Item - 2019.CC1.4

Tracking Status

  • City Council adopted this item on December 4, 2018 with amendments.

CC1.4 - Provincially-Licensed Cannabis Retail Stores in Toronto

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on December 4, 5 and 13, 2018, adopted the following:

 

1. City Council not opt-out of provincially-licensed cannabis retail stores in Toronto.

 

2. City Council authorize the City Manager, in consultation with the Chief Financial Officer, to negotiate and enter into any required agreements to receive intergovernmental funding for implementation of cannabis legalization, with terms and conditions satisfactory to the Chief Financial Officer and the City Solicitor.

 

3. City Council request the Province of Ontario to provide the City with the regulatory authority to further restrict the location of cannabis retail stores based on proximity to other City-identified uses such as schools, community centres, youth facilities and other cannabis retail stores.

 

4. City Council request the Province of Ontario to provide the revenues to each municipality from the legal sale of cannabis, the revenues to be allotted to municipalities by number of retail outlets in each municipality rather than by population.

 

5. City Council request the Executive Director, Municipal Licensing and Standards in consultation with the Medical Officer of Health, to report to the General Government and Licensing Committee on: 

 

a. possible by-law amendments, including penalties and fines, to prohibit the consumption of lit recreational cannabis in public places in the City of Toronto such as City parks, trails, natural areas, sidewalks and roads, and at least 150 metres from childcare facilities, libraries, community centres, halfway houses, group homes, methadone clinics, harm reduction clinics, mental health facilities, youth counselling services, and other at-risk community places; and

 

b. actions in other Ontario jurisdictions related to prohibiting the consumption of lit cannabis in public places.

Background Information (City Council)

(December 6, 2018) Report from the City Manager on Provincially-Licensed Cannabis Retail Stores in Toronto (CC1.4)
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-122366.pdf

Communications (City Council)

(December 13, 2018) E-mail from John Mutton, President and Chief Executive Officer, Municipal Solutions - Energy and Infrastructure on behalf of Cannapiece Corporation (CC.New.CC1.4.1)
https://www.toronto.ca/legdocs/mmis/2019/cc/comm/communicationfile-88377.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Mayor John Tory (Carried)

That City Council request the Province to provide the City with the regulatory authority to further restrict the location of cannabis retail stores based on proximity to other City-identified uses such as schools, community centres, youth facilities and other cannabis retail stores.

Vote (Amend Item (Additional)) Dec-13-2018 6:36 PM

Result: Carried Majority Required - CC1.4 - Tory - motion 1
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 2 Members that were absent are Shelley Carroll, Jaye Robinson

2a - Motion to Amend Item (Additional) moved by Councillor Jim Karygiannis (Out of Order)

That City Council authorize each Ward Councillor to decide whether to opt-in to provincially licensed cannabis retail stores in their Ward.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 2a out of order as legally the City cannot decide Ward by Ward.


2b - Motion to Amend Item (Additional) moved by Councillor Jim Karygiannis (Lost)

That City Council request the Province of Ontario to permit Council to delegate to each Ward Councillor the authority to decide whether to opt-in to provincially-licensed cannabis retail stores.

Vote (Amend Item (Additional)) Dec-13-2018 6:36 PM

Result: Lost Majority Required - CC1.4 - Karygiannis - motion 2b
Total members that voted Yes: 5 Members that voted Yes are Mike Colle, Jim Karygiannis, Cynthia Lai, Denzil Minnan-Wong, James Pasternak
Total members that voted No: 19 Members that voted No are Paul Ainslie, Ana Bail„o, Brad Bradford, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Mike Layton, Josh Matlow, Jennifer McKelvie, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Shelley Carroll, Jaye Robinson

3 - Motion to Amend Item (Additional) moved by Councillor Joe Cressy (Lost)

That City Council direct the City Manager to report to City Council on the potential for the City of Toronto to own and operate cannabis retail stores.

Vote (Amend Item (Additional)) Dec-13-2018 6:37 PM

Result: Lost Majority Required - CC1.4 - Cressy- motion 3
Total members that voted Yes: 10 Members that voted Yes are Brad Bradford, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Mike Layton, Josh Matlow, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that voted No: 14 Members that voted No are Paul Ainslie, Ana Bail„o, Mike Colle, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Michael Thompson, John Tory
Total members that were Absent: 2 Members that were absent are Shelley Carroll, Jaye Robinson

4 - Motion to Amend Item (Additional) moved by Councillor Cynthia Lai (Lost)

That City Council request the Province to consider restricting the location of cannabis retail stores so that they are at least 500 metres away from educational institutions, recreational facilities, community centres and religious centres.

Vote (Amend Item (Additional)) Dec-13-2018 6:38 PM

Result: Lost (tie) Majority Required - CC1.4 - Lai - motion 4
Total members that voted Yes: 12 Members that voted Yes are Mike Colle, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Josh Matlow, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Michael Thompson, John Tory
Total members that voted No: 12 Members that voted No are Paul Ainslie, Ana Bail„o, Brad Bradford, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mike Layton, Jennifer McKelvie, Gord Perks, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Shelley Carroll, Jaye Robinson

5a - Motion to Amend Item (Additional) moved by Councillor Mike Colle (Carried)

1. City Council request the Executive Director, Municipal Licensing and Standards in consultation with the Medical Officer of Health, to report to the General Government and Licensing Committee on:

 

a. possible by-law amendments, including penalties and fines, to prohibit the consumption of lit recreational cannabis in public places in the City of Toronto such as City parks, trails, natural areas, sidewalks and roads, and at least 150 metres from childcare facilities, libraries, community centres, halfway houses, group homes, methadone clinics, harm reduction clinics, mental health facilities, youth counselling services, and other at-risk community places; and

 

b. actions in other Ontario jurisdictions related to prohibiting the consumption of lit cannabis in public places. 

