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CITY OF COLD LAKE
BYLAW #627-PL-18
A BYLAW OF THE CITY OF COLD LAKE IN THE PROVINCE OF ALBERTA, TO
REGULATE CANNABIS USE WITHIN THE CITY OF COLD LAKE
PURSUANT to section 7 of the Municipal Government Act, Revised Statutes of Alberta 2000,
Chapter M-26, as amended Council may pass bylaws for municipal purposes respecting (a) the
safety, health and welfare ofpeople and the protection ofpeople and property, (b) people, activities
and things in, on or near a public place or place that is open to the public, and (i) the enforcement
of bylaws made under the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter
M-26, as amended or any other enactment;
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, pt Sess, 42nd Parl, 2017) which will permit persons to possess cannabis if
purchased from an authorized person, subject to legislated conditions;
WHEREAS it is anticipated that the Cannabis Act will come into force in the summer of 2018 or
shortly thereafter;
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 ofpublic places;
NOW THEREFORE, pursuant to the authority of the Municipal Government Act, Revised
Statutes of Alberta 2000, Chapter M-26, as amended, the Council ofthe City of Cold Lake duly
assembled, enacts:
SECTION 1 - TITLE
1.1
This Bylaw shall be cited as the "Cannabis Use Bylaw".
SECTION 2 - DEFINITIONS
In this Bylaw:
2.1
"Act" means the Municipal Government Act, Revised Statutes of Alberta 2000,
Chapter M-26, as amended;
2.2
"Cannabis" has the meaning given to it in the Cannabis Act;
2.3
"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, I" Sess,
42nd Parl 2017
'
2.4
"CAO" means the Chief Administrative Officer of the City of Cold Lake; or
someone designated by the CAO;
2.5
"City" means the municipal corporation of the City of Cold Lake, or the
geographical area falling within the municipal boundaries ofthe City of Cold Lake,
as the context requires;
2.6
"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;
2.7
"Officer" means a Peace Officer, a Bylaw Officer, a member ofthe RCMP, or any
person appointed by the CAO to enforce this Bylaw;
2.8
"Public Place" includes any place to which the public has access as of right or by
invitation, express or implied including but not limited to:
2.8.1
licensed gaming and/or establishments;
2.8.2
eating or drinking establishment including their outdoor patios;
627-PL- I 8 Cannabis Use Bylaw
Page 1 of3
CG?
CITY OF COLD LAKE
BYLAW #627-PL-18
A BYLAW OF THE CITY OF COLD LAKE IN THE PROVINCE OF ALBERTA, TO
REGULATE CANNABIS USE WITHIN THE CITY OF COLD LAKE
PURSUANT to section 7 of the Municipal Government Act, Revised Statutes of Alberta 2000,
Chapter M-26, as amended Council may pass bylaws for municipal purposes 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 (i) the enforcement
of bylaws made under the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter
M-26, as amended or any other enactment;
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, 42nd Parl, 2017) which will permit persons to possess cannabis if
purchased from an authorized person, subject to legislated conditions;
WHEREAS it is anticipated that the Cannabis Act will come into force in the summer of 2018 or
shortly thereafter;
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, pursuant to the authority of the Municipal Government Act, Revised
Statutes of Alberta 2000, Chapter M-26, as amended, the Council of the City of Cold Lake duly
assembled, enacts:
SECTION 1 - TITLE
1.1
This Bylaw shall be cited as the "Cannabis Use Bylaw".
SECTION 2 - DEFINITIONS
In this Bylaw:
2.1
"Act" means the Municipal Government Act, Revised Statutes of Alberta 2000,
Chapter M-26, as amended;
2.2
"Cannabis" has the meaning given to it in the Cannabis Act;
2.3
"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, 15t Sess,
42nd Parl, 2017
2.4
"CAO" means the Chief Administrative Officer of the City of Cold Lake; or
someone designated by the CAO;
2.5
"City" means the municipal corporation of the City of Cold Lake, or the
geographical area falling within the municipal boundaries of the City of Cold Lake,
as the context requires;
2.6
"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;
2.7
"Officer" means a Peace Officer, a Bylaw Officer, a member of the RCMP, or any
person appointed by the CAO to enforce this Bylaw;
2.8
"Public Place" includes any place to which the public has access as of right or by
invitation, express or implied including but not limited to:
2.8.1 licensed gaming and/or establishments;
2.8.2 eating or drinking establishment including their outdoor patios;
627-PL-I8 Cannabis Use Bylaw
Page 1 of 3
C
2.8.3
2.8.4
2.8.5
2.8.6
2.8.7
2.8.8
2.8.9
2.8.10
2.8.11
2.8.12
campgounds (excepting use within an enclosed temporary residence);
private clubs;
places of worship;
community recreation facility including outdoor recreation facilities, parks,
sports fields, skate parks, walkways/boardwalks and outdoor pools, skating
rinks;
child care facility;
educational service facility;
public transportation vehicles, public transportation property and any area
within 10 meters ofpublic transportation property;
public buildings and all areas within 10 meters of an entrance or exit to a
work place;
public streets, sidewalks, walking trails, and alleyways;
public washrooms.
