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TOWN OF BASHAW
BYLAW #786 - 2018
PAGE 1 OF 7
TOWN OF BASHAW
IN THE PROVINCE OF ALBERTA
BYLAW #786 - 2018
CANNABIS CONTROL BYLAW
A BYLAW OF THE TOWN OF BASHAW IN THE PROVINCE OF ALBERTA TO REGULATE THE
CONSUMPTION OF CANNABIS AND CONTROL ITS USES.
WHEREAS the Government of Canada has passed the Cannabis Act (Bill C-45, an Act
respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code
and other Acts, 1st Session, 42nd Parliament, 2017) which will permit persons to possess
cannabis; and
WHEREAS the Cannabis Act has come into force in 2018; and
WHEREAS the Province of Alberta has enacted an Act to Control and Regulate Cannabis, S.A.
2017, c. 21, which will place restrictions on the smoking or vaping of cannabis in public places;
and
WHEREAS pursuant to the provision of the Municipal Government Act (MGA), Revised
Statutes of Alberta 2000, Chapter M-26 and amendments thereto, Council may pass a bylaw for
municipal purposes respecting the safety, health and welfare of people and the protection of
people and property, people activities and things in, on or near a public place or place that is
open to the public; and
WHEREAS Council deems it prudent to impose additional restrictions on the smoking, vaping
and other forms of consumption of cannabis in public places to prevent behaviours and conduct
that may have a negative impact on the enjoyment of public places;
NOW THEREFORE, the Council of the Town of Bashaw, duly assembled, enacts as follows:
TOWN OF BASHAW
BYLAW #786 - 2018
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PART I - TITLE, PURPOSE, DEFINITIONS AND
INTERPRETATION
TITLE
1) This bylaw shall be known as the "Cannabis Control Bylaw" of
the Town of Bashaw.
PURPOSE
2) The Purpose of this Bylaw is to regulate the consumption of
cannabis and control it's uses within the Municipality of the
Town of Bashaw.
DEFINITIONS
3) In this bylaw:
(a) cannabis has the same meaning as defined in the Cannabis
Act;
(b) Cannabis Act means Bill C-45, an Act respecting cannabis
and to amend the Controlled Drugs and Substances Act, the
Criminal Code and other Acts;
(c) Chief Administrative Officer (CAO) means the person
appointed to the position of Chief Administrative Officer for
the Town of Bashaw by Council within the meaning of the
MGA;
(d) Council means the municipal Council of the Town of
Bashaw duly elected under the Local Authorities Election
Act;
(e) electronic smoking device means an electronic device that
can be used to deliver a vapour, emission or aerosol to the
person inhaling from the device, including but not limited to
an electronic cigarette, cigar, cigarillo or pipe;
(f) Peace Officer means:
i. a member of the Royal Canadian Mounted Police;
ii. a Community Peace Officer as appointed by the Solicitor
General of Alberta; or
iii. a Bylaw Enforcement Officer as appointed by the Town
to enforce bylaws of the Town;
(g) public place means any place to which the public has
access as of right or by invitation, express or implied;
Examples; include but are not limited to: town streets,
Bashaw Community Centre, Bashaw Agriculture building
and Grounds, Tourist Booth, all recreational parks, etc.
TOWN OF BASHAW
BYLAW #786 - 2018
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(h) smoke or smoking means:
i. inhaling or exhaling the smoke produced by burning
cannabis; or
ii. holding or otherwise having control of any device or
thing containing lit cannabis;
(i) vape or vaping means:
i. inhaling or exhaling the vapour, emissions or aerosol
produced by an electronic smoking device or similar
device containing cannabis; or
ii. holding or otherwise having control of an electronic
smoking device that is producing vapour, emissions or
aerosol from cannabis;
(j) violation tag means a notice or tag in the form as approved
by the CAO, issued by the Town, allowing a voluntary
payment option of a fine established under this Bylaw;
(k) violation ticket means a ticket issued pursuant to Part 2 of
the Provincial Offences Procedures Act, Revised Statutes of
Albert 2000, Chapter P-34 and any amendments or
regulations thereto.
RULES FOR
INTERPRETATION
4) The marginal notes and headings in this bylaw are for reference
purposes only.
PART II - PROHIBITION
PROHIBITION
5) No person shall smoke, vape, or consume cannabis in any
public place.
