metro vancouver regional district mayors …

July 4, 2018

METRO VANCOUVER REGIONAL DISTRICT

MAYORS COMMITTEE

REGULAR MEETING

Friday, July 6, 2018 1:00 p.m.

28th Floor Boardroom, 4730 Kingsway, Burnaby, British Columbia

R E V I S E D A G E N D A1 1. ADOPTION OF THE AGENDA

1.1 July 6, 2018 Regular Meeting Agenda That the Mayors Committee adopt the agenda for its regular meeting scheduled for July 6, 2018 as circulated.

2. ADOPTION OF THE MINUTES

2.1 July 7, 2017 Regular Meeting Minutes That the Mayors Committee adopt the minutes of its regular meeting held July 7, 2017 as circulated.

3. DELEGATIONS 4. INVITED PRESENTATIONS

4.1 Councillor Kerry Jang, Co-Chair, UBCM Joint Provincial-Local Government Committee on Cannabis Regulation and Gary MacIsaac, Executive Director, UBCM Subject: Union of BC Municipalities (UBCM) Joint Provincial-Local Government Committee on Cannabis Regulation (JCCR) Update

5. REPORTS FROM COMMITTEE OR STAFF

5.1 Commercial Cannabis Production on Agriculture Land Designated Speaker: Heather McNell, Director, Regional Planning and Electoral Area Services, Parks, Planning and Environment and Roger Quan, Director, Air Quality and Climate Change, Parks, Planning and Environment That the MVRD Board receive for information the report dated July 3, 2018, titled “Commercial Cannabis Production on Agricultural Land”.

1 Note: Recommendation is shown under each item, where applicable.

Added

Added

Mayors Committee

Mayors Committee Regular Agenda July 6, 2018

Agenda of 2

6. INFORMATION ITEMS 7. OTHER BUSINESS 8. BUSINESS ARISING FROM DELEGATIONS 9. RESOLUTION TO CLOSE MEETING

Note: The Committee must state by resolution the basis under section 90 of the Community Charter on which the meeting is being closed. If a member wishes to add an item, the basis must be included below.

That the Mayors Committee close its regular meeting scheduled for July 6, 2018 pursuant to the Community Charter provisions, Section 90 (1) (k) and 90 (2) (b) as follows: “90 (1) A part of the meeting may be closed to the public if the subject matter being

considered relates to or is one or more of the following: (k) negotiations and related discussions respecting the proposed provision of

a regional district service that are at their preliminary stages and that, in the view of the board or committee, could reasonably be expected to harm the interests of the regional district if they were held in public; and

90 (2) A part of a meeting must be closed to the public if the subject matter being considered relates to one or more of the following: (b) the consideration of information received and held in confidence relating

to negotiations between the regional district and a provincial government or the federal government or both and a third party.”

10. ADJOURNMENT/CONCLUSION

That the Mayors Committee adjourn/conclude its regular meeting of July 6, 2018.

Membership: Moore, Greg (C) – Port Coquitlam Robertson, Gregor (VC) – Vancouver Baldwin, Wayne – White Rock Becker, John – Pitt Meadows Brodie, Malcolm – Richmond Buhr, Karl – Lions Bay Clay, Mike – Port Moody Corrigan, Derek – Burnaby

Coté, Jonathan – New Westminster Drew, Ralph – Belcarra Froese, Jack – Langley Township Harris, Maria – Electoral Area A Hepner, Linda – Surrey Jackson, Lois – Delta McEwen, John – Anmore Mussatto, Darrell – North Vancouver City

Read, Nicole – Maple Ridge Schaffer, Ted – Langley City Skeels, Murray – Bowen Island Smith, Michael – West Vancouver Stewart, Richard – Coquitlam Walton, Richard – North Vancouver District Williams, Bryce – Tsawwassen

Revised

Mayors Committee

METRO VANCOUVER REGIONAL DISTRICT MAYORS COMMITTEE

Minutes of the Regular Meeting of the Metro Vancouver Regional District (MVRD) Mayors Committee held at 1:05 p.m. on Friday, July 7, 2017 in the 2nd Floor Boardroom, 4330 Kingsway, Burnaby, British Columbia.

