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←Toronto City Council · 2018-12-04 · 2019.CC1.4

The filed record

Provincially-Licensed Cannabis Retail Stores in Toronto

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The decision

2018-12-04 · Toronto City Council · amended

As filed

City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council not opt-out of provincially-licensed cannabis retail stores in Toronto. 2. City Council authorize the City Manager, in consultation with the Chief Financial Officer, to negotiate and enter into any required agreements to receive intergovernmental funding for implementation of cannabis legalization, with terms and conditions satisfactory to the Chief Financial Officer and the City Solicitor.

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3. City Council request the Province of Ontario to provide the City with the regulatory authority to further restrict the location of cannabis retail stores based on proximity to other City-identified uses such as schools, community centres, youth facilities and other cannabis retail stores. 4. City Council request the Province of Ontario to provide the revenues to each municipality from the legal sale of cannabis, the revenues to be allotted to municipalities by number of retail outlets in each municipality rather than by population. 5. City Council request the Executive Director, Municipal Licensing and Standards in consultation with the Medical Officer of Health, to report to the General Government and Licensing Committee on: a. possible by-law amendments, including penalties and fines, to prohibit the consumption of lit recreational cannabis in public places in the City of Toronto such as City parks, trails, natural areas, sidewalks and roads, and at least 150 metres from childcare facilities, libraries, community centres, halfway houses, group homes, methadone clinics, harm reduction clinics, mental health facilities, youth counselling services, and other at-risk community places; and b. actions in other Ontario jurisdictions related to prohibiting the consumption of lit cannabis in public places.

The vote

Adopt Item as Amended · Carried, 20-4

For (20)Ana Bailão, Anthony Perruzza, Brad Bradford, Denzil Minnan-Wong, Frances Nunziata, Gary Crawford, Gord Perks, Jennifer McKelvie, Jim Karygiannis, Joe Cressy, John Tory, Kristyn Wong-Tam, Mark Grimes, Michael Ford, Michael Thompson, Mike Colle, Mike Layton, Paul Ainslie, Paula Fletcher, Stephen Holyday
Against (4)Cynthia Lai, James Pasternak, John Filion, Josh Matlow
Absent (2)Jaye Robinson, Shelley Carroll
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On the agenda

As the city filed it

Provincially-licensed private cannabis retail stores are expected to open in Ontario by April 1, 2019. The Province of Ontario will be responsible for licensing and regulating these stores through the Alcohol and Gaming Commission of Ontario (AGCO). Under the provincial Cannabis Licence Act, 2018, municipalities have until January 22, 2019 to pass resolutions to opt-out of having licensed cannabis retail stores located within their municipal boundaries.

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This report recommends that Toronto City Council not opt-out of Ontario's retail cannabis regime, thereby allowing provincially-licensed cannabis retail stores to operate in Toronto. Provincial licensing is intended to ensure that operators conduct their business in a responsible and accountable manner, and would support the goals of preventing youth from accessing cannabis and eliminating the illegal cannabis market. A provincially-licensed regime would provide a government-regulated alternative to the illegal market and implement regulatory controls that are designed to minimize social harms and address safety issues. Provincially-licensed retail stores would be required to have strict controls in place to prevent access and sales to minors and ensure that cannabis products are sourced from federally-inspected, Licensed Producers that adhere to federal health and safety standards. This is an important step towards achieving the objectives of protecting youth and combatting the illegal market. Prohibiting cannabis retail stores in Toronto would limit Toronto residents' access to legal and government-regulated recreational cannabis; the only other ways to legally purchase recreational cannabis would be online (through the Ontario Cannabis Store) or in other municipalities where there are legal cannabis retailers. It is anticipated that prohibiting legal cannabis retail stores would have the unintended consequence of encouraging the illegal market to continue to operate, either through storefronts selling illegal products or by driving illegal cannabis sales underground. This would undermine efforts by all levels of government to prevent youth access to cannabis and would require increased municipal and police enforcement to address illegal operations. This report was prepared in consultation with the City's interdivisional working group on cannabis legalization. Twenty-three City divisions and agencies are participants in this working group, including Municipal Licensing and Standards, Toronto Public Health, Legal Services, City Planning, and the Toronto Police Service.

Staff recommended

The City Manager recommends that: 1. City Council not opt-out of provincially-licensed cannabis retail stores in Toronto. 2. City Council authorize the City Manager, in consultation with the Chief Financial Officer, to negotiate and enter into any required agreements to receive intergovernmental funding for implementation of cannabis legalization, with terms and conditions satisfactory to the Chief Financial Officer and the City Solicitor.

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