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

2. 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

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

4. 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

5. Nova Scotia Regime

6. 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.

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

9. Re White 2017 NSUARB 176

10. Criminal prosecutions > constitutional challenges

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

14. 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

15. 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

16. 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?

17. 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

18. 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

19. 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.

21. 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

22. 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

23. 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

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

25. 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?)

26. 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

27. Questions?

28. 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. (902)