MEMBERS PRESENT: Chair, Mayor Greg Moore, Port Coquitlam Vice Chair, Mayor Gregor Robertson, Vancouver Mayor Wayne Baldwin, White Rock Mayor John Becker, Pitt Meadows (arrived at 1:15 p.m.) Mayor Karl Buhr, Lions Bay Mayor Mike Clay, Port Moody Mayor Derek Corrigan, Burnaby Mayor Jonathan Cote, New Westminster Mayor Ralph Drew, Belcarra Director Maria Harris, Electoral Area A Mayor Lois Jackson, Delta Mayor John McEwen, Anmore Mayor Darrell Mussatto, North Vancouver City Mayor Ted Schaffer, Langley City Mayor Murray Skeels, Bowen Island Mayor Michael Smith, West Vancouver Mayor Richard Stewart, Coquitlam Mayor Richard Walton, North Vancouver District

MEMBERS ABSENT: Mayor Malcolm Brodie, Richmond Mayor Linda Hepner, Surrey Mayor Jack Froese, Langley Township Mayor Nicole Read, Maple Ridge Chief Bryce Williams, Tsawwassen

OTHERS PRESENT: Councillor Raymond Louie, Vancouver

STAFF PRESENT: Carol Mason, Chief Administrative Officer Janis Knaupp, Assistant to Regional Committees, Board and Information Services

Minutes of the Regular Meeting of the MVRD Mayors Committee held on Friday, July 7, 2017 Page 1of6

2.1

Mayors Committee

1. ADOPTION OF THE AGENDA

1.1 July 7, 2017 Regular Meeting Agenda

It was MOVED and SECONDED That the Mayors Committee adopt the agenda for its regular meeting scheduled for July 7, 2017 as circulated.

CARRIED

2. ADOPTION OF THE MINUTES

2.1 March 3, 2017 Regular Meeting Minutes

It was MOVED and SECONDED That the Mayors Committee adopt the minutes of its regular meeting held March 3, 2017 as circulated.

CARRIED

3. DELEGATIONS No items presented.

4. INVITED PRESENTATIONS

4.1 Kevin Desmond, Chief Executive Officer, Translink Kevin Desmond, Chief Executive Officer, Translink, provided the Committee with a presentation on the Regional Goods Movement Strategy and Price Transportation System.

1:15 p.m. Mayor Becker arrived at the meeting.

In response to questions, members were informed about: • challenges with varying local regulations and permits across the region • collaboration with the Regional Administrators Advisory Committee • efforts to work with the Province to develop strategies through a coordinated

approach (with provincial roads and highways) • actions in the strategy related to:

o reducing congestion during peak periods o exploring incentives for off-peak delivery o developing a model bylaw for local governments and recommending

bylaw amendments for noise and hours of business o increasing consistency for truck routes across the region including

dangerous goods corridors o implementing the Mayors Council's Plan to expand transit as one part of

the Regional Transportation Strategy

Minutes of the Regular Meeting of the MVRD Mayors Committee held on Friday, July 7, 2017 Page 2 of 6

Mayors Committee

o collecting and sharing data to support decision making, and to identify travel times, routes, and goods and materials being transported

• discussions with Langley Township and Surrey about truck traffic concerns and potential investments for Highway 16 and the 216th Street Interchange

• implementation priorities being to develop the Regional Road Network Strategy (RRNS) and steam line processes to improve freight efficiency

• the Major Road Network being a subset of the RRNS

Members suggested that Translink give consideration to: • local government concerns about freight industry operations, goods

movement, and businesses impacted by traffic congestion during peak hours • actions targeting changes by businesses to address traffic congestion • recognizing that existing truck routes may not be viable options going forward • undergoing a truck count study on major freeways and bridge crossings, and

exploring short-sea shipping opportunities • compiling GPS truck data from private sector business and the Port of

Vancouver to make evidence-based decisions

Presentation material titled "Moving the Economy A Regional Goods Movement Strategy for Metro Vancouver Implementation Priorities" is retained with the July 7, 2017 Mayors Committee agenda.

