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Current Cannabis Regulations
The current regulations within the District of Peachland for cannabis use, sale and cultivation are provided below for your convenience.
In the Province of British Columbia, the Tobacco and Vapour Products Control Act and Tobacco and Vapour Products Control Regulation identify where smoking and vaping can occur in public places and workplaces. The Province has enacted regulations prohibiting the use of tobacco and vapour products at all indoor public places and workplaces. The regulations also set a six-metre zone around all doorways, air intakes and open windows to any substantially enclosed public place or workplace where no one can stand and use tobacco or vapour products. Exemptions to the buffer zone include outdoor hospitality patios where there are no open windows, doors or active air intakes. Patrons of these establishments can smoke or vape as long as the doors to the patio are closed (except for entering/exiting), windows are closed and air intakes within the area are not operating.
The Provincial Regulations are set as a minimum standard and local governments have the authority to place further restrictions on the public use of tobacco and vapour products within their municipal boundaries. On June 28, 2016 Council adopted an amendment to Park Regulation Bylaw No. 2089, 2014 adding provision 27 that ‘No person shall smoke in Children’s play areas, sports fields, undeveloped parks and wilderness trails except in designated areas’. The Bylaw also provides a definition of the “Park”:
“Park” includes all dedicated Public Parks, Municipal Hall grounds, or other lands used for Public Parks, or any public beach or boulevard within the corporate limits of the Corporation of the District of Peachland.
Part 5 Division 3 of the Cannabis Control and Licensing Act regulates the consumption of cannabis in public places. The Act provides minimum standards that must be met and authorizes local governments to further regulate Public Use of cannabis within their jurisdiction. The following provides a brief overview of the minimum standards set by the Act:
1. Consumption is prohibited in or on school property
Health board property:
1. Consumption is only allowed in designated smoking and vaping areas
Outdoor public places:
1. Consumption is prohibited in the following locations:
- a. A skating rink, sports field, swimming pool, playground or skate park
b. A spray pool, wading pool or splash pad
c. A deck, seating area, viewing area or other place used in association with a place listed in (a) or (b)
1. Consumption is prohibited in any of the following places that are fully or substantially (50% or more) enclosed:
a. A ‘Public Place’ defined as any place to which the public has access as of right or by invitation, express or implied, whether or not a fee is charged for entry
b. A workplace, being any place
i. In which a person performs services in return for compensation, or
ii. Used in conjunction with the performance of services in return for compensation, including restrooms, meeting rooms and structures used for breaks
iii. A home based business while services are being preformed
1. Consumption is prohibited in any of the following places:
a. Bus stop, train station or stop, taxi stand, ferry dock or stop, or passenger loading areas
Recreational Cannabis Stores
On February 13, 2018, District Council adopted Bylaw 2211 to amend Zoning Bylaw 2100 to prohibit the sale of cannabis in Peachland. This explicit prohibition of the retail sale of cannabis products provides the District with the opportunity to fully consider the matter. Now that the Provincial government has confirmed its sales and distribution model for cannabis products, the District will explore what amendments to its Zoning Bylaw, and any other bylaws, will be required to regulate where storefront sales of cannabis may be located in the District.
Amendments made to Zoning Bylaw 2100:
"Cannabis Dispensary" means premises used for the sale or consumption of cannabis or related products"
“Retail Store” means premises used for selling or renting goods or merchandise to the ultimate consumer for personal consumption or household use and not for resale purposes and includes convenience stores, household equipment rental, temporary markets and similar uses which are wholly enclosed within a building, and excludes Adult Entertainment stores and Cannabis Dispensaries”
5.8 Prohibited Retail Uses
.1 Cannabis Dispensary
Commercial Cannabis Cultivation
The commercial cultivation of cannabis is a permitted use in the A-1 Zone - Agricultural (ALR) and is subject to compliance with all District Bylaws. No other zones currently permit the commercial cultivation of cannabis.
A-1 Zone - Agricultural (ALR)
Zoning Bylaw 2100