consistent with the character and form of rural agricultural properties.

Staff recommend a maximum building height of 12 m (~40 ft) for principle buildings, and 6 m (~20 ft) for
accessory buildings.

Accessory Buildings and Uses W:\Departments\Plandept\PROJECTS - 5050\4800-20-MMG Medical Marihuana Grow Operations\Reports\2014-0212-MPF_RAC_Report.docx

IVIarihuana Production Facilities Page 6 February 12, 2014

The MMPR do not prohibit other uses from occurring on the same site as a MPF. Health Canada has confirmed that multi-use sites are permitted provided that security requirements for facilities are met. It is important to note that under the MMPR, licensed producers must not conduct any activity from a dwelling place. On ALR properties, it is possible that a producer could develop an MPF that is spread among several

buildings, as the Agricultural Land Commission Act does not restrict the number of buildings that can be
used for a designated 'farm use'. Provided that the applicant is able to satisfy the minimum parcel size, site coverage, and setback requirements, then multiple developments on a site would be permitted. At present there is no restriction on the gross floor area for accessory buildings in Agriculture zones. However, in several residential zones throughout the region gross floor area is restricted to 100m , and the cumulative gross floor area of all accessory buildings and structures cannot exceed the total gross floor area of the principle use. Staff recommend a maximum gross floor area of 100 m2 for accessory buildings on Agricultural land for non-farm uses. In an Information Bulletin, dated January 2014, the ALC confirmed that medical marihuana production is a 'farm 'use', but that not all activities associated with its production would necessarily qualify as 'farm uses'. Uses considered accessory to marihuana production include small business offices, testing labs, processing and drying areas, and packaging and shipping areas. If a land use activity is proposed that is not specifically related to the growing of medical marihuana, such as a stand-alone research and development facility, an application to the ALC for non-farm use is required. Outdoor Storage

Sections 14 and 15 of the MMPR specify the requirements for indoor production, packaging, labeling,
and storage of marihuana. Health Canada has confirmed that licensed producers are permitted to compost organic material outdoors. This includes waste cannabis. It is expected that the regulations concerning indoor activities, in combination with the site security requirements under the MMPR will prevent MPFs having outdoor storage. However, in accordance with the definition for 'storage' in Zoning Bylaw 1675, if a facility has outdoor storage, the area used for storage will be included in the total site coverage calculation. Environmental Impacts 1. Visual and Sound Intrusions As per Part 1, division 3, sections 41-51 of the MMPR, a licensed producer must comply with a range of I security measures to prevent unauthorized access to a MPF site including:
I

Visual monitoring of the site perimeter; Installed intrusion detection system; and Monitoring of the system by personnel.

Discussions with Health Canada and the licensed producer in Maple Ridge suggest that these security
requirements will not create additional sound or visual intrusion. Akin to greenhouses, MPFs should be quiet and un-intrusive, so as not to draw attention to themselves. W:\Departments\Plandept\PROJECTS - 5050\4800-20-MMG Medical Marihuana Grow Operations\Reports\2014-0212-MPF_RAC_Report.docx

Marihuana Production Facilities Page 7 February 12, 2014

As per the MMPR, visual monitoring is restricted to the site perimeter. It should not include any monitoring of surrounding properties or public areas.

Production facilities have exterior lighting. The facility in Maple Ridge has exterior lighting that is on
during the day, between the hours of 7 a.m. and 8 p.m., 7-days a week. At the advice of a security

consultant, the facility is not lit during the night. In a rural area where development is limited and there is little or no exterior lighting on buildings, a marihuana facility with exterior lighting could contribute to light pollution. Staff recommend that lighting for facilities (buildings and structures), as well as areas accessory to the facility such as parking
and loading areas be regulated as a way to minimize the visual impact of MPFs on surrounding properties. Regulations may include restrictions on the number and location of lighting fixtures, as well

as the fixture style to ensure that light is downcast from the building to the ground. 2. Air Quality (Odour)
Marihuana Production Facilities may result in some odours and air quality issues. The following federal and provincial regulations address the issue of odours that may result from the production and disposal ofcannabis (through incineration and composting).

