Cannabis Regulation
Recreational use of cannabis was legalized in Canada in October 2018. Many of the regulations surrounding cannabis are enacted by the provincial and federal governments. Bowen Island Municipality is responsible for setting out land use regulations for the production and sale of cannabis.
Get Cannabis Clarity - Province of BC
Council has adopted changes to the Land Use Bylaw that prohibit the cultivation, production, packaging, storage, distribution, trading, or selling of cannabis in all zones on Bowen Island. The exception is where these uses are permitted as a farm use, where permitted for medical purposes, or where specifically permitted through a Temporary Use Permit or a rezoning application.
The intention of this bylaw is not to prohibit the recreational consumption of cannabis, but to regulate where cannabis is produced and sold on Bowen Island.
Land Use Amendment Bylaw 455, 2018 requires rezoning applications for recreational cannabis retail to be considered by Council and the community on a case-by-case basis. The Municipality could then spot-zone to allow cannabis sales after community input has been received.
More on Cannabis Legislation
The federal government is involved with most questions around cannabis legalization, such as possession limits, taxation, regulatory compliance, and education. It has also established minimum regulatory standards that each province may uphold or further restrict.
More information about federal jurisdiction
The BC provincial government has made a number of decisions about the provincial regulatory framework.
More information about provincial jurisdiction
Background Information
Frequently Asked Questions
Why is this bylaw needed now?
The federal government legalized the recreational use of cannabis on October 17, 2018. This was not contemplated when Bowen Island’s Land Use Bylaw was adopted in 2002, so Council needed to adopt an amendment bylaw that would place a blanket prohibition on the production, distribution, and retail sale of cannabis on Bowen Island.
If the federal government says cannabis is legal, how can the municipality prohibit it?
The intention of Bylaw 455 is not to prohibit the recreational consumption of cannabis, but to regulate where cannabis is produced and sold and Bowen Island.
Each level of government (federal, provincial and municipal) has different jurisdiction over the regulation of cannabis. See the table below for examples.
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Federal |
Provincial |
Municipal |
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Can the Municipality regulate cannabis consumption?
The Municipality has the authority to set regulations around public consumption, similar to public consumption of tobacco, but this bylaw only deals with land use regulations.
Why not just allow cannabis sales in zones where other businesses operate?
The location, scale and density of cannabis cultivation and retail stores will impact the Bowen Island community. Commercial cultivation presents challenges ranging from odours and chemicals to use of municipal water. Retail stores influence the social and economic character of the community, and residents may have concerns about proximity to parks and schools.
Bylaw 455 requires rezoning applications for recreational cannabis retail to be considered by Council and the community on a case-by-case basis. The Municipality could then spot-zone to allow cannabis sales after community input has been received.
Will I be able to grow and/or sell cannabis on my farm?
You will be able to grow cannabis on your farm, as long as the property is located within the Agricultural Land Reserve and you comply with regulations under the Agricultural Land Commission Act.
Please ensure you are in compliance with these regulations before growing cannabis on your farm. Visit the Agricultural Land Commission website at www.alc.gov.bc.ca for more information.
Will I need a licence to grow or sell cannabis?
Yes, the provincial Liquor and Cannabis Regulation Branch (LCRB) is responsible for licensing non-medical cannabis private stores and monitoring the non-medical cannabis retail sector. Visit LCRB’s non-medical cannabis retail licence page for information about becoming a non-medical medical cannabis retailer in BC.
Will I be able to smoke cannabis in public?
You must comply with restrictions set by the provincial and federal governments, which include but are not limited to:
- You must be 19 years of age or older
- Smoking and vaping of cannabis is prohibited everywhere tobacco smoking and vaping is prohibited, as well as at playgrounds, sports fields and other places where children commonly gather, or an indoor public place
- Consumption of cannabis is prohibited on school properties and in vehicles
There are other restrictions set by the federal Criminal Code and Controlled Drugs and Substances Act. Please make sure you are aware of all restrictions before consuming cannabis in public and/or driving a vehicle.
The federal government allows people to grow up to four plants for home consumption. Does the Municipality have the authority to regulate that?