4.2 Clarence Lai, Manager, Partnerships, Emergency Management, BC and John Leeburn, Co-Chair, IPREM Steering Committee and Chief Administrative Officer, City of Port Coquitlam John Leeburn, Co-Chair, Integrated Partnership for Regional Emergency Management (IPREM) Steering Committee and Chief Administrative Officer, City of Port Coquitlam, and Shannon Peterson, Regional Emergency Planner, Integrated Partnership for Regional Emergency Management in Metro Vancouver, presented the Committee with an update to the /PREM 2016-2020 Strategic Plan.

In response to questions, members were informed about:

• local versus regional emergency management responsibilities and a background of why and how IPREM was established

• Metro Vancouver's regional emergency management function and budget • efforts to explore cost-sharing arrangements for regional exercises

Comments were offered about regional funds being directed to provincial emergency management responsibilities, cost allocation for implementing regional exercises, and about consideration being given to how Electoral Area A fits into plans, specifically UBC and the University Endowment Lands.

Presentation material titled "Update on the IPREM 2016-2020 Strategic Plan" is retained with the July 7, 2017 Mayors Committee agenda.


Mayors Committee

5. REPORTS FROM COMMITTEE OR STAFF

5.1 Integrated Partnership for Regional Emergency Management (IPREM) 5 Year Business Plan and Projects Report dated June 29, 2017 from Greg Smith, General Manager, Corporate Services, providing an update on the Integrated Partnership for Regional Emergency Management (IPREM)'s Five Year Business Plan and Projects.

It was MOVED and SECONDED That the MVRD Board receive for information the report dated, June 29, 2017, titled "Integrated Partnership for Regional Emergency Management (IPREM) Five Year Business Plan and Projects".

CARRIED

5.2 Regional Prosperity Initiative Update Report dated June 29, 2017 from Heather Schoemaker, General Manager, and Ann Rowan, Program Manager Collaboration Initiatives, External Relations, providing an update on the progress of the Regional Prosperity Initiative (RPI).

Members were provided a presentation on a progress update of the RPI.

The Committee commented on the: • lack of a successful, sustainable economic development model • need for provincial participation and funding • importance of strong communications and transparency of expenditures

The Committee suggested consideration be given to: • reviewing the impact of investments made by Metro Vancouver and its

member municipalities leading up to the Vancouver 2010 Winter Olympics

• exploring how local economic development staff fit into the RPI, and recognizing the need for communities to remain competitive in the region

• taking a resilient economic approach to long-term economic growth planning • exercising caution with expectations for securing senior government funding • recognizing obstacles to securing foreign investment due to lack of industrial

land and challenges with goods movement and transportation in the region

In response to questions, members were informed about:

• governance and membership composition • the need to explore models to identify a Metro Vancouver representative,

their role, and whether it should be staff or an elected official • the RPI not being a regional district function and there being no authority to

remunerate participating Board members

• communications with and involvement by the federal government • the RPI being the first initiative to bring together a comprehensive cross

section of partners aimed at working collaboratively


Mayors Committee

• the Toronto Global model which focuses local economic development efforts on assessing the success of and developing existing businesses to improve the export of knowledge and global investments

• benefits from investments made in the Vancouver 2010 Winter Olympics

• Metro Vancouver being the only regional jurisdiction in Canada not receiving federal funding due to lack of a coordinated regional organization

Request of Staff Staff was requested to forward to the Mayors Committee the 2011 Price Water House Cooper summary commerce report on foreign-direct investment from the Vancouver 2010 Winter Olympics.

Members were provided with a presentation on progress made on the Regional Mobile Business License Initiative and informed about efforts towards developing a template bylaw, an agreement, and business modeling.

Comments were offered about identifying when and where Electoral Area A (specifically UBC) is included in plans, and the need to consider how a change in licensing fees could impact small municipalities with mainly residential land use.

Members were provided with a presentation on efforts to develop a Regional Registration Portal for Filming Initiative, and were informed about the July 2017 sub-regional dialogues, and September 2017 Regional Prosperity Forum.

The Committee commented on giving future consideration to exploring popular filming areas outside of Metro Vancouver, such as Howe Sound, and opportunities to collaborate with adjacent regional districts.

