Replies to post #176312 on Creative Edge Nutrition Inc (FITX)

[Odis]

DOES CEN BIOTECH HAVE THE PROPER ZONING?

On the issue of the Town of Lakeshore, we have been very prudent to ensure that Health Canada knew that their untimely decision to attempt to exempt our facility is of grave concern, especially when a “Ready to Build” letter was issued and all parties agreed there were no issues around zoning at time of construction and substantial investment. (Please see the Minutes of the Lakeshore 11/12/13 Town Council meeting on page 31-32 which documents that zoning was proper resulting in a “Ready to Build” letter.)

We were provided a letter confirming our position that our lands and buildings, with associated permits, et al was IN FACT in conforming use and legal in the aspects of the Chief Building Official, Morris Harding on October 8, 2014 and was also forwarded to the MMPR officials. Key points are the property was zoned properly and in accordance with the Town of Lakeshore Zoning By-Law Number 2-2012.

On February 24, 2015 in the Windsor Star, Steve Salmons, Director of Community Development was quoted as confirming precisely our argument, medical marijuana is a crop, and as such is to be on agricultural land. A move of a facility like ours to industrial will only endanger the quality of the plant, and the end quality to the patient. The article can be found HERE.

To quote Mr. Salmons, “...The property is zoned agricultural,” he said. “Everything they have done so far – even though it might be visually unappealing – is legal as a farming operation. Farms can put up fences or agricultural buildings like a pole barn.”

The land upon which the premises are located are zoned “Agricultural”:

Lakeshore Comprehensive Zoning By-Law s. 4(5)
October 8, 2014 correspondence from Morris Harding
November 12, 2013 memo from Administration (Salmons and Foran) to Lakeshore Town Council
“Processing” of medical marihuana is not an allowed activity under the MMPR, so no processing or “value added” may be done to the crop. It must be grown, harvested and sold
No Authorizations are necessary to grow harvest or sell a crop in an “Agricultural” zone. Site Plan Approval must be made if there is Value added, which includes “a use accessory to an agricultural use, used for the processing and refining of crops and produce....”

Lakeshore Comprehensive Zoning By-Law s. 4(6)
Lakeshore passed new By-Laws and Official Plan Amendments on November 25, 2014. The by-Laws and Official Plan Amendment have not been approved by the County. As the facilities have been built for the purpose of a Medical Marihuana Facility, the new by-laws cannot be applied retroactively. Please see the doctrine of legal nonconforming use.

Central Jewish Institute v. Toronto, [1948] 2 D.L.R. 1 (S.C.C.)
Saint-Romuald (City) v. Olivier, [2001] 2 SCR 898 (S.C.C.)
Confusion between Town of Lakeshore and Health Canada surround comments made by Bill Chaaban. Mr. Chaaban wrote to HC on October 8, 2014 indicating:

“As per your request, a letter dated today, October 8, 2014 whereby the Town of Lakeshore confirms, in writing, we are properly zoned with no issues reported by the Chief Building Official, Morris Harding, whom is the official recognized under the Municipal Act.
Mr. Foran, for the Town, wrote to HC on October 15, 2014:

“The advice provided to you in the October 8th correspondence from CEN Biotech Inc. to the effect that the property is appropriately zoned with no issues relating to the use of that property for medical marihuana production facilities is simply incorrect”
The Applicant submits that they provided accurate information to HC, based on the statements and letters of Town officials. Mr. Foran appears to have misquoted Mr. Chaaban’s words.

Reference correspondence from CEN dated October 19 & 29, 2014 and from Baksh to HC dated October 30, 31 and November 6, 2014.

It is the Applicant’s position that there is no issue as to proper zoning or authorizations to operate the business of a medical marihuana facility on the site.

HC letter - “These unresolved issues lead to concerns about appropriate municipal services being in place.”

The level of municipal services presently in place will be adequate to run the facility. There are no issues as to water, sewage or electrical consumption
CEN letter to HC dated November 18, 2014 with attachments.
DOES CEN BIOTECH HAVE THE PROPER MUNICIPAL SERVICES?

To quote the ‘Town Administrator, “...the property doesn’t have the water, hydro and sewage services that will be needed to support a facility which was touted to annually produce 600,000 kilograms of medical marijuana...”. However, we can honestly state on the record that our organization has been refused ANY further permits, pending Lakeshore counsel’s legal approval of every single permit since the time the amendment was passed in November, 2014 preventing our land use rights to develop the property properly to accommodate any further requirements of the municipality, or that of the facility. We submitted our business plan and third party engineering reports evidencing our proposed build-out to the 600,000kg capacity.

http://www.cenbiotechinc.com/PlatformApps/CEN/c1/faq.html

[Odis]

HC letter - “These unresolved issues lead to concerns about appropriate municipal services being in place.”

The level of municipal services presently in place will be adequate to run the facility. There are no issues as to water, sewage or electrical consumption
CEN letter to HC dated November 18, 2014 with attachments.
DOES CEN BIOTECH HAVE THE PROPER MUNICIPAL SERVICES?

To quote the ‘Town Administrator, “...the property doesn’t have the water, hydro and sewage services that will be needed to support a facility which was touted to annually produce 600,000 kilograms of medical marijuana...”. However, we can honestly state on the record that our organization has been refused ANY further permits, pending Lakeshore counsel’s legal approval of every single permit since the time the amendment was passed in November, 2014 preventing our land use rights to develop the property properly to accommodate any further requirements of the municipality, or that of the facility. We submitted our business plan and third party engineering reports evidencing our proposed build-out to the 600,000kg capacity.