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Cannabis in Brock

On March 22, 2021 the Council of the Township of Brock passed  Zoning By-law 3014-2021 that describes how residents are able to produce (grow) and process Cannabis in Brock Township.  This By-law aims to recognize the legal status of Cannabis, the right for people to access their prescriptions and the economic potential of this crop for our rural residents, while mitigating the potential impacts of this land use.  Some key highlights of the By-law include:

  •  encouraging the growth and production of Cannabis in Industrially zoned lands where the Federal Cannabis guidelines apply,
  •  requiring set-backs to residential areas and sensitive land uses to help mitigate impacts from odour and land use conflicts,
  •  requiring "designated growers" (these are land owners growing up to four prescriptions on one property) to go through Brock's Site Plan process to ensure impacts are as minimal as possible, and
  •  not limiting residents wishing or needing to grow their single prescription amount.
 Download a full copy:

 General Cannabis Provisions (rules)

 Section 10.37 of the Zoning By-law:  Cannabis Production and Processing

Notwithstanding any other provision of this By-law to the contrary, where a Cannabis Production and Processing Facility or a Medical Cannabis Production Site is permitted, the following provisions shall apply:

a) Only one Cannabis Production and Processing Facility or one Medical Cannabis Production Site shall be permitted on a single, conveyable lot;

b) A Cannabis Production and Processing Facility or a Medical Cannabis Production Site located within an enclosed building or structure shall be equipped with an Air Treatment Control system;

c) Open storage of any goods, materials, or supplies associated with a Cannabis Production and Processing Facility or a Medical Cannabis Production Site shall be prohibited;

d) A building or structure used for security purposes for a Cannabis Production and Processing Facility or a Medical Cannabis Production Site may be located in the required front yard of the lot upon which the Cannabis Production and Processing Facility or Medical Cannabis Production Site is located and is not required to comply with the minimum required front, side, or rear yard setbacks for the lot;

e) All development in relation to the establishment or expansion of a Cannabis Production and Processing Facility or a Medical Cannabis Production Site shall be subject to Site Plan Control;

f) No minor variance to the zoning requirements for a Cannabis Production and Processing Facility or a Medical Cannabis Production Site shall be permitted by the Committee of Adjustment and shall only be considered by way of a Zoning Bylaw Amendment; and,

g) Separation distances between a Cannabis Production and Processing Facility or a Medical Cannabis Production Site and any Residential Zone, Community Facility (CF) Zone, Recreation (R) Zone or Open Space (OS) Zone shall be measured from the edge of the nearest building or crop line associated with the Cannabis Production and Processing Facility or Medical Cannabis Production Site to the greater of either the nearest lot line of a sensitive land use or the nearest zone boundary of any Residential Zone, Community Facility (CF) Zone, Recreation (R) Zone or Open Space (OS) Zone.

Cannabis  Production in Industrial Zones

Notwithstanding any other provision of this By-law to the contrary, the following additional requirements shall apply to a Cannabis Production and Processing Facility or a Medical Cannabis Production Site that is permitted in an Industrial Zone:

a) A Cannabis Production and Processing Facility or a Medical Cannabis Production Site equipped with an Air Treatment Control system shall be setback the greater of:

i) 70 metres from the zone boundary of any Residential Zone, Community Facility (CF) Zone, Recreation (RE) Zone, or Open Space (OS) Zone; or
ii) 150 metres from the nearest lot line of a sensitive land use.

Cannabis Production in Rural Zones

Notwithstanding any other provision of this By-law to the contrary, the following additional requirements shall apply to a Cannabis Production and Processing Facility or a Medical Cannabis Production Site in a Rural Zone:

a) A Cannabis Production and Processing Facility or a Medical Cannabis Production Site equipped with an Air Treatment Control system shall be setback the greater of:

i) 70 metres from the zone boundary of any Residential Zone, Community Facility (CF) Zone, Recreation (RE) Zone, or Open Space (OS) Zone; or
ii) 150 metres from the nearest lot line of a sensitive land use.

b) An outdoor Cannabis Production and Processing Facility and a Medical Cannabis Production Site not equipped with an Air Treatment Control system shall be setback a minimum of 300 metres from the nearest lot line of a sensitive land use.

c) Only one building or structure having a cement-based foundation of up to a maximum of 200 square metres may be used in association with a Cannabis Production and Processing Facility or a Medical Cannabis Production Site on a single lot.”

Important Cannabis Resources and Documents

Frequently Asked Questions 

 A by-law is the tool that municipalities use to control land use (i.e. what uses are allowed on what lands within the township).  Given that Cannabis is a legal product, municipalities throughout Canada are making decisions on how and where Cannabis can be grown and produced within their municipal boundaries.  These land use controls are largely being implemented in response to public concerns regarding odor, safety and proximity of cannabis to “sensitive land uses” (which are things like homes and schools).  

This cannabis by-law looks to control the growth and production of cannabis from a land use perspective in the same way that industrial or residential uses are controlled.  It will describe where and how people or companies can grow and/or process Cannabis in Brock.

A license or registration is required from Health Canada in all situations where more than 4 plants are grown.  The proposed by-law does not address individuals growing the number of plants required for their prescription, so as long as you have the proper permissions from Health Canada, the answer is yes.  Designated Growers growing plants for other people with prescriptions will be required to go through the Site Plan Approval process.

You can grow the legally allowed 4 plants on your property regardless of where your property is, how it is zoned or how large it is.

The Federal Government allows the following:

“Adults who are 18 or 19 years or older (depending on province or territory) are able to:

  • possess up to 30 grams of legal dried cannabis, or its equivalent in non-dried form, in public
  • share up to 30 grams of dried cannabis or its equivalent with other adults
  • buy cannabis products from a provincial or territorial retailer
  • grow up to 4 plants per residence (not per person) for personal use:
    • from legally acquired seeds or seedlings
    • depending on the province or territory

Possession, production, distribution and sale outside of what the law allows remains illegal and subject to criminal penalties, ranging from:

  • ticketing
  • up to a maximum penalty of 14 years' imprisonment”

The Township cannot investigate odour complaints and does not have an odour by-law. The reason that we don't have an odour by-law is that odour is a subjective and no standards exist to determine the level at which an odour becomes a nuisance. Therefore, an enforceable by-law cannot be created.  However, the Ministry of the Environment and Climate Change (“MOECC”) has the authority to respond to odour concerns when:

  • there is a reason to believe that discharge into the environment could cause:
    • harm to the natural environment or a person,
    • loss of enjoyment of the normal use of property, or
    • interferes with the normal conduct of business (Section 14 of the EPA)
  • if a discharge released into the air from an industrial, commercial or other source exceeds a standard as set out in Ontario Regulation 419/05 – Local Air Quality
  • using the Environmental Compliance Approval (“ECA”) which puts strict requirements on how facilities operate to protect the environment. Depending on the type of facility, the ECA may include specific requirements to control odour.
  • the ministry inspects facilities that are required to have an ECA.

If a facility is equipped with “Air Treatment Control” it cannot be located closer than 150m to a sensitive land use, which includes schools.  If the facility does not have “Air Treatment Control”, it must be no closer than 300m to a sensitive land use.

If you have concerns about illegal activity, please call your local police detachment. If you wish to determine if a property owner is complying with the by-law provisions, please contact the Planning department at the Township of Brock at planning@brock.ca or call 705-432-2355 ext.235. 

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