Presentation material titled "Regional Prosperity Initiative Update" is retained with the July 7, 2017 Mayors Committee agenda.

It was MOVED and SECONDED

That the Mayors Committee receive for information the report dated June 29, 2017, titled "Regional Prosperity Initiative Update."

CARRIED

5.3 Launch of Regional Employers Services (RES) and RES360

Report dated June 12, 2017 from Jacquie Griffiths, Director, Regional Employers Services, providing an update on the launch of Regional Employers Services (RES) and RES360.


That the MVRD Board receive for information the report dated June 12, 2017, titled "Launch of Regional Employers Services (RES) and RES360."

CARRIED


Mayors Committee

6. INFORMATION ITEMS


That the Mayors Committee receive for information the following Information Items: 6.1 Translink's "Moving the Economy - A Regional Goods Movement Strategy for

Metro Vancouver- Strategies and Actions", dated June 2017 6.2 Translink's "Moving the Economy - A Regional Goods Movement Strategy for

Metro Vancouver - Context and Background" dated June 2017 6.3 Greater Vancouver Urban Freight Council (GVUFC) Terms of Reference dated

May 2, 2017

7. OTHER BUSINESS No items presented.

8. BUSINESS ARISING FROM DELEGATIONS No items presented.

9. RESOLUTION TO CLOSE MEETING


CARRIED

That the Mayors Committee close its regular meeting scheduled for July 7, 2017 pursuant to the Community Charter provisions, Section 90 (1) (c) as follows: "90 (1) A part of the meeting may be closed to the public if the subject matter being

considered relates to or is one or more of the following: (c) labour relations or other employee relations".

CARRIED

10. ADJOURNMENT /CONCLUSION


That the Mayors Committee adjourn its regular meeting of July 7, 2017.

22431203 FINAL

CARRIED (Time: 3:15 p.m.)

Gre@C1


Mayors Committee

25919822

To: Mayors Committee

From: Heather McNell, Director of Regional Planning and Electoral Area Services, Parks,

Planning and Environment Department Roger Quan, Director, Air Quality and Climate Change, Parks, Planning and

Environment Department Date: July 3, 2018 Meeting Date: July 6, 2018 Subject: Commercial Cannabis Production on Agricultural Land RECOMMENDATION That the MVRD Board receive for information the report dated July 3, 2018, titled “Commercial Cannabis Production on Agricultural Land”. PURPOSE To respond to the MVRD Board’s request to refer the matter of cannabis production on agricultural or industrial lands to the July 6, 2018 Mayors Committee meeting. BACKGROUND At its meeting of June 22, 2018, the MVRD Board discussed the issue of commercial cannabis production on agricultural land and identified concerns regarding air quality, odour, the location of commercial facilities on agricultural land and potential environmental impacts. The Board passed the following resolution:

That the MVRD Board refer the matter of cannabis production on agricultural or industrial lands to the July 6, 2018 Mayors Committee meeting, invite the UBCM to attend, and report back to the MVRD Board at its July 27, 2018 meeting.

The issue of commercial production of cannabis on agricultural land came before the Board in late 2014 via an opportunity to provide comments on the Ministry of Agriculture’s Bylaw Standards on Medical Marihuana Production Facilities in the Agricultural Land Reserve. On October 24, 2014 the Board passed the following resolution:

That the GVRD Board endorse the Metro Vancouver comments attached to the report dated October 17, 2014, titled "Metro Vancouver Comments on the Ministry of Agriculture's Proposed Bylaw Standards on Medical Marihuana Production Facilities in the ALR" and direct staff to submit them to the Ministry of Agriculture by October 26, 2014.

Those comments are attached (Attachment).

