Item - 2017.LS21.2

Tracking Status

  • City Council adopted this item on October 2, 2017 with amendments.
  • This item was considered by the Licensing and Standards Committee on September 18, 2017 and adopted without amendment. It will be considered by City Council on October 2, 2017.

LS21.2 - City of Toronto Recommendations for Cannabis Legalization

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on October 2, 3 and 4, 2017, adopted the following:

 

1.  City Council endorse the Province of Ontario's plans for a provincially-operated retail model for cannabis sales that does not permit sales by private entities.

 

2.  City Council request the Province of Ontario, in the development of provincial cannabis regulations, to work with the City of Toronto and the Toronto Police Service to develop appropriate enforcement strategies, including provincially funded and/or provided enforcement to support efforts to eliminate illegal cannabis sales.

 
3.  City Council request the Province of Ontario to ensure that municipal concerns and input form a part of the consideration when determining locations of provincially-operated cannabis retail outlets.

 

4.  City Council request the Government of Canada and the Province of Ontario to ensure that the City of Toronto is adequately funded on a full cost recovery basis for the City's role in implementation and enforcement arising from the legalization of cannabis, including enforcement costs related to the operations of illegal cannabis sales and use.
 

5.  City Council request the Province of Ontario to enhance the City's enforcement authorities and tools to address illegal storefront sales of cannabis through cannabis specific legislation or by amendments to the City of Toronto Act, 2006, the Planning Act, the Provincial Offences Act and/or any other provincial legislation that governs cannabis distribution or consumption to:

 

a.  prohibit storefront sales of cannabis outside the legal regime and provide authorities for the City to enforce the prohibition;

 

b.  authorize and/or establish higher maximum penalties/fines for offences relating to storefront sales of cannabis outside of the legal regime;

 

c.  provide the City with the appropriate authority to effectively combat illegal cannabis storefronts, such as the power to expediently issue or obtain closure orders for premises; and


d.  authorize the City to establish additional regulation and offences to address concerns related to cannabis, including illegal storefront sales, consumption or other nuisance-related concerns, as may be required.

 
6.  City Council request the Province of Ontario to consult with the City when developing regulations related to places of consumption for cannabis and that the Province provide the City with detailed guidance and adequate resources and authorities to enforce regulations.

 
7.  City Council request the Federal Government and the Province of Ontario to consult and actively engage with the City when developing regulations for home cultivation of cannabis with a focus on preventing illegal cannabis grow operations and mitigating community impacts of home cultivation and that the Province provide the City with detailed guidance and adequate resources and authorities to enforce regulations.
 

8.  City Council request the Government of Canada to closely oversee cannabis production sites, ensure rigorous safety and security standards are met, and to ensure that federal licensing is subject to City regulations including that the City can continue to regulate the location of production facilities through zoning.

 
9.  City Council ask the Government of Canada and the Province of Ontario to earmark funding for public education, ongoing research and monitoring on cannabis use and health impacts, and evaluation of the new legal regime.
 

10.  City Council forward its decision to the Province of Ontario's Legalization of Cannabis Secretariat, the Government of Canada's Cannabis Legalization and Regulation Secretariat, the Federation of Canadian Municipalities, and the Association of Municipalities of Ontario.

 
11.  City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the interdivisional cannabis working group, to report back to the appropriate committee once Federal and Provincial governments have finalized the regulatory frameworks for cannabis with recommendations on next steps for the City of Toronto.

 

12. City Council request the Executive Director, Municipal Licensing and Standards to report to the Licensing and Standards Committee no later than 2020 with an update on the implementation of the provincially-operated retail model for cannabis sales.

 

13.  City Council request the Medical Officer of Health to report directly to City Council on the public health implications of places of consumption such as cannabis lounges.

