Cannabis Enforcement and Regulation within the Agricultural Land Reserve

Year
2020
Number
NR59
Sponsor(s)
Maple Ridge

Whereas UBCM was not consulted on the legislative and regulatory changes that have changed the characterization of cannabis production on the Agricultural Land Reserve ALR to farm use; And whereas the Farm Practices Protection Right to Farm Act protects and exempts farm operation from liability in nuisance for any odour, noise, dust or other disturbance resulting from that farm operation: Therefore be it resolved that UBCM ask the Ministry of Agriculture to continue to work with farm operators and the Cannabis Policy Technical Working Group to address the concerns of local government in relation to the water usage, waste, light emission, and the lack of enforcement related to cannabis operations within the Agricultural Land Reserve.

Provincial Response

Ministry of Agriculture, Food, and Fisheries The Ministry of Agriculture, Food and Fisheries is following odour-nuisances related to cannabis production closely, and is collaborating with the Metro Vancouver Regional Districts Air Quality Bylaw and Regulation Team, and cannabis-facility operators located in the Metro-Vancouver area, to pursue the investigation of how Normal Farm Practices may be established for the sector, which may mitigate future concerns related to odour-complaints from the indoor or greenhouse production of cannabis. Further, the Ministry of Agriculture, Food and Fisheries is currently conducting a study titled, The Relative Impact of VOC Emissions from Agriculture on Air Quality of Urban Centre, that will seek to provide enhanced information on the most effective mitigation-technologies that indoor and greenhouse producers of cannabis may apply to minimize odor output from their operations. The report will also include findings that further investigate the overall air-quality impacts of cannabis air-emissions in the Metro-Vancouver region. As Health Canada is the official regulatory-body overseeing the licensing and production of legal-cannabis in Canada, they have already addressed issues related to odor and enforcement by stating that, the building or part of the building where cannabis is produced, packed, labelled and store must be equipped with a system that filters air to prevent the escape of odours. Health Canada has increased its site-inspections in BC due to complaints, and has created an Online Complaint Form for individuals aggrieved by nuisances arising from a licensed cannabis facilities to submit a formal complaint, so Health Canada may consider conducting a compliance-inspection of the facility as referenced. Where Health Canada finds that a producers air-filtration system is not performing adequately or is found to not be in operation, Health Canada may consider issuing a cease-and-desist order against the facility until mitigation requirements are met. Additionally, the Ministry of the Environment, in collaboration with the Ministry of Agriculture, Food and Fisheries and the Metro Vancouver Regional District, published a report titled, Best Available Control Technologies for Cannabis Production in British Columbia. This early report provided guidance to industry on the technologies available to manage potential health and environmental impacts from their operations. The Ministry of Environment has also recently published a Cannabis Waste Management Factsheet, that details how cannabis producers must comply with existing regulatory requirements under the Environmental Management Act EMA and Code of Practice for Agricultural Environmental Management AEM Code in order to protect human health and the environment. Both resources can be found on their Environmental Management for the Cannabis Industry Webpage, which also provides information regarding water licenses and approvals. Further, the Cannabis Legalization Secretariat the Secretariat, under the Ministry of Public Safety and Solicitor Generals Office PSSG is currently conducting external engagement with local governments to discuss cannabis production and regulatory limitations within their communities. The Metro Vancouver Regional District, of which the City of Maple Ridge is a member, has been invited to participate. The Ministry of Agriculture, Food, and Fisheries acknowledges that the above actions are only first-steps, and that the Province is committed to continued monitoring of the industry, collaborating with local governments, and providing further guidance on Normal Farm Practices in the sector as needed, to further support the Farm Industry Review Board FIRB, as an independent administrative tribunal in their supervision of the Farm Practices Protection Right to Farm Act as the regulatory nature of the cannabis sector is still developing. Links Online Complaint Form: https:health.canada.caenhealth-canadaservicesdrugs-medicationcannabisre… Best Available Control Technologies: https:www2.gov.bc.caassetsgovenvironmentwaste-managementindustrial-wast… Cannabis Waste Management Factsheet: https:www2.gov.bc.caassetsgovenvironmentwaste-managementindustrial-wast… Environmental Management for the Cannabis Industry: https:www2.gov.bc.cagovcontentenvironmentwaste-managementindustrial-was… Farm Practices Protection Right to Farm Act: https:www.bclaws.gov.bc.cacivixdocumentidcompletestatreg9613101

Convention Decision
Not Considered - Automatic Referral to Executive
Executive Decision
Endorsed