Regional District ADOPTS Land Use Regulation to implement the Cannabis Act
The Regional District of Central Kootenay (RDCK) has ADOPTED revisions to its Land Use Regulations in Electoral Areas A, B, C, Ainsworth, F, G, I, J and K to enable cannabis cultivation, processing, nurseries and retail sales. Portions of Electoral Areas A, B, D, E, G and H do not have applicable local Land Use Regulation. These areas may still require approvals from the Province where lands are within the Agricultural Land Reserve (ALR).
- Cannabis Retail Sales have been enabled in Commercial Zones throughout the RDCK. There has been no limit placed on the number of retail outlets that will be permitted in the RDCK. Applications will require community notification and support as required by the Province.
- Cannabis Nursery Licenses have been enabled for lands under the Rural Residential (R3), Remote Residential (R4), Agricultural (AG) and Industrial (M) zones of the RDCK. Specific requirements for setbacks and the scale of operations are detailed under each zone.
- Cannabis Micro Cultivation and Micro Processing Licenses have been enabled for lands under the Rural Residential (R3), Remote Residential (R4), Agricultural (AG) and Industrial (M) zones of the RDCK. Specific requirements for setbacks and the scale of operations are detailed under each zone.
- Cannabis Standard Cultivation and Standard Processing Licenses have been enabled for lands under the Agricultural (AG) and Industrial (M) zones of the RDCK. Specific requirements for setbacks and the scale of operations are detailed under each zone.
Detailed provisions can be found under each applicable zone under the RDCK Land Use Bylaws, which can be found here. Planning staff can also assist individuals and companies on how the provisions apply to individual properties if property details are provided.
Liquor and Cannabis Retail Sales Licensing Process NOW AVAILABLE
The Regional District of Central Kootenay (RDCK) has ADOPTED revisions to the RDCK Planning Procedures and Fees Bylaw to include a new process and fee schedule for the purposes of Liquor and Cannabis Retail Sales Licensing to reflect the requirements of the Provincial Liquor and Cannabis Regulations Branch requirements for community notification and RDCK Board consideration. A fee of $500 per license application has been applied to address the costs associated with adjacent property owner notification and newspaper notice as per the feedback compiled in August 2018 through the on-line survey and sub-regional workshops.
More detail on the procedures can be found here: NEW Liquor and Cannabis Retail Sales Procedures [PDF - 48 KB]
Commonly asked Questions:
What is the process for notifcation to Local Government for my Health Canada license application?
If you are making application to Health Canada for a Cannabis Cultivation, Processing or Nursery License, the RDCK will require you to provide the following information:
- The name of the applicant (individual or company name) and proof of ownership
- The expected date on which the the application will be submitted to Health Canada
- The class or sub-class of license or licence(s) being sought and the cannabis related activities that are expected to be carried out under the license; and
- The site address in which cannabis-related activites are expected to be conducted
For an associated fee of $50, applicants can request a 'Comfort Letter' or 'Property Letter' that will outline the applicable zoning, adjacent zoning and building code requirements for the purposes of their licensing and will copy such letters to the Elected Official, Regional Fire Department and Law Enforcement as proof of notification to these authorities.
What is the process for notifcation to Local Government for my Cannabis Retail license application?
If you are making application to the Provincial Liquor and Cannabis Regulations Branch for a Cannabis Retail License, your application should be submitted directly to the LCRB. The Regional District will be notified following reciept of your application and will follow the Procedures and Process as adopted by the RDCK Board. There is an associated fee of $500 to cover the anticipated costs for community notification as part of the Provincial requirements for such applications. More detailed information is available below under the heading Liquor and Cannabis Retail Sales Licensing Process.
Cannabis Regulations Engagement Report
The Regional District of Central Kootenay (RDCK) hosted a series of six sub-regional workshops to build a common understanding of the cannabis industry in the RDCK. The workshops were held in conjunction with on-line engagement through a survey throughout the month of August 2018. Over 300 participants were engaged either on-line or in person. Workshops were held in Nelson, Meadow Creek, Castlegar, Nakusp, Creston and Winlaw. The purpose of this engagement was to invite members of the cannabis industry, interested community members and other stakeholders to discuss the role of local government in the transition and legalization of cannabis within the RDCK. A copy of the workshop presentation and engagement report is now available.
Currently within the Regional District of Central Kootenay, Production Licenses (LPs) were enabled under the former Marihuana for Medical Purposes Regulations (MMPR) on lands zoned 'Agriculture' in 2014, in parallel with the Provincial governments decision that cannabis production was considered a ‘Farm Use’ by the Ministry of Agriculture and was deemed a land use that could not be ‘prohibited’ on lands designated for such purposes. Research and Development facilities were enabled on lands zoned 'Industrial'.
WHO IS RESPONSIBLE FOR APPROVING CANNABIS FACILITIES?
Health Canada is the approval authority for Cannabis Cultivation, Nurseries and Processing licenses under the Access to Cannabis for Medical Purposes Regulations (ACMPR) and proposed Bill C-45 (the Cannabis Act). More information on requirements can be found here.
In the Province of BC, the Liquor and Cannabis Regulations Branch will be responsible for issuance of licenses for Cannabis Retail facilities. A Guideline for Applicants can be found here.
The RDCK is not an approval authority for Cannabis facilities. There is no requirement for applicants pursuing a license for cultivation, nurseries or processing to notify area residents of their intent to establish a facility. Applicants are required only to provide notification to local governments, local fire departments and law enforcement of their intent to pursue licensing. Notification is not considered confirmation that an application has been submitted or authorized. Building permits are required for any newly constructed facility. The issuance of building permits cannot legally require public process.
PROVINCIAL AND FEDERAL RESOURCES
Questions or concerns regarding proposed or existing licensed production facilities can be directed to Health Canada at:
Office of Controlled Substances, Health Canada
email@example.com or by phone at 1-866-337-7705
A list of authorized commercial producers can be found here: Health Canada Licensed Producers
Tel: (205) 352-8162
The content on this page was last updated January 24 2019 at 8:41 AM