5.1

Mayors Committee

Commercial Cannabis Production on Agricultural Land Mayors Committee Regular Meeting: July 6, 2018

Page 2 of 5

METRO VANCOUVER’S 2014 COMMENTS REGARDING THE PRODUCTION OF CANNABIS ON AGRICULTURAL LAND In the Board endorsed comments provided to the Province in 2014, Metro Vancouver expressed concern about the implications of allowing large‐scale medical marihuana production on agricultural land. The program requirements being proposed by the Province at the time translated into production facilities with a highly built‐out development style, significant security requirements and costs, and inefficient policing and fire response realities given the location of sites outside the Urban Containment Boundary. The comments reflected the position that these facilities would be better located on industrial land (akin to other pharmaceutical production). The letter from Metro Vancouver requested that the Ministry of Agriculture reverse the policy direction determining that medical marihuana production is an approved farm use and appropriate on ALR land. Additionally, the comments stated that:

• Further guidance is required to assist local governments on the areas of police and fire response capacity and times, additional fire suppression requirements, setback distances from schools and daycares, appropriate fencing, lighting and landscaping, and parking requirements;

• Clarity is needed on how solid, organic waste is to be addressed; • That monitoring and enforcement of the provincial regulations should remain a provincial

responsibility; • Requiring the issuance of a business license prior to operate could be problematic as some

local governments do not have business license requirements for agricultural operations; • Metro Vancouver supports the provision that no minimum lot size is required, and any

impacts can be addressed through bylaw provisions; and • Metro Vancouver supports requirements for stormwater management and agricultural liquid

waste management plans, however consideration should be given to more specific thresholds such as volume and concentrations of containments.

However, as noted, these comments were in response to the BC Ministry of Agriculture’s draft Bylaw Standards on Medical Marihuana Production Facilities in the ALR. The regulations regarding cannabis production are changing as a result of the federal Cannabis Act receiving royal assent on June 21, 2018 and coming into force on October 17, 2018. The regulations for the Cannabis Act have been released and confirm that cannabis production will be permitted in greenhouses and outdoors as opposed to only in highly secure indoor facilities as was the case for medical marihuana production pre‐legalization. The regulations state that if produced in a building, “the building must be equipped with a system that filters air to prevent the escape of odours”. Provinces and territories are responsible for determining how cannabis is distributed and sold within their jurisdictions. They will need to set rules regarding how cannabis can be sold, where stores may be located, and how stores must be operated. They will also have the flexibility to set added

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restrictions including: lowering possession limits, increasing the minimum age, restricting where cannabis may be used in public, and setting added requirements on personal cultivation. The Province of BC has responded to those issues through its Public Safety function. AIR QUALITY AND ODOUR MANAGEMENT Under Section 31 of the BC Environmental Management Act, Metro Vancouver has the delegated authority for air quality management within the Metro Vancouver region. The Board “may, by bylaw, prohibit, regulate and otherwise control and prevent the discharge of air contaminants”. Metro Vancouver exercises its air quality regulatory authority with a system of air quality permits that apply to individual facilities, or sectoral regulations that apply to groups of similar sources. In November 2017, the MVRD Board directed staff to initiate consultation on an expanded regulatory approach to managing odour in Metro Vancouver. An expanded set of regulatory approaches was needed, in light of the unprecedented number of complaints that were being received about composting facilities. More recently, as discussed at the June 22, 2018 Board meeting, staff have been dealing with an increased number of odour complaints related to cannabis cultivation facilities. Staff will be reporting back to the Climate Action Committee at its July 4, 2018 meeting on the results of consultation on the odour framework. In that report, staff will be seeking Board direction to develop regulatory proposals to enhance the management of odour. One of the proposed approaches in the report is the development of proposed new sectoral regulations. Cannabis cultivation facilities are specifically named as the subject of a proposed new regulation. The comments provided to the Province in 2014 reflected the position that cannabis cultivation facilities would be better located on industrial rather than agricultural land. Historically, from an air quality perspective, efforts to manage emissions from agricultural operations have been complicated by Right to Farm legislation, where normal farm practices are protected and a farmer is not liable in nuisance to any person for any odour, noise, dust or other disturbance resulting from the farm operation. The July 2018 staff report to the Climate Action Committee recognizes that the odour management framework needs to be enhanced, and that odour must be managed regardless of location. Staff have initiated discussions with provincial and federal agencies, and with counterparts in the State of Washington, about the cannabis issue. In addition to odour and other air contaminants, there are also concerns about noise and light. There is a concern about increased emissions of nitrogen oxides from boilers, and volatile organic compounds (specifically, terpene emissions); together these emissions can react in the atmosphere and lead to secondary formation of ground‐level ozone in the airshed. Metro Vancouver’s air quality program has placed a priority emphasis on managing ground‐level ozone for decades. Concerns have also been expressed about the odour masking agents that are being used by some facilities. Agencies in Washington State have advised that best practices for cannabis cultivation facilities include full enclosures, with greenhouse operations kept under negative pressure, such that emissions can be captured and directed to suitable control technologies, such as activated carbon filters or bio‐filters.