Background Information (Committee)

(September 13, 2017) Report from the Executive Director, Municipal Licensing and Standards on City of Toronto Recommendations for Cannabis Legalization
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-106876.pdf
(September 8, 2017) Report from the Executive Director, Municipal Licensing and Standards on City of Toronto Recommendations for Cannabis Legalization - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-106678.pdf
(September 18, 2017) Presentation from the Executive Director, Municipal Licensing and Standards, on City of Toronto Recommendations for Cannabis Legalization
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-107016.pdf

Communications (Committee)

(September 15, 2017) Letter from Abi Hod, Owner, Hotbox, and Director, Cannabis Friendly Business Association (CFBA) (LS.New.LS21.2.1)
(September 18, 2017) E-mail from Jeff Murray (LS.New.LS21.2.2)
(September 18, 2017) Letter from Tyler James (LS.New.LS21.2.3)
(September 18, 2017) Submission from Kevin Hall, Chief Executive Officer, International Cannabis Solutions, and Executive Director, Chronic Pain Toronto (LS.New.LS21.2.4)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-71935.pdf

Communications (City Council)

(October 2, 2017) E-mail from Lisa Campbell, Cannabis Friendly Business Association (CC.New.LS21.2.5)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-72544.pdf
(October 3, 2017) Submission from Tyler James, Community Outreach and Strategy, EDEN Medicinal Society (CC.New.LS21.2.6)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-72541.pdf
(October 3, 2017) Submission from Tyler James, Director, Ontario Cannabis Consumer Retail Alliance (OCCRA) (CC.New.LS21.2.7)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-72542.pdf
(October 2, 2017) E-mail from Elias Anatolios (CC.New.LS21.2.8)

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Joe Cressy (Carried)

That City Council request the Medical Officer of Health to report directly to City Council on the public health implications of places of consumption such as cannabis lounges.

Vote (Amend Item (Additional)) Oct-04-2017 5:36 PM

Result: Carried Majority Required - LS21.2 - Cressy - motion 1
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 7 Members that were absent are John Campbell, Josh Colle, Michelle Holland, Giorgio Mammoliti, James Pasternak, Neethan Shan, John Tory

2 - Motion to Amend Item (Additional) moved by Councillor Michael Thompson (Carried)

That City Council request the Executive Director, Municipal Licensing and Standards to report to the Licensing and Standards Committee no later than 2020 with an update on the implementation of the provincially-operated retail model for cannabis sales.

Vote (Amend Item (Additional)) Oct-04-2017 5:37 PM

Result: Carried Majority Required - LS21.2 - Thompson - motion 2
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 7 Members that were absent are John Campbell, Josh Colle, Michelle Holland, Giorgio Mammoliti, James Pasternak, Neethan Shan, John Tory

3a - Motion to Amend Item moved by Councillor Cesar Palacio (Carried)

That City Council amend Licensing and Standards Recommendation 5 by deleting the words "applicable statute" and replacing them with the words "provincial legislation that governs cannabis distribution or consumption", and by adding the word "storefront" after the words "address illegal", "Prohibit", "relating to" and "including illegal" so that it now reads as follows:
 

5.  City Council request the Province of Ontario enhance the City's enforcement authorities and tools to address illegal storefront sales of cannabis through cannabis specific legislation or by amendments to the City of Toronto Act, 2006, the Planning Act, the Provincial Offences Act  and/or any other provincial legislation that governs cannabis distribution or consumption to:

 

a.  Prohibit storefront sales of cannabis outside the legal regime and provide authorities for the City to enforce the prohibition;

 

b.  Authorize and/or establish higher maximum penalties/fines for offences relating to storefront sales of cannabis outside of the legal regime;

 

c.  Provide the City with the appropriate authority to effectively combat illegal cannabis storefronts, such as the power to expediently issue or obtain closure orders for premises; and


d.  Authorize the City to establish additional regulation and offences to address concerns related to cannabis, including illegal storefront sales, consumption or other nuisance-related concerns, as may be required.

Vote (Amend Item) Oct-04-2017 5:38 PM

Result: Carried Majority Required - LS21.2 - Palacio - motion 3a
Total members that voted Yes: 30 Members that voted Yes are Paul Ainslie, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 7 Members that voted No are Maria Augimeri, Janet Davis, Jim Karygiannis, Norman Kelly, Chin Lee, Gord Perks, Anthony Perruzza
Total members that were Absent: 7 Members that were absent are John Campbell, Josh Colle, Michelle Holland, Giorgio Mammoliti, James Pasternak, Neethan Shan, John Tory

3b - Motion to Amend Item moved by Councillor Cesar Palacio (Carried)

That City Council amend Licensing and Standards Committee Recommendation 7 so that it now reads as follows:

 

7.  City Council request the Federal Government and the Province of Ontario consult and actively engage with the City when developing regulations for home cultivation of cannabis with a focus on preventing illegal cannabis grow operations and mitigating community impacts of home cultivation and that the Province provide the City with detailed guidance and adequate resources and authorities to enforce regulations.

