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Town of Coaldale
Cannabis Consumption Bylaw 831-R-09-21
October 12, 2021
BYLAW 831-R-09-21
TOWN OF COALDALE
PROVINCE OF ALBERTA
BEING A BYLAW OF THE TOWN OF COALDALE
TO RESTRICT THE CONSUMPTION OF CANNABIS IN PUBLIC PLACES.
WHEREAS the House of Commons has given three readings to 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 Sess, 42 nd Parl,
2017) which will permit persons to possess cannabis if purchased from an
authorized person;
AND WHEREAS it is anticipated that the Cannabis Act will come into force on October
17, 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 section 7 of the Municipal Government Act, R.S.A.
2000, c. M-26, Council may 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; and
c) the enforcement of bylaws made under the Municipal Government
Act or any other enactment;
AND WHEREAS Council deems it necessary 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 Coaldale duly assembled, enacts as
follows:
1.0 TITLE:
1.1
This Bylaw may be cited as the "Cannabis Consumption Bylaw".
2.0 DEFINITION & INTERPRETATION
2.1
In this Bylaw:
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Town of Coaldale
Cannabis Consumption Bylaw 831-R-09-21
October 12, 2021
(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 Drugs and Substances Act, the Criminal
Code and other Acts, 1st Sess, 42 nd Parl, 2017;
4.0 MEDICAL CANNABIS
2.0
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, or any successor or replacement regulation is
not subject to this Bylaw.
2.1
A person referred to in subsection (1) is subject to the Tobacco Reduction
Bylaw.
5.0 OFFENCES
5.1
Any person who contravenes any provision of this Bylaw by doing any act
or thing which the person is prohibited from doing, or by failing to do any
act or thing the person is required to do, is guilty of an offence pursuant to
this Bylaw.
6.0 ENFORCEMENT
6.1
Where an officer believes that a person has contravened any provision of this
Bylaw, the officer may commence proceedings against the person by
issuing a violation ticket in accordance with the Provincial Offences
Procedure Act, R.S.A. 2000, c. P-34.
6.2
This section shall not prevent an officer from issuing a violation ticket
requiring a court appearance of the defendant pursuant to the Provincial
Offences Procedures Act or from laying an information instead of issuing a
violation ticket.
7.0
PENALTY
7.1
Where there is a specified penalty listed for an offence in Fees and Rates
Bylaw, that amount is the specified penalty for the offence.
7.2
Where there is a minimum penalty listed for an offence in Fees and Rates
Bylaw, that amount is the minimum penalty for the offence.
7.3
In this section, "specified penalty" means an amount that can be paid by a
person who is issued a violation ticket and is authorized to make a
voluntary payment without a Court appearance.
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Town of Coaldale
Cannabis Consumption Bylaw 831-R-09-21
October 12, 2021
Cannabis Consumption Bylaw 831-R-09-21 shall come into force when
it receives THIRD and FINAL reading and is duly signed.
Cannabis Consumption Bylaw 745-R-09-18 is rescinded.
READ a FIRST time this 27th day of September, 2021, for Cannabis Consumption
Bylaw 831-R-09-21.
___________________________
___________________________
Mayor - Kim Craig
CAO - Kalen Hastings
Motion: 339-2021
READ a SECOND time this 12th day of October, 2021, for Cannabis Consumption
Bylaw 831-R-09-21.
___________________________
___________________________
Mayor - Kim Craig
CAO - Kalen Hastings
Motion: 368-2021
READ a THIRD and FINAL time this 12th day of October, 2021, for Cannabis
Consumption Bylaw 831-R-09-21.
____________________________
__________________________
Mayor - Kim Craig
CAO - Kalen Hastings
Motion: 369-2021