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Town of St. Paul addresses smoking bylaw as legalization of cannabis arrives

Town of St. Paul council held a second council meeting last week, in an effort to firm up bylaws before Oct. 17 - the date that cannabis becomes legal in Canada.
NoSmoke

Town of St. Paul council held a second council meeting last week, in an effort to firm up bylaws before Oct. 17 - the date that cannabis becomes legal in Canada.

While a public hearing regarding amendments to the town's Land Use Bylaw was held on Oct. 9, and the third reading of the bylaw was carried, the two other bylaws that relate to legalization of cannabis did not get three readings at the town's Oct. 11 meeting.

A few extra amendments were made to the Land Use Bylaw, which speaks to the establishment of cannabis retail locations and cannabis facilities, within the Town of St. Paul. The town added "registered daycare" and "St. Paul Public Library" to the list of places that require a setback of 100 meters from a retail location.

Also, the 200 meter setback for a cannabis facility from a school site or residential lot was lowered to 90 meters. No one spoke in favour or against the bylaw amendments on Tuesday night, and there were no written submissions.

Third reading of the bylaw was approved, as amended. Only Coun. Norm Noel was absent from the meeting.

On Thursday night, Mayor Maureen Miller, Coun. Nathan Taylor, Coun. Brad Eamon, and Coun. Gary Ward were in attendance for the second council meeting of the week. Coun. Noel, Coun. Tyson deMoissac, and Coun. Ron Boisvert were not in attendance.

The night began with the presentation of Bylaw 1253: Smoking Bylaw. Administration conducted research on the topic of smoking, and as it relates to the legalization of cannabis, looking at other bylaws that exist in other municipalities.

While the Town of St. Paul has a previous smoking bylaw, Bylaw 1253 was described as "a complete re-write" by Aline Brouseau, Director of Planning & Legislative Services.

The bylaw lists definitions of different locations where smoking is prohibited.

"I think provincial legislation covers most of these anyway," said Heyman.

Ward asked about rules around specific events, such as the Centerfield Music Festival, since smoking the bylaw lists "Outdoor Public Event" as a spot where smoking is not allowed. It was noted that an amendment to allow for a designated smoking area should be made.

Coun. Eamon also brought up the St. Paul Golf Course, which is an outdoor recreation area, and would also be subject to no smoking. Eamon felt that there could be public feedback on the issue.

Administration noted that Director of Protective Services Trevor Kotowich did not have the chance to look over the bylaw, although the town's Community Peace Officers did.

Heyman told council they could pass all three readings of the bylaw at the meeting, and amend it at a later date, if chances were required. This way, there would be an update smoking bylaw in place for Oct. 17.

Councillors asked administration to find out what the provincial setback for people smoking near doorways/windows was, to which Heyman later responded it was five meters.

Coun. Taylor said he would support the first and second readings of the bylaw, but did not feel it was responsible to pass all three readings in one night. He also noted that he felt the Town of St. Paul was "amazingly" ahead of other municipalities in the process, leading up to the legalization of cannabis.

Ward said he was in favour of doing all three readings, and amending it later if needed. He said he felt the town should have something in place "for the general public."

First and second reading of the bylaw were passed, but a motion to move to third reading was defeated with Taylor voting against the motion. In order to move to third reading in one meeting, the vote to go to third reading must be unanimous.

The town's Business License Bylaw was also presented on Oct. 11. Additions to the bylaw included different licensing classifications for retail cannabis stores, and cannabis facilities.

Taylor noted he didn't believe in having different fees for residents and non-residents, and felt it was against "the principal of free trade." The bylaw will be amended to take out the non-resident fees.

Ward noted that he felt the town was quite low for its Type A and B fees, and a $50 increase was recommended. Type A business licenses will increase to $150, and Type B licenses will increase to $250.

When speaking about the cannabis facility amount, which was initially at $2,000, it was noted that taxation of cannabis facilities was still uncertain, but the facilities could be taxes as agricultural, which means fewer taxes going to the town.

After throwing around a few different numbers, council agreed to set the license fee for cannabis facilities at $4,000/year.

Taylor again refused to do all three readings of the bylaw in one night, and voted against going to third reading after the first two readings were passed. During discussions, Taylor noted that he did not feel comfortable passing three readings of a bylaw that he received 24 hours prior, and noted he felt very pressured to pass the bylaw.

Miller noted that she felt council had been very responsible in not rushing all three readings of a bylaw, but supported the idea that the town should have something in place for Oct. 17.

Both bylaws will come back to the table at council's next regular meeting on Oct. 22.


Janice Huser

About the Author: Janice Huser

Janice Huser has been with the St. Paul Journal since 2006. She is a graduate of the SAIT print media journalism program, is originally from St. Paul and has a passion for photography.
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