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Cannabis Consumption Bylaw, B-26/2018
Page 1
Includes amendments up to and including October 21, 2019
BYLAW NO. B-26/2018
OF THE CITY OF AIRDRIE
IN THE PROVINCE OF ALBERTA
WHEREAS pursuant to the Act to Control and Regulate Cannabis, S.A. 2017, Chapter
21 and amendments thereto, a municipal Council may pass bylaws regarding the public
consumption of Cannabis;
AND WHEREAS the Municipal Government Act, RS.A. 2000 Chapter M-26 as
amended, authorizes Council to pass bylaws respecting:
(a)
the safety, health and welfare of people and the protection of people and
property;
(b)
people, activities and things in, on or near a public place or place that is
open to the public;
(c)
businesses, business activities and persons engaged in business;
AND WHEREAS Council deems it expedient and appropriate to regulate the
consumption of Cannabis within the City of Airdrie to protect people from being
negatively impacted by the smoke, vapour, emissions or aerosols from Cannabis and to
prevent behaviours, activities and conduct that may have a negative impact on the
enjoyment of property and public places within the City of Airdrie;
NOW THEREFORE the Council of the City of Airdrie, duly assembled, enacts as
follows:
SECTION 1 - SHORT TITLE
1.01 This Bylaw may be cited as the "Cannabis Consumption Bylaw".
SECTION 2 - DEFINITIONS
In this Bylaw, the following terms have the following meanings:
2.01 "Bylaw Enforcement Officer" means a Person appointed pursuant to City Bylaw
No. 8-07/1997 to enforce the provisions of this Bylaw and other bylaws of the
City;
2.02 "Cannabis" has the same meaning as in the Act to Control and Regulate
Cannabis, S.A. 2017, Chapter 21 and any amendments thereto, and includes
leaves, stems, buds, oil and other parts or derivatives of the Cannabis plant;
2.03 "Cannabis Consumption Site" means a location designated by the City for the
lawful consumption of Cannabis as specified in Schedule "A";
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Includes amendments up to and including October 21, 2019
2.04 "City" means the municipal corporation of the City of Airdrie and the geographic
area contained within its boundaries, as the context requires;
2.05 "City Manager" means the individual appointed by Council as chief
administrative officer for the City in accordance with the Municipal Government
Act or his/her delegate;
2.06 "Consumption" or "Consume" means the smoking, vaping or any other
method of inhaling or exhaling Cannabis and includes the holding or otherwise
having control of any device or thing containing lit or heated Cannabis or which is
producing vapour, emissions or aerosol from Cannabis;
2.07 "Council" means the duly elected Council of the City;
2.08 "Municipal Government Act" means the Municipal Government Act, RSA 2000,
Chapter M-26 as amended, together with all regulations passed thereunder;
2.09 "Municipal Tag" means a violation tag or similar document issued by the City
pursuant to the Municipal Government Act and as referred to in Section 9 below;
2.10 "Officer" means a Person appointed by the City to enforce the provisions of this
Bylaw including a Bylaw Enforcement Officer, Peace Officer or a member of the
RCMP;
2.11 "Peace Officer" means an individual appointed pursuant to the Peace Officer
Act, S.A. 2006, Chapter P-36, and any amendments thereto;
2.12 "Person" includes an individual, proprietorship, corporation, company,
partnership or society;
2.13 "Premises" means any property, land, building and/or structure including but not
limited to commercial, industrial, recreational and institutional property but does
not include a Private Residence;
2.14 "Private Residence" means a self-contained living premise for domestic use of
one or more individuals and where access is provided from a separate private
entrance from the exterior of a building or from a common hall, lobby or stairway
and includes a parked recreational vehicle being utilized as a temporary
residence, balconies, yards, gardens, decks, patios, private sidewalks, private
driveways or other outside area whether or not covered by a roof;
2.15 "Smoking Bylaw" means City of Airdrie Smoking Bylaw No. B-44/2004 as
amended from time to time;
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Includes amendments up to and including October 21, 2019
2.16 Deleted1
2.17 "Specified Penalty" has the same meaning as in the Provincial Offences
Procedure Act, RS.A. 2000 Chapter P-34, as amended and regulations
thereunder; and
2.18 "Violation Ticket" means a ticket issued pursuant to Part II of the Provincial
Offences Procedure Act, RS.A. 2000 Chapter P-34, as amended and regulations
thereunder, and as referred to in Section 10 of this Bylaw; and
SECTION 3 - GENERAL PROVISIONS
3.01 Consumption of Cannabis is prohibited within the City unless consumed at a
Private Residence, on a portion of the designated Cannabis Consumption Site
set out in Schedule "A" as indicated by signage, or in accordance with Section 4.
3.02 No Person who owns, occupies, leases, rents, or controls a Premises may permit
or allow the Consumption of Cannabis on or in that Premises in contravention of
this Bylaw. 2
3.03 Nothing in this Bylaw supersedes the provisions set out in the Smoking Bylaw
with respect to the smoking or vaping of substances other than Cannabis, as
such substances are defined in the Smoking Bylaw.
SECTION 4 - PRIVATE SPECIAL EVENTS
4.01 The City shall have no involvement, including law enforcement, with any special
event held on private property. The organizer of such events must comply with all
federal, provincial and municipal legislation.3
SECTION 5 - MEDICAL CANNABIS
5.01 (1)
A person who is entitled to possess cannabis pursuant to a medical
document issued pursuant to the Access to Cannabis for Medical
Purposes Regulations, SOR/2016-230 is not subject to this Bylaw.
(2)
A person referred to in subsection (1) must, on demand of an Officer,
produce a copy of the person's medical document.
(3)
A person referred to in subsection (1) is subject to Smoking Bylaw No. 8-
44/2004.
