Cannabis Production Land Use Review

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On December 17, 2019, Welland City Council passed a notice of motion to enact an Interim Control By-law (ICB 2019-162) which would prohibit the use of land, buildings or structures for cannabis cultivation, production, and processing operations for a period of one (1) year. The motion also directed City staff to conduct a full review of the current Zoning By-law requirements as they related to cannabis operation purposes and to ensure that the City’s policies are in-line with current Provincial and Federal legislation and municipal best practices.

As per Section 38(1) of the Planning Act, as amended, municipalities are permitted to put a temporary freeze on new land uses while the municipality is studying or reviewing its policies. The freeze can be imposed for only a year, with a maximum extension of another year. On December 15, 2020, Council passed a By-law to extend ICB 2019-162 to December 17, 2021, to allow for a more comprehensive review to be undertaken.

In Canada, the commercial growth of cannabis is permitted by the Cannabis Act. There are a number of licences that can be applied for under the Act including Cultivation, Processing, Analytical Testing, Sale, Research, and Cannabis Drug Licence.

To date staff have carried out an extensive land use review and examined the opportunities for the City of Welland to regulate land use related to commercial growth, processing, analyzing and medical sales of cannabis permitted under the Cannabis Act. Staff are now prepared to initiate a consultation with the public and all relevant stakeholders to assist in assessing and recommending changes to the Zoning By-law, as needed, to regulate cannabis production as land use.


On December 17, 2019, Welland City Council passed a notice of motion to enact an Interim Control By-law (ICB 2019-162) which would prohibit the use of land, buildings or structures for cannabis cultivation, production, and processing operations for a period of one (1) year. The motion also directed City staff to conduct a full review of the current Zoning By-law requirements as they related to cannabis operation purposes and to ensure that the City’s policies are in-line with current Provincial and Federal legislation and municipal best practices.

As per Section 38(1) of the Planning Act, as amended, municipalities are permitted to put a temporary freeze on new land uses while the municipality is studying or reviewing its policies. The freeze can be imposed for only a year, with a maximum extension of another year. On December 15, 2020, Council passed a By-law to extend ICB 2019-162 to December 17, 2021, to allow for a more comprehensive review to be undertaken.

In Canada, the commercial growth of cannabis is permitted by the Cannabis Act. There are a number of licences that can be applied for under the Act including Cultivation, Processing, Analytical Testing, Sale, Research, and Cannabis Drug Licence.

To date staff have carried out an extensive land use review and examined the opportunities for the City of Welland to regulate land use related to commercial growth, processing, analyzing and medical sales of cannabis permitted under the Cannabis Act. Staff are now prepared to initiate a consultation with the public and all relevant stakeholders to assist in assessing and recommending changes to the Zoning By-law, as needed, to regulate cannabis production as land use.

Page last updated: 13 September 2021, 07:07