750-18 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 c4b226f6cad9 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## TOWN OF ONOWAY BYLAW NO 750-18 ## A BYLAW FOR THE TOWN OF ONOWAY, IN THE PROVINCE OF ALBERTA RESTRICTING THE CONSUMPTION OF CANNABIS WITHIN THE CORPORATE BOUNDARIES OF THE TOWN OF ONOWAY WHEREAS, the House of Commons has given three readings to the Cannabis Act (Bill C-45), Code respecti cannabiss, to al, dohe Controlled Drugs and Substances Act, the Criminal 42"d Parl, 2017) which will permit persons to possess cannabis if purchased from an authorized person; AND WHEREAS, it is anticipated the Cannabis Act will come into force October, 2018 or shortly thereafter; AND WHEREAS, the Province of Alberta has enacted An Act to Control and Regulate Cannabis, S.A 2011, C.L. Which Will place restrictions on the smoking or vaping of cannabis in public places; AND WHEREAS, Section 7, Part 2, Division 1 of the Municipal Government Act, RSA 2000 Chapter M-26 authorizes a Council to pass bylaws for municipal purposes respecting the safety. health and welfare of people and the protection of people and property; and respecting people activities and things in, on or near a public place or place that is open to the public; AND WHEREAS, it is necessary to establish a bylaw to impose additional restrictions on the smoking, vaping and other forms of consumption of cannabis in public places to regulate a negative impact on the enjoyment of public places; NOW THEREFORE, the Municipal Council of the Town of Onoway, in the Province of Alberta enacts as follows: This Bylaw shall be cited as the "Cannabis Consumption". ## PARTI ## 1.0 DEFINITIONS - 1.1 In this Bylaw, except where otherwise defined or specified: - 1.1.1 "CANNABIS" has the meaning given to it in the Cannabis Act. - 1.1.2 "CANNABIS ACT" means Bill C-45, An Act respecting cannabis and the amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, 1st Sess, 42nd Parl, 2017; - 1.1.3 "CANNABIS PLANT" means a plant that belongs to the genus Cannabis. ## TOWN OF ONOWAY BYLAW NO 750-18 - 1.1.4 "CAO" means the Chief Administrative Officer for the Town of Onoway or his/her delegate. - 1.1.5 "MUNICIPAL TAG" means a ticket alleging an offence is issued pursuant to the authority of a bylaw of the Municipality. - 1.1.6 "NOTICE" means any notice issued pursuant to this Bylaw to remedy a condition that is not in compliance with any provision of this Bylaw or any applicable bylaw within the Municipality of Onoway including the Land Use - 1.1.7 "OCCUPY OR OCCUPIES" means residing on or to be in apparent possession or control of premises or property. - 1.1.8 "OFFICER" means Bylaw Enforcement Officers, Peace Officers, members of the Royal Canadian Mounted Police (R.C.M.P), as the context may require. - 1.1.9 "OWN" or "OWNER" means: - (i) In the case of land, to be registered under the Land Titles Act as the owner of the fee simple estate in a parcel of land; or - (ii) In the case of personal property, to be in lawful possession or have the right to exercise control over it or to be the registered owner of it. - 1.1.10 "PEACE OFFICER" means a member of the Royal Canadian Mounted Police or a Community Peace Officer appointed pursuant to the provisions the Police Act of Alberta R.S.A. 2000, Chapter P-17, as amended or repealed and replaced from time to time. - 1.1.11 "PERSON" means any individual, firm, partnership, association, corporation, trustee, executor, administrator or other legal representative. - 1.1.12 "PREMISES" means any external surfaces of all structures and the whole or part of any parcel of real property, including property immediately adjacent to any structure and includes all forms of vegetation and including any property or structures owned or leased by the Municipality. - 1.1.13 "PROPERTY" means: - i. in the case of land, a parcel of land including any structures; or, - ii. in other cases, personal property. ## TOWN OF ONOWAY BYLAW NO 750-18 ## 1.1.14 "PUBLIC PLACE" means: - i. any place within the Municipality to which the public may have either expressed or implied access; and - ii. any motor vehicle located in a public place or in any place open to public view. ## 1.1.15 "SMOKE OR SMOKING" means: - i. inhaling or exhaling the smoke produced by burning or heating cannabis; or - ii. holding or otherwise having control of any device or thing containing lit or heated cannabis. 3. 1.1.16 "STRUCTURE" means any structure, including but not limited to a building, shed, accessory building or other similar types of construction. 4. 1.1.17 "TOWN" means Town of Onoway. 5. 1.1.18 "VAPE OR VAPING " means: 6. Inhaling or exhaling the vapour, emissions or aerosol produced by an electronic smoking device or similar device containing cannabis; or 7. Holding or otherwise having control of an electronic device that is producing vapour, emissions or aerosol from cannabis. 8. 1.1.19 "VIOLATION TAG" means a tag or similar document issued by the Municipality pursuant to the Municipal Government Act RSA 2000 as amended. 