Division 1, section 20 (1) of the MMPR specifies that cannabis must be destroyed using methods
that conform to all federal, provincial, and municipal environmental legislation, and one that does not result in any person being exposed to cannabis smoke. More about incineration. Division 3, section 50 of the MMPR specifies that areas where Cannabis is present must be equipped with a system that filters air to prevent the escape of odours and, if present, pollen. As per the Code of Agricultural Practice for Waste Management, under the Agricultural Waste

Control Regulation (1992), wasted cannabis is an agricultural waste product that may be
composted on a property. Under part 6, section 19 of the Code, odours from agricultural operations are not prohibited, provided that all operations and activities are carried out in accordance with the Code. The assumption being that odours are an inherent part of agriculture, and cannot /should not be eliminated.

1 3. Waste Disposal Division 4, section 53 (1) of the MMPR states that "the microbial and chemical contaminants of dried marihuana must be within generally accepted tolerance limits for herbal medicines for human
consumption, as established in any publication referred to in Schedule B to the 'Food and Drugs Act'."

1 The regulations pertaining to pest control as outlined in section 54 (1) of the MMPR confirm that pest
] control products may be used to treat medical marihuana.
i

From the regulations it can be inferred that a relatively small amount of hazardous chemicals may also be used in MPFs, although Health Canada has confirmed that due to the 'medical' nature of the marihuana being produced, use of chemicals would be limited. In accordance with the RDCK Resource Recovery Bylaw 2174, items such as biomedical waste, hazardous W:\Departments\Plandept\PROJECTS - 5050\4800-20-MMG Medical Marihuana Grow Operations\Reports\2014-0212-MPF_RAC_Report.docx

Marihuana Production Facilities Page 8 February 12,2014

or reactive chemicals, hazardous waste, pesticide products, and pharmaceutical products are prohibited for disposal at regional resource recovery facilities for environmental and health and safety reasons. As such, management of the waste produced at a MPF would fall under provincial regulations. It will be the

responsibility of the licensed producer to comply with all applicable provincial and federal regulations
pertaining to management of hazardous waste. Typically, vegetation waste that is produced on an agricultural site may be composted and used as a crop condition on the same site, or another agricultural site. Composting of vegetation waste produced by a MPF must be done in accordance with the Code of Agricultural Practice for Waste Management and

the Agricultural Waste Control Regulation (1992). At this time, the RDCK does not have a municipal
compost program.

Flood and Hazard A MPF would be subject to the regulations contained in the Floodplain Management Bylaw 2080. Furthermore, all new construction would require a building permit in compliance with the BC Building Code and the RDCK Building Bylaw 2200. Landscaping
MPFs are a unique example of industrialized agriculture and they present some particular challenges for

land use planning including issues related to architectural form and character (exterior building design
and finish), landscaping, siting, and lighting. In agriculture zones, landscaping is addressed under the general regulations in Zoning Bylaw 1675 and CLUBs 2315, 2316, and 2317. In accordance with sections 919.1 and 920 of the 'Local Government Act', the RDCK has the option to further regulate landscaping, and form and character through the designation of develop permit areas. Given the specific requirements for MPFs regarding landscaping, form and character, and siting, Staff recommend that the a development permit area be developed in accordance with Section 919.1 (c ) and (f) of the 'Local Government Act'. Conclusions In combination parcel size, site coverage (footprint) and setbacks are effective tools to help mitigate any potential adverse impacts of MPFs on adjacent and/or nearby properties. Furthermore, application of a development permit area for MPFs to regulate specific aspects such as form and character (including

lighting), and landscaping will help to ensure that MPFs are a positive addition to the regional district.
A summary of the proposed regulations is provided in Table 3.

TABLE 3 - Summary of Proposed Regulations for Marihuana Production Facilities W:\Departments\Plandept\PROJECTS - 5050\4800-20-MMG Medical Marihuana Grow Operations\Reports\2014-0212-MPF_RAC_Report.docx

Marihuana Production Facilities

Page 9

February 12, 2014

Issue

Proposed Regulation >3 hectares (7.4 acres) 30 metres from all property lines Maximum 35% 30 metres (included in the setback)

Parcel Size Setbacks Site Coverage Distance from Adjacent

Uses or Zones

Parking and Loading

1.5 parking spaces per 100m of Gross Floor Area.

