On March 22, 2021 the Council of the Township of Brock passed Zoning By-law 3014-2021 that describes how residents are able to produce (grow) and process Cannabis in Brock Township. This By-law aims to recognize the legal status of Cannabis, the right for people to access their prescriptions and the economic potential of this crop for our rural residents, while mitigating the potential impacts of this land use. Some key highlights of the By-law include:
- encouraging the growth and production of Cannabis in Industrially zoned lands where the Federal Cannabis guidelines apply,
- requiring set-backs to residential areas and sensitive land uses to help mitigate impacts from odour and land use conflicts,
- requiring "designated growers" (these are land owners growing up to four prescriptions on one property) to go through Brock's Site Plan process to ensure impacts are as minimal as possible, and
- not limiting residents wishing or needing to grow their single prescription amount.
Download a full copy:
- Zoning By-law 3014-2021 - The Cannabis Zoning By-law passed March 22, 2021.
- By-law Number 3015-2021 to enact Official Plan Amendment No. 5. - The Official Plan Amendment required to enact Zoning By-law 3014-2021.
General Cannabis Provisions (rules)
Section 10.37 of the Zoning By-law: Cannabis Production and Processing
Notwithstanding any other provision of this By-law to the contrary, where a Cannabis Production and Processing Facility or a Medical Cannabis Production Site is permitted, the following provisions shall apply:
a) Only one Cannabis Production and Processing Facility or one Medical Cannabis Production Site shall be permitted on a single, conveyable lot;
b) A Cannabis Production and Processing Facility or a Medical Cannabis Production Site located within an enclosed building or structure shall be equipped with an Air Treatment Control system;
c) Open storage of any goods, materials, or supplies associated with a Cannabis Production and Processing Facility or a Medical Cannabis Production Site shall be prohibited;
d) A building or structure used for security purposes for a Cannabis Production and Processing Facility or a Medical Cannabis Production Site may be located in the required front yard of the lot upon which the Cannabis Production and Processing Facility or Medical Cannabis Production Site is located and is not required to comply with the minimum required front, side, or rear yard setbacks for the lot;
e) All development in relation to the establishment or expansion of a Cannabis Production and Processing Facility or a Medical Cannabis Production Site shall be subject to Site Plan Control;
f) No minor variance to the zoning requirements for a Cannabis Production and Processing Facility or a Medical Cannabis Production Site shall be permitted by the Committee of Adjustment and shall only be considered by way of a Zoning Bylaw Amendment; and,
g) Separation distances between a Cannabis Production and Processing Facility or a Medical Cannabis Production Site and any Residential Zone, Community Facility (CF) Zone, Recreation (R) Zone or Open Space (OS) Zone shall be measured from the edge of the nearest building or crop line associated with the Cannabis Production and Processing Facility or Medical Cannabis Production Site to the greater of either the nearest lot line of a sensitive land use or the nearest zone boundary of any Residential Zone, Community Facility (CF) Zone, Recreation (R) Zone or Open Space (OS) Zone.
Cannabis Production in Industrial Zones
Notwithstanding any other provision of this By-law to the contrary, the following additional requirements shall apply to a Cannabis Production and Processing Facility or a Medical Cannabis Production Site that is permitted in an Industrial Zone:
a) A Cannabis Production and Processing Facility or a Medical Cannabis Production Site equipped with an Air Treatment Control system shall be setback the greater of:
i) 70 metres from the zone boundary of any Residential Zone, Community Facility (CF) Zone, Recreation (RE) Zone, or Open Space (OS) Zone; or
ii) 150 metres from the nearest lot line of a sensitive land use.
