The MMPR clearly states applicants must adhere to
Post# of 56324
Posted On: 10/11/2014 7:30:49 PM
Re: Yachtsailor #38944
The MMPR clearly states applicants must adhere to local zoning regulations and as mentioned before, it is value added. The lawful nonconforming on its own does not trump local ordinances, and federal law in Canada does not trump provincial law. It will come down to a decision as to whether or not CEN is adding value by the process (Bill also has used this word) of taking the medical mj and turning it into a product to sell. That is the gist of the matter and the town feels they are adding value which is why the situation has come to a head.
There are many examples of federal law not trumping provincial law in court challenges. Canada does not have a national securities regulator and the federal government attempted to ram a national regulator into existence. The Supreme Court of Canada ruled in favor of the provinces and told the federal government they do not have jurisdiction in this area. Canada does have a national health agency, Health Canada but not a National Health Programme as England does. Health care is a provincial responsibility in terms of delivery. Education is another matter where provincial rights trump federal rights.
In terms of Health Canada it clearly states that jurisdictions who may have producers in their jurisdiction had better come up with a clear set of rules governing producers or face having the lawful nonconforming standards apply where there is an activity established giving precedence. In this case the value added is the regulation, and it is established. What will be fought is the case of what is value added? Currently the town establishes it is a value added activity which is why they have taken the public position on the matter. The company disagree's. That is where the battle lines have been drawn and as to which side will win that argument, that is anyone's guess.
I am not advocating for the town or the company but simply that it is a matter which has yet to be settled.
There are many examples of federal law not trumping provincial law in court challenges. Canada does not have a national securities regulator and the federal government attempted to ram a national regulator into existence. The Supreme Court of Canada ruled in favor of the provinces and told the federal government they do not have jurisdiction in this area. Canada does have a national health agency, Health Canada but not a National Health Programme as England does. Health care is a provincial responsibility in terms of delivery. Education is another matter where provincial rights trump federal rights.
In terms of Health Canada it clearly states that jurisdictions who may have producers in their jurisdiction had better come up with a clear set of rules governing producers or face having the lawful nonconforming standards apply where there is an activity established giving precedence. In this case the value added is the regulation, and it is established. What will be fought is the case of what is value added? Currently the town establishes it is a value added activity which is why they have taken the public position on the matter. The company disagree's. That is where the battle lines have been drawn and as to which side will win that argument, that is anyone's guess.
I am not advocating for the town or the company but simply that it is a matter which has yet to be settled.
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