1 loading space per 1200m2 of Gross Floor Area and 1 additional space per each additional 2000m of Gross Floor Area.

Building Size and Scale

12 metres (principle building) 6 metres (accessory buildings)

Storage
Accessory Uses

Indoor or calculated as part of total site coverage

Maximum gross floor area of 100 m2 Visual and Sound - defer to the MMPR for visual monitoring and sound. Regulate exterior lighting through a Development Permit Area.
Waste Disposal - provincial regulations for management of hazardous waste;

Environmental Impacts

RDCK Resource Recovery Bylaw 2174. Air Quality - defer to the MMPRand provincial regulations. Flood and Hazard - Floodplain Management Bylaw 2080; BC Building Code and RDCK Building Bylaw 2200. Landscaping & Lighting
Development permit area

;i^ii%ilti^gBaH?ftMWiii
a. Financial Considerations - Cost and Resource Allocations: A MPF is classified as a 'farm use', and is taxed as such in accordance with BC Assessment. As a farm use, MPFs will qualify for a series of tax exemptions, which will result in less tax revenue for the RDCK.

b. Legislative Considerations (Applicable Policies and/or Bylaws):

If the Board concurs with staff recommendations, amendments will be proposed for Zoning Bylaws

2315, 2316, 2317, and 1675, as well as RLUB 1335 to include a definition of MPFs. The Agriculture zones
will be amended to include regulations for parcel size, setbacks, site coverage, building size and scale,

and accessory buildings and uses. Parking and loading regulations will also be added to the applicable
sections of each zoning bylaw. A Development Permit Area for MPFs will be drafted and referenced in each of the agriculture zones. W:\Departments\Plandept\PROJECTS - 5050\4800-20-MMG Medical Marihuana Grow Operations\Reports\2014-0212-MPF_RAC_Report.docx

IVIarihuana Production Facilities Page 10 February 12, 2014

c. Environmental Considerations: Environmental considerations for MPFs are discussed in detail above. With regard to hazardous waste, upon receipt of an application, RDCK Environmental Services staff will work with the applicant to determine an appropriate process to address waste management issues in accordance with provincial and federal regulations. d. Social Considerations:

A priority objective for developing regulations for MPFs is to proactively address public concerns in
relation to potential impacts such as visual and noise intrusions and odours. Staff believe that developing regulations will address pervasive concerns, which will result in the public being more

supportive (and less worried) about production facilities in their neighbourhoods and communities.
e. Economic Considerations:

It is uncertain at this time how the new MMPR will affect marihuana growing in this Regional District.
Historically, the marihuana industry had significant influence on the local economy, contributing income to many area households. Under the new regulations, the small-scale grow operations that are characteristic of the Kootenays will likely be replaced over time with larger commercial facilities. f. Communication Considerations: Under the MMPR, applicants are required to contact the local government at the time of application. They are also required to contact the local government if they amend their applications. If the RDCK moves forward with the proposed regulations, an amending bylaw and development permit

area will be drafted for review and comment by the public at a public hearing.

SECTION 4: OPTIONS & PROS / CONS

1. That the RDCK establish a definition for 'Marihuana Production Facility' in Zoning Bylaws 2315, 2316,
2317, and 1675, as well as RLUB 1335. That the Agriculture zones be amended to include regulations for parcel size, setbacks, site coverage, building size and scale, and accessory buildings and uses; and

that parking and loading regulations be added to the applicable sections of each zoning bylaw.
That a Development Permit Area for MPFs be established in accordance with Local Government Act

section 919.1 (c) and (f), and section 920 to specifically regulate the unique aspects of MPFs including landscaping, and form and character (including lighting). Staff believe that creating a development permit area to further regulate MPFs (in addition to the regulations to be included in the individual Agriculture zones) will ensure a high standard of
development and completion of permit requirements.

