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CITY OF FORT SASKATCHEWAN
SMOKING BYLAW
BYLAW NO. C17-18
A BYLAW OF THE CITY OF FORT SASKATCHEWAN IN THE PROVINCE OF ALBERTA TO
AUTHORIZE THE LIMITATION OF PUBLIC USE OF TOBACCO, VAPORIZERS, CANNABIS,
AND SIMILAR PRODUCTS.
The Council of the City of Fort Saskatchewan, duly assembled enacts the Smoking Bylaw, as
follows:
1. SHORT TITLE
1.1.
This Bylaw shall be referred to as the Smoking Bylaw.
2. DEFINITIONS
For the purpose of this Bylaw:
2.1.
"Bingo Hall" means any premises for which the Province of Alberta has issued a
bingo licence under the Gaming and Liquor Act.
2.2.
"Cannabis related product" means any product that is derived from, in any way, a
cannabis plant for the purposes of consumption or smoking.
2.3.
"Casino" means any premises for which the Province of Alberta has issued a casino
licence under the Gaming and Liquor Act.
2.4.
"City" means the City of Fort Saskatchewan.
2.5.
"City Manager" means the Chief Administrative Officer or designate, appointed
pursuant to the MGA.
2.6.
"Drinking Establishment" means a business the primary purpose of which is the sale
of alcoholic beverages for consumption on the premises and the secondary
purposes of which may include entertainment, dancing, music, the preparation and
sale of food for consumption on the premises, take-out food services and the sale of
alcoholic beverages for consumption away from the premises.
2.7.
"Electronic Cigarette Retailer" means a retail store that's primary business is the
sale of electronic cigarettes, vaporizers, and related products.
2.8.
"Grandstand" means an open-air seating facility primarily but not exclusively limited
to use in watching sporting events.
)
Bylaw C17-18
Page 2
2.9.
"MGA" means the Municipal Government Act in the province of Alberta.
2.10.
"Municipal Tag" means a tag or similar document issued by the City pursuant to the
MGA for the purpose of notifying a person that an offence has been committed, and
which fine or prosecution may follow.
2.11 .
"Order'' means a written order pursuant to the MGA, to remedy a contravention of
this Bylaw.
2.12.
"Outdoor Area" means an outdoor area also known as a patio, deck, terrace or
rooftop, whether enclosed or not, that is open to the public or to which the public is
customarily admitted or invited that is operated as part of a Restaurant or Drinking
Establishment, but does not include an outdoor area or structure made available by
a Restaurant or Drinking Establishment if:
i.
there is no seating of any kind provided in the area or on the structure;
ii.
there is no service of any kind provided in the area or on the structure; and
iii.
there is no food or drink permitted in the area or on the structure at any time.
2.13.
"Outdoor Public Event" means an outdoor market, festival, celebration, concert or
parade requiring a City Special Event Permit, and to which the public is invited or
permitted to attend.
2.14.
"Peace Officer'' means a Peace Officer as defined in the Provincial Offences
Procedure Act.
2.15.
"Private Club" means an enclosed place or premises that operates primarily for the
benefit and pleasure of the members of a non-profit corporation, service club or
branch of the Royal Canadian Legion.
2.16.
"Proprietor" means the owner, operator, manager or any other person in charge or in
control of a place or premises and includes:
i.
a person who is in charge of the place or premises at any particular time;
ii.
the owner or driver of a taxi-cab;
iii.
the owner or driver of a public bus or other form of public transportation;
iv.
the owner or driver of a school bus; and
v.
the Board of Trustees of a school, college or hospital.
2.17.
"Public Building" means an enclosed or substantially enclosed building or structure
to which the public is customarily admitted or invited. Without limiting the generality
of the forgoing, public building includes bus shelters.
2.18.
