The section of the City of Airdrie’s Land Use Bylaw (LUB) pertaining to cannabis-related businesses has been amended following a unanimous council vote, removing a requirement for City staff to verify an applicant’s Alberta Gaming, Liquor and Cannabis Commission (AGLC) license prior to issuing development or building permits.
“This approach is the most consistent with other types of businesses regulated under the LUB, as no other types of development regulated under the LUB requires verification with other authorities or agencies,” said William Czaban, senior planner.
In December 2018, he said, administration developed an “interim practice” to process applications, but has worked to evaluate long-term solutions, improvements and updates to the initial regulations for cannabis-related businesses adopted by council in September 2018. As part of the interim practice, administration required the submission of a copy of any federal or provincial licenses as a condition of approval.
“This was intended to provide flexibility for the applicants and business owners while maintaining the provision for a ‘check-in’ with the provincial licensing authority, so that the City’s development and building permits and the AGLC licenses were in alignment,” Czaban said.
At the direction of council Dec. 3, 2018, according to Czaban, administration consulted with legal counsel, cannabis retailers, the AGLC and comparable jurisdictions to gain perspective on the legalities, risks and regional practices for managing permits for cannabis retail stores.
Removing this requirement from policy, Czaban said, is more compatible with the AGLC’s licensing process, which requires all City approvals and all of the applicants’ work to develop the property be carried out prior to the issuance of the AGLC license. The process will also be streamlined, he said, with fewer opportunities for delays.
However, he added, approved development and building permits may potentially need additional revision after issuance, if the provincial authority requires changes to the premises to comply with AGLC’s licensing policy.
As part of administration’s recommendation, Czaban said, staff will incorporate a “referral” to AGLC as part of the evaluation of a development permit application, to confirm if the applicant has also submitted a licensing application with AGLC.
“This could provide a similar ‘check-in’ with the provincial licensing authority to administration’s original intention, but would simply be for information,” he said. “If directed by council, administration could adopt this type of notification as a common practice across all permits which require federal or provincial licensing and approvals.”
As of March 14, according to administration’s report, 19 development permit applications for cannabis-related businesses have been submitted to the City of Airdrie, and all but one – which is still under review – have been approved.