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INDUSTRIAL LANDS STRATEGY TASK FORCE In early 2018, the Chair of the Metro Vancouver Board struck the Industrial Lands Strategy Task Force to guide the development of a Regional Industrial Lands Strategy. Through this process, the issue of agri‐industrial uses and their location on ALR lands and/or lands designated for industrial activities will being addressed. This issue has also been raised by the Agricultural Advisory Committee and discussions will also continue at that committee. LOCAL GOVERNMENT CONTEXT The Union of British Columbia Municipalities (UBCM) has established a Joint Provincial‐Local Government Committee on Cannabis Regulation (JCCR). The JCCR has been meeting to discuss local government concerns, and provide input towards the provincial regulatory framework. UBCM has contracted a study to examine local government costs, projected revenue and case studies related to cannabis excise tax revenue sharing. The JCCR is addressing the following issues:

• Minimum age to buy, grow and possess non‐medical cannabis; • Personal possession limits for adults and youth; • Public consumption (e.g. smoking, vaping); • Drug‐impaired driving regulations; • Personal cultivation (number of plants, location, security, etc.); • Distribution model; and, • Retail model.

The JCCR is not focusing on the siting and characteristics of commercial cannabis production facilities. However, several member jurisdictions are interested in and working on the issue. The City of Delta put the following resolution forward to the LMLGA regarding the Legalization of Cannabis and Protecting Agricultural Land for Food Production:

Whereas legalized cannabis has the potential to displace traditional food crop cultivation; And whereas only 1.1% of the land area in BC is prime agricultural land, and this land is needed for food security and to reduce British Columbia’s reliance on imported produce; And whereas the commercial cultivation of cannabis can be undertaken in industrial warehouses located in established industrial areas: Therefore, be it resolved that the provincial government be requested to prohibit or place restrictions on the use of ALR land for cannabis cultivation.

This resolution was endorsed at the May 2018 annual conference and will be forwarded to UBCM in September. ALTERNATIVES As this is an information report, no alternatives are provided.

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FINANCIAL IMPLICATIONS There are no financial implications to this report. SUMMARY / CONCLUSION At the June 22, 2018 MVRD Board meeting, the issue of commercial cannabis production on agricultural land was raised as well as concerns regarding air quality, odour, the location of commercial facilities on agricultural land and potential environmental impacts. The Board requested the matter be referred to the July 6, 2018 Mayors Committee meeting. The issue of commercial production of cannabis on agricultural land came before the Board in late 2014 and at that time, the Board opposed medical marihuana production as an approved farm use on land in the Agricultural Land Reserve. In November 2017, the MVRD Board directed staff to initiate consultation on an expanded regulatory approach to managing odour in Metro Vancouver with consideration of the unprecedented number of complaints that were being received about composting facilities. And, more recently, staff have been dealing with an increased number of odour complaints related to cannabis cultivation facilities. Staff are reporting back to the Climate Action Committee at its July 4, 2018 meeting on the results of consultation on the odour framework and will be seeking Board direction to develop regulatory proposals to enhance the management of odour, including for cannabis cultivation facilities. In addition, the Industrial Lands Strategy Task Force will be addressing the challenge of siting agri‐industrial uses on agricultural or industrial lands. Several local governments are concerned about the location of cannabis cultivation facilities, and recently the LMLGA passed a resolution to prohibit or place restriction on the use of ALR land for cannabis cultivation. It is expected that this resolution will advance to UBCM. Attachment (Doc #25938115) Correspondence dated October 24, 2014 re Metro Vancouver Comments on the Ministry of Agriculture’s Proposed Bylaw Standards Regulating Medical Marihuana Production Facilities in the ALR Reference October 24, 2014 GVRD Board Agenda − Report E6.4 titled “Metro Vancouver Comments on the Ministry of Agriculture’s Proposed Bylaw Standards on Medical Marihuana Production Facilities in the ALR”: http://www.metrovancouver.org/boards/GVRD/RD_Oct‐24‐2014_AGE_REVISED.pdf 25919822