"Public Area" means any building, structure or other indoor space, or outdoor space,
Bylaw C17-18
Page 3
whether publicly or privately owned or controlled, to which members of the public
have access as of right, or are expressly or impliedly invited to use the space, with
or without payments and includes, but is not limited to:
i.
all locations defined as a public place under the Tobacco and Smoking
Reduction Act, and any other enactment that prohibits smoking. These
locations include:
a.
in a public place;
b.
in a workplace;
c.
in a vehicle in which a minor is present;
d.
in a public vehicle; or
e.
within a prescribed distance from a doorway, window, or air intake of
a public place or workplace.
ii.
school buildings or structures, parking areas or lots, and school grounds;
iii.
sidewalks;
iv.
playgrounds;
v.
City Parks, sports fields, and green spaces;
vi.
City Facilities and the land they sit on;
vii.
outdoor recreation areas;
viii.
parking lots;
ix.
spray parks;
x.
skateboard or bicycle parks;
xi.
skating rinks and arenas;
xii.
swimming pools;
xiii.
theatres;
xiv.
golf courses;
xv.
patios;
xvi.
public transportation vehicles and bus stops;
xvii.
roadways, but does not restrict occupants of a vehicle from smoking tobacco
products in the passenger compartment of a vehicle on a roadway, provided
Bylaw C17-18
Page4
no minors are present;
xviii.
zoos or animal conservation areas; and events and markets operating under
City licences, permits or approvals, including, but not limited to, holiday
celebrations, concerts, parades, organized sporting events, and farmers
markets;
but does not include a person's private residence.
2.19.
"Public Transportation Vehicle" means any vehicle used for the transportation of
people upon the payment of a fee.
2.20.
"Sidewalk Cafe" means an outdoor area, located on a public sidewalk, to which the
public is invited or permitted access and which abuts and is operated as part of a
Restaurant.
2.21 .
"Smoking" or "Smoke" means to inhale, exhale, burn, vaporize, or have control over
a lit cigarette, cigar, or other lit smoking implement designed to burn or heat
tobacco, cannabis, or any other substance for the purpose of inhaling or tasting of
its smoke or emissions, but does not include smoking by an actor as part of a stage
or theatrical performance.
2.22.
"Violation Ticket" means a Violation Ticket as defined in the Provincial Offences
Procedure Act.
2.23.
"Work Place" means a permanent location where individuals engage in tasks for an
employer.
3. REGULATION OF SMOKING
3.1.
No person shall smoke in any indoor place to which the public is ordinarily invited or
permitted to attend or within 1 O metres of the following places while in use:
i.
Child Care Facility Property;
ii.
Outdoor Pools;
iii.
Outdoor Theatres;
iv.
Playgrounds;
V.
School Property;
vi.
Skateboard or Bicycle Parks;
vii.
Sports Fields;
viii.
Spray Parks;
Bylaw C17-18
Page 5
or in any of the following places;
ix.
Bingo Hall;
X.
Casino;
xi.
Drinking Establishment;
xii.
Grandstand;
xiii.
Outdoor Public Event;
xiv.
Patio;
xv.
Private Club;
xvi.
Public Building;
xvii.
Public Transportation Vehicle;
xviii.
Sidewalk Cafe; and
xix.
Work Place.
3.2.
Cannabis and cannabis related products may not be smoked or consumed in any
Outdoor Area or Public Area.
3.3.
Notwithstanding anything in this Bylaw, the prohibitions set out in Section 3 do not
apply to any private residence.
3.4.
No proprietor of a premises where smoking is prohibited by Section 3.1 shall permit
smoking in that premises.
3.5.
A proprietor who takes the following steps shall be deemed to have complied with
the obligation described in Section 3.4:
i.
advise a smoker that smoking is not permitted and request the smoker to
extinguish any lit substance;
ii.
any smoker who refuses to comply with such a request shall be asked to
leave the premises;
iii.
refuse to provide any further service to such person; and
iv.
immediately report to a Peace Officer any smoker who refuses to extinguish
any lit substance or refuses to leave the premises when requested to do so.
