Interim Control By-law for Cannabis Operations

On September 27, 2021 Council, approved a zoning by-law amendment to regulate Cannabis Operations in the Town of New Tecumseth. By-law No. 2021-136 was approved permitting cannabis production facilities in the EA2 (employment area two) zone subject to a site-specific zoning by-law amendment. 

The by-law is in full force and effect as no appeals were received.

https://www.newtecumseth.ca/en/business-and-development/interim-control-by-law-for-cannabis-operations.aspx#By-Law

Notice of Passing
Notice of Passing - Cannabis By-Law No. 2021-136
By-Law
By-Law No.2021-136 "Amendment No. 1 to Zoning By-Law No. 2021-128"

On October 1, 2020, Town of New Tecumseth Council approved an interim control by-law to prohibit the establishment of any new cannabis operations with the Town’s agricultural zones. The interim control by-law was effective immediately and in place for a 12-month period. The by-law lapsed on October 1, 2021. 

The purpose of the interim control by-law was to provide the Town with the opportunity to undertake a study to review its land use planning policies pertaining to cannabis operations; and to prohibit the development of new cannabis operations on all lands within the Agricultural (A1), Agricultural (A2), Environmental Protection (EP), Oak Ridges Moraine – Environmental Protection (ORM EP), Oak Ridges Moraine – Natural Linkage (ORM NL), Oak Ridges Moraine – Countryside – Agricultural (ORM CS – AG) and Oak Ridges Moraine – Countryside – Rural (ORM CS – RL) Zones in the Town of New Tecumseth Zoning By-law 2014-126, as amended.

The feedback the Town received was much appreciated!

Interim Control By-Law Documents

Interim Control By-Law 
Interim Control By-law No. 2020-115
Staff Report to Council 
Staff Report to Council - Direction for ICBL (#PD-2020-30) 
Staff Report to Council (Additional Information)
Staff Report to Council - Additional Information Memorandum (#PD-2020-30)
Special Council Meeting
Special Council Meeting - Adopted Minutes (October 1 2020) 
Notice of Passing
Notice of the Passing (Interim Control By-law By-law 2020-115 – Cannabis Operations) 

Frequently Asked Questions

What is an interim control by-law?

An interim control by-law, is a tool available to Ontario municipalities in accordance with Section 38 of the Planning Act. It allows for an opportunity to place a temporary pause on development of certain lands while a municipality studies or reviews land use policies. 

What happens now?

A study will be undertaken by The Planning Partnership, focusing on the land use implications of cannabis production facilities, including but not limited to, odour, noise, light pollution, and minimum setbacks, with an end goal of generating recommendations for possible regulations of licensed cannabis operations and/or changes to be included in the Town’s Comprehensive Zoning By-law Update. Town Council has approved $25,000 in the 2021 budget for the interim control by-law cannabis related study. The by-law for the budget can be viewed on Town’s Approved 2021 Budget webpage.

What about current cannabis operations?

Cannabis operations that were lawfully established under all relevant legislation, will be permitted to continue.

Cannabis operations will continue to be permitted within the lands zoned Urban Industrial (UM) and Urban Industrial – Exception (UM-8, UM-9 and UM-10), subject to any required Planning Act applications.

Can Council extend the interim control by-law? 

Council can extend the interim control by-law for an additional one year or repeal the by-law at an earlier date.  

Can an interim control by-law be appealed? 

There is no ability to appeal an interim control by-law when it is first passed, however, an extension to the by-law may be appealed to the Local Planning Appeal Tribunal.