ARCHIVED - Compliance with Local Laws - Information Bulletin
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To Licensed Producers of Marijuana for Medical Purposes and Applicants
The purpose of this information bulletin is to clarify Health Canada's expectation that licensed producers and licensed producer applicants under the Marihuana for Medical Purposes Regulations (MMPR) comply with all relevant local laws.
Compliance with Local Laws
Licensed producers are required to comply with all applicable provincial/territorial and municipal laws, including zoning restrictions, fire and electrical safety, and waste management. Municipal governments have the ability to zone areas where marijuana for medical purposes may be produced and to enforce local laws.
Requirement to Notify Local Government, Police, and Fire Officials
To ensure that local government, police and fire officials are aware of applicants proposing to conduct activities under the MMPR in their jurisdiction, section 38 of the MMPR requires applicants to provide a written notice to a senior official of the local government (.e.g. the mayor, or city manager), police, and fire service, informing these officials of the applicant's intention to apply to become a licensed producer of marijuana for medical purposes and to identify the location of the proposed production site. Applicants are required to provide a copy of this written notice to Health Canada as part of the application to become a licensed producer. These notifications provide local government, police and fire officials with the opportunity to engage with the applicants on local government requirements that apply to the proposed production site.
Shortly after receipt of an application, Health Canada contacts the senior official in the local government where the proposed site is located to verify that the notification has been received.
Supporting Documentation Required as Part of an Application
Health Canada may request the following information when processing an application to assess the public health and safety of the proposed site:
- An up-to-date building location survey prepared and certified by a qualified surveyor. The survey document must show the lot dimensions and the relative location and dimensions of all buildings and improvements to the property, as well as easements, rights-of-way, and other property interests as they currently exist;
- Information about the proposed site and/or a recent aerial view (e.g. an aerial photograph or other imagery) of the proposed site, showing surrounding lots within a radius of 500 metres from the proposed site; and,
- Confirmation that the applicant has access to necessary municipal services.
Prior to a pre-licence inspection, Health Canada may also request confirmation that the site has successfully passed an inspection by the provincial/territorial electrical safety authority.
Section 40 of the MMPR requires licensed producers to provide notifications to the senior officials of the local government, police, and fire service upon the issuance of a licence, or upon a change of status to the licence, including renewals, amendments, suspensions, reinstatements, or revocations. A copy of that notice must be provided to Health Canada.
Complaints about licensed producers who may not be complying with the requirements of the MMPR should be sent to Health Canada at CMC@hc-sc.gc.ca.
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