3.6.
No proprietor of a premise where smoking is prohibited shall permit ashtrays to be
available for use or remain in that premises.
Bylaw C17-18
Page 6
3.7.
Nothing in this Bylaw affects the rights of people respecting traditional spiritual
practices or ceremonies.
3.8.
Nothing in this Bylaw will prevent a person from using an electronic cigarette for the
sole purpose of testing the device, or sampling products used with the device, prior
to purchase within a dedicated electronic cigarette retailer.
4. INSPECTIONS
4.1.
For the purpose of determining if the provisions of this Bylaw are being complied
with, a Peace Officer pursuant to the MGA, may inspect such places or premises at
all reasonable times.
5. ENFORCEMENT
5.1.
Orders to Remedy Contraventions:
i.
If the City Manager finds that a person is contravening this Bylaw, the City
Manager may by written Order in accordance with the MGA, require any
person responsible for the contravention to remedy it.
ii.
The Order may:
a.
direct a person to stop doing something, or to change the way in
which they are doing it;
b.
direct a person to take any action necessary to remedy the
contravention of this Bylaw to prevent a re-occurrence of the
contravention;
c.
state a specified time to comply; and
d.
state that if the person does not comply within a specified time, the
City shall take necessary action, at the expense of the person.
iii.
The expenses and costs resulting from action taken by the City under this
Section are due and payable by the person in contravention of this Bylaw.
iv.
The City may in accordance with the MGA, add outstanding amounts for
unpaid expenses and costs referred to in Section 5.1.iii to a property Tax
Roll, if the contravention of the Bylaw occurred on all or part of the
Proprietor's property.
5.2.
Service of Order:
i.
In the case of an individual, an Order issued in accordance with this Bylaw
may be served:
a.
by delivering it personally to the individual;
b.
by leaving it for the individual at their apparent place of residence,
with someone who appears to be at least 18 years of age; or
)
Bylaw C17-18
Page 7
c.
by regular mail addressed to the individual at their apparent place of
residence, or to any address for the individual on the property Tax
Roll of the City.
ii.
In the case of a corporation, an Order issued in accordance with this Bylaw
may be served:
a.
by delivering it personally to any director or officer of the corporation;
b.
by delivering it personally to a person apparently in charge of an
office of the corporation at an address believed to be the
corporation's address; or
c.
by regular mail addressed to the registered office of the corporation.
5.3.
Review by Council:
i.
A person who receives a written notice or Order under this Bylaw, may
submit a written request for Council to review the notice or Order within 14
days after the date it was received.
ii.
After review, Council may confirm, vary, substitute or cancel the notice or
Order.
5.4.
Offence:
i.
A person who contravenes any provision of this Bylaw is guilty of an offence.
ii.
A person shall not interfere with a Peace Officer in the exercise of their
powers and duties under this Bylaw.
5.5.
Vicarious Liability:
i.
For the purpose of this Bylaw, an act or omission by the owner or another
person acting on their behalf is deemed to be an act or omission of the
owner, if the act or omission occurred in the course of exercising the powers
or performing any duties on behalf of the owner.
5.6.
Corporations and Partnerships:
i.
When a corporation commits an offence under this Bylaw, every principal,
director, manager, employee or agent of the corporation who authorized the
act or omission, or agreed or participated in the act or omission that
constitutes the offence, is guilty of the offence whether or not the corporation
has been prosecuted.
ii.
If a partner in a partnership is guilty of an offence under this Bylaw, each
partner in that partnership who authorized the act, who agreed or
participated in the act or omission that constitutes the offence, is guilty of the
offence.
Bylaw C17-18
Page 8
5.7.
Fines and Penalties:
i.
A person who is guilty of an offence is liable for a fine pursuant to Schedule
"A", not to exceed $1 ,000.00 or for the imprisonment of not more than 6
months for non-payment of a fine, as per the MGA.
ii.
