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Cannabis Consumption Bylaw
Bylaw 475-18
Page 1 of 7
Bylaw 475-18
A Bylaw of the Village of Duchess
In the Province of Alberta
To Regulate the Consumption of Cannabis
WHEREAS the Government of Canada has passed 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; and
WHEREAS it is anticipated that the Cannabis Act will come into force in 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 the provisions of the Municipal Government Act (MGA),
Revised Statutes of Alberta 2000, Chapter M-26 and amendments thereto,
Council may pass a bylaw for municipal purposes respecting the safety, health and
welfare of people and the protection of people and property, people activities
and things in, on or near a public place or place that is open to the public; and
WHEREAS Council deems it prudent 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 Village of Duchess enacts as follows:
1.
SHORT TITLE
This Bylaw may be known as the "Cannabis Consumption Bylaw"
2.
DEFINITIONS
In this Bylaw, unless the context otherwise requires:
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2.1
cannabis has the same meaning as defined in the Cannabis Act;
2.2
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;
2.3
Chief Administrative Officer (CAO) means the person appointed to the
position of Chief Administrative Officer for the Village of Duchess by Council
within the meaning of the MGA;
2.4
Council means the Municipal Council of the Village of Duchess duly elected
under the Local Authorities Election Act;
2.5
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;
2.6
Peace Officer means:
a)
a member of the Royal Canadian Mounted Police;
b)
a Community Peace Officer as appointed by the Solicitor General of
Alberta; or
c)
a Bylaw Enforcement Officer as appointed by the Village to enforce
bylaws of the Village;
2.7
Public Place means any place to which the public has access as of right or
invitation, express or implied;
2.8
Smoke or smoking means:
a)
inhaling or exhaling the smoke produced by burning cannabis; or
b)
holding or otherwise have control of any device or thing containing lit
cannabis;
2.9
vape or vaping means:
a)
inhaling or exhaling the vapour, emissions or aerosol produced by an
electronic smoking device or similar device containing cannabis; or
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b)
holding or otherwise having control of an electronic smoking device
that is producing vapour, emissions or aerosol from cannabis;
2.10 violation tag means a notice or tag in the form as approved by the CAO,
issued by the Village, allowing a voluntary payment option of a fine
established under this Bylaw;
2.11 violation ticket means a ticket issued pursuant to Part 2 of the Provincial
Offences Procedures Act, Revised Statutes of Alberta 2000, Chapter P-34 and any
amendments or regulations thereto.
3.
PROHIBITION
3.1
No person shall smoke, vape, or consume cannabis in any public place.
4.
EXEMPTION FOR MEDICAL CANNABIS
Any person who is authorized to possess cannabis per a medical document
issued pursuant to the Access to Cannabis for Medical Purposes Regulation,
SOR/2016-230 and amendments thereto, must on demand of a Peace
Officer, produce a copy of such person's medical document.
5.
EXEMPTION FOR SPECIAL EVENTS
5.1
Notwithstanding Section 3.1, a person may smoke, vape or consume
cannabis at an event for which a permit has been granted by the Council.
5.2
The Council may impose conditions on any permit granted pursuant to
Section 5.1.
5.3
The Council may suspend or revoke any permit issued pursuant to Section
5.1 if the Council 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.
5.4
The holder of a permit issued pursuant to Section 5.1 must ensure that:
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a)
the smoking, vaping or consumption of cannabis is only permitted in
a designated area, separate and fenced off from the remainder of the
event;
b)
alcohol and tobacco are not consumed in the area designated for the
smoking, vaping or consumption of cannabis;
c)
the sale of cannabis is not permitted in the area designated for the
smoking, vaping or consumption of cannabis; and
d)
any advertising or other material relating to the promotion of
cannabis cannot be seen by persons under the age of 18 years.
6.
PENALTIES AND ENFORCEMENT
6.1
Any person who contravenes any provision of this Bylaw is guilty of an
offence and is liable on summary conviction to a fine of not more than Ten
thousand ($10,000) Dollars.
6.2
Where there is a specified penalty listed for an offence in Schedule"A" to
this Bylaw, that amount is the minimum specified penalty for the offence.
6.3
In the case of an offense that is of a continuing nature, a contravention
constitutes a separate offense in respect of each day on which it continues.
6.4
The levying and payment of any fine provided in this Bylaw shall not relieve
a person from the necessity of paying any fees, charges or costs from which
that person is liable under the provisions of this Bylaw and any other
Bylaw.
6.5
Any Peace Officer who has reasonable and probable grounds to believe
that any person has contravened any provision of this Bylaw may issue and
serve:
a)
a violation tag, allowing a payment of the specified penalty to the
Village; or
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b)
a violation ticket allowing payment according to the provisions of the
Provincial Offences Act, Revised Statutes of Alberta 2000, Chapter P-
34 and amendments thereto.
6.6
Service of a violation tag will be sufficient if it is:
a)
personally served; or
b)
served by regular mail to the person's last known mailing address.
6.7
If a violation ticket is issued in respect to an offence, the violation ticket
may:
a)
specify the fine amount established by this Bylaw for the offence; or
b)
require the person to appear in Court without the alternative of
making a voluntary payment.
6.8
A person who commits an offence may;
a)
if a violation ticket is issued in respect of the offence; or
b)
if the violation ticket specified the fine amount established by this
Bylaw for the offence;
make a voluntary payment equal to the specified fine by delivering the
violation ticket and the specified fine to the Provincial Courthouse specified
on the violation ticket.
7.
GENERAL
7.1
Any person who contravenes any provision of this Bylaw by:
a)
doing any act or thing which the person is prohibited from doing; or
b)
failing to do any act or thing the person is required to do;
is guilty of an offence and any offence created pursuant to this Bylaw is a
strict liability offence for the purposes of prosecution under this Bylaw.
7.2
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.
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7.3
Words in the singular include the plural and words in the plural include the
singular.
7.4
This Bylaw is gender-neutral and, accordingly, any reference to one gender
includes the other.
7.5
Schedule "A" shall form a part of this Bylaw and may, from time to time, be
amended by Council.
7.6
No provision of this Bylaw or any action taken pursuant to any provision of
this Bylaw shall be deemed independent to all other provisions herein and
it is the further intention of Council that if any provision of this Bylaw is
declared invalid, all other provisions hereof shall remain valid and
enforceable.
This Bylaw shall come into full force and effect upon third and final reading.
Read a first time this day of September,
2018.
Read a second time this
day of
2018.
Read a third and final time this
day of
2018.
___________________________________
Mayor Tony Steidel
___________________________________
Chief Administrative Officer
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Schedule "A "
Section
Offence
Penalty
1st
Offence
Penalty
2nd
Offence
Penalty 3rd or
subsequent
Offences
3.1
Consume Cannabis in a public
place
$125.00
$250.00
$500.00