2.9
"Smoke" or "Smoking" means inhaling or exhaling the vapour, emissions or
aerosol produced by an Electronic Smoking Device or similar device containing
Cannabis, or holding or otherwise having control of an Electronic Smoking Device
that is producing vapour, emissions or aerosol from Cannabis;
SECTION 3 - PROHIBITION
3 .1
A person must not Smoke, Vape or consume Cannabis in any Public Place.
SECTION 4 - EVENTS
4.1
Despite section 3, a person may smoke, vape or consume cannabis at an event for
which a permit has been granted by the CAO.
4.2
A permit granted pursuant to section 4.1 may only be issued:
4.2.1
To a registered society or corporation (not an individual);
4.2.2
For an event held on a Public Place where the general public are invited to
attend or purchase tickets to attend.
4.3
The CAO may impose conditions on a permit granted pursuant to section 4.1.
4.4
The CAO may suspend or revoke a permit issued pursuant to section 4.1 ifthe CAO
determines that a permit holder or any person at an event for which a permit has
been issued has contravened any federal or provincial legislation or a City bylaw.
4.5
The holder of a permit issued pursuant to section 4.1 must ensure that:
4.5.1
the smoking, vaping or consumption of cannabis is only permitted in a
designated area, separate and fenced off from the remainder ofthe event;
4.5.2
alcohol and tobacco is not consumed in the area designated for the smoking,
vaping or consumption of cannabis;
4.5.3
the sale ofcannabis is not permitted in the area designated for the smoking,
vaping or consumption of cannabis; and
4.5.4
that the advertising or other materials relating to promotion of cannabis
cannot be seen by persons under the age of 18.
SECTION 5 - EXCEPTION FOR MEDICAL CANNABIS
5 .1
A person who is entitled to possess Cannabis pursuant to a medical document issued
under the Access to Cannabisfor Medical Purposes Regulations, SOR/2016-230:
5.1.1
Is not subject to this Bylaw;
5.1.2
Must, on the demand of an Officer, produce a copy ofthe person's medical
document;
5.1.3
Must still comply with City of Cold Lake Bylaw No. 554-PL-15, Smoking
Bylaw.
SECTION 6 - OFFENCES AND PENALTIES
6.1
Any person is guilty of an offence ifthe Person:
627-PL-l 8 Cannabis Use Bylaw
Cc
Page2of3?
2.8.3 campgounds (excepting use within an enclosed temporary residence);
2.8.4 private clubs;
2.8.5 places of worship;
2.8.6 community recreation facility including outdoor recreation facilities, parks,
sports fields, skate parks, walkways/boardwalks and outdoor pools, skating
rinks;
2.8.7 child care facility;
2.8.8 educational service facility;
2.8.9 public transportation vehicles, public transportation property and any area
within 10 meters of public transportation property;
2.8.10 public buildings and all areas within 10 meters of an entrance or exit to a
work place;
2.8.11 public streets, sidewalks, walking trails, and alleyways;
2.8.12 public washrooms.
2.9
"Smoke" or "Smoking" means inhaling or exhaling the vapour, emissions or
aerosol produced by an Electronic Smoking Device or similar device containing
Cannabis, or holding or otherwise having control of an Electronic Smoking Device
that is producing vapour, emissions or aerosol from Cannabis;
SECTION 3 -- PROHIBITION
3.1
A person must not Smoke, Vape or consume Cannabis in any Public Place.
SECTION 4 -- EVENTS
4.1
Despite section 3, a person may smoke, vape or consume cannabis at an event for
which a permit has been granted by the CAO.
4.2
A permit granted pursuant to section 4.1 may only be issued:
4.2.1 To a registered society or corporation (not an individual);
4.2.2 For an event held on a Public Place where the general public are invited to
attend or purchase tickets to attend.
4.3
The CAO may impose conditions on a permit granted pursuant to section 4.1.
4.4
The CAO may suspend or revoke a permit issued pursuant to section 4.1 if the CAO
determines that a permit holder or any person at an event for which a permit has
been issued has contravened any federal or provincial legislation or a City bylaw.
4.5
The holder of a permit issued pursuant to section 4.1 must ensure that:
4.5.1 the smoking, vaping or consumption of cannabis is only permitted in a
designated area, separate and fenced off from the remainder of the event;
4.5.2 alcohol and tobacco is not consumed in the area designated for the smoking,
vaping or consumption of cannabis;
4.5.3 the sale of cannabis is not permitted in the area designated for the smoking,
vaping or consumption of cannabis; and
4.5.4 that the advertising or other materials relating to promotion of cannabis
cannot be seen by persons under the age of 18.