9. 1.1.20 "VIOLATION TICKET" means the same as in the Provincial Offences Procedure Act, R.S.A 2000, Chapter P-34 as amended or repealed and replaced from time to time. ## PART II ## 2.0 PROHIBITION - 2.1 A person must not smoke, attempt to smoke, vape or consume what appears to be cannabis in any public place within town limits. ## TOWN OF ONOWAY BYLAW NO 750-18 - 22 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 - 2.2.1 A person referred to in Section 2.2 must, on demand of an officer, produce a copy of the person's medical document. - 2.3 A person who owns or occupies a property must ensure the cannabis plants are contained on the property away from public access in a secure structure or in a secure - 2.4 No person may transport what appears to be cannabis in a vehicle unless it is contained in closed packaging that is out of the reach of the driver and other occupants of the vehicle. ## PART III ## 3.0 POWERS OF PEACE OFFICERS ## 3.1 Property Inspections - 3.1.1 The Medical Officer of Health, a Peace Officer, CAO or designate are hereby authorized in accordance with Section 542 of the Municipal Government Act to enter into any premises or property after giving reasonable notice to the owner of the premises or property to be inspected; and to inspect for conditions that may contravene or fail to comply with the provisions of this Bylaw. - 3.1.2 A Peace Officer, when investigating an alleged contravention of this Bylaw may also issue a violation ticket. ## 3.2 Penalties and Enforcement - 3.2.1 Any person who contravenes any sections and provisions of this Bylaw is guilty of an offence and is liable for the penalty set out in Schedule A of this Bylaw. - 3.2.2 When a person is alleged to have contravened any provision of this Bylaw, a Peace Officer may issue a violation ticket pursuant to the Provincial Offences Procedure Act, R.S.A 2000 c. P-24. - 3.2.3 A person who is guilty of an offence is liable to a fine in an amount not less than that established by Schedule A of this Bylaw, and not exceeding $10,000 and to imprisonment for not more than six months for non-payment of a fine. ## TOWN OF ONOWAY BYLAW NO 750-18 - 3.2.4 If a municipal tag is issued in respect of an offence the municipal tag must specify the fine amount established by Schedule A of this Bylaw for the offence. - A person who commits an offence may, if a municipal tag is issued in respect of the offence, pay the fine amount established by this Bylaw for the offence and if the amount is paid on or before the required date, the person will not be prosecuted for the offence. - 3.2.6 If a violation ticket is issued in respect of an offence, the violation ticket may: - i. specify the fine amount established by this Bylaw for the offence; or - i. require a person to appear in court without the alternative of making a voluntary - 3.2.7 A person who commits an offence may: - i. ifa violation ticket is issued in respect of the offence; and - ii. if the violation ticket specifies the fine amount established by this Bylaw for the offence, make a voluntary payment equal to the specified fine. - 3.2.8 In the case of an offence that is of a continuing nature, a contravention constitutes separate offence in respect of each day, or part of a day, on which the offenc ontinues and any person guilty of such an offence is liable to a fine in an amour not less than that established by this Bylaw for each such day. - 3.2.9 A person shall not obstruct or hinder any person in the exercise of performance of the person's powers pursuant to this Bylaw. ## 3.3 Inspection Records - 3.3.1 A copy of a record of the Municipality, certified as a true copy of the original, shall be admitted in evidence as prima facie proof of the facts stated in the record without proof of the appointment or signature of the person signing it. - 3.3.2 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 license. ## 3.4 Enactment - 3.4.1 If any section or part of this Bylaw are found in any court of law to be illegal or beyond the power of Council to enact, such section or parts shall be deemed to be severable and all other section or parts of this Bylaw shall be deemed to be separate and independent there from and to be enacted as such. That this Bylaw shall come into full force and effect upon the date of the final reading thereof and signed in accordance with the Municipal Government Act and the coming into effect of both: Bill C-45 Cannabis Act of the House of Commons of Canada; and Bill 26 of the Alberta Legislature. READ a first time the 4' day of October, 2018. READ a second time the 4'' day of October, 2018. READ a third time and finally passed the 4th day of October, 2018.   Tracy, Mayor wedma Wendy Wildman Chief Administrative Officer ## TOWN OF ONOWAY BYLAW NO 750-18 Schedule A - Penalties  | Seotion | Specified Penalty | |-----------|---------------------| | 2.1 | $287.00 | | 2.2.1 | $287.00 | | 2.3 | $287.00 | | 2.4 | $287.00 | | 3.2.9 | $500.00 |