Mayors Committee

http://www.metrovancouver.org/boards/GVRD/RD_Oct-24-2014_AGE_REVISED.pdf

ION

October 24, 2014

Medical Marihuana Production Facilities in the ALR Consultation Ministry of Agriculture PO Box 9120 Stn Prov Govt Victoria, BC V8W 9B4

Dear Mr. van Dalfsen:

Planning, Policy and Environment Tel. 604.432 6350 Fax 604.432 6296

File: CR-07-02-ALA

Re: Metro Vancouver Comments on the Ministry of Agriculture's Proposed Bylaw Standards Regulating Medical Marijuana Production Facilities in the ALR, dated September 15, 2014

Metro Vancouver appreciates the opportunity to comment on the Ministry of Agriculture's Proposed Bylaw Standards on Medical Marihuana Production Facilities in the Agricultural Land Reserve. While Metro Vancouver is pleased to submit our comments on the consultation questions, the Ministry's decision to limit consultation to a six-week period has made it difficult for Metro Vancouver and member municipalities to effectively participate. A more fulsome dialogue is essential to ensure that local government remains an effective partner in efforts to preserve the long-term integrity of the Agricultural Land Reserve (ALR). Residents in this region are very concerned about the future of the ALR and its critical role in food production.

Metro Vancouver is concerned about the implications of permitting large-scale medical marihuana production on agricultural land. The MMPR program requirements translate into a highly built-out development style with significant security requirements and costs, and results in development that is better suited to industrial sites. They also result in policing and fire response realities that are inefficient for sites located outside the Urban Containment Boundary on agricultural lands. Similarly, there are also concerns that the requirement by the Province to allow medical marihuana production on ALR land creates a potential conflict with local and regional land use planning objectives and potentially impacts the safety of residents.

As a result, Metro Vancouver requests that the Ministry of Agriculture reverse the policy direction determining that medical marihuana production is an approved farm use and appropriate on ALR land. Any consequential changes to legislation should be implemented.

Given that the Province has indicated that it will be proceeding to finalize Bylaw Standards by December, 2014, irrespective of the views of local governments, Metro Vancouver is providing comments on the criteria and Draft Bylaw Standards (Attachment). Metro Vancouver's comments were endorsed by the Greater Vancouver Regional District Board of Directors at its meeting on October 24, 2014.

10395497 4330 Kingsway, Burnaby, BC, Canada VSH 4G8 • 604-432-6200 • www.metrovancouver.org

Greater Vancouver Regional District • Greater Vancouver Water District • Greater Vancouver Sewerage and Drainage District • Metro Vancouver Housing Corporation

ATTACHMENT

Mayors Committee

Yours truly,

Allan Neilson

Metro Vancouver Comments on the Ministry of Agriculture's Proposed Bylaw Standards Regulating Medical Marijuana Production Facilities in the ALR, dated September 1S, 2014

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General Manager of Planning, Policy and Environment

Attachment: Metro Vancouver Comments on the Ministry of Agriculture's Proposed Bylaw Standards Regulating Medical Marijuana Production Facilities in the ALR, dated September 15, 2014.

Mayors Committee

Metro Vancouver Comments on the Ministry of Agriculture's Proposed Bylaw Standards Regulating Medical Marihuana Production Facilities in the ALR, dated September 15, 2014

Further Guidance Required To assist local governments in developing appropriate regulations where needed, further guidance is required on the following issues:

• appropriate fencing, lighting and landscaping requirements for the perimeter of the lot;

• police response time; • fire suppression and appropriate fire response time; • setback distance from schools and daycares, to help prevent use conflicts; • clarity on building setbacks; and • employee parking requirements.