SECTION 5 -- EXCEPTION FOR MEDICAL CANNABIS
5.1
A person who is entitled to possess Cannabis pursuant to a medical document issued
under the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230:
5.1.1 Is not subject to this Bylaw;
5.1.2 Must, on the demand of an Officer, produce a copy of the person's medical
document;
5.1.3 Must still comply with City of Cold Lake Bylaw No. 554-PL-15, Smoking
Bylaw.
SECTION 6 -- OFFENCES AND PENALTIES
6.1
Any person is guilty of an offence if the Person:
627-PL-18 Cannabis Use Bylaw
CC,
Page 2 of 3
6.1.1
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;
6.1.2
willfully obstructs an Officer or assaults an Officer in the exercise or
performance oftheir duties related to this Bylaw, with the intent to resist or
prevent the lawful arrest or detainment ofthemselves or another person.
6.2
A person guilty of an offence is liable on summary conviction to a fine no more
than $300 and no less than $100.
6.3
A municipal violation tag or provincial violation ticket may be issued for an
offence.
6.4
A person receiving a municipal violation tag may on or before thirty (30) days of
the date issued;
6.4.1
pay the fine amount to avoid prosecution of the offence;
6.4.2
request that a provincial violation ticket be issued in its place to allow that
person to attend court with respect to the offence.
6.5
A person receiving a provincial violation ticket, where a voluntary fine amount is
indicated on the ticket may:
6.5.1
pay the voluntary fine amount by the date specified to avoid prosecution of
the offence, or
6.5.2
attend, or have their agent attend, court on the required date indicated on the
ticket and elect to enter a plea with respect to the offence.
6.6
A person receiving a provincial violation ticket, where there is no voluntary fine
amount indicated, must appear in court.
SECTION 7 - ENACTMENT
7.1
This Bylaw shall come into full force and effect at the beginning of the day on
which the Cannabis Act comes into force.
FIRST READING passed in open Council duly assembled in the City of Cold Lake in the
Province of Alberta, this 10th day of July, A.D. 2018, on motion by Councillor Lay.
CARRIED
UNANIMOUSLY
SECOND READING passed in open Council duly assembled in the City of Cold Lake in the
Province ofAlberta, this 28th day ofAugust A.D. 2018, on motion by Deputy Mayor Grau.
CARRIED
UNANIMOUSLY
TIDRD AND FINAL READING passed as amended in open Council duly assembled in the
City of Cold Lake, in the Province of Alberta, this 28th day of August, A.D. 2018, on motion by
Councillor Lay.
CARRIED
UNANIMOUSLY
CIDEF ADMINISTRATIVE O?FICER
627-PL-18 Cannabis Use Bylaw
Page 3 ofJ
6.1.1 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;
6.1.2 willfully obstructs an Officer or assaults an Officer in the exercise or
performance of their duties related to this Bylaw, with the intent to resist or
prevent the lawful arrest or detainment of themselves or another person.
6.2
A person guilty of an offence is liable on summary conviction to a fine no more
than $300 and no less than $100.
6.3
A municipal violation tag or provincial violation ticket may be issued for an
offence.
6.4
A person receiving a municipal violation tag may on or before thirty (30) days of
the date issued;
6.4.1 pay the fine amount to avoid prosecution of the offence;
6.4.2 request that a provincial violation ticket be issued in its place to allow that
person to attend court with respect to the offence.
6.5
A person receiving a provincial violation ticket, where a voluntary fine amount is
indicated on the ticket may:
6.5.1 pay the voluntary fine amount by the date specified to avoid prosecution of
the offence, or
6.5.2 attend, or have their agent attend, court on the required date indicated on the
ticket and elect to enter a plea with respect to the offence.
6.6
A person receiving a provincial violation ticket, where there is no voluntary fine
amount indicated, must appear in court.
SECTION 7 -- ENACTMENT
7.1
This Bylaw shall come into full force and effect at the beginning of the day on
which the Cannabis Act comes into force.
FIRST READING passed in open Council duly assembled in the City of Cold Lake in the
Province of Alberta, this 10th day of July, A.D. 2018, on motion by Councillor Lay.
CARRIED
UNANIMOUSLY
SECOND READING passed in open Council duly assembled in the City of Cold Lake in the
Province of Alberta, this 28th day of August A.D. 2018, on motion by Deputy Mayor Grau.
CARRIED
UNANIMOUSLY
THIRD AND FINAL READING passed as amended in open Council duly assembled in the
City of Cold Lake, in the Province of Alberta, this 28th day of August, A.D. 2018, on motion by
Councillor Lay.
CARRIED
UNANIMOUSLY
,
Executed this I day ofSaikA4464418
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ORPORATE
MAYOR
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CHIEF ADMINISTRATIVE OFFICER
Page 3 of 3
627-PL-18 Cannabis Use Bylaw