Vote (Amend Item (Additional)) Dec-13-2018 6:39 PM

Result: Carried Majority Required - CC1.4 - Colle - motion 5a
Total members that voted Yes: 22 Members that voted Yes are Ana Bail„o, Brad Bradford, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Paul Ainslie, Gord Perks
Total members that were Absent: 2 Members that were absent are Shelley Carroll, Jaye Robinson

5b - Motion to Amend Item moved by Councillor Mike Colle (Lost)

That City Council delete Recommendation 1:

 

Recommendation to be deleted:

 

1. City Council not opt-out of provincially-licensed cannabis retail stores in Toronto.

 

and insert the following new recommendation:

 

1. City Council opt-out of provincially-licensed cannabis retail stores in Toronto until such time that Toronto develops a regulatory framework for cannabis, in consultation with the Medical Officer of Health, the Executive Director, Municipal Licensing and Standards and the Chief of Police and City Council direct the City Manager to report to City Council with a proposed regulatory framework at its meeting on January 30 and 31, 2019.

Vote (Amend Item) Dec-13-2018 6:34 PM

Result: Lost Majority Required - CC1.4 - Colle - motion 5b
Total members that voted Yes: 10 Members that voted Yes are Mike Colle, John Filion, Jim Karygiannis, Cynthia Lai, Josh Matlow, James Pasternak, Gord Perks, Anthony Perruzza, John Tory, Kristyn Wong-Tam
Total members that voted No: 14 Members that voted No are Paul Ainslie, Ana Bail„o, Brad Bradford, Gary Crawford, Joe Cressy, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Mike Layton, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), Michael Thompson
Total members that were Absent: 2 Members that were absent are Shelley Carroll, Jaye Robinson

Vote (Amend Item) Dec-13-2018 6:35 PM

Result: Lost Majority Required - CC1.4 - Colle - motion 5b - REVOTE
Total members that voted Yes: 9 Members that voted Yes are Mike Colle, John Filion, Jim Karygiannis, Cynthia Lai, Josh Matlow, James Pasternak, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that voted No: 15 Members that voted No are Paul Ainslie, Ana Bail„o, Brad Bradford, Gary Crawford, Joe Cressy, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Mike Layton, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), Michael Thompson, John Tory
Total members that were Absent: 2 Members that were absent are Shelley Carroll, Jaye Robinson

Motion to Reconsider Vote moved by Councillor Mike Layton (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 5b by Councillor Colle.


6 - Motion to Amend Item (Additional) moved by Councillor Josh Matlow (Lost)

City Council direct the City Manager to report to City Council on the feasibility of requesting the Province of Ontario to grant the City of Toronto exclusive rights to operate cannabis retail stores in the City of Toronto.

Vote (Amend Item (Additional)) Dec-13-2018 6:41 PM

Result: Lost Majority Required - CC1.4 - Matlow - motion 6
Total members that voted Yes: 11 Members that voted Yes are Brad Bradford, Mike Colle, Joe Cressy, John Filion, Paula Fletcher, Jim Karygiannis, Mike Layton, Josh Matlow, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that voted No: 13 Members that voted No are Paul Ainslie, Ana Bail„o, Gary Crawford, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Michael Thompson, John Tory
Total members that were Absent: 2 Members that were absent are Shelley Carroll, Jaye Robinson

7 - Motion to Amend Item (Additional) moved by Councillor Paula Fletcher (Carried)

That City Council request the Province to provide the revenues to each municipality from the legal sale of cannabis, the revenues to be allotted to municipalities by number of retail outlets in each municipality rather than by population.

Vote (Amend Item (Additional)) Dec-13-2018 6:41 PM

Result: Carried Majority Required - CC1.4 - Fletcher - motion 7
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Cynthia Lai
Total members that were Absent: 2 Members that were absent are Shelley Carroll, Jaye Robinson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Dec-13-2018 6:42 PM

Result: Carried Majority Required - CC1.4 - Adopt the item as amended
Total members that voted Yes: 20 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Mike Colle, Gary Crawford, Joe Cressy, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Mike Layton, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are John Filion, Cynthia Lai, Josh Matlow, James Pasternak
Total members that were Absent: 2 Members that were absent are Shelley Carroll, Jaye Robinson

Point of Privilege by Councillor Gord Perks

Councillor Perks, rising on a Point of Privilege, stated that Speaker Nunziata, during questions of staff, had remarked that the proceeds of cannabis sales in Toronto go to Black Lives Matter and that the comment is unacceptable as it impugns an entire group of the City of Toronto and that the Speaker should withdraw her remark.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and ruled that she was simply reading what a sign said at one of the stores in her Ward.

Source: Toronto City Clerk at www.toronto.ca/council