Banff town council heard this week about the future regulatory framework it will have to consider with respect to the legalization of cannabis expected to come into effect later this year.
Banff town council heard this week about the future regulatory framework it will have to consider with respect to the legalization of cannabis expected to come into effect later this year.
With Bill C-45 working its way through the senate from the federal government, and Bill 26 passed in the legislature for Alberta, both valley communities have to consider how to approach the issue within their town's borders.
In Banff, Bylaw 420 heard submissions at a public hearing on Monday (Feb. 12) and in Canmore, council was provided an update on the process the community is moving forward with to consider its responsibilities.
Director of planning and development Randall McKay presented Bylaw 420, which sets out definitions in the Land Use Bylaw related to cannabis legalization.
"This is the first of what will be a series of amendments to the Land Use Bylaw as we await the long anticipated announcement of the federal government to legalize access to cannabis," McKay said. "There will be corresponding provincial legislation that will also come into effect following the release of the federal framework.
"Our approach is to get into the workings of the bylaw to begin with a series of straightforward definitions."
Those definitions include adding cannabis to the bylaw, storefront cannabis retail, cannabis-related and cannabis production facilities. The purpose of the definitions make it clear that a cannabis-related business cannot seek to set up shop in Banff under the definition of a retail store.
"Having these specific uses in the definitions allow the Town to regulate any pending or interim applications," said McKay. "We anticipate a great deal of interest and have been receiving lots of inquiries."
Compass Cannabis president David Martyn spoke at the hearing, and told elected officials that education, public consumption, and zoning are going to be important considerations xfor council.
"There is cannabis in Banff today and I don't think I am going to surprise anybody by saying that," he said.
The company has a clinic location at 229 Bear St. and Martyn said a key part of legalization for his company is providing education to those considering trying cannabis for the first time.
"We would suggest as a council that to licence (retail outlets) it would be important to have standard operating procedures and training for staff," he said. "We think that is an important factor for how it is being retailed in Banff."
Operating hours and minimum distances from alcohol stores and school areas were also mentioned as areas for regulation.
Former town councillor and businessman Stavros Karlos told council the first step to set up a framework is to decide how and what cannabis consumption in Banff would look like.
"It is not a protected right to consume, but a regulated right to consume by society and in our community," Karlos said. "I ask council to create regulations that are right for our community, both as a place where our children grow up and as a destination for international visitors."
But public consumption permitted under the provincial framework in places where tobacco use is permitted, as it is currently written, may not be automatic for Banff or places inside the national park. The legislation states legal cannabis could be consumed in a person's home, and in some public spaces where tobacco is allowed.
Limits to that include near schools, hospitals, sports fields and playgrounds, skateboard and bike parks in an effort to limit second-hand exposure to children.
Because the resort community falls under federal jurisdiction, McKay said amendments to the instruments of entrustment of the incorporation agreement is likely going to be required before cannabis can be consumed legally in the national park.
Changes to provincial legislation don't automatically apply to Banff because of the unique legislative framework it exists within under the incorporation agreement. Recent changes to the Municipal Government Act, for example, don't take effect in that community until the instruments of entrustment are amended as well.
With visitors from around the world coming to Banff on a year-round basis, how use is legislated is going to be important from a tourism perspective, according to a letter submitted at the hearing from Banff Lake Louise Hospitality Association executive director Darren Reeder.
Smoking is not permitted in hotels in Banff currently, and Reeder said it is critical for the municipality to create clarity around where it could be consumed once it is legal for those people visiting the resort destination.
"Without clear definitions of what or where these public spaces may be, it is prudent that the Town of Banff is proactive in creating the definitions and considering where people may engage in the activity to ensure both the rights of those that wish to engage in the recreation use of combustible cannabis products and those that don't engage are equally respected," Reeder wrote.
