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Being a bylaw of the Village of Delia, Alberta to regulate smoking and vaping in public places
and work places.
WHEREAS
the health risks associated with secondary tobacco and cannabis smoke are well
established;
WHEREAS
the smoke or vapour produced by the smoking or vaping of tobacco, cannabis
and other substances in public places and work places is a nuisance for persons
in those premises;
WHEREAS
Council has the authority to pass bylaws regarding the safety, health and welfare
of people and considers it expedient and desirable for the health, safety, and
welfare of citizens to regulate smoking and vaping of tobacco, cannabis and
other substances in the Village of Delia;
WHEREAS
the Federal Government of Canada has passed a bill making it legal to purchase and
possess Cannabis and regulate the production of Cannabis;
WHEREAS
the Provincial Government of Alberta has enacted an act restricting various
locations where Cannabis consumption is permitted or prohibited, the distribution of
Cannabis and the possession and private production of Cannabis;
NOW THEREFORE
the Council of the Village of Delia enacts as follows:
1) Short Title
The short title of this Bylaw shall be the "Smoke Free Bylaw".
2) Definitions
"Business" means carrying on a commercial or industrial undertaking of any kind or nature or
the provision of a professional, personal or other service and includes any activity carried on by
an educational institution, municipality, or charitable organization;
"Cannabis" has the meaning given to that term in the federal 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);
"Cannabis Plant" means a plant that belongs to the genus Cannabis;
"Consumption or Consume" means the smoking, vaping or any other method of inhaling or
exhaling tobacco or Cannabis as also defined under "Smoke or Smoking" or "Vape or Vaping";
Village of Delia - Province of Alberta
By-Law #634-2018 - Smoke Free Bylaw
"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;
"Employer" includes any person who as the owner, proprietor, manager, superintendent or
overseer of any activity, business, work, trade, occupation or profession, has control over or
direction of, or is directly or indirectly responsible for the employment of a person therein;
"Municipality" means the Village of Delia;
"Officer" means a Person appointed by the Village to enforce the provisions of this Bylaw
including a Bylaw Enforcement Officer, Peace Officer or member of the Royal Canadian
Mounted Police;
"Operator" includes the person responsible for the day to day operations of a public premises
and a proprietor of a public premises;
"Private Residence" means a self-contained living premise for domestic use of one or more
individuals and where access is provided from a separate private entrance from the exterior of
a building or from a common hall, lobby or stairway and includes a parked recreational vehicle
being utilized as a temporary residence, balconies, yards, gardens, decks, patios, private
sidewalks, private driveways or other outside area whether or not covered by a roof;
"Public, Outdoor or Special Event" means an event that may require a Village permit or license
issued under the Special Event section of this bylaw and which the public is invited or permitted
to attend;
"Public Place or Premises" means any indoor place within the Village to which the public may
have either expressed or implied access including but not limited to any publically owned or
operated facility such as a curling rink, arena, campground, community centre, park,
playground, sport field, school, office or shop and a 5 metre area around any of those places
but does not include a private residence;
"Smoke or Smoking" means inhaling or exhaling the smoke produced by burning tobacco or
cannabis or holding or otherwise having control of any device or thing containing lit tobacco or
cannabis;
"Specified Penalty" has the same meaning as in the Provincial Offences Procedure Act, R.S.A.
2000 P-34 as amended and regulations thereunder;
"Tobacco" means a product composed in whole or in part of tobacco, including tobacco leaves
and any extract of tobacco leaves but does not include any product for use in nicotine
replacement therapy;
"Vape or Vaping" means inhaling or exhaling the vapour, emissions or aerosol produced by an
electronic smoking device or similar device containing tobacco, cannabis or any other substance
or holding or otherwise having control of an electronic smoking device that is producing vapour,
emissions or aerosol from tobacco, cannabis or any other substance;
"Violation Ticket" means a ticket issued pursuant to Part II of the Provincial Offenses Procedure
Act, R.S.A. 2000 P-34, as amended and regulations thereunder and as referred to in this Bylaw;
"Workplace" includes the whole or any part of a building, structure, vehicle or passenger
conveyance in which a business is carried on.
3) Prohibition
a) A person must not smoke or vape in a public place or premises, a workplace or a public
vehicle or within 5 metres of any of these places.
b) A person must not smoke cannabis or vape cannabis in any indoor or outdoor public
place or premises, a workplace or a public vehicle. This includes 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.
c) An employer, operator or proprietor must not permit a person to smoke or vape on
premises controlled or owned by them where doing so is prohibited by this Bylaw.
d) An owner or occupier of a property must ensure Cannabis plants are contained on the
property away from public access in a secure structure or in a secure fence.
4) Special Events
a) Notwithstanding the prohibitions under this bylaw, a person may smoke or vape at an
event for which a permit has been granted by the CAO, pursuant to existing Federal and
Provincial laws.
b) The CAO may impose conditions on any permit granted.
c) The CAO may suspend or revoke any permit issued 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 any other municipal bylaw.
d) The holder of a permit must ensure that:
i.
Smoking or vaping or other consumption as listed under this bylaw is only
permitted in a designated area, separate and fenced off from the remainder of
the event;
ii.
The sale of cannabis is not permitted in the area designated for smoking or
vaping and
iii.
Any advertising or other materials relating to the promotion of cannabis cannot
be seen by a minor.
5) Offences
a) 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.
b) In the case of an offence that is of a continuing nature, an offence shall constitute a
separate offence in respect of each day, or part of a day, on which that contravention of
the Bylaw continues.
6) Enforcement
a) 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, P-34.
b) 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) Penalty
a) Any corporation, company, partnership, proprietorship or society which contravenes a
provision of this Bylaw is guilty of an offence and liable on summary conviction to a
minimum fine of $250 and not to exceed $5000.
b) Any individual who contravenes a provision of this Bylaw is guilty of an offence and
liable on summary conviction to a minimum fine of $250 and not to exceed $5000.
c) The Specified Penalty for an offence committed pursuant to this Bylaw is established as
$250.
8) Miscellaneous
a) If any section or sections of this Bylaw or parts thereof are found in any court of law to
be illegal or beyond the power of Council to enact, such section or sections or parts
thereof shall be deemed to be severable and all other sections or parts of this Bylaw
shall be deemed to be separate and independent therefrom and to be enacted as such.
b) Nothing in this Bylaw relieves a Person from complying with any Federal, Provincial or
Municipal legislation, bylaw, regulation, permit, order, license, approval or other
direction.
c) The expenses and costs of any enforcement action or measures taken by the Village are
an amount owing to the Village by the person in contravention of this Bylaw.
d) Where any contravention of this Bylaw occurs on property for which the person who
committed the contravention is the registered owner, any unpaid enforcement
expenses or costs may be added to the tax roll of that property in accordance with the
Municipal Government Act.
9) In Force
This Bylaw shall take effect on the date of the third and final reading.
READ A FIRST TIME THIS 11th DAY OF October, 2018.
________________________________
Mayor David Sisley
________________________________
Chief Administrative Officer
Mark Nikota
READ A SECOND TIME THIS ________ DAY OF _____, 2018.
READ A THIRD TIME AND FINALLY PASSED THIS _____ DAY OF _____, 2018.
_______________________________
Mayor David Sisley
_______________________________
Chief Administrative Officer
Mark Nikota