CITY OF SURREY BY-LAW NO 17410
A by-law to
license and regulate the cultivation and production of Medical Marijuana
.........................................................................................................................
(a) WHEREAS
Health Canada issues licenses under the Medical
Marijuana Access Regulation to allow the cultivation and production of
marijuana for medical purposes;
(b) AND WHEREAS the cultivation and
processing of Medical Marijuana poses inherent safety risks to the community;
(c) AND WHEREAS the licensing and
regulation of Medical Marijuana will improve the safety of persons and
buildings; and
(d) AND WHEREAS the licensing and
regulation of such cultivation and production of Medical Marijuana will improve
the health, safety and welfare of the residents and medical marijuana users in
the City.
Therefore,
under its statutory powers, including Section 15 of the Community Charter, SBC 2003, c. 26, the Council of the
City of Surrey enacts the following provisions:
INTENT OF
BY-LAW
(a) to
provide for the safe cultivation, production and distribution of Medical
Marijuana to patients who qualify to obtain, possess and use marijuana for
medical purposes under the Health Canada Medical Marijuana Access Regulation;
(b) to
protect public safety and welfare through reasonable limitations on medical
marijuana cultivation and production in relation to noise, air and water
quality, patient safety and security and other health and safety concerns; and
(c) nothing
in this By-law is intended to promote or condone the production, distribution
or possession of medical marijuana in violation of any applicable law.
2
CONTENTS
Part 1
Introductory
Provisions
1. Title
2.
Definitions
3. Table of
Contents
4.
Severability
5. Duty of
Administration and Enforcement
Part 2
Licenses
6-7.
Licenses
8-9. Form
of License
10.
Possession of License
11. Period
of License
12.
Transfer of License
13.
Inspection
14. Refusal
of a License
15 – 16.
Granting of a License
17 – 18.
Terms and Conditions of a License
19. Compliance
with Zoning
20-22.
Suspension or Cancellation of a License
3
Part 3
Offences
and Penalties
23.
Offences
24.
Penalties
Part 4
General
Provisions
25.
Prohibited Acts
26. Costs
of Inspection and Clean-up
27.
Commencement
Part 1
Introductory
Provisions
Title
1. This
By-law may be cited as "Surrey Medical Marijuana Production and Licensing
Regulation By-law, 2011, No. 17410".
Definitions
2. In this
By-law,
"Applicant"
means a
person who makes application for a License under this By-law.
"Council"
means the City
Council of the City of Surrey.
"Cultivation"
means the
process by which a person promotes the germination or cloning and growth of a
seed or clone to a mature Marijuana plant.
4
"Designated-Person
Production or Designated-Person Production License"
means a
License under this By-law authorizing a person to produce marijuana for the
medical purpose of no more than two Licensed Persons.
"Infused
Marijuana"
means
Medical Marijuana infused with another product that is intended for use or
consumption other than by smoking, including, without limitation, edible
products, ointments and tinctures.
"Inspector"
means a
person from time to time appointed as License Inspector of the City and
includes any By-law Enforcement Officer or Peace Officer.
"License"
means a Personal-Use
License, Designated-Person Production License or a Personal-Use Production
License issued pursuant to this By-law.
"Licensed
Persons" or "Licensee"
means a
person who is Licensed under this By-law and who can qualify for Medical
Marijuana, including its Cultivation, under the Health Canada MMAR or a person
who is authorized to Cultivate and Produce Medical Marijuana on behalf of
others by Health Canada pursuant to the MMAR.
"Marijuana"
means all
parts of the genus cannabis whether growing or not and the seed or clone of
such plants.
"Marijuana
Medical Access Regulations" or "MMAR"
means
Marijuana Medical Access Regulations, SOR/2001-227, as amended.
"Medical
Marijuana"
means
Marijuana that may be administered to treat or alleviate a qualifying patient's
debilitating medical condition or symptoms associated with the patient's
debilitating medical condition, under the MMAR.
"Medical
Marijuana Cultivation"
means the
process by which a person promotes the germination or cloning and growth of a
seed or clone to a Medical Marijuana plant.
5
"Personal-Use
License"
means a
license issued under this By-law to a person authorized under this By-law and
by Health Canada under the MMAR to store and consume
dried or Infused Medical Marijuana.
"Personal-Use
Licensee"
means a
person authorized under this By-law and by Health Canada under the MMAR to store and consume
dried or Infused Medical Marijuana.
"Personal-Use
Production or Personal-Use Production License"
means a
license issued under this By-law authorizing a person to Cultivate Medical
Marijuana solely for medical use of that person under the MMAR.
"Premises"
means the
indoor location within which the Licensee is authorized to possess or Produce
Medical Marijuana.
