HENVEY INLET FIRST NATION BAND COUNCIL RESOLUTION
Moratorium On Commercial Cannabis Operations Within Reserves 2 And 13 - Thursday 12 August 2021
BACKGROUND
- Canada and Ontario have passed laws permitting, in limited circumstances, commercial cannabis operations, including operations relating to the cultivation, production, processing, packaging, distribution and sale of cannabis and cannabisrelated products.
- Henvey Inlet First Nation has yet to develop, ratify and implement a land law and/or by-law governing commercial cannabis operations within the Henvey Inlet Reserve No. 2 and the French River Reserve No. 13.
- In the course of consultations with the community of Henvey Inlet First Nation, members have expressed concerns about commercial cannabis operations, where such practices are unregulated.
- Council recognizes the need to develop a land law and/or by-law regarding commercial cannabis operations in accordance with the wishes of the members residing on the Henvey Inlet Reserve No. 2 and the French River Reserve No. 13.
- Pending the development, ratification and implementation of the land law and/or by-law, Council wishes to prohibit commercial cannabis operations within the two reserves.
- Pursuant to section 8.09 of the Henvey Inlet First Nation Land Code, as restated and amended, Council has authority to pass an emergency Land Law where needed urgently to protect Members and Henvey Inlet First Nation Lands, by Band Council resolution, without following the normal notice requirements in subs. 8.05 of the Land Code, provided that such emergency Land Law shall expire 120 days after its enactment, unless re-enacted in accordance with section 8.05.
- Pursuant to the First Nation Lands Management Act, Henvey Inlet First Nation has authority to enact Land Laws to create offences punishable on summary conviction and to provide for the imposition of fines, imprisonment, restitution, community service and any other means for achieving compliance with such Land Laws.
BE IT RESOLVED:
- In this Land Law,
a. "cannabis" means any part of a cannabis plant, including the phytocannabinoids produced by, or found in, such a plant, regardless of whether that part has been processed or not, any substance or mixture of substances that contains or has on it any part of such a plant, and any substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained; and
b. "commercial cannabis operation" includes the cultivation, production, processing, packaging, distribution and sale of cannabis and cannabis-related products for commercial purposes, but does not include cultivation by an individual for that individual's personal consumption, as permitted by law. - Council will undertake the development of a land law and/or by-law governing commercial cannabis operations within Henvey Inlet Reserve No. 2 and French River Reserve No. 13, to be put to a community approval vote.
- Until that land law and/or by-law is ratified and implemented, no person shall carry on a commercial cannabis operation within the Henvey Inlet Reserve No. 2 or the French River Reserve No. 13.
- Any person operating an existing commercial cannabis operation shall not be grandfathered under this Land Law and shall cease any and all such operations effective immediately and, in any event, by no later than September 8, 2021.
- Any person who contravenes this Emergency Land Law shall be subject to prosecution by summary conviction and, upon a first conviction, to a fine of $10,000.00 or imprisonment for up to three months or both a fine and imprisonment, and on any subsequent conviction, and to a fine of $100,000.00 or imprisonment for a period of six months or both a fine and imprisonment.
- This Emergency Land Law shall take effect at 12:01 a.m. on Friday, 13 August 2021 and shall expire at 12:01 a.m on Saturday, 11 December 2021.
- The Director of Finance and Administration is requested to cause notice of the enactment of this Emergency Land Law to be posted in prominent places in Henvey Inlet First Nation's Band Administration Offices, and on the Henvey Inlet First Nation website, and in any other manner which the Director of Finance and Administration may deem appropriate.
