CBC Ottawa explains: What control does the city have over cannabis?

Cities were thrown for a loop when the PC governmenttossed out the Liberals' plan for government-run cannabis stores in favour of a private retail model.

Ever since that August announcement, municipalities have demanded details about the role they will have in the newsystem.Who would decide who runs a store and where?Would citiesget new zoning powers to limit shop locations?

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The government tabled Bill 36on Sept. 27that clears some of the air. But many municipal politicians are not impressed.

Here's why.

Where and when can you smoke cannabis?

The short answer: anywhere you're allowed to smoke tobacco. That's what the province announced last week. So playgrounds, no. Sidewalks, yes.

Recreational cannabis will belegal in Canada two weeks from now, on Oct. 17. In Ontario, you'll be able to purchase it onlinefrom the Ontario Cannabis Retail Corp. as of that day.

But you'll have to wait until April to to buy it in person at a physical store, set to open in Ottawa next April. That is, unless the new city council opts out, but more on that in a moment.

The Progressive Conservative government announced last week that Ontarians will be allowed to smoke recreational marijuana in the same places where tobaccocan be smoked:

Who decideswherecannabis shops set up?

Cities will have no direct control over who gets a licence for a pot store, or where they set up shop.

The governmentbill gives thosepowers to the Alcohol and Gaming Commission of Ontario (AGCO) the provincial Crown agency responsible for alcohol, gambling and horse-racing.

By December,AGCOis to come out with regulations that lay outdetails suchas the size of a buffer zone between shops and schools, staff training and security, so it can take applications for licencesshortly thereafter.

Once an application for a store is made, city councils and residents will have 15 days to write AGCO a letter arguing against a particular store being granted a licence.

Lack of control concerns Watson

Ottawa's current mayor Jim Watson says he is concerned cities won't have any way to stop a string of shops in one area, and should have more powers.

Municipalities argued for special zoning powers to deal with cannabis stores.The Municipal Act allows them tolimitthe number of strip clubs and payday loan stores, anddefine where they go.

That was one of the fundamental beliefs that most municipalities had was that they would have some local control.- Mayor Jim Watson

Not so for cannabis stores. The new Ontario legislation saysexplicitly that cities cannot treat their zoning differently from any other kind of retail.

Nor can municipalitieslicence cannabis stores the way theydotaxi cabs andtow trucks.

Watson hopes the Ontario government will "bring the municipal sector back in" and isexpectedto speak with Attorney General Caroline Mulroney Tuesday to argue his case.

"That was one of the fundamental beliefs that most municipalities had was that they would have some local control," saidWatson.

Councillor questions rush to approve bricks-and-mortar pot shops

6 years ago

Duration 0:38

Even though recreational cannabis will be legal on Oct. 17, Coun. Mark Taylor says the city need not hurry to approve retail stores that sell it.

The opt-out question

By Jan. 22, the new city councils elected in October and not sworn in until December will have to decide if their communities should close the door to cannabis shops entirely.

• Municipalities that opt out of province's retail scheme can opt back in, AMO delegates told

If a community opts out, it can always opt back in. But once it accepts the stores, there's no going back.

That gives outgoing Bay ward Coun.Mark Taylor an idea: opt out to buy a bit of time tosee how the cannabis rolloutgoes in other communities, but promise to opt in at a later dateso residents know stores are coming eventually.

"Why are we rushing into this?" asked Taylor.

In CBCOttawa's surveys to candidates earlier during the election campaign, we asked if they support cannabis stores in the city, and the majority said they did.

Asked again Monday if the new legislation has changed their position, someresponded that they have faith in the AGCOas a strong regulator. Others say the new legislation does givethem pause, and they would entertain the opt-out.

When to call police after cannabis becomes legal

7 years ago

Duration 0:29

Deputy chief Steven Bell says it will take time for residents to get used to cannabis being legal.

Are police ready?

While cities lack powers to regulate cannabis, they will beexpected to deal with any problems that arise from its use.

All Ontario municipalities with cannabis storeswill share $40 million over two yearsfrom the province to deal with those growing pains.Taylor says whatever share Ottawa receives will not coverthe costs for enforcement and public health.

Police and bylaw officers are sure to get extra calls from residents concerned about safety, smell and property standards.

It's a bigsocietal change, said deputy chief Steven Bell.

Police will enforce drug-impaired driving, and help out bylaw and the Alcohol and Gaming Commission, but he says residents will have to get used to the idea that cannabis islegal.

So, if your neighbour is smoking a joint in their backyard, that's not a call for police or event for bylaw. If you see someone smoking in a vehicle, do call police, Bell said.