"Produce"
or "Production"
means (i)
all phases of growth of Marijuana from seed or clone to harvest; (ii) combining
Marijuana with any other substance for distribution, including storage and
packaging for future use; or (iii) preparing, compounding, processing,
encapsulating, packing or repackaging, labelling or relabeling of Marijuana or
its derivatives, whether alone or mixed with any amount of any other substance.
Table of
Contents
3. The
table of contents for this By-law is for convenient reference only, and is not
for use in interpreting or enforcing this By-law.
Severability
4. A
decision by a court that any part of this by-law is illegal, void or
unenforceable severs that part from this By-law and is not to affect the
balance of this By-law.
Duty of
Administration and Enforcement
5. The
intent of this By-law is to set standards in the general public interest, and
not to impose a duty on the City or its employees to enforce its provisions,
and:
(a) a
failure to administer or enforce its provisions or the incomplete or inadequate
administration or enforcement of its provisions does not give rise to a cause
of action in favour of any person; and
6
(b) the
grant of any approval or permission or issuance of any permit is not a
representation, warranty or statement of compliance with the By-law and the
issuance thereof in error is not to give rise to a cause of action.
Part 2
Licenses
Licenses
6. No
person shall cultivate Marijuana or Medical Marijuana without holding a valid
and subsisting Personal-Use License, a Personal-Use Production License or a Designated-Person
Production License.
7. All
applications for Licenses under this By-law must be made to the Inspector on
the application form provided for that purpose and shall contain the
information described in Section 16 of this By-law, as well as:
(a) two
copies of a current photograph of the applicant;
(b) the
full address of the place the applicant ordinarily resides; and
(c) a
declaration that the License applied for is either:
(i) a
Personal-Use License;
(ii) a
Personal–Use Production License; or
(iii) a
Designated-Person Production License, in which case the Personal-Use Licensee
must be named.
Form of
License
8. Every
License issued under this By-law will state that the holder is licensed as a
Personal-Use Licensee or authorized to carry on either Personal-Use Production
or Designated-Person Production in a lawful manner for the periods specified in
the License at the premises specified in the License, subject to the terms and
conditions specified on the License and in this By-law.
9. Every
License issued under this By-law will be made out in duplicate and one copy
will be delivered by the City to the person licensed.
Possession
of License
10. The
person licensed must keep the License available for examination by the
Inspector.
Period of
License
11. All
Licenses granted under this By-law will be issued annually to terminate one
year from the date of issuance of the License.
7
Transfer of
License
12. No
License issued under this By-law is transferrable or assignable.
Inspection
13. Every
Inspector and every Medical Health Officer is authorized to enter at all
reasonable times, any house, place, premises, vehicle, or other place for an
application for a License has been received, granted or may be required under
this By-law, to ascertain whether the regulations and provisions of this By-law
are being obeyed. No person shall prevent, obstruct or attempt to prevent or
obstruct the entry of a person authorized entry under this Section.
Refusal of
a License
14. (1) An
application for a License may be refused by Council or the Inspector in any
specific case, provided that:
(a) the
application must not be unreasonably refused; and
(b) Council
or the Inspector must give reasons for the refusal.
(2) If the
Inspector has refused to grant a License, the applicant who is subject to the
decision is entitled to have Council reconsider the matter.
Granting of
a License
15. The
Inspector may grant a License under this By-law where the Inspector is
satisfied that the applicant has complied with the requirements of this By-law
and the Health Canada Marijuana Medical Access Regulations and the City's
by-laws regulating building, zoning, health and sanitation, and for that
purpose the applicant must provide the City with detailed plans and other
information including without limitation the following:
(a) a
dimensioned floor plan, showing the layout, floor plan design and equipment, in
which the Medical Marijuana Cultivation facility is to be located, which shall
only be located inside an enclosed building;
(b) a plan
describing the ventilation systems that will be used to control the environment
for the plants and describe how such systems operate with the systems
preventing odour leaving the premises so that no odour can be detected by a
person with a normal sense of smell at the exterior of the Premises;
(c) a plan
that specifies the methods to be used to prevent the growth of harmful mould
and achieve compliance with limitations on discharge into the waste water
system of the City;
(d) a
security and lighting plan, including a monitored alarm system;
(e) an
electrical, lighting and equipment plan for the Medical Marijuana Cultivation;
8
(f) a
storage plan for the medical marijuana grown and/or otherwise stored on the
Premises;
(g) a
declaration that no pesticides or other toxic substance shall be used in
Medical Marijuana Cultivation;
(h) a plan
for disposal of any Medical Marijuana or Infused Marijuana that is not consumed
by patients in a manner that protects any portion thereof being possessed or
ingested by any person or animal;
(i) in the
case of a Designated-Person Production License a plan for delivery of Medical
Marijuana to patients, a plan of the placement and use of security cameras, a
neighbourhood responsibility plan, a criminal background check for the
applicant and a plan for disposal of Medical Marijuana that is not distributed
to a patient.