i 2. That the RDCK establish a definition for 'Marihuana Production Facility' in Zoning Bylaws 2315, 2316,
2317, and 1675, as well as RLUB 1335. That the Agriculture zones be amended to include regulations for parcel size, setbacks, site coverage, building size and scale, and accessory buildings and uses; and

that parking and loading regulations be added to the applicable sections of each zoning bylaw.
Instead of establishing a development permit area to regulate MPFs, specific regulations for W:\Departments\Plandept\PROJECTS - 5050\4800-20-MMG Medical Marihuana Grow Operations\Reports\2014-0212-MPF_RAC_Report.docx

Marihuana Production Facilities Page 11 February 12, 2014

landscaping, and form and character (including lighting)would be addressed through the zoning regulations in each of the individual Agriculture zones. In considering this option, committee members should know that developing regulations for MPFs in the individual zones will remove the opportunity for staff to require a higher standard of development for individual MPFs (regulations are not tied to a development permit), which in turn could increase the likelihood of issues and ensuing conflicts with adjacent neighbours and the
community.

,SE^ON^!NetfiliiBffl?(l9N^t'-.^?i ! ' . ' ^

1. That the RDCK establish a definition for 'Marihuana Production Facility' in Zoning Bylaws 2315, 2316, 2317, and 1675, as well as RLUB 1335. That the Agriculture zones be amended to include regulations for parcel size, setbacks, site coverage, building size and scale, and accessory uses; and that parking and loading regulations be added to the applicable sections of each zoning bylaw. 2. That a Development Permit Area for MPFs be established in accordance with Local Government Act section 919.1 (c) and (f), and section 920 to specifically regulate the unique aspects of MPFs including landscaping, form and character (including lighting), and siting.

Respectfully submitted,
sienature: 1, , -/ ],i '!{ te,. ^<-.<- t .&.-J

Name: Megan Squire's, Planner

|^^V^((^g;^^&^:.%^..-^, "^ ^^;^:^ 3 : ''. ........ J.tialst; Planning Manager General Manager of Development Services Chief Administration Officer -i'iyll <

ATTACHMENTS:
Attachment A - ALC Information Bulletins - Medical Marihuana Production in the Agricultural Land Reserve (October 2013, updated January 2014) Attachment B - Marihuana for Medical Purposes Regulations (SOR/2013-119) Excerpts Attachment C - Agricultural Waste Control Regulation, Code of Agricultural Practice for Waste Management (1992) Excerpts

W:\Departments\Plandept\PROJECTS - 5050\4800-20-MMG Medical Marihuana Grow Operations\Reports\2014-0212-MPF_RAC_Report.docx

Attachment A

MARIHUANA PRODUCTION IN THE AGRICULTURAL LAND RESERVE

Updated January 2014

Health Canada's Marihuana for Medical Purposes Regulation (MMPR) htt@://www.laws^ lpis.iustice.gc.ca/eng/regulations/SOR-2013-119/ has changed the parameters for the production of medical marihuana in Canada. The current system of personal use licenses and designated person licenses will be phased out by April 1, 2014. In its place, new Federal licenses are geared to larger scale production/distribution facilities. For further information about the changes see the following website
http://wwwj]C-sc,flc.ca/dhp-mps/marihuana/index-eng.hEi.

