Moved by Councillor Haun
Seconded by Councillor Hildebrandt
Be it resolved that Pelham Town Council endorse the following resolutions as matters of highest priority:
WHEREAS the Town of Pelham is a municipality of fewer than 18,000 persons;
AND WHEREAS the Town has already spent in excess of $100,000 in legal and professional fees in developing a municipal, cannabis (which includes industrial hemp) regulatory framework and is bearing the entire cost of seven separate proceedings against that framework before the Superior Court of Justice, the Normal Farm Practices Protection Board, and/or the Local Planning Appeal Tribunal ("LPAT"), which are currently estimated to cost the taxpayer over $300,000 to litigate;
AND WHEREAS hundreds of residents have suffered ongoing adverse effects (particularly light and odour pollution) from cannabis facilities in the Town, and the Town will have to incur ongoing enforcement costs in order to have any hope of mitigating these adverse effects;
AND WHEREAS the Town of Pelham is not the only municipality in Niagara, or in Ontario, that has suffered these adverse effects from these cannabis facilities which operate on an industrial scale;
AND WHEREAS at present residents of the Town of Pelham are on track to pay 100% of the costs of civil cases that are precedential in nature and will impact neighbouring communities, all of Niagara, and ultimately have a provincial impact;
NOW THEREFORE Pelham Town Council formally requests that the Region of Niagara seek "Party" status in the various LPAT proceedings that have been initiated by Woodstock Biomed Inc., CannTrust Holdings and Redecan Pharm as against Town of Pelham. As a Party, the Region can offer direct evidence, planning expertise and testimony in support of the Town of Pelham's recently amended Official Plan and Zoning Bylaw, which were adjusted with the approval of Regional Staff;
AND FURTHER Pelham Town Council requests that Member of Provincial Parliament Sam Oosterhoff be requested to champion the Town's plight with the Provincial Government so as to result in the Ministry of Municipal Affairs and Housing seeking "Party" status in the various LPAT proceedings that have been initiated by Woodstock Biomed Inc., CannTrust Holdings and Redecan Pharm as against Town of Pelham and a financial contribution from the Provincial Government towards the Town's litigation costs in recognition of the broader provincial public interest being represented;
AND FURTHER that Niagara West MP Dean Allison be requested to champion the Town of Pelham's plight in the legislature (after it recommences sitting) and further pressure Health Canada to satisfy its own obligations with respect to enforcement of standards and regulations as they pertain to odour emissions from cannabis facilities, including providing a financial contribution towards the Town's litigation and enforcement costs in recognition of the broader public interest being represented.
AND FURTHER that Niagara West MP Dean Allison be requested to obtain a clear and satisfactory answer from Health Canada as to why, after a year since CannTrust Holdings has acknowledged growing cannabis in a manner that contravened its license, no penalty or fine has been formally levied nor have charges been laid.
AND FURTHER Pelham Town Council formally requests that the City of Welland and the City of Thorold each be asked to voluntarily contribute $15,000 (which represents 5% of the estimated litigation costs) towards defense of the aforementioned legal actions as Pelham has received complaints from residents of both those municipalities pertaining to light and/or smell associated with the industrial production of Cannabis.