Vote (Amend Item) Oct-04-2017 5:39 PM

Result: Carried Majority Required - LS21.2 - Palacio - motion 3b
Total members that voted Yes: 21 Members that voted Yes are Paul Ainslie, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Josh Matlow, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson
Total members that voted No: 16 Members that voted No are Maria Augimeri, Shelley Carroll, Joe Cressy, Janet Davis, Frank Di Giorgio, Sarah Doucette, Jim Hart, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that were Absent: 7 Members that were absent are John Campbell, Josh Colle, Michelle Holland, Giorgio Mammoliti, James Pasternak, Neethan Shan, John Tory

Motion to Adopt Item (Carried)

Adoption of Licensing and Standards Committee Recommendation 1:

 

1.  City Council endorse the Province of Ontario's plans for a provincially-operated retail model for cannabis sales that does not permit sales by private entities.

Vote (Adopt Item) Oct-04-2017 5:42 PM

Result: Carried Majority Required - LS21.2 - Adoption of Licensing and Standards Committee Recommendation 1
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Jaye Robinson, David Shiner, John Tory
Total members that voted No: 5 Members that voted No are Jim Hart, Jim Karygiannis, Anthony Perruzza, Michael Thompson, Kristyn Wong-Tam
Total members that were Absent: 7 Members that were absent are John Campbell, Josh Colle, Michelle Holland, Giorgio Mammoliti, Denzil Minnan-Wong, James Pasternak, Neethan Shan

Motion to Adopt Item (Carried)

Adoption of Licensing and Standards Committee Recommendation 2:

 

2.  City Council request the Province of Ontario, in the development of provincial cannabis regulations, work with the City of Toronto and the Toronto Police Service to develop appropriate enforcement strategies, including provincially funded and/or provided enforcement to support efforts to eliminate illegal cannabis sales.

Vote (Adopt Item) Oct-04-2017 5:43 PM

Result: Carried Majority Required - LS21.2 - Adoption of Licensing and Standards Committee Recommendation 2
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory
Total members that voted No: 2 Members that voted No are Gord Perks, Kristyn Wong-Tam
Total members that were Absent: 6 Members that were absent are John Campbell, Josh Colle, Michelle Holland, Giorgio Mammoliti, James Pasternak, Neethan Shan

Motion to Adopt Item (Carried)

Adoption of Licensing and Standards Committee Recommendation 3:

 

3.  City Council request the Province of Ontario to ensure that municipal concerns and input form a part of the consideration when determining locations of provincially-operated cannabis retail outlets.

Vote (Adopt Item) Oct-04-2017 5:44 PM

Result: Carried Majority Required - LS21.2 - Adoption of Licensing and Standards Committee Recommendation 3
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Gord Perks
Total members that were Absent: 6 Members that were absent are John Campbell, Josh Colle, Michelle Holland, Giorgio Mammoliti, James Pasternak, Neethan Shan

Motion to Adopt Item (Carried)

Adoption of Licensing and Standards Committee Recommendation 4:

 

4.  City Council request that the Government of Canada and the Province of Ontario ensure that the City of Toronto is adequately funded on a full cost recovery basis for the City's role in implementation and enforcement arising from the legalization of cannabis, including enforcement costs related to the operations of illegal cannabis sales and use.

Vote (Adopt Item) Oct-04-2017 5:44 PM

Result: Carried Majority Required - LS21.2 - Adoption of Licensing and Standards Committee Recommendation 4
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 6 Members that were absent are John Campbell, Josh Colle, Michelle Holland, Giorgio Mammoliti, James Pasternak, Neethan Shan

Motion to Adopt Item (Carried)

Adoption of Licensing and Standards Committee Recommendation 6:

 

6.  City Council request the Province of Ontario consult with the City when developing regulations related to places of consumption for cannabis and that the Province provide the City with detailed guidance and adequate resources and authorities to enforce regulations.

