COUNCIL AGENDA REPORT

Transcription

1 COUNCIL AGENDA REPORT Meeting Date: 4 July 2017 Subject: Boards Routed Through: Date: Alberta Cannabis Framework Issue: Council is being provided with an overview of the Alberta Canabis Framework and is being asked to endorse the City of Airdrie s input into Phase One of the consultations. Background: Federal Legislation On April 13, 2017, the Government of Canada introduced legislation to legalize the sale and use of cannabis. Subsequently, the Government of Alberta recently released the Alberta Cannabis Framework and initiated a public consultation process to collect information on various aspects under provincial and municipal jurisdictions. Bill C-45 Cannabis Act and Bill C-46 An Act to Amend the Criminal Code are currently in the House of Commons process. The Government intends for the legislation to be in effect July The federal legislation, when passed, will: allow adults to possess up to 30 grams of legally-produced cannabis; allow adults to grow up to four cannabis plants per household; set the minimum age for purchase and use at 18, with the option for provinces to increase the age limit; enable a regulatory regime for the licensed production of cannabis, controlled by the federal government; enable a regulatory regime for the distribution and sale of cannabis, controlled by provincial governments; and

2 establish new provisions to address drug-impaired driving. Legalization of Cannabis Current State Cannabis is currently an illegal substance under the federal Controlled Drugs and Substances Act. An exception is made for cannabis sale and use for medical purposes. Alberta Cannabis Framework In response to the introduction of Bills C-45 and C-46 at the federal level, the Government of Alberta introduced its Cannabis Framework in late spring. The Framework will set out Alberta s approach to the legalization of cannabis. From the Cannabis Framework website ( The Government of Alberta has an obligation and an opportunity to actively shape how the province will adapt to cannabis legalization in a way that best suits Albertans needs, circumstances and values. Our focus is on: limiting the illegal market for cannabis keeping cannabis out of the hands of children and youth protecting public health protecting safety on roads, in workplaces and in public space To do this, government will continue to assess the implications of legalization, engage with a wide range of Albertans to hear their views and determine their needs, and respond in a way that makes the most sense for the province. This will include: Developing a made-in-alberta policy approach to address provincial aspects of legalization the Alberta Cannabis Framework. Advocating to the federal government on behalf of Albertans on issues of concern or uncertainty. Working with provincial and territorial colleagues to develop common approaches (where feasible) to issues where it makes sense to have consistency across the country. Supporting municipal and indigenous governments with the tools and information they need to decide issues within their jurisdiction in accordance with local needs. Focus of Current Discussions The focus of this report is not whether the sale and use of cannabis should be legal or illegal. The Government of Canada has determined, by way of introduction of legislation, that the distribution, sale and use will be legal within certain parameters. This report and Council discussion is focussed on informing the Government of Alberta s Cannabis Framework and on the regulatory environment that the City of Airdrie needs to have in place to ensure that local bylaws, regulations and policies are ready to address the reality of legalization in less than one year.

3 It should be noted that there may be some ability to recover costs associated with regulation through fees at the municipal level as well as tax sharing agreements with other levels of government. Input will be sought from municipalities in Phase Two consultations of the Alberta Cannabis Framework. Currently, this is not part of the conversation. Provincial and Municipal Jurisdictions Many of the provisions in the legalization of cannabis regulatory framework fall under federal jurisdiction from a national licensing perspective and the creation of laws enabling provinces/territories to address items under their jurisdictions. Areas under provincial jurisdiction include: Legal age Drug-impaired driving Public health and education Taxation Workplace safety Distribution and wholesaling Retail model, location and rules Regulatory compliance Public consumption In addition, there are few areas that also fall jointly under municipal jurisdiction: Education Taxation/Licensing fees Retail location and rules Public consumption Land use/zoning Alberta Cannabis Framework Phase One Consultations During this first stage of public engagement, the Government of Alberta is gathering input on the following topics: Legal age should it be older than the federal minimum legal age of 18? Purchasing cannabis how will it be distributed and where will it be sold? Using cannabis in public where can it be consumed and under what circumstances?

4 Safe roads and workplaces should Alberta create new impaired driving laws and how should it be treated in the workplace? The focus of the Council presentation will be on these four areas. Administration met on June 19, 2017 to review and discuss these issues. A summary of staff feedback will be presented to Council on July 4, 2017 in conjunction with collecting input from Council that will inform the City of Airdrie s response to the Alberta Cannabis Framework Phase One consultations. Phase One feedback is due July 31, Next Steps The Government of Alberta is encouraging all Albertans to participate in Phase One consultations. The online survey, which takes between minutes to complete, is available at alberta.ca/cannabis Phase Two consultations on other matters under provincial jurisdiction, will take place later this summer and into fall. A Bill will be introduced for debate in the Alberta Legislature following the second round of consultations. In the spring of 2018 municipalities will need to alter applicable bylaws to meet federal and provincial legislation. The sale and use of cannabis will be legal in Canada, under certain restrictions, in July Alignment with AirdrieONE: Boards Routed Through: Alternatives/Implications: Council has two alternatives to consider with respect to this report: 1: Council can direct staff to submit feedback to the Alberta Cannabis Framework Phase One consultations containing some or all of the issues outlined in the July 4, 2017 Council presentation and discussion. This will allow for City of Airdrie feedback to be considered in the development of the Framework as well as any accompanying legislation. 2: Council can choose to not participate in the Alberta Cannabis Framework Phase One consultations. City of Airdrie input will not be considered in the Framework or in the final legislation. Communications Plan:

5 Recommendation: That Council directs staff to submit feedback to the Alberta Cannabis Framework Phase One consultations containing some or all of the issues outlined in the July 4, 2017 Council presentation and discussion. Leona Esau Intergovernmental Liaison Presenter: Leona Esau Department: CAO Reviewed by: Paul Schulz, Sharon Pollyck Attachments: Attachment #1: Summary of Alberta Cannabis Framework Phase One Consultation Questions Appointment: