Planning for Legalization Land Use Planning for Legalization ^ LPPANS Cannabis Legalization, Community Impacts May 8, 2018 Nancy G. Rubin, Q.C., Kevin Landry

Legislative Framework/Timeline Cannabis Act Introduced (April, 2017 Feedback on Federal Cannabis Act Regulations released (February, 2018) Nova Scotia passes Cannabis Control Act (April 18, 2018) Final Federal/NS Regulations (???) Legalization (July 1, 2018) Legalization (August, 2018) Edibles Regulations (summer, 2019) Legislative Framework/Timeline 60 Working Days Date has shifted

Today’s Talk Federal/Provincial/Municipal roles and responsibilities in legalization Zoning and Land Use Cannabis in the Workplace (time permitting).

Smoke-Free Places Act amendments Cannabis Act (Federal) Access to Cannabis for Medical Purposes Regs Narcotics Control Regulations Cannabis Control Act (NS) Cannabis Act Regulations Cannabis Control Act Regulations Municipal Bylaws

Nova Scotia Regime

Cannabis Control Act, Bill 108 3(a) “authorized cannabis seller” means (i) the Corporation, or (ii) a person authorized by or under the regulations to sell cannabis; Amends the Smoke-free Places Act 16(1) Nothing in this Act affects any other authority, including the authority of the council of a municipality, to regulate, restrict or prohibit smoking.

Municipal Planning Cases Tasty Budds Compassion Club Inc. (Re), 2016 NSUARB 128; affd 2017 NSCA 22. Jazz Vape and Nova Buds, 2018 NSUARB 28

Re White 2017 NSUARB 176

Criminal prosecutions > constitutional challenges

Planning for the Future Edibles regulation Tourism Micro-processing and cultivation Private retail sales

https://fcm.ca/documents/issues/Cannabis-Guide-EN.pdf

What NS Planners Need to Think about DEFINITIONS – consistent with Fed and Prov definitions ZONING/SITING – plan ahead! COMMERCIAL CULTIVATION & PROCESSING Allow as existing agricultural uses or carve out? Refine existing uses –Cultivation vs processing vs retail Large scale vs “micro” cultivation and processing

What NS Planners Need to Think about RETAIL SALES Currently NSLC but future private possible Treat as any other “retail store”? Or exclude? Consider if any additional considerations to locate retail cannabis sales. Buffer Hours of operation Signs and Lighting Parking

What NS Planners Need to Think about PERSONAL CULTIVATION Feds and Province permit a person over 18 to grow 4 cannabis plants within a “dwelling house” Indoor/outdoor Only permitted in certain zones? Fenced?

Smoke-Free Places Smoke-Free Places Act amended to include cannabis when it is smoked or inhaled. Currently prohibits smoking in: an “enclosed place” (but not a private residence), school grounds, a car if a child is present, outdoor restaurants, or within 4 m of an enclosed place

Smoke-Free Places Amendments prohibit smoking or vaping of cannabis or tobacco outdoors: On or within 20 m of public playgrounds On or within 20 m of public sport and recreation venues, On or within 9 m of public trails In provincial parks and beaches, except within the boundaries of a rented campsite

Antigonish Smoking Bylaw Consider if the Municipality wishes to extend smoke-free places to areas not currently covered. “Place of public assembly” – defined with reference to buildings. Could be amended.

How to stay ahead of legalization. Start thinking now about municipal policies and priorities Secure Council resolution to direct staff to prepare options for LUB amendments and bylaw amendments Survey jurisdictions for best practices Create a timeline and work backward from 14 days following publication of Council approval to ensure sufficient time to pass bylaw amendment for August 2018 go-live date. Allow sufficient time for public participation, stakeholder input

Cannabis in the Workplace Employers have a duty to maintain a safe workplace Employers are prohibited from discriminating in relation to a protected characteristic Addiction can constitute a “disability” Employees have privacy rights, particularly with respect to off-duty conduct

Cannabis in the Workplace In unionized, safety-sensitive workplace, may use: Post-incident testing Reasonable cause testing Random testing as part of an accommodation (return to work) Pre-access testing (medicals)? However, random testing is frowned upon by arbitrators and the courts: Irving Pulp & Paper v CEP, 2013 SCC

Cannabis in the Workplace Recreational or Medical? Workplace policies usually address categories: Alcohol “Street” drugs Prescription drugs Cannabis: Medically authorized vs. legal / recreational category

Cannabis in the Workplace Treat recreational marijuana largely as you would alcohol Can’t perform work while impaired Seeking accommodation is appropriate Challenge is in identifying current impairment Treat medicinal marijuana as you would any other prescribed medication Workplace consumption? (controlled?)

Cannabis in the Workplace Safety practices or policies that require language change? Policy drafting: take into account different types Accommodation of workers using cannabis for medical purposes Accommodation for established addictions No accommodation for recreational substance use of any kind: alcohol, cannabis

Questions?

Disclaimer These materials are intended to provide brief informational summaries only of legal developments and topics of general interest. The materials should not be relied upon as a substitute for consultation with a lawyer with respect to the reader’s specific circumstances. For questions related to these materials or their application to you, you are encouraged to consult: Nancy G. Rubin, Q.C. nrubin@stewartmckelvey.com (902) 420-3337 www.StewartMcKelvey.com