Pubdate: Fri, 16 Nov 2012
Source: Coast Reporter (CN BC)
Copyright: 2012 Coast Reporter
Contact:  http://www.coastreporter.net/
Details: http://www.mapinc.org/media/580
Author: Christine Wood
Page: 15

COUNCIL CONFUSED ABOUT CONTROLLED SUBSTANCE BYLAW

Sechelt councillors were confused about the intent of a new 
controlled substance bylaw and decided to send it back to staff at 
second reading for more clarification during their Nov. 7 council meeting.

"I would like to have a better sense of what are we really trying to 
achieve," said Mayor John Henderson, questioning what exactly the 
District was trying to regulate with the new bylaw. "Is it controlled 
substances or is it mould?"

The new controlled substances bylaw was before council for three 
readings Nov. 7. It allows the municipality authority to deal with 
mould and building code issues found in homes with grow ops or other 
controlled substance operations.

The bylaw comes with potentially huge fines for homeowners caught in 
contravention, and it would be the police who would alert the 
District to potential bylaw breakers, councillors were told.

"Typically what happens is that the police will identify a grow op 
and bylaw enforcement might help them with that, fire might help them 
with that, but the police would identify and they would have to 
monitor that to make sure that, in fact, their suspicions were 
correct. Then they'd go in and do what they call the bust, and 
immediately after that, invite the municipality to attend the site 
and to put up the notices to say this site can't be occupied until 
it's been cleaned up," said assistant corporate officer Gerry van der 
Wolf. "Then it's up to the municipality to follow up with the 
property owner to make sure that it's cleaned up according to the 
bylaw, and then there's a certificate issued eventually to say that 
now it can be re-inhabited."

The bylaw doesn't discriminate between legal and illegal grow ops; 
however, van der Wolf said legal grow ops wouldn't likely gain the 
attention of police, who generally start the process.

Coun. Darnelda Siegers moved first reading of the bylaw, saying it 
would protect future homeowners and renters from moving into homes 
with unresolved mould and electrical issues, which may have just been 
"painted over."

Coun. Chris Moore felt the bylaw was picking on pot growers and made 
it clear he would not support it.

"You don't need to have a grow op to have mould and mildew in houses. 
There's a lot of houses around right now that have real issues with 
mould and mildew in them that have no direct bearing to cultivating 
marijuana," Moore said. "So if we want to go after all mould and 
mildew, we should just make a bigger net and make it illegal for 
anyone to have mould and mildew in their house."

He noted there are a "huge number" of people in the Sechelt community 
who hold medical marijuana licences.

"We're going to get in their way with this one too, there's no 
question. There will once again be challenges on the Charter of 
Rights and we will have challenges because we are going to get in 
their face on an issue I don't think we have any place to be," Moore said.

Henderson admitted he was "struggling" with the bylaw, saying he 
wanted to ensure constituents were safe, but that even keeping a 
home's windows closed could result in mould issues.

Coun. Mike Shanks moved to table first reading in order to get more 
clarification on the bylaw, but no one was willing to second.

"OK. I guess we'll be proceeding in ignorance then," Shanks said.

When first reading was called, it passed, with councillors Alice 
Lutes, Doug Hockley, Shanks and Siegers in favour and Tom Lamb, Moore 
and Henderson opposed.

More discussion followed with Lamb questioning the potentially broad 
net of the bylaw.

"It's too wide and too onerous," he said.

Siegers asked that in light of Moore's and Lamb's concerns the bylaw 
be sent back to staff for clarification on "what it does and doesn't cover."

Moore asked again for statistics demonstrating the need for a 
controlled substance bylaw before council agreed to defer second 
reading for more clarification.
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MAP posted-by: Jay Bergstrom