In addition, proponents must contact Metro Vancouver prior to discharging into the air or sanitary sewer to assess whether an authorization or permit is required under Metro Vancouver's bylaws. It is unclear how organic, solid waste will be managed at these facilities. This issue should be clarified. Additional information is also required to clarify the quantity of medical marihuana products that are anticipated to be required. The Bylaw Standards should include a clause clarifying that they will be reviewed periodically (e.g., every five years) to assess their effectiveness.

Enforcement Given that these are federally and provincially created regulations, further clarification is also required on how the regulations are to be monitored and enforced. Enforcement of existing provincial regulations in the Agricultural Land Reserve is already inadequately addressed. Metro Vancouver asserts that this role should remain with provincial agencies.

Draft Bylaw Criteria Minimum lot size- no minimum lot size Comment: Concerns such as the compatibility of adjacent land uses are best addressed through minimum and maximum setbacks, maximum lot coverage and adherence to normal farm practices, rather than through minimum parcel sizes. Smaller parcel sizes are not necessarily synonymous with potential conflicts with adjacent land uses. Metro Vancouver supports the provision that no minimum lot size is required.

Lot Coverage- 35% maximum Comment: The proposed maximum building lot coverage of 35% is consistent with the Ministry's Bylaw Guide with the aim to minimize stormwater run-off and encourage rainwater infiltration into adjacent soils.

Stormwater and Agricultural Liquid Management Plan Comment: These two issues should be addressed separately.

Municipalities have a range of approaches to stormwater management in the ALR, depending on site characteristics. These approaches span from no regulation to requiring Integrated Stormwater Management Plans when a development proposal comes forward.

10395497

Mayors Committee

Metro Vancouver Comments on the Ministry of Agriculture's Proposed Bylaw Standards Regulating Medical Marijuana Production Facilities in the AlR, dated September 15, 2014

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Management of liquid wastewater is a significant concern for member municipalities and Metro Vancouver. Accordingly, requiring a Liquid Waste Management Plan is supported. This concern is particularly true for properties connected to the GVS&DD; a sewer discharge permit may be required depending on the types and volume of agricultural effluents. Each proponent is required to seek an authorization prior to discharging into the GVS&DD. To better assess the potential impacts, the threshold for requiring a Liquid Waste Management Plan should more accurately reflect the components of concern (e.g. phosphorous concentrations, and proposed volumes) rather than being based on a building square foot basis or percent of lot coverage.

Height Limitations- 15 metre maximum Comment: The draft Bylaw Standards are unclear. Clarify the intent of the provision is either to apply to all buildings or apply to just farm buildings. Further, there appears to be limited planning rationale for limiting the height of farm buildings to 15 metres, other than to help provide consistency and standardization with any existing agricultural activities. The Ministry's own Bylaw Guide notes: "Local governments are encouraged to exclude farm buildings from restrictions on height". Taller buildings may encourage smaller footprint agricultural buildings and minimizing impervious surfaces.

Building Setbacks -15 to 30 metre maximum from lot lines Comment: The Draft Bylaw Standards are unclear. If the intent of the provision is to propose a 15 -30 metre maximum setback to refrain from proposing a minimum distance, the language should be changed to clarify. A minimum distance from lot lines should also be provided. Establishing a minimum and maximum building setback from lot lines helps to retain larger contiguous areas in support of farming activities. It also supports good access for security patrols and police and fire response. Appropriate building setback distances can help prevent nuisance conflicts, and safeguard human health. However, excessive setbacks can present serious challenges to farming operations and limit the utilization potential of the lands.

Setbacks from Watercourses- 30 metre setback from any watercourse Comment: The proposed distance is generally consistent with the provincial riparian areas regulation.

Business Licences- Required to operate Comment: Although there are many advantages to business licence requirement, requiring business licences may not be appropriate for all local governments. Business licences can be burdensome to administer and enforce, and not all local governments have a business licence service in agricultural areas. Business licences are often used to control hours of operation and managing visitors, neither of which apply to medical marihuana production facilities.

Edge planning setback- 100 metre maximum from urban/ALR boundary Comment: There is no minimum distance provided for guidance. The 100 metre maximum will reduce land use conflicts and minimize nuisance complaints. This provision may result in some lots being unbuildable. It should be clarified that this 100m maximum would apply on the ALR side of the boundary and not the urban side of the boundary.

Mayors Committee

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