Bylaw 860-18 Consumption of Cannabis in a Public Area — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 826cd7baa936 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## TOWN OF MANNING, ALBERTA BY-LAW 860 - 18 ## CONSUMPTION OF CANNABIS IN A PUBLIC AREA BYLAW A BYLAW OF THE TOWN OF MANNING IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF RESTRICTING THE CONSUMPTION OF CANNABIS IN PUBLIC PLACES. WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS Section 7(a), 8(a)(b) of the Municipal Government Act, being Chapter M-26 the House of Commons has given three readings to the it is anticipated that the Cannabis Act will come into force in October, 2018 or shortly thereafter; the Province of Alberta has enacted An Act to Control and 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 protectior of people and property; - (b) people activities and things in, on or near a public place or place that is open to the public; and - (c) the enforcement of bylaws made under the Municipal Government Act or any other enactment; Council deems it necessary to impose additional restrictions on the smoking, vaping and other forms of consumption of annabis in public places to prevent behaviours and condu hat may have a negative impact on the enjoyment of publi places; NOW THEREFORE The Council of the Town of Manning ENACTS AS FOLLOWS: ## SHORT TITLE 1. This Bylaw may be cited as the "Cannabis Consumption Bylaw". ## DEFINITIONS AND INTERPRETATION 2. (1) In this Bylaw: 2. (a) "CANNABIS" has the meaning given to it in the Cannabis Act; 3. (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; 4. (c) "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; 5. (d) "BYLAW ENFORCER" means the person appointed to the position of Chief Administrative Officer 6. (e) "PUBLIC PLACE" means an indoor or outdoor area, whether privately or publicly owned, to which the public have access by right or by invitation, expressed or implied, whether by payment of money or not; 7. (f) "SMOKE" or "SMOKING" means: 8. (i) inhaling or exhaling the smoke produced by burning or heating cannabis; or 9. (ii) holding or otherwise having control of any device or thing containing lit or heated cannabis; 10. (h) "USE" where used as a verb with respect of cannabis include 11. (i) "VAPE" or "VAPING" means: 12. inhaling or exhaling the vapour, emissions or aerosol produced by an electronic smoking device or similar device containing cannabis, or 13. holding or otherwise having control of an electronic smoking device that is producing vapour, emissions or aerosol from cannabis. - (2) All schedules attached to this Bylaw form part of this Bylaw. - (3) Headings or sub-headings are inserted for ease of reference and guidance purposes only and do not form part of this Bylaw. - (4) Where this Bylaw cites or refers to any act, regulation, code or other bylaw, the citation or reference is to the act, regulation, code or other bylaw as amended, whether amended before or after the commencement of this Bylaw, and includes reference to any act, regulation, code or other bylaw that may be substituted in its place. - (5) Each provision of this Bylaw is independent of all other provisions and if any provision is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this Bylaw remain valid and enforceable. - (6) Nothing in this Bylaw relieves a person from complying with any provision of any federal, provincial or municipal law or regulation or any requirement of any lawful permit, order or licence. ## PROHIBITION 3. A person shall not smoke or vape cannabis in any public place. ## MEDICAL CANNABIS - (2) A person referred to in subsection (1) must, on demand of an officer, produce a copy of the person's medical document. ## OFFENCES 5. 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 any offence pursuant to this Bylaw. ## ENFORCEMENT 6. (1) Where an officer believe 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, c. P-34. - (2) 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. ## PENALTY 7. (1) Where there is a specified penalty listed for an offence in Schedule A to this Bylaw, that amount is the specified penalty for the offence. - (2) Where there is a minimum penalty listed for an offence in Schedule A to this Bylaw, that amount is the minimum penalty for the offence. - (3) In this section, "SPECIFIED PENALTY" means an amount that can be paid by a person who is issued a violation ticket and is authorized to make a voluntary payment without a Court appearance. ## SERVABILITY 8. Each Section of this Bylaw shall be read and constructed as being separate and severable from each other Section. Furthermore, should any Section or Part of this Bylaw be found to have been improperly enacted for any reason, then such Section or Part shall be regarded as being severable from the rest of the Bylaw and the Bylaw remaining after such severance shall be effective an enforceable. ## COMING INTO FORCE 9. This Bylaw comes into force on the day the Cannabis Act comes into force. READ A FIRST TIME this 26" day of September, 2018 READ A SECOND TIME this 14 day of Nov. , 2018 READ A THIRD AND FINAL TIME this 14\_ day of Nov., 2018  Greg Rycroft, Mayor Auto sodiet sohn Brodrick Chief Administrative Office  ## SCHEDULE A PENALTIES | Section | Description of Offence | Minimum Penalty | Specified Penalty | |-----------|-------------------------------------------------|-------------------|---------------------| | 3 | Smoke, vape or consume cannabis in public place | $50 | $100 |