Cannabis Consumption Bylaw No. 875-18 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 6e72553a1fc5 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## Town of Picture Butte ## Bylaw No. 875 - 18 BEING A BYLAW OF THE TOWN OF PICTURE BUTTE, IN THE PROVINCE OF ALBERTA, TO RESTRICT THE CONSUMPTION OF CANNABIS IN PUBLIC PLACES; 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, 1st Sess., 42nd Parl, 2017) which will permit persons to possess Cannabis if purchased from an authorized person; AND WHEREAS the Cannabis Act came 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 places 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, c. M-26, Council may 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 that is open to the public; and - (c) the enforcement of bylaws made under the Municipal Government Act or any other enactment; AND WHEREAS Council deems it necessary 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 Picture Butte, in the Province of Alberta, duly assembled, HEREBY ENACTS AS FOLLOWS: ## Short Title 1. This Bylaw may be cited as the "Cannabis Consumption Bylaw" ## Definitions and Interpretations 2. (1) In this Bylaw: - a. "Cannabis" has the meaning given to it in the Cannabis Act; - 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 Act, 1st Sess, 42nd Parl, 2017; - 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; - d. "Officer" means a member of the Royal Canadian Mounted Police or a special constable or Bylaw Enforcement Officer of the Town of Picture Butte. - e. "Public Place" includes any place to which the public has access as of right or by invitation, express or implied; - f. "Smoke" or "Smoking" means: 8. or i. inhaling or exhaling the smoke produced by burning or heating Cannabis; - ii. holding or otherwise having control of any device or thing containing lit or heated Cannabis; - g. "Vape" or "Vaping" means: - i. inhaling or exhaling the vapour, emissions or aerosol produced by an Electronic Smoking Device or similar device containing Cannabis, or - ii. 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 license.  ## Prohibition 3. A person must not Smoke, Vape or consume Cannabis in any Public Place. ## Offences 4. 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 an offence pursuant to this Bylaw. ## Enforcement 5. (1) Where an Officer believes 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 Procedure Act or from laying information instead of issuing a violation ticket. ## Penalty 6. (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.  ## Coming Into Force 7. This Bylaw comes into force upon the date of the passing of the third and final reading thereof. MOVED by Councillor de Kok to approve FIRST reading of Bylaw #875-18 this 22'° day of October, 2018. CARRIED MOVED by Councillor de Kok to approve SECOND reading of Bylaw #875-18 this 17" day of December, 2018. CARRIED MOVED by Deputy Mayor Watson to approve THIRD AND FINAL reading of Bylaw #875-18 this 17" day of December, 2018. CARRIED   Chief Elected Official Keith Davis Chief Administrative Officer SEAL ## SCHEDULE A PENALTIES | Section | Description of Offence | Minimum Penalty | Specified Penalty | |-----------|-------------------------------------------------|-------------------|--------------------------------------------------------------------------------| | 3 | Smoke, Vape or consume Cannabis in Public Place | $50 | $200 Subsequent offences within one (1) year will increase by $100 per offence |