To answer some of your questions: When determin
Post# of 56324
Posted On: 11/07/2014 1:04:16 PM
To answer some of your questions:
When determining whether a land owner/occupier has lawful non conforming land use rights one of the things the Courts look at is "intent." Did the owner/occupier "intend" on using the land for a specific purpose? In our case, there is NO doubt that CEN Biotech intended on using the land for MMPR purposes. Lakeshor was advised in 2013 as required by Health Canada Regulations. Our application to Health Canada lists the site as our intended site. It was ALL OVER every news media. It was mentioned in the November 2013 Lakeshore Council meeting. CEN Biotech will have NO PROBLEM, zero, establishing that it was their intent to operate a MMPR facility at the location.
#2. Courts will look to see if the land owner/occupier took any steps to carry out their intentions. Here, CEN Biotech built a facility, fence, vault, security, website etc, etc. Spent a lot of money. CEN Biotech will have NO PROBLEM establishing the steps that have been taken.
Regarding the other question i saw out there about when we became a "marijuana grower" in an agricultural zone? Can't recall who asked. At the time we submitted our application to Lakeshore for a building permit and advised Lakeshore we were intending on using the property as a MMPR facility, nothing in Lakeshore dictated whether marijuana growing was an industrial or agricultural act. Because Lakeshore was silent on the issue at the time, we look to the Minister of Agriculture. The Minister of Agriculture has defined the growth and production of medical marijuana as an agricultural act.
So again, what we have here is, CEN Biotech submitting a building application to Lakeshore with a letter advising Lakeshore that we intend on growing marijuana on the property in an agricultural zone. This letter was the notification given to Lakeshore of our application that was submitted to Health Canada. At the time, Lakeshore did not define, regulate, comment or have any law or ordinance or ANYTHING regarding the production of marijuana in its municipal by-laws or regulations, etc. NOTHING. NADA. And Lakeshore took NO action. (Health Canada warned them they should act timely) Lakeshore's laws were completely silent on marijuana. By definition of the Canadian Minister of Agriculture, growing marijuana was an agricultural act. We built in an agricultural zone. We were completely compliant with all Health Canada rules, the Minister of Agriculture's definition, and Lakeshores laws (because they had none). We displayed our intent from day one (news media, letter to lakeshore, HC application, etc, etc). We took significant steps in seeing our intentions through (build-out, security, website, $ spent, etc. etc).
BAM...Lakeshore passes a new by-law attempting to regulate the industry. As stated in my previous post, we have lawful non conforming land use rights. Those rights, by definition, are specifically intended to PREVENT exactly what Lakeshore just did.
As you all should know by now, the issuance of a license by Health Canada has no dependence whatsoever on local laws. In other words, Health Canada doesn't police facilities to ensure they comply with local by-laws. That is the local municipalities job. As it stands now, we await a license from Health Canada. Once we have it, we are open for business. At that point in time, Lakeshore can file for an injunction in court seeking to stop us from operating claiming that we are violating their new by-law. Our response is that the new by-law doesn't affect us because we have lawful non conforming land use rights based on our previous intentions and actions. My previous post included a link to the case law that supports our position.
When determining whether a land owner/occupier has lawful non conforming land use rights one of the things the Courts look at is "intent." Did the owner/occupier "intend" on using the land for a specific purpose? In our case, there is NO doubt that CEN Biotech intended on using the land for MMPR purposes. Lakeshor was advised in 2013 as required by Health Canada Regulations. Our application to Health Canada lists the site as our intended site. It was ALL OVER every news media. It was mentioned in the November 2013 Lakeshore Council meeting. CEN Biotech will have NO PROBLEM, zero, establishing that it was their intent to operate a MMPR facility at the location.
#2. Courts will look to see if the land owner/occupier took any steps to carry out their intentions. Here, CEN Biotech built a facility, fence, vault, security, website etc, etc. Spent a lot of money. CEN Biotech will have NO PROBLEM establishing the steps that have been taken.
Regarding the other question i saw out there about when we became a "marijuana grower" in an agricultural zone? Can't recall who asked. At the time we submitted our application to Lakeshore for a building permit and advised Lakeshore we were intending on using the property as a MMPR facility, nothing in Lakeshore dictated whether marijuana growing was an industrial or agricultural act. Because Lakeshore was silent on the issue at the time, we look to the Minister of Agriculture. The Minister of Agriculture has defined the growth and production of medical marijuana as an agricultural act.
So again, what we have here is, CEN Biotech submitting a building application to Lakeshore with a letter advising Lakeshore that we intend on growing marijuana on the property in an agricultural zone. This letter was the notification given to Lakeshore of our application that was submitted to Health Canada. At the time, Lakeshore did not define, regulate, comment or have any law or ordinance or ANYTHING regarding the production of marijuana in its municipal by-laws or regulations, etc. NOTHING. NADA. And Lakeshore took NO action. (Health Canada warned them they should act timely) Lakeshore's laws were completely silent on marijuana. By definition of the Canadian Minister of Agriculture, growing marijuana was an agricultural act. We built in an agricultural zone. We were completely compliant with all Health Canada rules, the Minister of Agriculture's definition, and Lakeshores laws (because they had none). We displayed our intent from day one (news media, letter to lakeshore, HC application, etc, etc). We took significant steps in seeing our intentions through (build-out, security, website, $ spent, etc. etc).
BAM...Lakeshore passes a new by-law attempting to regulate the industry. As stated in my previous post, we have lawful non conforming land use rights. Those rights, by definition, are specifically intended to PREVENT exactly what Lakeshore just did.
As you all should know by now, the issuance of a license by Health Canada has no dependence whatsoever on local laws. In other words, Health Canada doesn't police facilities to ensure they comply with local by-laws. That is the local municipalities job. As it stands now, we await a license from Health Canada. Once we have it, we are open for business. At that point in time, Lakeshore can file for an injunction in court seeking to stop us from operating claiming that we are violating their new by-law. Our response is that the new by-law doesn't affect us because we have lawful non conforming land use rights based on our previous intentions and actions. My previous post included a link to the case law that supports our position.
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