Vote (Adopt Item) Oct-04-2017 5:46 PM

Result: Carried Majority Required - LS21.2 - Adoption of Licensing and Standards Committee Recommendation 6
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Jim Karygiannis
Total members that were Absent: 6 Members that were absent are John Campbell, Josh Colle, Michelle Holland, Giorgio Mammoliti, James Pasternak, Neethan Shan

Motion to Adopt Item (Carried)

Adoption of Licensing and Standards Committee Recommendation 8:

 

8.  City Council request the Government of Canada closely oversee cannabis production sites, ensure rigorous safety and security standards are met, and ensure that federal licensing is subject to City regulations including that the City can continue to regulate the location of production facilities through zoning.

Vote (Adopt Item) Oct-04-2017 5:46 PM

Result: Carried Majority Required - LS21.2 - Adoption of Licensing and Standards Committee Recommendation 8
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 6 Members that were absent are John Campbell, Josh Colle, Michelle Holland, Giorgio Mammoliti, James Pasternak, Neethan Shan

Motion to Adopt Item (Carried)

Adoption of Licensing and Standards Committee Recommendation 9:

 

9.  City Council ask the Government of Canada and the Province of Ontario to earmark funding for public education, ongoing research and monitoring on cannabis use and health impacts, and evaluation of the new legal regime.

Vote (Adopt Item) Oct-04-2017 5:47 PM

Result: Carried Majority Required - LS21.2 - Adoption of Licensing and Standards Committee Recommendation 9
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 6 Members that were absent are John Campbell, Josh Colle, Michelle Holland, Giorgio Mammoliti, James Pasternak, Neethan Shan

Motion to Adopt Item (Carried)

Adoption of Licensing and Standards Committee Recommendation 10:

 

10.  City Council forward this report to the Province of Ontario's Legalization of Cannabis Secretariat, the Government of Canada's Cannabis Legalization and Regulation Secretariat, the Federation of Canadian Municipalities, and the Association of Municipalities of Ontario.

Vote (Adopt Item) Oct-04-2017 5:48 PM

Result: Carried Majority Required - LS21.2 - Adoption of Licensing and Standards Committee Recommendation 10
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 6 Members that were absent are John Campbell, Josh Colle, Michelle Holland, Giorgio Mammoliti, James Pasternak, Neethan Shan

Motion to Adopt Item (Carried)

Adoption of Licensing and Standards Committee Recommendation 11:

 

11.  City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the interdivisional cannabis working group, report back to the appropriate committee once federal and provincial governments have finalized the regulatory frameworks for cannabis with recommendations on next steps for the City of Toronto.

Vote (Adopt Item) Oct-04-2017 5:49 PM

Result: Carried Majority Required - LS21.2 - Adoption of Licensing and Standards Committee Recommendation 11
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 6 Members that were absent are John Campbell, Josh Colle, Michelle Holland, Giorgio Mammoliti, James Pasternak, Neethan Shan

Point of Order by Councillor Glenn De Baeremaeker

Councillor De Baeremaeker, rising on a Point of Order, stated that he would like the Speaker to rule whether motion 1 by Councillor Cressy is in order or redundant as the report being requested has already been before the Licensing and Standards Committee.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that she would review the motion. Speaker Nunziata subsequently ruled that motion 1 by Councillor Cressy was in order.


Point of Privilege by Councillor Sarah Doucette

Councillor Doucette, rising on a Point of Privilege, stated that Councillor Karygiannis' remarks to the Speaker in the Council Chamber are inappropriate and asked that the Member apologize.


Point of Order by Councillor Gord Perks

Councillor Perks, rising on a Point of Order, stated that Section 27-47 of the Council Procedures By-law indicates that a Member should be given a verbal warning when a Member disobeys the Chair.  Councillor Perks further stated that he would like the Speaker to give Councillor Karygiannis a verbal warning.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Privilege and Order and ruled that she would give a verbal warning in future.

LS21.2 - City of Toronto Recommendations for Cannabis Legalization

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Licensing and Standards Committee recommends that:

 

1.  City Council endorse the Province of Ontario's plans for a provincially-operated retail model for cannabis sales that does not permit sales by private entities.

 

2.  City Council request the Province of Ontario, in the development of provincial cannabis regulations, work with the City of Toronto and the Toronto Police Service to develop appropriate enforcement strategies, including provincially funded and/or provided enforcement to support efforts to eliminate illegal cannabis sales.

 
3.  City Council request the Province of Ontario to ensure that municipal concerns and input form a part of the consideration when determining locations of provincially-operated cannabis retail outlets.