Various local governments in British Columbia are looking at their zoning bylaws to determine where these larger scale commercial production facilities should be directed. A number of local governments are considering industrial, commercial and agricultural zones, within purpose built structures and with siting regulations from property lines and residential uses. Others are looking to restrict this land use or direct to particular areas of their community. The Agricultural Land Commission Act and regulations determine land use in the Agricultural Land Reserve (ALR). Due to the number of inquiries from local governments and Medical Marihuana production proponents, the ALC provides the following for clarification purposes with regard to Medical Marihuana production in the ALR. Section 1 of the Agricultural Land Commission Act defines "farm use" as: An occupation or use of land for farm purposes, including farming of land, plants and animals and any other similar activity designated as farm use by regulation, and includes a farm operation as defined in the Farm Practices Protection (Right to Farm) Act. Based on the above definition, if a land owner is lawfully sanctioned to produce marihuana for medical purposes, the farming of said plant in the Agricultural Land Reserve (ALR) is allowed and would be interpreted by the Agricultural Land Commission as being consistent with the definition of "farm use" under the ALC Act. Notwithstanding the farming of land for the production of medical marihuana, not all activities associated with its production would necessarily be given the same "farm use" consideration. Accessory uses associated with the farm use include a small business office, testing lab, processing and drying, packaging shipping areas, cloning room and anything else directly related to the growing and processing of the plant. Determining an accessory use is contingent on the use being necessary and commensurate with the primary function of the property/building to produce an agricultural product. If a land use activity is proposed that is not specifically related to the growing of an agricultural product including a stand-alone research and development facility, an application to the ALC for non-farm use would be required. Municipalities are responsible for governing the use of land within the respective municipality's jurisdiction. Zoning bylaws enacted by municipalities may set out restrictions on land use, including but not limited to the use of land for medical marihuana production. Where such restrictions may apply to land within the ALR, such restrictions with respect to the particular land use of lawfully sanctioned medical marihuana production would not in and of themselves be considered as inconsistent with VneALCAct. Proponents of medical marihuana production facilities should contact their local government to determine the applicability of zoning bylaws, approval processes and to determine building permit requirements that may apply.

lAttachment B

SOR/2013-119 January 14, 2014

applicable, the alternate responsible person in charge is physically present at the producer's site.
Safekeepiug during
transportation

responsable ou. Ie cas echeant, la persoime

responsable suppleante, ne soit physiquement presente a son installation.

18. A licensed producer must, when

18. Lorsque Ie producteur antorise transporte de la marihuana importee entre

Ie point d'entree au Canada et son installation ou lorsqu'il expedie, livre ou trans-

Securite duraiit Je transport

transporting imported marihuana between the port of entry mto Canada and the producer's site, or when shipping, delivering or transporting any marihuana, including to a port of exit from Canada, take any steps that are necessary to ensure its safekeeping
dui-rng transportation.

porte de la marihuana, notammentjusqu'au point de sortie du Canada, il prend les mesures necessau-es pour en assurer la securi-

te durant Ie transport. 19. En cas de perte ou de disparition inhabituelles de chanvre indien ne pouvant s'expliquer dans Ie cadre de pratiques normales et acceptables d'operation ou en cas de vol de chanvre indien, Ie producteur auRapport de perte
ou de vol

Report of loss or

theft

19. If a licensed producer experiences a theft of cannabis or an unusual waste or disappearance of cannabis that cannot be explained on the basis of normally accepted business activities, the licensed producer must

torise satisfait aux exigences suivantes : a) il en fait rapport a un membre d'un corps policier dans les vingt-quatre heures suivant la decouverte du fait; b) il presente un rapport ecrit au ministre dans les dix jours suivant la decouverte du fait. 20. (1) Le producteur autorise ne peut Dcstniction

(a) report the occurrence to a member of a police force within 24 hours after becoming aware of it; and (6) provide a written report to the Minister within 10 days after becoming
aware of the occurrence.
Destruction

20. (1) A licensed producer may destray cannabis only if they do so (a) in accordance with a method that (i) conforms with all federal, provincial and municipal environmental leg-

deti'uire Ie chanvre indien que si les conditions ci-apres sont remplies :

a) il suit une methode qui, a la fois : (i) est conforme a la legislation federale, provinciale et municipale sur la protection de 1'environnement applicable au lieu de la destruction, (ii) fait en sorte qu'aucune personne
ne soit exposee a la fumee du chanvre

islation applicable to the location at

wliicli it is to be destroyed, and (ii) does not result iu any person being exposed to cannabis smoke; and (b) in the presence of at least two persons who are qualified to witness the destmction, one of whom must be a person

indien; b) il Ie fait en presence d'au mains deux personnes qui sont habilitees a servir de
temoins de la destruction, 1'une d'entre

referred to in paragraph (2)(a).

elles etant visee a 1'alinea (2)a).

