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Cannabis Production Land Use Review

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On December 17, 2019, Welland City Council passed a notice of motion to enact an Interim Control By-law (ICB 2019-162) which would prohibit the use of land, buildings or structures for cannabis cultivation, production, and processing operations for a period of one (1) year. The motion also directed City staff to conduct a full review of the current Zoning By-law requirements as they related to cannabis operation purposes and to ensure that the City’s policies are in-line with current Provincial and Federal legislation and municipal best practices.

As per Section 38(1) of the Planning Act, as amended, municipalities are permitted to put a temporary freeze on new land uses while the municipality is studying or reviewing its policies. The freeze can be imposed for only a year, with a maximum extension of another year. On December 15, 2020, Council passed a By-law to extend ICB 2019-162 to December 17, 2021, to allow for a more comprehensive review to be undertaken.

In Canada, the commercial growth of cannabis is permitted by the Cannabis Act. There are a number of licences that can be applied for under the Act including Cultivation, Processing, Analytical Testing, Sale, Research, and Cannabis Drug Licence.

On November 16, 2021 Welland City Council decided to APPROVE a City Wide Zoning By-law Amendment to update the Medical Marihuana regulations in the City of Welland Zoning By-law 2017-117 and replace them with Cannabis Production Facility regulations. Council approved By-law No. 2021-183 with modifications made by Council, which provides for licensed and designated growth facilities under the Cannabis Act and any type of use permitted to grow more than four cannabis plants. A definition for Air Treatment Control Systems is also created. Facilities would be permitted in both Agricultural and Industrial/Employment Zones. More specifically the Agricultural (A1), Rural Employment (RE), Light Industrial (L1), General Industrial (G1), and Gateway Economic (GEC) Zones. An amendment to the City’s existing Site Plan Control By-law to include Cannabis Production Facilities as operations that are subject to Site Plan Control as agricultural buildings was also passed in conjunction with this application.

On December 17, 2019, Welland City Council passed a notice of motion to enact an Interim Control By-law (ICB 2019-162) which would prohibit the use of land, buildings or structures for cannabis cultivation, production, and processing operations for a period of one (1) year. The motion also directed City staff to conduct a full review of the current Zoning By-law requirements as they related to cannabis operation purposes and to ensure that the City’s policies are in-line with current Provincial and Federal legislation and municipal best practices.

As per Section 38(1) of the Planning Act, as amended, municipalities are permitted to put a temporary freeze on new land uses while the municipality is studying or reviewing its policies. The freeze can be imposed for only a year, with a maximum extension of another year. On December 15, 2020, Council passed a By-law to extend ICB 2019-162 to December 17, 2021, to allow for a more comprehensive review to be undertaken.

In Canada, the commercial growth of cannabis is permitted by the Cannabis Act. There are a number of licences that can be applied for under the Act including Cultivation, Processing, Analytical Testing, Sale, Research, and Cannabis Drug Licence.

On November 16, 2021 Welland City Council decided to APPROVE a City Wide Zoning By-law Amendment to update the Medical Marihuana regulations in the City of Welland Zoning By-law 2017-117 and replace them with Cannabis Production Facility regulations. Council approved By-law No. 2021-183 with modifications made by Council, which provides for licensed and designated growth facilities under the Cannabis Act and any type of use permitted to grow more than four cannabis plants. A definition for Air Treatment Control Systems is also created. Facilities would be permitted in both Agricultural and Industrial/Employment Zones. More specifically the Agricultural (A1), Rural Employment (RE), Light Industrial (L1), General Industrial (G1), and Gateway Economic (GEC) Zones. An amendment to the City’s existing Site Plan Control By-law to include Cannabis Production Facilities as operations that are subject to Site Plan Control as agricultural buildings was also passed in conjunction with this application.