 

4.  City Council request that the Government of Canada and the Province of Ontario ensure that the City of Toronto is adequately funded on a full cost recovery basis for the City's role in implementation and enforcement arising from the legalization of cannabis, including enforcement costs related to the operations of illegal cannabis sales and use.
 

5.  City Council request the Province of Ontario enhance the City's enforcement authorities and tools to address illegal sales of cannabis through cannabis specific legislation or by amendments to the City of Toronto Act, 2006, the Planning Act, the Provincial Offences Act  and/or any other applicable statute to:

 

a.  Prohibit sales of cannabis outside the legal regime and provide authorities for the City to enforce the prohibition;

 

b.  Authorize and/or establish higher maximum penalties/fines for offences relating to sales of cannabis outside of the legal regime;

 

c.  Provide the City with the appropriate authority to effectively combat illegal cannabis storefronts, such as the power to expediently issue or obtain closure orders for premises; and


d.  Authorize the City to establish additional regulation and offences to address concerns related to cannabis, including illegal sales, consumption or other nuisance-related concerns, as may be required.

 
6.  City Council request the Province of Ontario consult with the City when developing regulations related to places of consumption for cannabis and that the Province provide the City with detailed guidance and adequate resources and authorities to enforce regulations.

 
7.  City Council request the Province of Ontario consult with the City when developing regulations for home cultivation of cannabis and that the Province provide the City with detailed guidance and adequate resources and authorities to enforce regulations.
 

8.  City Council request the Government of Canada closely oversee cannabis production sites, ensure rigorous safety and security standards are met, and ensure that federal licensing is subject to City regulations including that the City can continue to regulate the location of production facilities through zoning.

 
9.  City Council ask the Government of Canada and the Province of Ontario to earmark funding for public education, ongoing research and monitoring on cannabis use and health impacts, and evaluation of the new legal regime.
 

10.  City Council forward this report to the Province of Ontario's Legalization of Cannabis Secretariat, the Government of Canada's Cannabis Legalization and Regulation Secretariat, the Federation of Canadian Municipalities, and the Association of Municipalities of Ontario.

 
11.  City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the interdivisional cannabis working group, report back to the appropriate committee once federal and provincial governments have finalized the regulatory frameworks for cannabis with recommendations on next steps for the City of Toronto.

Decision Advice and Other Information

The Executive Director, Municipal Licensing and Standards gave a presentation on the City of Toronto Recommendations for Cannabis Legalization.

Origin

(September 13, 2017) Report from the Executive Director, Municipal Licensing and Standards

Summary

On April 13, 2017, the federal government introduced legislation to legalize and regulate cannabis. If passed, Bill C-45, the Cannabis Act, would impose measures to control access to non-medical cannabis, including fresh and dry cannabis, seedlings and plants, and cannabis oil, through restrictions on age and possession, by establishing criminal penalties for sale of cannabis outside of the legal framework, and by introducing rules around promotion, labelling, and packaging. For now, the federal government has not proposed to permit edible cannabis products.

 

Under the proposed rules, the federal government would regulate cannabis production and the provincial government would regulate cannabis distribution and retail sales. 

 

Throughout the summer, the Province of Ontario has been conducting consultations to determine the potential impacts of cannabis legalization and to inform the future provincial legislation. On September 8, 2017, the provincial government announced its framework for cannabis legalization. The province plans to:

 

- Establish a provincially-operated retail model, with stores operated by a subsidiary to the Liquor Control Board of Ontario (LCBO) that sell only cannabis (no co-location with alcohol);


- Restrict places where cannabis can be used to private residences only;


- Set minimum age of purchase at 19 years old;


- Develop a prevention and harm reduction approach to educate the public;


- Develop an enforcement strategy with municipalities, local police services, the Ontario Provincial Police (OPP) and the federal government to help shut down illegal retailers; and


- Hold an enforcement summit with police, public health experts, and stakeholders to inform enforcement efforts.
 

City staff have convened an interdivisional working group to identify municipal concerns relating to the legalization of cannabis and the resources and tools needed to assist the City in their potential role within the legalized system. The interdivisional group consists of: Municipal Licensing and Standards, Toronto Public Health, City Planning, Toronto Fire Services, Toronto Building, Corporate Finance, Toronto Police Service, City Manager's Office, Economic Development and Culture, and Legal Services.

