The bylaws are a changin’.

As the nation gets set for marijuana legalization in October, the city is preparing changes to certain bylaws in light of both federal legislation and territorial regulations.

At Tuesday evening’s council meeting, members were presented with amendments to the business licence bylaw and the controlled substance properties bylaw.

It was the changes to the business licence bylaw that prompted significant discussion among council members.

Under that bylaw, specific regulations for cannabis businesses would:

• restrict the hours of operation from 8 a.m. to 10 p.m.;

• require criminal record checks of owner/operators and employees of the business; and

• place restrictions on bars or roll down shutters and limit signage.

There are also rules around security alarms and video surveillance, providing the city with a lease certificate for the premises, and providing names of photo identification of all staff.

Also covered is ensuring the use of cannabis is not promoted nor advertised in any way that “may reasonably be seen or heard by a child or young person who is outside the business premises.”

Breaching the proposed provisions could result in fines of $200 for failing to maintain video, security or fire alarm systems; displaying items related to the consumption of cannabis in a way that could be viewed by a child or young person; and advertising or promoting cannabis use outside the business.

Higher fines of $400 are proposed for failing to undergo a certified criminal records check and operating a business during restricted hours.

The regulations raised numerous concerns for Coun. Betty Irwin. She wondered why so many conditions are proposed around cannabis sales, but not alcohol.

“Why, if both types of stores would be selling a legal product, should they be treated differently?” she questioned.

“It almost seems as if by separating these two types of stores by the products they sell, we are imposing some sort of moral judgment here.”

Jeff O’Farrell is the city’s director of community and recreation services who also heads up the city’s cannabis working group.

He pointed out that council has the final say on the bylaws and can make changes. He also explained the bylaw was drafted to be more restrictive as a precautionary measure.

He noted it’s typically easier to relax restrictions that are found to not be needed than to tighten rules up later that may be needed.

Irwin also argued the requirement for criminal records checks could be seen as violating human rights legislation.

Mike Gau, the city’s director of development services, replied that staff would look into that concern.

Questioned by Coun. Rob Fendrick, Gau also confirmed that if the criminal records check is required and it’s found someone with the business may have a record, a designated officer with the city would consider whether it’s in the public interest to issue a business licence.

Factors such as the nature of a past crime, how long ago it was committed and other details would be part of that decision.

City staff also pointed out that under the Yukon government’s legislation, the territory will be the only retailer of legal cannabis when it’s first legalized, with a future phase of legislation allowing for private retailers.

When questioned by Mayor Dan Curtis, Gau also said that both territorial legislation and city bylaws will apply to retailers.

In cases where one set of rules is more strict than another, the more strict regulation will be the one to be followed.

After discussion on the business licence bylaw, bylaw manager Dave Pruden brought forward the changes to the controlled substance properties bylaw.

As he stated in his report to council: “Minor changes are proposed to the controlled substance properties bylaw to reflect the upcoming withdrawal of cannabis from the federal Controlled Drugs Substances Act.

“These changes are also required to align the city’s bylaw with the provisions of the Yukon Government’s proposed cannabis legislation,” Pruden said.

“It will be important to continue to have a controlled substance properties bylaw to deal with issues in properties that are considered grow operations outside of the legal allowable personal cultivation limits.”

The definition of grow operations will now specify it as the cultivation of marijuana plants in quantities larger than those authorized under law, as well as other plants that are listed as controlled substances and the production of amphetamines.

It also makes clear that “except as permitted by the zoning bylaw, a person shall not cause, allow, or permit in a building, the manufacture, growing, storage, transfer or disposal of a substance that emits odors, fumes or particulate matter that disturbs the enjoyment, comfort of convenience of individuals.”

Curtis was quick to praise city staff in their efforts to adjust bylaws and regulations to address the changes that will come with the legalization of cannabis.

Council will vote on whether to move forward with the changes to both bylaws at next week’s council meeting.