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ARTICLE · 11 JANUARY 2018

Municipal Land Use Planning Regulations And Cannabis Production Facilities

Individuals and corporations seeking to become licensed producers of cannabis are advised to pay close attention to municipal land use permissions ...

CanadaReal Estate and Construction

Individuals and corporations seeking to become licensed producers of cannabis are advised to pay close attention to municipal land use permissions when conducting due diligence in relation to the purchase of property for the purpose of setting up their production facility.

The federal government is currently responsible for administering Canada's cannabis production licensing process. While the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230 require prospective licensed producers to notify local authorities before submitting an application for a producer's license, municipalities are not involved in the approval or consultation process. Despite their limited involvement in the licensing scheme, however, it is important to acknowledge that municipalities have authority over land use regulation and have the power to prohibit and regulate certain uses through zoning by-laws. Licensed producers are required to obey municipal zoning by-laws and a Chief

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