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CITY OF CHESTERMERE
PROVINCE OF ALBERTA
BYLAW #017-18
A Bylaw of the City of Chestermere, in the Province of Alberta, for the purpose of
regulating and controlling the public use of cannabis within the City of
Chestermere.
WHEREAS the Municipal Government Act R.S.A. 2000, c. M-26 and
amendments thereto authorize the Municipality to pass bylaws to regulate
activities on or near a public place or place that is open to the public;
WHEREAS the Municipality deems it necessary for the health, safety, welfare
and comfort of residents to pass a bylaw to regulate and control the use of
cannabis within the City of Chestermere; and
NOW THEREFORE the Municipal Council of the City of Chestermere, in the
Province of Alberta, duly assembled, enact as follows:
1.
TITLE
This Bylaw may be cited as the City of Chestermere "Cannabis
Consumption Bylaw".
2.
DEFINITIONS
In this Bylaw:
(a) "Cannabis" has the meaning given to it in the Cannabis Act;
(b) "Cannabis Act" means Bill C-45, an Act respecting cannabis and to amend the
Controlled Drug and Substances Act; the Criminal Code of Canada and other
Acts, 1st Sess, 42nd Pari, 2017;
(c) "City" means the municipal corporation of the City of Chestermere, in
the Province of Alberta, or the area within the City of Chestermere's
corporate limits, as the context requires;
(d) "Electronic Smoking Device" means an electronic device that can be
used to deliver nicotine or other substances to the Person inhaling from
the device, and includes but is not limited to an electronic cigarette,
cigar, cigarillo or pipe;
(e) "Municipal Government Act" means the Municipal Government Act,
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R.S.A. 2000, Chapter M-26, as amended or replaced from time totime;
(f) "Peace Officer" means a member of a Police Service, or a Peace
Officer appointed pursuant to the Peace Officer Act, S.A. 2006, c. P-3.5
and the regulations thereof, as amended or replaced from time to time;
(g) "Person" means an individual or any business entity including a firm
partnership, association, corporation, company or society;
(h) "Public Place" includes any place or location to which the public has
access by right or by invitation, expressed or implied;
(i) "Smoke" or "Smoking" means:
inhaling or exhaling the smoke produced by lit, burning, ignited or
heated Cannabis;
holding or otherwise having control of lit, burning, ignited or heated
substance, or any other device or thing containing lit, burning, ignited
or heated Cannabis
inhaling or exhaling the vapour, emissions or aerosol produced by an
Electronic Smoking Device or any other device containing any
Cannabis;
Holding or otherwise having control of an Electronic Smoking Device
or any other device that is capable or producing vapour, emissions,
or aerosol from Cannabis.
i.
i i.
in.
IV.
3.
APPLICATION
(a) 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.
(b) Any heading, sub-headings, or tables of contents in this Bylaw are
included for guidance purposes and convenience only and shall not
form part of this Bylaw.
(c) Where this Bylaw refers to another Act, bylaw, regulation or
agency, it includes reference to any Act, bylaw, regulation or
agency that may be substituted consequently.
(d) AII the schedules attached to this Bylaw shall form a part of this
Bylaw.
(e) This bylaw is gender-neutral and, accordingly, any reference to one
gender includes the other.
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(f) A copy of a record of the City, certified by a designated officer as a
true copy of the original, shall be admitted in evidence as prima
facie proof of the facts stated in the record without proof of the
appointment or signature of the Person signing it.
(g) All offences created pursuant to this Bylaw are to be construed and
considered to be strict liability offences.
4.
PROHIBITIONS
(a) No Person is permitted to Smoke, use an Electronic Smoking Device or any
other device for the consumption of Smoke, vapor, emissions or aerosol from
Cannabis within a Public Place in the City of Chestermere.
(b) A Person that is permitted 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.
(c) Any Person as described in Section 4(b) must, on demand of a Peace Officer,
produce a copy of their medical certificate.
(d) Any Person as described in Section 4(b) is still restricted in use at the locations
as listed in the Alberta Tobacco Reduction Act and the Chestermere Smoking
Bylaw.
5.
PENALTIES
(a) Every Person who contravenes any of the provisions of this Bylaw by
doing any act or thing which the Person is prohibited from doing is guilty
of an offence.
(b) Any Person who is convicted of an offence pursuant to this Bylaw is liable
on summary conviction to a fine not exceeding $10,000.00 or in default of
payment (1) one-year imprisonment, or to fine and imprisonment.
(c) Where there is a specified penalty listed for an offence in Schedule "A" to
this Bylaw, that amount is the specified penalty for the offence.
(d) Where there is a minimum penalty listed for an offence in Schedule "A" to
this Bylaw, that amount is the minimum penalty for the offence.
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6.
VIOLATION TICKETS
(a) Where a Peace Officer believes that a Person has contravened any
provision of this Bylaw, he may commence proceedings by issuing a
violation ticket in accordance with the Provincial Offences Procedure Act.
(b) This Section shall not prevent any officer from issuing a violation ticket
requiring the court appearance of the defendant, pursuant to the provisions
of the Provincial Offences Procedure Act, or from laying information
instead of issuing a violation ticket.
7.
PROSECUTIONS
(a) In a prosecution for a contravention of this Bylaw, it is not necessary that a
witness testify to the precise description, kind, brand or name of the
Cannabis, cigarette, cigar, pipe, Mu'assel, Electronic Smoking Device or
any other device being used in a prohibited place.
8.
SEVERABILITY
(a) If any Section or parts of this Bylaw are found in any court of law to be
illegal or beyond the power of Council to enact, such Section or parts shall
be deemed to be severable and all other Section or parts of this Bylaw
shall be deemed to be separate and independent there from and to be
enacted as such.
That this Bylaw shall come into full force and effect upon the date of the third and
final reading.
Read a first time this 1st day of October, 2018.
Read a second time this 15th day of October, 2018.
Read a third time and passed this 15th day of October, 2018.
IJ
K
Chief Administrative Officer
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Res: 417-18 / 470-18 / 471-18
SCHEDULE "A"
CHESTERMERE CANNABIS CONSUMPTION BYLAW #017-18
SECTION
OFFENCE
MINIMUM
PENALTY
SPECIFIED
PENALTY
$250.00
4(1)
$500.00
Use Cannabis in a Public Place
$250.00
$500.00
4(3)
Medical Cannabis user fail to
produce medical certificate
$250.00
4(4)
$500.00
Use medical Cannabis in
prohibited place
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