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Mississauga Requires Municipal Licensing of Medical Marihuana Production Facilities

Background

On March 11, 2015, the City of Mississauga (the “City”) enacted a municipal licensing by-law requiring operators of medical marihuana production facilities (“MMPF”) to be licensed by the City.  The municipal licensing requirement is in additional to federal requirements that an MMPF be licensed by Health Canada under the Marihuana for Medical Purposes Regulations (“MMPR”).   Read our WOOD BULLetin on regulating MMPFs through municipal land use planning, available here.

According to the staff report, licensing will assist in protecting public safety by requiring conformity with building, electrical safety and fire codes, in addition to facilitating tracking and monitoring of MMPFs for emergency response by police and fire services.

Licensing By-law Key Provisions

The following are key provisions of the licensing by-law:

  • all MMPFs must be licensed by the City
  • licences must be renewed annually
  • licence applicants are deemed to have granted a right of entry to the City’s Municipal Law Enforcement Officers and Peel Regional Police to inspect the premises at any reasonable time
  • failure to comply with the by-law may result in a special fine of $25,000 for individuals and $50,000 for corporations, in addition to other fines for conviction under the Provincial Offences Act

Licence Application Requirements

A licence application  must include the following:

  • zoning certificate confirming that the use is permitted under the City’s zoning by-law
  • letter from the Fire Chief confirming compliance with the Fire Protection and Prevention Act and the Ontario Fire Code
  • compliance with the Ontario Building Code Act and the Ontario Building Code
  • General Inspection Report issued by the Electrical Safety Authority confirming compliance with Ontario Electrical Safety Code
  • copy of the licence to produce medical marihuana issued by Health Canada pursuant to the MMPR
  • copy of articles of incorporation or partnership declaration, where appropriate
  • proof of insurance
  • licensing fee of $250.00 ($200.00 for renewals)

Grounds for Refusal

The City may refuse to issue or renew a licence or revoke or suspend a licence on various grounds, including:

  • failure to pay a fine for breach of a by-law imposed by a court pursuant to a conviction
  • failure to pay outstanding fees under the licensing by-law
  • including a false statement or information on a licence application
  • failure to meet the requirements of any federal or provincial law or municipal by-law
  • financial position of the applicant
  • past conduct of the applicant or any partner, leading the City to believe on reasonable grounds that the applicant will not carry on the activity for which they are licensed in accordance with any applicable law and with integrity and honesty

The City is required to give written notice of a refusal or revocation/suspension of a licence, setting out the grounds for the decision and include reasonable particulars of the grounds for the decision.

Right of Appeal

An applicant who is refused a licence or whose licence is revoked or suspended, has a right of appeal and  is entitled to a hearing on the merits of the decision. The appeal must be filed with the City Clerk within 10 days of receipt of the decision being appealed from. Appeals are heard by an all citizen panel appointed by Council.