 

In June 2017, the Board of Health (BOH) adopted recommendations to the provincial and federal governments to consider as they develop and finalize legislation to legalize cannabis. This report builds on and complements recommendations adopted by the BOH.

 

This report supports the province's plan to sell cannabis through a provincially-operated retail model. This model is preferred as it is a stronger regulatory mechanism than a private retail model, and would allow the province to closely oversee the operations of retailers and ensure that they operate in a responsible and accountable manner to uphold public health and safety. A provincially-operated retail model guided by public health objectives and social responsibility would help ensure that public health and safety is paramount, thereby reducing local impacts that would require extensive municipal oversight and enforcement.

 

Further, this report proposes that the City make the following recommendations to the province:

 

- Ensure that the City's concerns are considered when determining locations of cannabis storefronts.


- Commit to fully recover municipal costs of implementing and enforcing the new framework for legalized cannabis.


- Empower the City with municipal enforcement tools to use against storefronts operating illegally.


- Consult with the City when developing regulations for home cultivation of cannabis.
 

Staff will continue to work interdivisionally and with the province to ensure that the City is represented as the provincial government finalizes its plans for legalization. Staff will report to the appropriate committee with recommendations on next steps for the City of Toronto, as needed.

Background Information

(September 13, 2017) Report from the Executive Director, Municipal Licensing and Standards on City of Toronto Recommendations for Cannabis Legalization
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-106876.pdf
(September 8, 2017) Report from the Executive Director, Municipal Licensing and Standards on City of Toronto Recommendations for Cannabis Legalization - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-106678.pdf
(September 18, 2017) Presentation from the Executive Director, Municipal Licensing and Standards, on City of Toronto Recommendations for Cannabis Legalization
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-107016.pdf

Communications

(September 15, 2017) Letter from Abi Hod, Owner, Hotbox, and Director, Cannabis Friendly Business Association (CFBA) (LS.New.LS21.2.1)
(September 18, 2017) E-mail from Jeff Murray (LS.New.LS21.2.2)
(September 18, 2017) Letter from Tyler James (LS.New.LS21.2.3)
(September 18, 2017) Submission from Kevin Hall, Chief Executive Officer, International Cannabis Solutions, and Executive Director, Chronic Pain Toronto (LS.New.LS21.2.4)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-71935.pdf

Speakers

Kevin Hall, Chief Executive Officer, International Cannabis Solutions, and Executive Director, Chronic Pain Toronto
Abi Hod, Director, Cannabis Friendly Business Association (CFBA), and Owner, Roach Box Inc.
Lisa Campbell
Clinton Younge
Shawn Dang, Chief Financial Officer, MMJ Canada - Medical Marijuana Dispensary and Cannabis Clinics
Jamie Shaw
Zoe Brownstone, Quintet Ventures, Inc.
Tyler James, Community Outreach + Strategy, EDEN Medicinal Society - Toronto
Kayla Akarakas, EDEN Medicinal Society - Toronto
Jodie Emery
Miguel Avila, Toronto Copwatch
Patrick Morrison, Kensington Market Business Improvement Area
Jeff Murray
Ben Rispin, Misfit Island Studio/Rispin Productions
Melissa Rolston, President, Team MD
Peta Francis, Vapor Lounge
Alex Newman, Owner, Higher Limits
Tania Cyalume

Motions

1 - Motion to Receive Item moved by Councillor Jim Karygiannis (Out of Order)

That the item be received for information.

Ruling by Councillor Cesar Palacio (Upheld)
Councillor Palacio ruled Councillor Karygiannis's motion out of order, as the staff report contained recommendations and a motion that the Committee receive a report containing recommendations is not permitted under the Council Procedures By-law.
Challenged by Councillor Jim Karygiannis


2 - Motion to Adopt Item moved by Councillor Glenn De Baeremaeker (Carried)

Vote (Adopt Item) Sep-18-2017

Result: Carried Majority Required - Motion 2 moved by Councillor Glenn De Baeremaeker
Total members that voted Yes: 4 Members that voted Yes are Glenn De Baeremaeker, Frank Di Giorgio, Frances Nunziata, Cesar Palacio (Chair)
Total members that voted No: 1 Members that voted No are Jim Karygiannis
Total members that were Absent: 1 Members that were absent are Jon Burnside
Source: Toronto City Clerk at www.toronto.ca/council