Cannabis Regulations

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:

  1. The name of the applicant (individual or company name) and proof of ownership
  2. The expected date on which the the applicatio will be submitted to Health Canada
  3. 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
  4. 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 will 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 outlined. There is an associated fee of $500 to cover the anticipated costs for community notification as part of the Provincial requriements for such applications. More detailed information is available below under the heading Liquor and Cannabis Retail Sales Licensing Process.

Public Hearing for Proposed Cannabis Regulations SCHEDULED


A Central Public Hearing has been scheduled for December 6th, 2018 at 6 pm to be held in the RDCK Board Room at 202 Lakeside Drive in Nelson B.C. Written and electronic submissions are encouraged for those who are unable to attend. Submissions can be made until the day prior to the Public Hearing (by 4:00 pm December 5th, 2018) or can be submitted verbally or in writing at the Public Hearing (6:00 pm December 6th, 2018). Written or electronic submissions can be made to Meeri Durand, Planning Manager at Box 590 202 Lakeside Drive Box 590 Nelson BC V1L 5R4 or by email at mdurand@rdck.bc.ca or at plandept@rdck.bc.ca.

Proposed Land Use Regulations for Cannabis NOW AVAILABLE


The Regional District of Central Kootenay has scheduled a PUBLIC HEARING on the proposed Cannabis Land Use Regulations early in December 2018 as detailed above. Further revisions have been made to reflect agency and stakeholder input to date. 

NEW Revisions to RDCK Land Use Bylaws (as of November 14, 2018):

Proposed Land Use Amendment Bylaw No. 2618 (Areas F, I, J and K) [PDF - 293 KB]
Proposed Land Use Amendment Bylaw No. 2619 (Area A) [PDF - 290 KB]
Proposed Land Use Amendment Bylaw No. 2620 (Area B) [PDF - 288 KB]
Proposed Land Use Amendment Bylaw No. 2621 (Area C) [PDF - 288 KB]
Proposed Land Use Amendment Bylaw No. 2622 (Area D) [PDF - 271 KB]
Proposed Land Use Amendment Bylaw No. 2643 (Area G) [PDF - 204 KB]

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]

Cannabis Regulations Engagement Report NOW AVAILABLE

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.

Regional District of Central Kootenay Cannabis Workshop Presentation [PDF - 2.8 MB]

Regional District of Central Kootenay Cannabis Engagement Report [PDF - 625 KB]

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'.

PREPARING FOR CANNABIS LEGALIZATION

The RDCK is taking the following steps to prepare for cannabis legalization:

STAFF REPORTS
Cannabis Act – Staff Report (Dated July 2017) [PDF - 187 KB]
Cannabis Act – Staff Report (Dated December 2017) [PDF - 437 KB]
Cannabis Act – Staff Report (Dated March 2018) [PDF - 240 KB]
Cannabis Act - Staff Report (Dated June 2018) [PDF - 250 KB]
Cannabis Act - Staff Report (Dated September 2018) [PDF - 398 KB]
Cannabis Act - Staff Report (Dated October 2018) [PDF - 516 KB]

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
omc-bcm@hc-sc.gc.ca or by phone at 1-866-337-7705

 A list of authorized commercial producers can be found here: Health Canada Licensed Producers

CONTACT US
Meeri Durand
Planning Manager
Email: mdurand@rdck.bc.ca
Tel
:   (205) 352-8162

The content on this page was last updated November 19 2018 at 4:53 PM