PART III - NUISANCES
NUISANCES
6) No person shall cause or permit the consumption of cannabis on
property they own or occupy if the consumption is likely to
disturb the peace of any other individual. In considering how
the consumption disturbs the peace of any other individual, the
following criteria shall be considered:
(a) The form of cannabis being consumed;
(b) The time of day and duration of consumption;
(c) Proximity of the consumption to adjacent or affected
properties;
(d) Impact of the consumption on the health or well-being of
others;
TOWN OF BASHAW
BYLAW #786 - 2018
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(e) Nature and intended use of surrounding areas, and;
(f) Steps taken by the owner or occupier of the property to
reduce or mitigate the impacts to other individuals.
PART IV - PENALTIES AND ENFORCEMENT
7) Any person who contravenes any provision of this Bylaw is
guilty of an offence and is liable on summary conviction to
a fine of not more than Ten Thousand ($10,000.00) Dollars.
8) Where there is a specified penalty listed for an offence in
Schedule "A" to this Bylaw, that amount is the minimum
specified penalty for the offence.
9) In the case of an offense that is of a continuing nature, a
contravention constitutes a separate offense in respect of
each day or part of a day on which it continues.
10) The levying and payment of any fine provided in this
Bylaw shall not relieve a person from the necessity of
paying any fees, charges or costs from which that person is
liable under the provisions of this Bylaw or any other
Bylaw.
11) Any Peace Officer who has reasonable and probable
grounds to believe that any person has contravened any
provision of this Bylaw may issue and serve:
(a) a violation tag allowing a payment of the specified penalty
to the Town; or
(b) a violation ticket allowing payment according to the
provisions of the Provincial Offences Procedure Act,
Revised Statutes of Alberta 2000, Chapter P-34 and
amendments thereto.
12) Service of a violation tag will be sufficient if it is
(a) personally served; or
(b) served by regular mail to the person's last known mailing
address.
13) If a violation ticket is issued in respect to an offence, the
violation ticket may:
TOWN OF BASHAW
BYLAW #786 - 2018
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(a) specify the fine amount established by this Bylaw for the
offence; or
(b) require a person to appear in Court without the alternative
of making a voluntary payment.
14) A person who commits an offence may:
(a) if a violation ticket is issued in respect of the offence; and
(b) if the violation ticket specified the fine amount established
by this Bylaw for the offence;
make a voluntary payment equal to the specified fine by
delivering the violation ticket and the specified fine to the
location specified on the violation ticket.
PART V - GENERAL
15) Any person who contravenes any provision of this Bylaw by:
(a) doing any act or thing which the person is prohibited from
doing; or
(b) failing to do any act or thing the person is required to do;
is guilty of an offence and any offence created pursuant to this
Bylaw is a strict liability offence for the purposes of prosecution
under this Bylaw.
16) Nothing in this Bylaw relieves a person from complying with
any provision of any federal or provincial law or regulation,
other Bylaw, or any requirement of any lawful permit, order or
license.
17) Words in the singular include the plural and words in the plural
include the singular.
18) This Bylaw is gender-neutral and, accordingly, any reference to
one gender includes the other.
19) Schedule "A" shall form a part of this Bylaw and may, from
time to time, be amended by Council.
20) No provision of this Bylaw or any action taken pursuant to any
provision of this Bylaw shall restrict, limit, prevent or preclude
the Town from pursuing any other remedy in relation to a
premises as provided by the Municipal Government Act, or any
other law of the Province of Alberta.
TOWN OF BASHAW
BYLAW #786 - 2018
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Received First Reading this 6th day of December, 2018
Received Second Reading this ____day of ___________, 2018
Received Third & Final Reading this ______ day of _____________, 2018
Signed by the Mayor and the Chief Administrative Officer this day of ______________, 2018
TOWN OF BASHAW
MAYOR
CHIEF ADMINISTRATIVE OFFICER
SEVERABILITY
21) It is the intention of Council that each separate provision of this
Bylaw shall be deemed independent to all other provisions
herein and it is the further intention of Council that if any
provision of this Bylaw is declared invalid, all other provisions
hereof shall remain valid and enforceable.
EFFECTIVE DATE
22) This Bylaw shall come in force upon the date of its third and
final reading.
SCHEDULE "A"
TOWN OF BASHAW
BYLAW 786 - 2018SCHEDULE "A"
PAGE 8 OF 7
SECTION
OFFENCE
PENALTY
1st offence
PENALTY
2nd /subsequent
offences
5
Consume cannabis in public place
$250.00
$500.00
8
Disturb the peace
$250.00
$500.00