Potential Cannabis Business Opportunity Expansions in Burlington: What You Should Know

A Special Meeting of Council has been scheduled for March 9 to help Council decide on the City of Burlington’s position in response to the Ontario government’s recent announcement of exploring the potential expansion of cannabis business opportunities, such as lounges and cafes, and the potential extension of Special Occasion Permits (SOPs) to allow cannabis to be served and consumed at festivals and events in public places and spaces. Council must send its feedback to the Province before its set deadline of March 10.Ahead of that Council meeting, you'll find below some background information, quick facts and what the Province is asking for feedback on.CANNABIS CONSUMPTION AND SOPsBACKGROUNDEarlier this month, the City of Burlington engaged residents about whether cafes and lounges serving and allowing the consumption of cannabis should be allowed to operate in the city. The survey results were provided to council prior the the City Council Meeting on Feb. 24 to respond to the Ontario Government’s online consultation for potential cannabis business opportunity additions. The survey also asked residents about the potential extension of Special Occasion Permits (SOPs) identified in the Ontario Government’s online consultation. SOPs would allow cannabis to be served and consumed at festivals and events in public places and spaces.There were a total of 969 completed surveys. These were the results:

• Allowing the sale and consumption of cannabis in places like cannabis lounges and cafesStrongly agree/agree = 483Strongly disagree/disagree = 435
• Allowing the sale and consumption of cannabis at festivals and events (example music or food festivals) through a Special Occassion Permit processStrongly agree/agree = 387Strongly disagree/disagree = 849
• Should municipalities be able to decide / govern the sale and consumption of cannabis?Lounges/cafes -Yes 66%, No 22%, Unsure 11%Sales/consumption at events- Yes 72%, No 20%, Unsure 7%

On Feb. 24, 2020, I presented my Mayor's Office report MO-02-20 on the City Position on Expanded Cannabis Sale and Consumption — MO-02-20 City of Burlington Position on Expanded Cannabis Sale and Consumption AND MO-02-20 Appendix A -City of Burlington Public Survey Results – Province Proposed Cannabis Expansions – Feb 23 2020.Council passed the following:Defer the Mayor’s Report MO-02-20, regarding a City of Burlington Resolution on Expanded Sale and Consumption of Cannabis in public space to a Special Council meeting on March 9, 2020.The Ontario Government’s public consultation was announced on Monday, Feb. 10, 2020 and the Province will accept feedback until Tuesday, March 10, 2020.QUICK FACTSOn Oct. 17, 2018, recreational cannabis was legalized by the federal government of Canada.On Jan. 14, 2019, Burlington City Council voted to allow the operation of retail cannabis stores in Burlington.On Apr. 1, 2019, the first round of brick and mortar, privately-operated retail cannabis stores opened across the province.The Alcohol and Gaming Commission of Ontario (AGCO) is licensing and enforcing regulations related to retail cannabis stores in Ontario.On June 26, 2019, Health Canada published regulations for the production and sale of three new classes of cannabis products:

• cannabis edibles – cannabis products that can be consumed in the same manner as food (e.g. food or beverage)
• cannabis extracts – cannabis products that are produced using extraction processing methods or by synthesizing phytocannabinoids (e.g., oils, capsules, hash, wax)
• cannabis topicals – cannabis products that can be used on a body surface (e.g. lotion)

These new federal regulations came into force on Oct. 17, 2019 and the new classes of cannabis products became available for sale in Ontario on Jan. 6, 2020.The Smoke-Free Ontario Act, 2017 (SFOA, 2017) and the regulations under that Act prohibit the smoking of cannabis and the use of electronic cigarettes (e-cigarettes) to vape any substance (including cannabis) in enclosed workplaces and enclosed public places, as well as other prescribed places (e.g., restaurant and bar patios or within nine metres of these patios).WHAT THE PROVINCE IS ASKING

• Q1: Considering SFOA rules, should the government consider lounges and cafes for the sale and consumption of cannabis?
  • Since the province is not looking at changes to the SFOA at this time, this would suggest smoking would not be permitted inside the lounges/cafes.
• Q2:  What other products could be sold? Food/Beverages that do not contain cannabis?
  • There is no specific mention of not allowing alcohol or cannabis infused alcoholic beverages. This would suggest that is a consideration.
• Q3: Should Ontario consider Special Occasion Permits (SOPs) for the sale and consumption of cannabis? Why or why not?
  • The question gives a link to the current SOP program and mentions the province is considering designing the cannabis SOP program based on this existing program, which is managed by the Alcohol and Gaming Commission of Ontario (AGCO).
  • This would suggest it would be under the AGCO and outside municipal control.
• Q3a: If Yes, with what conditions?
  • Here are specific examples provided by the province:
    • What methods of cannabis consumption should be allowed?
    • Should events be age restricted?
    • Should alcohol consumption be allowed?
  • These examples suggest that the province could be considering allowing the smoking of cannabis and allowing cannabis and alcohol consumption together.
• Q4: Are there any additional risks/opportunities created by cannabis consumption establishments or SOPs when compared to authorized cannabis retail stores?
• Q5: What/if any should be a municipalities involvement in a potential framework for consumption establishments or SOPs?

I also encourage all residents to complete the Provincial online consultation (link found below). As well, reach out to your ward Councillor (and to me at mayor@burlington.ca) and share your feedback and thoughts on this to help us make an informed decision on the City’s position that is truly reflective of our citizens. Contact information for every member of Council is available by clicking the link.— Mayor Marianne Meed WardLINKS AND RESOURCES:

• Burlington Council to Hold Special Meeting March 9 to Respond to Province on Proposed Cannabis Expansions
• Provincial online consultation – comments due March 10
• burlington.ca/cannabis.
• Smoke Free Ontario
• Ontario.ca/cannabis
• Health Canada for rules for edibles, extracts and topicals

--*Posted by John Bkila, Mayor's Media and Digital Communications Specialist