16. If the
application for a License is refused by the Inspector, the Inspector must
notify the applicant of the right to have the application reconsidered by
Council.
Terms and
Conditions of a License
17. The
Inspector or Council may impose terms and conditions on a License granted under
this By-law in addition to the terms and conditions imposed by this By-law.
18. The
terms and conditions imposed on a License may include any one or more of the
following:
(a) a
requirement that the license holder comply with a particular provision of a
City by-law or any other provincial or federal enactment within a specified
period of time; and/or
(b) a
requirement that the holder provide to the Inspector within a specified period
of time evidence satisfactory to the Inspector of compliance with a particular
provision of a City by-law or any other provincial or federal enactment.
Compliance
with Zoning
19. Before
a License is granted under this By-law, the Inspector must be satisfied that
the use for which the License is sought is not in violation of Surrey Zoning
By-law, 1993, No. 12000, as amended or of any by-law then in force in the City,
and no License will be issued if the carrying on of the licensed activity in or
from the premises would be contrary to any City by-law.
Suspension
or Cancellation of a License
20. (1) A
License may be suspended or cancelled by Council or the Inspector for
reasonable cause.
(2) Without
limiting Subsection (1), any one of the following circumstances may constitute
reasonable cause:
9
(a) the
holder fails to comply with a term or condition of the License;
(b) the
holder is convicted of an offence indictable in Canada;
(c) the
holder has ceased to comply with a by-law or has otherwise ceased to meet the
lawful requirements to carry on the activity for which the holder is Licensed
or with respect to the premises named in the License; and
(d) in the
opinion of the Council or the License Inspector, the holder has engaged in
misconduct that warrants the suspension or cancellation of the License.
21. (1)
Before suspending or cancelling a License, the Council must give the License
holder notice of the proposed action and an opportunity to be heard.
(2) A
suspension under Section 20 is for the period determined by the Council or the
Inspector, and the Council or the Inspector may impose additional conditions on
the License that relate to the reasons for the suspension and that will apply
after the period of suspension.
(3) In the
case of a suspension or cancellation of a License by the Inspector, the
Inspector must notify the holder of the right to have the suspension of
cancellation reconsidered by Council.
(4) The
obligations under Subsections (1) and (3) are satisfied if a reasonable effort
is made to mail or otherwise deliver the notices.
22. If the
Inspector has suspended or cancelled a License, the License holder who is
subject to the decision is entitled to have Council reconsider the matter.
10
Part 3
Offences
and Penalties
Offences
23. Every
person who violates any of the provisions of this By-law or who suffers or
permits any act or thing to be done in contravention of this By-law or who
neglects to do or refrains from doing any act or thing which violates any of
the provisions of this By-law shall be liable to the penalties hereby imposed
and each day that such violation is permitted to exist shall constitute a
separate offence.
Penalties
24. Any
person who violates any of the provisions of this By-law shall upon summary
conviction, be liable to a penalty of not less than $100 and not more than
$5,000 plus the costs of the prosecution.
Part 4
General
Provisions
Prohibited
Acts
25. It
shall be unlawful for any person to:
(a)
distribute Medical Marijuana without a License;
(b) obtain
Marijuana from a person who is not a Licensed person;
(c) take
Marijuana for medical use in any form in plain view of, or in a place open to,
the general public, and for the purposes of this By-law, places open to the
general public include without limitation any property owned, leased or used by
a public entity, retail malls, businesses open to the public, common areas of a
building or in vehicles visible from a place open to the general public;
(d)
produce, distribute or possess more Medical Marijuana other than allowed under
applicable law;
(e) make
any changes, or for the Licensee to allow any changes to be made, to the items
included in the plans submitted with the License application and approved by
the City, or the individuals identified in the application, without prior
written approval of the City.
11
Costs of
Inspection and Clean-up
26. In the
event the City incurs costs in the inspection or clean-up of any premises
whether or not they are premises producing Marijuana, the responsible person
shall reimburse the City all actual costs incurred by the City of such
inspection and/or cleanup.
Commencement
27. This
By-law shall come into force on the date of final adoption hereof.
PASSED
FIRST AND SECOND READING on the 13th day of June, 2011.
PASSED
THIRD READING on the 13th day of June, 2011.
RECONSIDERED
AND FINALLY ADOPTED, signed by the
Mayor and Clerk, and sealed with the Corporate Seal on the 27th day of June,
2011.
_________________________________
MAYOR
_________________________________
CLERK
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