12

DORS/2013-119 14janvier 2014

graphs 38(l)(a) to (c) in the area in which

the site specified in the licence is located and provide a copy of the notice to the
Minister.
Content of notice

sonnes visees aux alineas 38(l)a) a c) de la region ou se situe 1'installation visee par la licence et fournit copie de cet avis au ministre. (2) L'avis contient les renseignements Contenude suivants :
P avis

(2) The notice must contain the following information: (a) the name of the licensed producer and the address of their site; and (V) a description of the applicable matter referred to in subsection (1) and its effective date and, in the case of an amendment to the licence, details of the
amendment.

a) Ie nom du producteur autorise et 1'adresse de son installation; b) la description de 1'evenement en cause et sa date de prise d'effet et, s'il s'agit d'une modification de la licence,
les precisions eu egard aux changeinents apportes. (3) Le destinataire de 1'avis est un cadre cadre superieur

Senior official (3) The notice fflUSt be addressed to a

senior official of the local authority to

whom it is sent. DIVISION 3 SECURITY MEASURES General
Compliance with security
measures

superieur de 1'autorite locale en cause.

SECTION 3
MESURES DE SECURITE Generalites 41. Le producteur autorise veille au respect des mesures de securite prevues a la presente section.
Respect des mesures de secunte

41. A licensed producer must ensure that the security measures set out in this Division are carried out.

Unauthorized
access

42. The licensed producer's site must be designed in a manner that prevents unauthorized access. Perimeter of Site

42. L'installation du producteur autorise

doit etre con9ue de fayon a prevenu- tout acces non autorise. Perimetf'e de I'installation

Acces non autorise

Visual
monitoring

43. (1) The perimeter of the licensed

producer's site must be visually monitored at all times by visual recording devices to detect any attempted or actual unauthorized access.

43. (1) Le perimetre de 1'installation du producteur autorise doit faire 1'objet, en

tout temps, d'une surveillance visuelle a

Surveillance visuelle

1'aide d'appareils d'enregistrement visuel, de fa9on a detecter tout acces ou tentative

d'acces non autorise.

Visual recording
devices

(2) The devices must, in the conditions under which they are used, be capable of recording m a visible manner any attempted or actual unauthorized access.

(2) Ces appareils doivent etre adaptes

aux conditions de leur enviromiement afin d'enregistrer visiblement tout acces ou tentative d'acces non autorise.

Appareils
cTenregistremenf visuel

33

SOR/2013-119January 14, 2014

Intmsion

detection system

44. The perimeter of the licensed producer's site must be secured by an intrusion detection system that operates at all times and that allows for the detection of any attempted or actual unauthorized access to or movement in the site or tampering with the system.

44. Le perimetre de 1'installation du producteur autorise doit etre securise au

moyen d'un systeme de detection des intru-

Systems de detection des mtrusions

sions qui est fonctionnel en tout temps et

permet la detection de tout acces non autorise a 1'installation ou mouvement non au-

torise a 1'interieur de celle-ci ou toute alteration du systeme, ou toute tentative a ces egards.

Momtormg by
personnel

45. (1) The system must be monitored at all tunes by personnel who must determine the appropriate steps to be taken in response to the detection of any occurrence referred to in section 43 or 44.

45. (1) Le systeme doit etre surveille en tout temps par du personnel qui doit determiner les mesures qui s'imposent en cas de detection d'un evenement vise aux ar-

Surveillance par Ie personnel

tides 43 ou 44. (2) Le cas echeant, Ie personnel doit

consigner les renseignements suivants :
Constat des evenements detectes

Record of detected matters

(2) If any such occurrence is detected, the personnel must make a record of (a) the date and time of the occurrence; and (6) the measures taken in response to it and the date and time when they were
taken.

d) la date et 1'heure auxquelles 1'evenement a ete detecte; b) la description des mesures prises en
reponse a ce dernier, amsi que la date et 1'heure auxquelles elles 1'ont etc.

Areas Within a Site where Cannabis is

Present
Restricted
access

Zones de 1'installation oil du chanvre

indien est present

46. (1) Access to areas within a site where cannabis is present (referred to in sections 46 to 50 as "those areas") must be restricted to persons whose presence in those areas is required by their work responsibilities.

46. (1) L'acces aux zones de 1'installation ou du chaiivre indien est present (appelees zones aux ai-ticles 46 a 50) doit etre limite aux seules personnes dont les
fonctions y requierent la presence.

