Bylaw 2026-09 Cannabis Consumption Rescinds Bylaw 2018-05

Beiseker, Alberta

This is the exact embedded text of the captured official document. Snapshot 99d4d3d3b98f · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

BYLAW 2026-09 VILLAGE OF BEISEKER CANNABIS CONSUMPTION BYLAW Page 1 of 4 BEING A BYLAW OF THE VILLAGE OF BEISEKER, IN THE PROVINCE OF ALBERTA, THE PURPOSE OF THIS BYLAW IS TO REGULATE THE SMOKING AND VAPING OF CANNABIS IN SPECIFIC PUBLIC LOCATIONS WITHIN THE VILLAGE OF BEISEKER TO: - PROTECT CHILDREN AND YOUTH FROM EXPOSURE TO CANNABIS SMOKE AND VAPOUR, - SUPPORT THE ENJOYMENT AND SHARED USE OF PUBLIC SPACES, AND - ALIGN LOCAL RULES WITH EXISTING PROVINCIAL SMOKING AND VAPING RESTRICTIONS. WHEREAS pursuant to the Municipal Government Act, RSA 2000, c. M-26, as amended, Council may pass bylaws for municipal purposes respecting - the safety, health, and welfare of people and the protection of people and property, and - people, activities, and things in, on, or near a public place or a place that is open to the public; AND WHEREAS the Municipal Government Act authorizes a municipality to pass bylaws respecting the enforcement of bylaws made under the MGA or any other enactment; AND WHEREAS Council considers it desirable and in the public interest to limit the exposure of children and youth to the smoking and vaping of cannabis in public places within the Village of Beiseker; SECTION 1 TITLE 1.1 This Bylaw may be cited as the "Cannabis Consumption Bylaw" SECTION 2 DEFINITIONS 2.1 The following definitions shall apply to this Bylaw: a) "Cannabis" has the meaning assigned in the Cannabis Act (Canada). b) "Electronic Smoking Device" means a device used to produce vapour, emissions, or aerosol for inhalation. c) "Enforcement Officer" means a Peace Officer, RCMP member, or Bylaw Enforcement Officer appointed by the Village. d) "Municipal Property" means any land, building, park, playground, trail, sports field, or facility owned, leased, or controlled by the Village. e) "Owner" means the person registered under the Land Titles Act, RSA 2000, c L-7, as owner of the property, or the owner's authorized representative. f) "Penalty tag" means a tag or similar document issued by the Village of Beiseker pursuant to the Municipal Government Act. g) "Provincial Offences Procedure Act" means the Provincial Offences Procedure Act RSA 2000 Chapter P-34 and the regulations thereof as amended or replaced from time to time. h) "Public Place" means any place where smoking is prohibited under the Tobacco and Smoking Reduction Act (Alberta). i) "Smoke" or "Smoking" means inhaling, exhaling, burning, or carrying a lit cannabis product. j) "Vape" or "Vaping" means inhaling or exhaling vapour, emissions, or aerosol produced by an electronic smoking device containing cannabis. k) "Village" means the Village of Beiseker. l) "Violation Ticket" as per the Provincial Offences Procedure Act RSA 2000, Chapter P-34 and the regulations as amended or replaced from time to time. SECTION 3 GENERAL PROHIBITIONS 3.1 A person shall not smoke or vape cannabis in any Public Place. BYLAW 2026-09 VILLAGE OF BEISEKER CANNABIS CONSUMPTION BYLAW Page 2 of 4 3.2 A person shall not smoke or vape cannabis on any Municipal Property, including but not limited to: a) Playgrounds b) Parks c) sports fields d) trails e) municipal buildings f) community facilities g) outdoor event areas SECTION 4 DESIGNATED CONSUMPTION AREAS 4.1 Council or the Chief Administrative Officer may designate a temporary cannabis consumption area for a specific event or location. 4.2 A designation must be made in writing and must be clearly signed at the event or location. A designated area must be managed to ensure compliance with all applicable provincial and federal laws. SECTION 5 MEDICAL CANNABIS 5.1 A person authorized to possess cannabis for medical purposes under the Cannabis Regulations (SOR/2018-144) is exempt from this Bylaw except in locations where smoking or vaping is prohibited under provincial law. 5.2 An Enforcement Officer may request proof of authorization. SECTION 6 PENALTIES AND VOLUNTARY PAYMENT 6.1 Any person who contravenes a provision of this Bylaw is guilty of an offence and liable to a fine as set out in the Village of Beiseker Fees & Charges Bylaw, established pursuant to MGA s.8(c). 6.2 Where a Penalty tag has been issued under this Bylaw, the following voluntary payment amounts shall apply: a) Early Payment Amount 1: If the fine is paid within 15 days after the date of the offence, the amount payable shall be 40% of the fine. b) Early Payment Amount 2: If the fine is paid between 16 and 45 days after the date of the offence, the amount payable shall be 60% of the fine. c) Standard Fine: If payment is not made within 45 days after the date of issuance of the Penalty Tag, a Violation Ticket may be issued pursuant to the Provincial Offences Procedure Act, RSA 2000, c. P-34, and the Provincial Violation Ticket Amount shall be payable. d) If any payment deadline established in this section falls on a non-business day, the deadline is deemed to be extended to the next business day. 6.3 Payment of the voluntary penalty within the time specified shall constitute satisfaction of the offence. SECTION 7 ENFORCEMENT AUTHORITY OF AN ENFORCEMENT OFFICER 7.1 Any Enforcement Officer is hereby authorized to enforce this Bylaw. 7.2 No person shall interfere with, hinder, or obstruct an Enforcement Officer or any person authorized by this Bylaw who is attempting to enforce any provision of this Bylaw. SECTION 8 RESCINDED BYLAW 8.1 Bylaw 2018-05 Cannabis Consumption is hereby repealed SECTION 9 EFFECTIVE DATE BYLAW 2026-09 VILLAGE OF BEISEKER CANNABIS CONSUMPTION BYLAW Page 3 of 4 9.1 This Bylaw comes into force and effect upon the date of its third reading. Read a first time this ________ day of ________________, 2026. Read a second time this ________ day of ________________, 2026. Read a third time and finally passed this ________ day of ________________, 2026. ________________________________________ MAYOR ________________________________________ CHIEF ADMINISTRATIVE OFFICER BYLAW 2026-09 VILLAGE OF BEISEKER CANNABIS CONSUMPTION BYLAW Page 4 of 4 SCHEDULE "A" PENALTIES SECTION OFFENCE Penalty Tag - Early Payment (Within 15 Days of Offense) Penalty Tag - Early Payment (Days 16-45 After Offense) Municipal Penalty Tag PROVINCIAL VIOLATION TICKET (Specified) SECTION 3 GENERAL PROHIBITIONS 3.1 Smoking or vaping cannabis in a Public Place $40.00 $60.00 $100.00 $100.00 3.2 Smoking or vaping cannabis on Municipal Property $40.00 $60.00 $100.00 $100.00 SECTION 4 DESIGNATED CONSUMPTION AREAS 4.1 Consumption of cannabis in a non-designated area during an event $40.00 $60.00 $100.00 $100.00 4.2 Failure to comply with posted rules in a designated consumption area $40.00 $60.00 $100.00 $100.00 SECTION 7 ENFORCEMENT AUTHORITY OF AN ENFORCEMENT OFFICER 7.2 Interference with or obstruction of an Enforcement Officer $60.00 $90.00 $150.00 $150.00