Cannabis Consumption Bylaw — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 1b427c7b7c49 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## TOWN OF HANNA PROVINCE OF ALBERTA BY-LAW 998-2018 A BYLAW OF THE TOWN OF HANNA, IN THE PROVINCE OF ALBERTA, RESPECTING THE CONSUMPTION OF CANNABIS WITHIN THE TOWN OF HANNA. 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, 1s1 Sess, 42d Parl, 2017) which will permit persons to possess cannabis if purchased from an authorized person; AND WHEREAS the Cannabis Act will come into force on 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 Chapter M-26 as amended, authorizes Council to 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) the enforcement of bylaws made under the Municipal Government Act or any other enactment; AND WHEREAS Council deems it expedient and appropriate to regulate the consumption of Cannabis within the Town of Hanna to protect people from being negatively impacted by the smoke, vapour, emissions or aerosols from Cannabis and to prevent behaviours, activities and conduct that may have a negative impact on the enjoyment of property and public places within the Town of Hanna; NOW THEREFORE, the Council of the Town of Hanna, duly assembled, enacts as follows: ## 1. BYLAW TITLE - 1.1 This bylaw shall be known as the "Cannabis Consumption Bylaw". ## 2. GENERAL - 2.1 In this Bylaw, the following terms have the following meanings: - a) "Bylaw Enforcement Officer" means a Person appointed pursuant to Town Bylaw No. 864-97 to enforce the provisions of this Bylaw and other bylaws of the Town; - "CAO" means the individual appointed by Council as chief administrative officer for the Town in accordance with the Municipal Government Act or his/her delegate;   - c) "Cannabis" has the same meaning as in the Act to Control and Regulate Cannabis, S.A. 2017, Chapter 21 and any amendments thereto, and includes leaves, stems, buds, oil and other parts or derivatives of the Cannabis plant; - d) "Cannabis Plant" means a plant that belongs to the genus Cannabis; - e) "Consumption" or "Consume" means the smoking, vaping or any other method of inhaling or exhaling Cannabis and includes the holding or otherwise having control of any device or thing containing lit or heated Cannabis or which is producing vapour, emissions or aerosol from Cannabis; - f) "Council" means the duly elected Council of the Town; 5. "Municipal Tag" means a violation tag or similar document issued by the Town pursuant to the Municipal Government Act and as referred to in - h) "Officer" means a Person appointed by the Town to enforce the provisions of this Bylaw including a Bylaw Enforcement Officer, Peace Officer or a member of the RCMP; - i) "Peace Officer" means an individual appointed pursuant to the Peace Officer Act, S.A. 2006, Chapter P-36, and any amendments thereto; 8. "Person" includes an individual, proprietorship, corporation, company, partnership or society; - k) "Premises" means any property, land, building and/or structure including but not limited to commercial, industrial, recreational and institutional property but does not include a Private Residence; - 1) "Public Place" means: - i. Any place within the Municipality to which the public may have either expressed or implied access; - m) "Private Residence" means a self-contained living premise for domestic use of one or more individuals and where access is provided from separate private entrance from the exterior of a building or from : 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; - n) "Smoke" or "smoking" means: - ii. Holding or otherwise having control of any device or thing containing lit or heated cannabis; - i. Inhaling or exhaling the smoke produced by burning or heating cannabis; or  - "Specified Penalty" has the same meaning as in the Provincial Offences Procedure Act, R.S.A. 2000 Chapter P-34, as amended and regulations thereunder; and - p) "Town" means the municipal corporation of the Town of Hanna and the geographic area contained within its boundaries, as the context requires; - "Vape" or "Vaping" means: - ii. Holding or otherwise having control of an electronic smoking device that is producing vapour, emissions or aerosol from cannabis. - i. Inhaling or exhaling the vapour, emission or aerosol produced by an electronic smoking device or similar device containing cannabis, or - r) "Violation Ticket" means a ticket issued pursuant to Part I of the Provincial Offences Procedure Act, R.S.A. 2000 Chapter P-34, as amended and regulations thereunder, and as referred to in Section 10 of this Bylaw: ## 3. PROHIBITION - 3.1 A person must not smoke, attempt to smoke, vape or consume what appears to be Cannabis in any public place within the Town limits. - 3.2 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. - a) A person referred to in subsection (3.2) must, on demand of an Officer, produce a copy of the person's medical document. - 3.3 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 - 4.1 Notwithstanding Section 3.1 a person may smoke, vape or consume cannabis at an event for which a permit has been granted by the CAO. - 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. - The CAO may impose conditions on any permit granted. - c) The holder of a permit issued must ensure that: - ii. The sale of cannabis is not permitted in the area designated for the smoking, vaping or consumption of cannabis; and - i. The smoking, vaping or consumption of cannabis is only permitted in a designated area, separate and fenced off from the remainder of the event - ili. Any advertising or other materials relating to the promotion of cannabis cannot be seen by a minor.   ## 5. OFFENCES - 5.1 Any Person who contravenes any provision of this Bylaw is guilty of an offence. - 5.2 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. - 5.3 It is the intention of Council that all offences created by this Bylaw be interpreted to be strict liability offences. ## 6 PENALTIES - 6.1 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 fine not exceeding Ten Thousand ($10,000.00) dollars. - 6.2 Any individual who contravenes a provision of this Bylaw is guilty of an offence and liable on summary conviction to a fine not exceeding One Thousand ($1,000.00) dollars and for a second or subsequent offence, to a fine of not more than Five Thousand ($5,000.00) dollars. - 6.3 The Specified Penalty for an offence committed pursuant to this Bylaw is established as follows: $ 250.00 Corporations, companies, partnership, proprietorship, Society Individual $1,000.00 ## 7. ENFORCEMENT - 7.1 An Officer is a "designated officer" for the purposes of Sections 542 - 545 of the Municipal Government Act. - 7.2 For the purpose of enforcing this Bylaw, an Officer, upon producing proper identification, may at all reasonable hours, enter any place where the Consumption of Cannabis is prohibited and carry out inspections, remedies, enforcement or other actions in accordance with Section 542 of the Municipal Government Act. ## MUNICIPAL TAGS - 8.1 An Officer is hereby authorized to issue a Municipal Tag to any Person who the Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. - 8.2 A Municipal Tag may be issued to such Person:  - c) if upon a corporation, company, partnership, proprietorship or society, by mailing a copy to the Municipal Tag to the registered office as shown in the applicable registry office search, and such service shall be deemed to be good and sufficient for the purpose of this Bylaw. - 8.3 Where a Municipal Tag has been mailed, it shall be deemed to have been received fourteen (14) days after mailing. - 8.4 The Municipal Tag shall be in a form approved by the Chief Administrative Officer and shall state: - a) the name of the Person; - 6) the munice of regar description the landan or leaproverene offence - 1) the appropriate penalty for the offence as specified in Section 7 of this bylaw; - f) any other information as may be required by the Chief Administrative Officer. - e) that the penalty shall be paid within thirty (30) days of the issuance of the Municipal Tag; - 8.5 Where a Municipal Tag is issued pursuant to Section 9 of this Bylaw, the Person to whom the Municipal Tag is issued may, in lieu of being prosecuted for the offence, pay the penalty specified on the Municipal Tag to the Town within the time period indicated on the Municipal Tag. - 8.6 Nothing in this Bylaw shall prevent an Officer from immediately issuing a Violation Ticket. ## 9. VIOLATION TICKET - in those cases where a Municipal Tag has been issued and if the penalty specified on a Municipal Tag has not been paid within the prescribed time, an Officer is hereby authorized to issue a Violation Ticket. - 9.2 Notwithstanding Section 9.1 of this Bylaw, an Officer is hereby authorized to immediately issue a Violation Ticket to any Person who the Officer has reasonable grounds to believe has contravened any provision of this Bylaw. ## 10. MISCELLANEOUS - 10.1 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. - 10.2 Nothing in this Bylaw relieves a Person from complying with any Federal, Provincial or Town legislation, bylaw, regulation, permit, order, license, approval or other direction.  - 10.3 The expenses and costs of any enforcement action or measures taken by the Town are an amount owing to the Town by the Person in contravention of this Bylaw. - 10.4 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. ## 11. ENACTMENT - 11.1 This Bylaw shall take effect on the date that Bill 45, An Act respecting Cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, 1sl Sess, 42 Parl., 2017, comes into force. ## READ A FIRST TIME THIS 11 DAY OF SEPTEMBER 2018.   Mayor Chris Warwick Chief Administrative Officer Kim Neill READ A SECOND TIME THIS 9Ih DAY OF OCTOBER 2018. READ A THIRD TIME AND FINALLY PASSED THIS gih DAY OF OCTOBER 2018.   Mayor Chris Warwick Chief Administrative Officer Kim Neill