MUST READ!!
Over the course of the last week or so i have read many posts on chat boards about the seemingly mysterious "development permit" and how it relates to Cen Biotech. Several posts reference the brownlee.com website wherein it is suggested that medical marijuana production facilities will be unable to "sneek into town" because they are required to obtain a development permit prior to authorized operation. Many people have alleged that Cen Biotech never aquired a "development permit" from the Town of Lakeshore and as such, is unable to operate its production facility. I believe these people are correct when they state that Cen Biotech never aquired a "development permit" from the Town of Lakeshore but are dead wrong about that preventing Cen Biotech from operating. My analysis is that Cen Biotech never obtained a "development permit" from the Town of Lakeshore because it doesn't exist in the Town of Lakeshore and is therefore irrelevant to Cen Biotech.
The following constitutes my legal analysis on the matter.
One must first be armed with an understanding as to what a "development permit" is before understanding its application, or lack thereof, in the case of Cen Biotech.
The "development permit" is a permit that is authorized and created under Ontario's "Development Permit System." The "Development Permit System" is broken down and discussed at length on the Ontario Ministry of Municipal Affairs and Housing website. (website link is mah.gov.on.ca) Ontario created the "Development Permit System" to allow local municipalities to better develop, control and achieve a community's future land use vision, provide greater flexibility to meet today's land use planning challenges and ensure certainty in the development process. The "Development Permit System" was codified as Ontario Regulation 608/06 on January 1st, 2007. Municipalities MAY CHOOSE (and i stress "may choose"
to establish a "Development Permit System" in all or part of their municipality. Here's the kicker...the Town of Lakeshore has not established the "Development Permit System" in their community. As such, it doesn't exist in Lakeshore and, as such, Cen Biotech wasn't required to obtain one.
The mah.gov.on.ca website breaks the "Development Permit System" down and under section 5.1 specifically states that to implement the "Development Permit System," a local municipality must establish the framework in its OP (official plan). A local municipality must amend its OP in accordance with the prescribed requirements to identify the "Development Permit System" area and provide information on how the system is to be used. One can visit the Lakeshore Ontario website and review the Official Plan in its entirety. Nowhere in the official plan does it confirm that Lakeshore has adopted and/or implemented the "Development Permit System." Because Lakeshore has not adopted and/or implemented the "Development Permit Sytem" (recall it is discretionary from municipality to municipality) it doesn't exist in Lakeshore and as such, Cen Biotech wasn't required to obtain one. One cannot obtain that which does not exist.
Again, this is only my opinion but it is based upon my legal analysis of the above referenced facts for which i have provided a reference.
Over the course of the last week or so i have read many posts on chat boards about the seemingly mysterious "development permit" and how it relates to Cen Biotech. Several posts reference the brownlee.com website wherein it is suggested that medical marijuana production facilities will be unable to "sneek into town" because they are required to obtain a development permit prior to authorized operation. Many people have alleged that Cen Biotech never aquired a "development permit" from the Town of Lakeshore and as such, is unable to operate its production facility. I believe these people are correct when they state that Cen Biotech never aquired a "development permit" from the Town of Lakeshore but are dead wrong about that preventing Cen Biotech from operating. My analysis is that Cen Biotech never obtained a "development permit" from the Town of Lakeshore because it doesn't exist in the Town of Lakeshore and is therefore irrelevant to Cen Biotech.
The following constitutes my legal analysis on the matter.
One must first be armed with an understanding as to what a "development permit" is before understanding its application, or lack thereof, in the case of Cen Biotech.
The "development permit" is a permit that is authorized and created under Ontario's "Development Permit System." The "Development Permit System" is broken down and discussed at length on the Ontario Ministry of Municipal Affairs and Housing website. (website link is mah.gov.on.ca) Ontario created the "Development Permit System" to allow local municipalities to better develop, control and achieve a community's future land use vision, provide greater flexibility to meet today's land use planning challenges and ensure certainty in the development process. The "Development Permit System" was codified as Ontario Regulation 608/06 on January 1st, 2007. Municipalities MAY CHOOSE (and i stress "may choose"
to establish a "Development Permit System" in all or part of their municipality. Here's the kicker...the Town of Lakeshore has not established the "Development Permit System" in their community. As such, it doesn't exist in Lakeshore and, as such, Cen Biotech wasn't required to obtain one. The mah.gov.on.ca website breaks the "Development Permit System" down and under section 5.1 specifically states that to implement the "Development Permit System," a local municipality must establish the framework in its OP (official plan). A local municipality must amend its OP in accordance with the prescribed requirements to identify the "Development Permit System" area and provide information on how the system is to be used. One can visit the Lakeshore Ontario website and review the Official Plan in its entirety. Nowhere in the official plan does it confirm that Lakeshore has adopted and/or implemented the "Development Permit System." Because Lakeshore has not adopted and/or implemented the "Development Permit Sytem" (recall it is discretionary from municipality to municipality) it doesn't exist in Lakeshore and as such, Cen Biotech wasn't required to obtain one. One cannot obtain that which does not exist.
Again, this is only my opinion but it is based upon my legal analysis of the above referenced facts for which i have provided a reference.