Acces restreint

Responsible (2) The responsible person in charge or,

person in charge .^ ' '^. ^^ ^

(2) La personne responsable ou, Ie cas

echeant, la personne responsable sup-

Presence de la personue respousable

present ~ it applicable, the alternate responsible per-

son in charge must be physically present

while other persons are in those areas.

pleante, doit etre presente physiquement

dans les zones lorsque d'autres personnes s'y trouvent.

Record (3) A record must be made ofthe identity of every person entering or exiting those
areas.

(3) II est tenu un registre de 1'identite

des personnes entrant dans les zones ou en sortant.

Registrc

34

DORS/2013-119 14janvier 2014

physical bmiers 47. Those areas must mclude physical

47. Les zones doivent comporter des

Barrieres

barriers that prevent unauthorized access.

barrieres physiques qui empechent tout acces non autorise.

physiques

Visual
mofutoring

48. (1) Those areas must be visually monitored at all times by visual recording devices to detect illicit conduct.

48. (1) Les zones doivent faire 1'objet

d'une surveillance visuelle en tout temps, a 1'aide d'appareils d'em'egistrement visuel,

Siu-veillaiice visuelie

de fa^on a detecter toute conduite illicite.

Visual recording
devices

(2) The devices must, in the conditions under which they are used, be capable of recording iu a visible manner illicit conduct.

(2) Ces appareils doivent etre adaptes

aux conditions de leur environnement afiin

Appareils
d'euregistrement visuel

d'enregistrer visiblement toute conduite illicite.

49. Les zones doivent eti'e securisees au
Systeme de detection des mtrasions

Introston detection system

49. Those areas must be secured by an intrusion detection system that operates at all times and that allows for the detection of any attempted or actual unauthorized access to or movement in those areas or tam-

moyen d'un systeme de detection des intmsions qui est fonctionnel en tout temps et
permet la detection de tout acces non autorise aux zones ou mouvement non autorise

pering with the system.

a 1'interieur de celles-ci ou toute alteration

du systeme, ou toute tentative a ces egards.

Filtration of air

50. Those areas must be equipped with a system that filters air to prevent the escape of odours and, if present, pollen.

50. Les zones doivent etre equipees

Filtratioii de Fau-

d'un systeme de filtration de 1'air qui empeche les odeurs et. Ie cas echeaiit, Ie pollen, de s'echapper.

Monitoring by
persoimel

51. (1) The intrusion detection system must be monitored at all times by personnel who must determine the appropriate steps to be taken in response to the deteetion of any occurrence referred to in sec-

51. (1) Le systeme de detection des intrusions doit etre surveille en tout temps par du personnel qui doit determine!- les
mesures qui s'imposent en cas de detection d'un evenement vise aux articles 48 ou 49.

Suiveillance par Ie personnel

tion 48 or 49.
Record of detected matters

(2) If any such occurrence is detected, the personnel must make a record of (a) the date and time of the occurrence; and (b) the measures taken in response to it and the date and time when they were
taken.

(2) Le cas echeant, Ie personnel doit

consigner les renseignements suivants : a) la date et 1'heure auxquelles 1'evenement a ete detecte;

Coustat des evenements detectes

b) la description des mesures prises en

reponse a la detection de ce dernier, ain-

si que la date et 1'heure auxquelles elles

1'ont ete.

35

SOR/2013-119 January 14, 2014

DIVISION 4 GOOD PRODUCTION PRACTICES

Prohibition sate or provision

SECTION 4
BONNES PRATIQUES DE PRODUCTION

52. (1) A licensed producer must not sell or provide dried marihuana under subsection 12(4) unless the requirements of this Division have been met.

52. (1) Le producteur autorise ne peut

vendre ou fournir de la marihuana sechee

Interdiction vente ou fourniture

en vertu du paragraphe 12(4) que si les exigences prevues a la presente section sent respectees.

Prohibition export

(2) A licensed producer must not export dried marihuana unless the requirements of this Division have been met.

(2) II ne peut exporter de la marihuana sechee que si les exigences prevues a la

presente section sont respectees.

