Cannabis Retail

Council adopted the Cannabis Retail Policy on August 2
The Council Policy and staff report are available below

Current Status

Council adopted Whistler's new Cannabis Retail Policy on August 2, 2022.

Consultation with industry, key stakeholders, and the community helped to identify community goals and priorities for cannabis retail implementation, and the proposed regulatory scheme. The Policy is based on Official Community Plan (OCP) goals, objectives and policies, and specifies objectives for consideration of future Temporary Use Permit applications and details provisions of the proposed regulatory approach.

Bylaw amendments to introduce and regulate cannabis retail were presented to Council on September 20.

A public hearing will be held for the zoning bylaw amendment and notice will be issued for the business licence bylaw amendment. Following the public hearing and adoption of the bylaws, an intake period will be set for cannabis retail temporary use permit applications. Please check back for updates.

August 2, 2022 Council Policy, Staff Report and Appendices

September 20, 2022 Staff Report and Bylaw Amendments

Community Consultation

The RMOW held public engagement in winter and spring 2022 to gather input and feedback on the proposed framework approach which was used to help shape the Cannabis Retail Policy and proposed bylaw amendments.

To ensure broad consultation during development of the policy framework, participation was sought from:

the community through an online engagement portal and questionnaire;
community organizations and agencies in one-on-one stakeholder meetings; and
the cannabis retail industry through a virtual workshop and dedicated engagement portal.

Lessons learned from other communities and insight from retailers on business operations helped to inform the Policy and updates to bylaws proposed for Whistler.

The summary of the community consultation process is available here: Community Engagement Summary

Background

The Federal Cannabis Act became law in October 2018, establishing a legal framework for controlling the lawful production, distribution, sale, and possession of cannabis in Canada.

Each Province and Territory has the authority to regulate certain aspects including distribution and retail. Municipalities have the authority to further regulate certain aspects such as retail through land use and business licensing regulations and public use through smoking regulations.

In B.C., the Liquor and Cannabis Regulation Branch (LCRB) oversees liquor and non-medical cannabis regulations. These are the rules and laws that govern B.C.'s private retail sale of liquor and non-medical cannabis.

What is changing?

On December 7, 2021, Council directed staff to proceed with developing an approach to regulating cannabis retail in Whistler, including a policy framework based on OCP goals, objectives, and policies, a temporary use permit (TUP) framework, bylaw amendments, and a stakeholder and community engagement strategy.

On August 2, 2022, Council adopted the Cannabis Retail Policy to establish application requirements and the review and approval process. The following bylaw amendments were presented to Council on September 20, 2022 for initial readings and are currently going through the legislated approval process requirements:

Zoning and Parking Bylaw to update relevant definitions and to establish TUP areas where the RMOW would consider allowing cannabis retail;
Business Licence and Regulation Bylaw to establish requirements for cannabis retail store establishments;
Land Use Procedures and Fees Bylaw to update temporary use permit application procedures; and
Liquor Licence Application Processing Fee Bylaw, No. 2224, 2019 to add in a fee for review of the Cannabis Retail Store Licence referral from the Liquor and Cannabis Regulation Branch.

Temporary Use Permit Areas

Designated TUP areas will allow Council to consider one retail cannabis location in each of The Village, Village North, Creekside, Function Junction and Nester's Plaza. Distancing requirements between cannabis locations has been added to avoid clustering between stores and from schools and Meadow Park Recreation Centre. This allocation of locations will ensure access to retail cannabis for residents and visitors, while limiting the overall amount.

Provincial Licence Referrals

Applicants will be required to obtain a TUP and business licence from the RMOW, in addition to a Cannabis Retail Store licence from the provincial Liquor and Cannabis Regulation Branch (LCRB). The municipal approvals process is parallel to the provincial licensing process, which is similar to the approval process for liquor stores and pubs. Provincial cannabis retail store licence referrals will be reviewed by the RMOW after a complete TUP application has been accepted.

Frequently Asked Questions

What is a Temporary Use Permit (TUP)?

A TUP can authorize a use which does not conform to the relevant zoning bylaw. It also establishes general conditions under which the temporary use may be carried out. TUPs authorize the specific use for three years, and can be renewed once for an additional three years.

Why is the RMOW proposing to use TUPs to regulate cannabis retail?

The proposed strategy reflects an approach consistent with the community’s values and policies expressed in the Official Community Plan, including upholding the resort experience while balancing community and guest demand with community safety and a family-friendly environment.

Under the proposed regulatory system, TUP applications will be evaluated against specified conditions regarding the issue of TUPs and the OCP and recommendations will be made to Council for consideration of approval. Approval of a particular application would be conditional until confirmation of provincial approval, at which point the RMOW would be able to finalize approval and issue a business licence. This allows the RMOW to maintain discretion over the approval process and a degree of on-going oversight through permit conditions and renewal requirements.

What is the duration of a TUP?

A TUP could be issued to allow retail cannabis use for a term of up to three years. A TUP can be renewed once for an additional three-year term.

Can a TUP be revoked?

Yes, a TUP or business licence for retail cannabis can be cancelled or revoked if the terms and conditions of the business licence or temporary use permit are not met or if bylaw infractions occur.

Other than a TUP, what approvals will be required for a retail licence establishment?

Applicants need a licence from the provincial Liquor and Cannabis Regulation Branch (LCRB), as well as the RMOW, to operate. The LCRB will not process a provincial cannabis retail licence application for a location in Whistler until a recommendation from the RMOW is received. Find information about the LCRB’s non-medical cannabis licences and how to apply on their website.

Applicants will require an RMOW business licence. In some cases, a Development Permit and Sign Permit may also be required.

When will these changes be taking place?

It is anticipated that following the bylaw adoptions in fall 2022, the defined intake period for cannabis retail TUP applications will be be set for early 2023.