While the Municipality does have the authority to regulate personal production of cannabis, the intent of this bylaw is to deal with land use related to commercial production, distribution and retail sale of cannabis.
Notice of Public Hearing
Proposed Bylaw
Bowen Island Municipality Land Use Amendment Bylaw No. 455, 2018
The base bylaw being amended is available for inspection at the Bowen Island Municipal Hall.
Council Resolutions
February 13, 2018, RES#18-67
It was Moved and Seconded
That Council direct staff to identify and assess the options available to the municipality for responding to the potential community impacts of the legalization of non-medical cannabis.
CARRIED UNANIMOUSLY
February 26, 2018, RES#18-82
It was Moved and Seconded
That Council direct staff to prepare an amendment to the Land Use Bylaw to include, "No person shall use any land, building, or structure for the sale, production or distribution of cannabis."
CARRIED UNANIMOUSLY
March 26, 2018, RES#18-137
It was Moved and Seconded
That Bylaw No. 455, 2018 cited as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 455, 2018 be read a first time;
That Council refer Bylaw No. 455, 2018 to the Advisory Planning Commission and the Islands Trust; and
That Council direct staff to report back with the results of the referral of the appplication.
CARRIED UNAMINOUSLY
May 28, 2018, RES#18-234
It was Moved and Seconded
That Bylaw 455, 2018, section 3.12 a. be amended to "as a farm use permitted by the Agricultural Land Commission Act Regulations and Policies within the Agricultural Land Reserve."
CARRIED UNANIMOUSLY
RES#18-235
It was Moved and Seconded
That Bylaw No. 455, 2018 cited as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 455, 2018 be read a second time as amended; and
That Council refer Bylaw No. 455, 2018 to a Public Hearing.
CARRIED UNANIMOUSLY
RES#18-236
It was Moved and Seconded
That Council direct the Communications Team to prepare a communication plan to articulate the intent of the Cannabis Bylaw.
CARRIED UNANIMOUSLY
Committee Resolutions
April 16, 2018 – Advisory Planning Commission
It was Moved and Seconded
That the Advisory Planning Commission support Bylaw No. 455, 2018 regarding the regulation of cannabis, as presented at its Monday, April 16, 2018 meeting with the following comment:
That Council not apply unduly restrictive conditions to future commercial applications, including but not limited to, location and process.
CARRIED UNANIMOUSLY
Staff Reports & Presentations
March 26, 2018
Staff Report re: Cannabis Land Use Bylaw Regulations
Presentation re: Cannabis Land Use Bylaw Regulations
May 28, 2018
Public Comments
Submissions from the Public Hearing
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Mr. Glenn Cormier |
Mr. Cormier expressed support, in principle, for enacting a bylaw to assist in regulating Cannabis and concerns with how this process may interact with the Provincial licensing application. |
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Mr. Davis Allen |
Mr. Allen expressed his intent to apply for a micro-producer Cannabis license to produce medicinal Cannabis products on property located across from the main Firehall on Grafton Road. |
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Mrs. Mary-Ann Smith |
Mrs. Smith expressed concern regarding young people having increased access to Cannabis. |
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Mrs. Pat Brawner |
Mrs. Brawner expressed concern allowing Cannabis to be grown on Bowen Island leading to increased availability for misuse and deterioration of the quality of island life. |
Written submissions received up to July 9, 2018
To ensure a fair process, Council cannot consider submissions received after the Public Hearing held on July 9, 2018 ended.
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James Glave re: Cannabis regulation and Land Use Amendment Bylaw No. 455, 2018, dated June 30, 2018 |
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Ken Simpson re Comment on Land Use Amendment Bylaw 455, dated July 4, 2018 |
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Tom Carchrae re Comment on Land Use Amendment Bylaw 455, dated July 4, 2018 |
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Dee Elliott re Cannabis regulation, dated July 4, 2018 |
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Davis Allen re Medical Cannabis production on Bowen Island, dated July 6, 2018 |
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Glenn Cormier re Cannabis Public Hearing July 9, 2018, dated July 8, 2018 |
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John Dowler re Cannabis bylaw, dated July 9, 2018 |
Islands Trust
Last Updated on 2019-06-06 at 11:05 AM