Interdiction exportation

Microbial and chemical

coatammauts

53. (1) The microbial and chemical

contaminants of dried marihuana must be within generally accepted tolerance limits for herbal medicines for human consumption, as established in any publication referred to in Schedule B to the Food and
Drugs Act.

53. (1) La contamination microbienne et chimique de la marihuana sechee se situe dans les limites de tolerance generalement reconnues pour les plantes medicinales destinees a la consommation

Contamination nucrobienne et clumique

humaine, lesquelles sont etablies dans toute publication mentiomiee a 1'aimexe B de la

Lot sur les ailments et drogues.

Analytical
testmg

(2) Analytical testing for those contaminants and for the percentages of delta-9-

(2) Des tests analytiques concernant

cette contamination ainsi que les pourcen-

Tests aiialytiques

tetrahydrocannabinol and cannabidiol referred to in these Regulations must be conducted using validated methods.

tages de delta-9-tetrahydrocannabinol et de cannabidiol vises par Ie present reglement sont effectues suivant des methodes validees.

Pest control

product

54. (1) Marihuana must not be treated before, during or after the drying process with a pest control product that has not been registered under the Pest Control Products Act for use on marihuana for medical purposes.

54. (1) Que ce soit avant, pendant ou

apres Ie processus de sechage, la marihuana ne peut etre ti-aitee au moyen d'un pro-

Praduit
auUparasitaire

duit antiparasitaire que si celui-ci a ete homologue en vertu de la Loi sur les produits antiparasitaires pour utilisation avec la
marihuana a des fins medicales.

Residue

(2) Dried marihuana must not contain any residue of a pest control product in excess of any maximum residue limit specified for the product under section 9 of the Pest Control Products Act.

(2) La marihuana sechee ne peut contenil- de residus d'un produit aiitiparasitaire au-dela de toute limite maximale de residu fixee porn- ce produit en vertu de 1'article 9
de laZoz szir les prodnits antiparasitaires.

Residus

Premises

55. (1) Dried marihuana must be produced, packaged, labelled and stored in premises that are designed, constructed and

55. (1) La marihuana sechee est produite, emballee, etiquetee et stockee dans
des locaux qui sont census, constmits et

Locaux

36

Agricultural Waste Control Regulation | ^f

Environmental Management Act only if, in addition to complying with the Code,that
person registers in accordance with subsection (4) before May 1, 2009. (3) A person, other than one referred to in subsection (2), who carries out an agricultural operation in which a boiler or heater is used is, for the purposes of carrying out that

agricultural operation, exempt from section 6 (2) and (3) of the Environmental Management Act only if, in addition to complying with the Code, that person has registered in accordance with subsection (4) before the boiler or heater is used. (4) To register for the purposes of subsection (2) or (3), the person carrying out the agricultural operation must complete the form and comply with the procedures specified
by a director.

(5) A person registered under subsection (4) must notify a director of any change in the
information provided in the person's registration.
[am. B.C. Regs. 321/2004, s. 1; 377/2008, Sch. s.1.]

Code of Agricultural Practice for Waste Management,

April 1, 1992
[am. B.C. Regs. 321/2004, s. 2; 377/2008, Sch. ss. 2 and 3.] Part 1 Purpose Purpose

1 The purpose of this Code is to describe practices for using, storing and managing agricultural waste that will result in agricultural waste being handled in an environmentally sound
manner.

Part 2 ~ Interpretation

Interpretation

2 (1) In this Code:

"agricultural unit" means a live weight of 455 kg (1 000 Ibs) of livestock, poultry or farmed game or any combination of them that equals 455 kg;
"agricultural waste" includes manure, used mushroom medium and agricultural vegetation waste; "biogas" means a gas derived from the anaerobic decomposition of organic matter;
"biomass" means

(a) agricultural fuel products, including agricultural pellets, manure pellets, corn
kernels, corn stalks and seed hulls, or

(b) wood or wood products, but does not include

lrttp://wvw.bclaws.ca/EPLibraries/bclaws_new/document/ID/fi-eeside/10_131_92[29/01/2014 9:55:32 AM]