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BYLAW 11/ 18
A BYLAW OF FLAGSTAFF COUNTY, IN THE PROVINCE OF ALBERTA, TO REGULATE
AND CONTROL
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, 42nd Parl, 2017) which will permit persons to possess
cannabis
if purchased
from an authorized person;
AND WHEREAS the Cannabis Act will come into force in 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;
c)
and the enforcement of bylaws made under the Municipal Government Act or any other
enactment;
AND WHEREAS
the Council of Flagstaff County deems it necessary to impose additional restrictions
on the smoking, vaping and other forms of consumption of cannabis in public places to prevent
behaviors and conduct that may have a negative impact on the enjoyment of public places;
NOW THEREFORE
the Council
of Flagstaff
County, in the Province
of Alberta, duly assembled,
hereby enact as follows:
1.
SHORT
TITLE
1.
1. This Bylaw may be cited as the " Cannabis Consumption
Bylaw".
2.
DEFINITIONS
2. 1.
In this
Bylaw
unless
the context
otherwise
requires:
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,
42nd
Parl, 2017;
c)
Chief Administrative Officer ( CAO) means the person appointed by County Council
as its chief administrative officer or that person' s designate;
d)
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;
e)
municipal tag means a notice or tag in the form as approved by the CAO, issued by the
County, allowing voluntary payment option of a fine established under this Bylaw;
f)
g)
Peace Officer means:
i)
a member of the Royal Canadian
Mounted
Police;
ii) a Community Peace Officer as appointed by the Solicitor General of Alberta; or
iii) a Bylaw Enforcement
Officer as appointed
by the County to enforce Bylaws of the
County.
public place includes any place to which the public has access as of right or by
invitation, express
or implied;
h)
smoke or smoking means:
i)
inhaling
or exhaling the smoke produced by burning
or heating
cannabis;
or
Cannabis Consumption Bylaw 11/ 18
ii)
holding or otherwise having control of any device or thing containing lit or heated
cannabis;
i)
vape or vaping means:
i)
inhaling or exhaling the vapour, emissions or aerosol produced by an electronic
smoking device or similar device containing
cannabis, or
ii)
holding or otherwise having control of an electronic smoking device that is
producing
vapour, emissions
or aerosol from cannabis.
j)
violation ticket means a ticket issued pursuant to 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
4. 1. 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 is not
subject to this Bylaw.
4. 2. A person referred to in subsection ( 4. 1) must, on demand of a Peace Officer, produce a
copy of the person' s medical document.
4.3. A person referred to in subsection (4. 1) is subject to the Tobacco and Smoking Reduction
Act.
5.
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.
FINES
AND
PENALTIES
6. 1. A Person who is guilty of an offence is liable upon summary conviction to a fine in an amount:
a)
not less than the specified
penalty established
in Schedule " A"; and
b)
not exceeding $
10, 000. 00; and
c)
to imprisonment for not more than six ( 6) months for non- payment of a fine.
6. 2. Without restricting the generality of Section 6. 1 above, the fine amounts set out in Schedule " A"
are established as specified penalties for use on Municipal Tags and Violation Tickets, if a
voluntary payment option is offered.
6.3. Notwithstanding Section 6. 1, any Person who commits a second or subsequent offence under
this
Bylaw
within
one (
1) year of conviction of a first offence under this Bylaw, is liable on
summary conviction to double the fine, or be required to a Court appearance, set out in Schedule
A" for the offence, respectively.
7.
MUNICIPAL
TAG
7. 1. A Peace Officer is hereby authorized and empowered to issue a Municipal Tag to any Person
whom the Peace Officer has reasonable and probable grounds to believe has contravened any
provision of this Bylaw.
7.2. A Municipal Tag shall be issued and served to a Person:
a)
either personally; or
b)
by mailing a copy, via registered mail, to such person at their last known postal address.
7. 3. A Municipal Tag shall be in a form approved by the CAO and shall state:
a)
the name of the Person to whom the Municipal Tag is issued;
b)
particulars of the contravention
under this Bylaw;
c)
the specified penalty for the offence as set out in Schedule " A" herein;
2
Cannabis Consumption
Bylaw 11/ 18
d)
that the specified
penalty
shall
be paid within fourteen (
14) days of the issuance
of the
Municipal Tag in order to avoid prosecution; and
e)
any other information as may be required by the CAO.
7.4. Where a Municipal Tag has been issued under this Bylaw, the Person to whom the Municipal
Tag has been issued may, in lieu of being prosecuted for the offence, pay to the County the
penalty within the time period indicated on the Municipal Tag.
7. 5. If a Municipal Tag has been issued and the specified penalty on the Municipal Tag has not been
paid within the prescribed time, a Peace Officer may issue a Violation Ticket to the Person to
whom the Municipal Tag was issued.
7.6. Notwithstanding the above, a Peace Officer may immediately issue a Violation Ticket to any
Person
whom
the
Peace
Officer
has
reasonable
and
probable
grounds
to believe
has
contravened any provision of this Bylaw.
8.
VIOLATION
TICKET
8. 1. A Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to the
Provincial Offences Procedures Act to any Person who the Peace Officer has reasonable and
probable grounds to believe has contravened any provision of this Bylaw.
8.2. If a Violation Ticket is issued in respect of an offence, the Violation Ticket may:
a)
state the specified penalty for the offence as set out in Schedule " A" attached hereto; or
b)
require a Person to appear in Provincial
Court without the alternative
of making
a voluntary
payment.
8. 3. A Person who commits an offence may:
a)
if a Violation Ticket is issued in respect of the offence; and
b)
if the Violation Ticket states the specified penalty established by this Bylaw for the offence,
as set out in Schedule "A" herein;
make a voluntary payment by submitting to a Clerk of the Provincial Court, on or before the initial
appearance date indicated on the Violation Ticket, the specified penalty set out on the Violation
Ticket.
8.4. When a Clerk of the Provincial Court records the receipt of a voluntary payment pursuant to
Section 8. 3 above and the Provincial Offences Procedure Act, the act of recording constitutes
acceptance of the guilty plea and also constitutes
a conviction and the imposition of a fine in the
amount of the specified
penalty.
9.
SCHEDULES
9. 1 The following schedules attached hereto shall form part of this Bylaw:
a)
Schedule " A" -- Specified
Penalties;
10. COMING INTO FORCE
10. 1 This bylaw comes into force on the day the Cannabis Act comes into force.
READ A FIRST TIME
IN COUNCIL
this '
2, (c
day of &
pi ,
2018
READ A SECOND
TIME
IN COUNCIL this
20
day of
pk KAier , 2018
READ
A THIRD
TIME
IN COUNCIL
AND
PASSED
this 26
day of &
wk; 2018
Reeve
Chief Administrative
Offi
3
Cannabis Consumption
Bylaw 11/ 18
SCHEDULE " A"
SPECIFIED
PENALTIES
Section
Reference
Description
First
Offence
Second
Offence
Third
Offence
6
Consumption
of Cannabis in a Public Place
200
400
Court
4