Whereas the federal Cannabis Act controls the production, distribution, sale and possession of cannabis in Canada, including the application and licensing of personal and commercial medical cannabis production, which should be compliant with local bylaws according to criteria set out for applicants in the process administered by Health Canada as the agency responsible for approval of cannabis production facilities; And whereas local governments have responsibility for the enforcement of local bylaws and ensuring life-safety compliance with fire and building code regulations, but Health Canada has no process in place to share licensing information with local authorities about the location of medical cannabis production facilities in BC communities: Therefore be it resolved that UBCM advocate for an expanded legislative framework that provides options for local authorities to oversee building and fire safety requirements for cannabis production facilities from the outset of the license application process and prior to the commencement of construction of cannabis production facilities in local and First Nations communities; And be it further resolved that UBCM advocate for federal and provincial collaboration with local governments to develop information sharing agreements, so local governments are informed of the locations and licensing particulars of personal and commercial medical cannabis production in their communities and can thereby ensure enforcement of local bylaws to mitigate safety risks within BC communities.
Ministry of Public Safety and Solicitor General The Province supports medical cannabis program reform and greater information sharing with Provinces, law enforcement, local and Indigenous governments. However, it is important to note that medical cannabis and commercial cannabis production are regulated by the federal government under the federal Cannabis Act and regulations. Cannabis production, whether federally authorized for personal medical use or commercially licensed, is subject to local government bylaws, building and fire code requirements. While commercial cannabis production facilities must notify local authorities in writing of their intent to apply for a licence and complete construction prior to submitting an application to Health Canada, this is not the case with personaldesignated medical cannabis producers. A medical patient may register with Health Canada and receive an authorization to grow cannabis for their own personal medical use or designate another individual to grow on their behalf. Health Canada does not disclose personal information regarding these personal medical authorizations, such as home addresses, except to law enforcement for investigation purposes. Health Canada may be able to provide aggregate information about the number of personaldesignated growers in your community. You can contact Health Canada at omc-bcmhc-sc.gc.ca or by phone, at 1-866-337-7705. Diverting cannabis produced under these authorizations for illicit commercial sale is an offence under the Cannabis Act. Concerns about the medical cannabis program andor commercial cannabis production licensing can be directed to Health Canada at: cannabiscanada.ca. Health Canada will be undertaking a legislated three-year review of the Cannabis Act and associated regulations, commencing in October 2021. The Province of BC will be looking to engage further on these issues prior to this review through the UBCM Cannabis Policy Technical Working Group.