Sunshine Coast Regional District (SCRD) directors are closer to updating rules around the production and retail of cannabis in rural areas following a vote at a July 19 infrastructure committee, but the fate of existing businesses is still up in the air.
Directors voted on a number of recommendations including one that, pending board approval, will prohibit the production and retail of commercial, non-medicinal cannabis in rural and residential zones.
At a previous meeting, directors agreed to try to pass amendments to the SCRD’s cannabis bylaw prior to October, with several directors pushing for a precautionary approach. Area A director Frank Mauro repeated that message on July 19, stating, “I see the precautionary principle as something we need to follow and my recommendation is let’s shut the door and open it later.”
Roberts Creek director Mark Lebbell also stressed the importance of keeping the door shut by preventing existing cannabis producers and retailers to attempt to claim legal non-conforming status after the Cannabis Act takes effect, which would effectively allow them to continue to operate. Doing so would require amendments to the SCRD’s bylaw to prohibit production and retail from being established as a lawful use in residential and rural zones before October. To expedite the process, Lebbell raised the idea of forgoing a public hearing as part of the bylaw amendment process.
“I think it’s important to move quickly based on the deadline we have,” Lebbell said. “This is not something I would take lightly,” he said in reference to waiving a public hearing, “but if it means the difference between dealing down the road with the potential legal non-conforming status, then it would be something that this committee could consider.”
Chief administrative officer Janette Loveys said staff intend to bring bylaw recommendations to the board at the first meeting in September, which could include a recommendation to forgo a public hearing.
“We do feel we are moving as fast and as quickly as we can,” she said.
Chair Bruce Milne said that the District of Sechelt is allowing existing retail operators to apply for temporary use permits with decisions made once the October legislation comes into effect. “We didn’t slam it so hard shut that it didn’t disrupt current operations,” he said.
Mauro raised the point that business licences are not required for any businesses in rural areas, making the granting of temporary use permits unworkable. Staff responded that temporary use permits could be used as a strategy, but that retail and production remain illegal until a provincial retail licence is issued following the implementation of the Cannabis Act in October.
The granting of provincial licences would still be subject to support of local government and a public consultation process.