1 Bylaw B-18/2019
2 Bylaw B-26/2018
3 Bylaw B-18/2019
Cannabis Consumption Bylaw, B-26/2018
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Includes amendments up to and including October 21, 2019
SECTION 6 - OFFENCES
6.01 Any Person who contravenes any provision of this Bylaw is guilty of an offence.
6.02 In the case of an offence that is of a continuing nature, an offence shall constitute
a separate offence in respect of each day, or part of a day, on which that
contravention of the Bylaw continues.
6.03 It is the intention of Council that all offences created by this Bylaw be interpreted
to be strict liability offences.
SECTION 7 - PENALTIES
7.01 Any corporation, company, partnership, proprietorship or society which
contravenes a provision of this Bylaw is guilty of an offence and liable on
summary conviction to a fine not exceeding ten thousand ($10,000.00) dollars.
7.02 Any individual who contravenes a provision of this Bylaw is guilty of an offence
and liable on summary conviction to a fine not exceeding One Thousand
($1,000.00) dollars and for a second or subsequent offence, to a fine of not more
than Five Thousand ($5,000.00) dollars.
7.03 The Specified Penalty for an offence committed pursuant to this Bylaw is
established as follows:
Corporations, companies, partnership, proprietorship, society
$1,000.00
Individual
$ 250.00
SECTION 8 - ENFORCEMENT
8.01 An Officer is a "designated officer" for the purposes of Sections 542 - 545 of the
Municipal Government Act.
8.01 For the purpose of enforcing this Bylaw, an Officer, upon producing proper
identification, may at all reasonable hours, enter any place where the
Consumption of Cannabis is prohibited and carry out inspections, remedies,
enforcement or other actions in accordance with Section 542 of the Municipal
Government Act.
SECTION 9 - MUNICIPAL TAGS
9.01 An Officer is hereby authorized to issue a Municipal Tag to any Person who the
Officer has reasonable and probable grounds to believe has contravened any
provision of this Bylaw.
9.02 A Municipal Tag may be issued to such Person:
Cannabis Consumption Bylaw, B-26/2018
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Includes amendments up to and including October 21, 2019
(a)
either personally;
(b)
by mailing a copy of the Municipal Tag to such Person at his/her last
known postal address, or
(c)
if upon a corporation, company, partnership, proprietorship or society, by
mailing a copy to the Municipal Tag to the registered office as shown in
the applicable registry office search,
and such service shall be deemed to be good and sufficient for the
purpose of this Bylaw
9.03 Where a Municipal Tag has been mailed, it shall be deemed to have been
received fourteen (14) days after mailing.
9.04 The Municipal Tag shall be in a form approved by the City Manager and shall
state:
(a)
the name of the Person;
(b)
the nature of the offence including the relevant Bylaw provision(s) ;
(c)
the municipal or legal description of the land on or near where the offence
took place;
(d)
the appropriate penalty for the offence as specified in Section 7 of this
bylaw;
(e)
that the penalty shall be paid within thirty (30) days of the issuance of the
Municipal Tag;
(f)
any other information as may be required by the City Manager.
9.05 Where a Municipal Tag is issued pursuant to Section 9 of this Bylaw, the Person
to whom the Municipal Tag is issued may, in lieu of being prosecuted -for the
offence, pay the penalty specified on the Municipal Tag to the City within the time
period indicated on the Municipal Tag.
9.06 Nothing in this Bylaw shall prevent an Officer from immediately issuing a
Violation Ticket.
SECTION 10 - VIOLATION TICKET
10.01 In those cases where a Municipal Tag has been issued and if the penalty
specified on a Municipal Tag has not been paid within the prescribed time, an
Cannabis Consumption Bylaw, B-26/2018
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Includes amendments up to and including October 21, 2019
Officer is hereby authorized to issue a Violation Ticket.
10.02 Notwithstanding Section 10.01 of this Bylaw, an Officer is hereby authorized to
immediately issue a Violation Ticket to any Person who the Officer has
reasonable grounds to believe has contravened any provision of this Bylaw.
SECTION 11 - MISCELLANEOUS
11.01 If any section or sections of this Bylaw or parts thereof are found in any court of
law to be illegal or beyond the power of Council to enact, such section or
sections or parts thereof shall be deemed to be severable and all other sections
or parts of this Bylaw shall be deemed to be separate and independent therefrom
and to be enacted as such.
11.02 Nothing in this Bylaw relieves a Person from complying with any Federal,
Provincial or City legislation, bylaw, regulation, permit, order, license, approval or
other direction.
11.03 The expenses and costs of any enforcement action or measures taken by the
City are an amount owing to the City by the Person in contravention of this
Bylaw.
11.04 Where any contravention of this Bylaw occurs on property for which the Person
who committed the contravention is the registered owner, any unpaid
enforcement expenses or costs may be added to the tax roll of that property in
accordance with the Municipal Government Act.
11.05 This Bylaw comes into force on the date that Bill 45, An Act respecting Cannabis
and to amend the Controlled Drugs and Substances Act, the Criminal Code and
other Acts, 1st Sess, 42nd Parl., 2017, comes into force.
Read a first time this 3rd day of July, 2018.
Read a second time this 3rd day of July, 2018
Read a third time this 20th day of August, 2018
Executed this 20th day of August, 2018.
Consolidated ________________
" P. Brown"
___________________________
Mayor
City Clerk
"K. Kituik"
City Clerk
12/16/22
Charlotte Satink
Digitally signed by Charlotte Satink
Date: 2022.12.16 16:13:09 -07'00'
Cannabis Consumption Bylaw, B-26/2018
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Includes amendments up to and including October 21, 2019
SCHEDULE A4
Cannabis Consumption Sites
5
5 Bylaw B-36/2008