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BYLAW 33- 18
A BYLAW OF THE TOWN OF OKOTOKS
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 provision
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 Town
of Okotoks 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:
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;
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33- 18
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2. 3
Chief Administrative Officer (CAO) means the person appointed to the position of
Chief Administrative Officer for the Town of Okotoks by Council within the meaning of
the MGA;
2. 4
Council means the municipal Council of the Town of Okotoks 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 Town to enforce bylaws of the
Town;
2. 7
public place means any place to which the public has access as of right or by
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 having 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
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 Town, 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 Albert 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.
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33- 18
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4. EXEMPTION
FOR MEDICAL CANNABIS
4. 1
Notwithstanding Section 3. 1, any person who is authorized to possess cannabis per
a medical document issued pursuant to the Access to Cannabis for Medical
Purposes
Regulations, SOR/ 2016- 230, and amendments
thereto, is subject to the
Okotoks Smoking and Vaping Bylaw.
4. 2
Any person exempt pursuant to Section 4. 1 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 CAO.
5. 2
The CAO may impose conditions on any permit granted pursuant to Section 5. 1.
5. 3
The CAO may suspend or revoke any permit issued pursuant to Section 5. 1 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.
5. 4
The holder of a permit issued pursuant to Section 5. 1 must ensure that:
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 materials 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. 00) 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.
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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 or part of a 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 or 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 Town; or
b) a violation ticket allowing payment according to the provisions of the Provincial
Offences Procedure 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 a 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; and
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.
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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.
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 restrict, limit, prevent or preclude the Town from pursuing any other remedy in
relation to a premises as provided
by the Municipal Government
Act, or any other
law of the Province
of Alberta.
8. SEVERABILITY
8. 1
It is the intention of Council that each separate 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 11th day of June, 2018.
READ A SECOND TIME this 25th day of June, 2018.
READ A THIRD TIME AND PASSED this 25th day of June, 2018.
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Schedule " A"
SECTION
OFFENCE
PENALTY
PENALTY
1st offence
2nd/ subsequent
offences
3. 1
Consume
cannabis in public place
250. 00
500. 00