Without restricting the generality of Section 5. 7.i, the fine amounts set out in
Schedule "A" are established for use on Municipal Tags and Violation
Tickets, if a voluntary payment option is offered.
5.8.
Municipal Tag:
i.
A Peace Officer is hereby authorized to issue a Municipal Tag to any person
who the Peace Officer believes has contravened any provision of this Bylaw.
ii.
A Municipal Tag may be issued:
a.
personally;
b.
by mailing a copy to such person at their last known municipal
address; or
c.
by leaving it at the last known municipal address of such person.
5.9.
The Municipal Tag shall be in a form approved by the City Manager and shall state:
i.
the name of the person;
ii.
the offence;
iii.
the specified penalty established by this Bylaw for the offence;
iv.
that the penalty shall be paid within 7 days of the issuance; and
v.
any other information as may be required by the City Manager.
5.10.
Payment in Lieu of Prosecution:
i.
Where a Municipal Tag is issued pursuant to this Bylaw, the person to whom
it is issued may, in lieu of being prosecuted for the offence, pay the penalty
to the City, specified within the prescribed time indicated on the Municipal
Tag.
5.11 .
Violation Ticket:
i.
Where a Municipal Tag has been issued and the specified penalty has not
been paid within the prescribed time, the Peace Officer is authorized to issue
a Violation Ticket pursuant to the Provincial Offences Procedure Act.
ii.
Notwithstanding Section 5.11 .i, a Peace Officer is hereby authorized to issue
a Violation Ticket pursuant to the Provincial Offences Procedure Act to any
Bylaw C17-18
Page 9
person who the Peace Officer believes has contravened any provision of this
Bylaw.
5.12.
Where a Violation Ticket is issued in respect of an offence, it may:
i.
specify the fine amount established by this Bylaw for the offence; or
ii.
require a person to appear in court, without the alternative of making a
voluntary payment.
5.13.
Voluntary Payment:
i.
A person who commits an offence may submit the voluntary payment noting
the specified penalty to the Provincial Court Clerk, on or before the initial
appearance date indicated on the Violation Ticket, if:
a. the Violation Ticket is issued with respect to the offence; and
b. the Violation Ticket specifies the fine amount established by this Bylaw
for the offence.
6. GENDER REFERENCES
6.1.
All references in this Bylaw will be read with such changes in number and gender as
may be appropriate, and references shall be read as a corporation or partnership,
and pronouns shall be deemed to not be gender specific.
7. INTERPRETATION
7 .1.
Wherever the provisions of this Bylaw are, or are deemed to be in at variance with
each other, the more restrictive of the provisions shall apply.
7.2.
Any reference in this Bylaw to provisions of statute, rules or regulations, shall be
deemed to include references to such provisions as amended, modified or re-
enacted from time to time.
7.3.
Nothing in this Bylaw relieves any person from compliance with any other bylaw or
applicable federal or provincial law, regulation or enactment.
7.4.
The use of headings is for convenience of reference only and shall not be construed
so as to affect the interpretation of this Bylaw.
8. SEVERABILITY
8.1.
If any portion of this Bylaw is declared invalid by a court of competent jurisdiction,
the invalid portion must then be severed and the remainder of the Bylaw is deemed
valid.
9. EFFECTIVE DATE
9.1.
This Bylaw becomes effective upon third and final reading.
Bylaw C17-18
Page 10
READ a first time this
8th
READ a second time this
25
day of
day of
READ a third and passed this
25
day of
May
September
September
2018.
2018.
2018.
DIRECTOR,~IVE SERVICES
Date Signed: ~-- ~ ~. dl.D l )5
J
Bylaw C17-18
Page 11
Section
3.1 & 3.2
3.4 & 3.6
Schedule "A"
Description of Offence
Smoking where prohibited
Permitting smoking where prohibited
Penalty, 1st
Penalty, 2nd and
Offence
Subsequent
Offence
$250
$500
$250
$1000