Cannabis Production in Rural Zones
Notwithstanding any other provision of this By-law to the contrary, the following additional requirements shall apply to a Cannabis Production and Processing Facility or a Medical Cannabis Production Site in a Rural Zone:
a) A Cannabis Production and Processing Facility or a Medical Cannabis Production Site equipped with an Air Treatment Control system shall be setback the greater of:
i) 70 metres from the zone boundary of any Residential Zone, Community Facility (CF) Zone, Recreation (RE) Zone, or Open Space (OS) Zone; or
ii) 150 metres from the nearest lot line of a sensitive land use.
b) An outdoor Cannabis Production and Processing Facility and a Medical Cannabis Production Site not equipped with an Air Treatment Control system shall be setback a minimum of 300 metres from the nearest lot line of a sensitive land use.
c) Only one building or structure having a cement-based foundation of up to a maximum of 200 square metres may be used in association with a Cannabis Production and Processing Facility or a Medical Cannabis Production Site on a single lot.”
Important Cannabis Resources and Documents
- Zoning By-law 3014-2021 - The Cannabis Zoning By-law passed March 22, 2021.
- By-law Number 3015-2021 to enact Official Plan Amendment No. 5. - The Official Plan Amendment required to enact Zoning By-law 3014-2021.
- Health Canada Home Page for Medical Use of Cannabis: https://www.canada.ca/en/health-canada/topics/cannabis-for-medical-purposes.html
- Health Canada Regulations for Licensed Producers: https://www.canada.ca/en/health-canada/services/cannabis-regulations-licensed-producers.html
- Health Canada, Growing Cannabis for your own medical purposes: https://www.canada.ca/en/health-canada/topics/production-cannabis-for-your-own-medical-purposes.html
- Access to Cannabis for Medical Purposes Regulations (ACMPR): https://laws.justice.gc.ca/eng/regulations/SOR-2016-230/
- Understanding the New Access to Cannabis for Medical Purposes Regulations: https://www.canada.ca/en/health-canada/services/publications/drugs-health-products/understanding-new-access-to-cannabis-for-medical-purposes-regulations.html
- Getting Cannabis for Medical Purposes: https://www.canada.ca/en/health-canada/topics/accessing-cannabis-for-medical-purposes.html
Frequently Asked Questions
| Why do we need a by-law if Cannabis is legal? |
| A by-law is the tool that municipalities use to control land use (i.e. what uses are allowed on what lands within the township). Given that Cannabis is a legal product, municipalities throughout Canada are making decisions on how and where Cannabis can be grown and produced within their municipal boundaries. These land use controls are largely being implemented in response to public concerns regarding odor, safety and proximity of cannabis to “sensitive land uses” (which are things like homes and schools).
This cannabis by-law looks to control the growth and production of cannabis from a land use perspective in the same way that industrial or residential uses are controlled. It will describe where and how people or companies can grow and/or process Cannabis in Brock. |
| If I have a prescription, can I grow the amount of plants required to "fill" that prescription on my property? |
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A license or registration is required from Health Canada in all situations where more than 4 plants are grown. The proposed by-law does not address individuals growing the number of plants required for their prescription, so as long as you have the proper permissions from Health Canada, the answer is yes. Designated Growers growing plants for other people with prescriptions will be required to go through the Site Plan Approval process. |
| How many plants can I grow in my yard? |
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You can grow the legally allowed 4 plants on your property regardless of where your property is, how it is zoned or how large it is. The Federal Government allows the following: “Adults who are 18 or 19 years or older (depending on province or territory) are able to:
Possession, production, distribution and sale outside of what the law allows remains illegal and subject to criminal penalties, ranging from:
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| Who can investigate odour complaints and when? |
The Township cannot investigate odour complaints and does not have an odour by-law. The reason that we don't have an odour by-law is that odour is a subjective and no standards exist to determine the level at which an odour becomes a nuisance. Therefore, an enforceable by-law cannot be created. However, the Ministry of the Environment and Climate Change (“MOECC”) has the authority to respond to odour concerns when:
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| How far away from a school do Cannabis operations have to be? |
| If a facility is equipped with “Air Treatment Control” it cannot be located closer than 150m to a sensitive land use, which includes schools. If the facility does not have “Air Treatment Control”, it must be no closer than 300m to a sensitive land use. |
| Who do I call to report a Cannabis operation? |
| If you have concerns about illegal activity, please call your local police detachment. If you wish to determine if a property owner is complying with the by-law provisions, please contact the Planning department at the Township of Brock at planning@brock.ca or call 705-432-2355 ext.235. |