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## TOWN OF RAINBOW LAKE
## BYLAW NO. 2018-08
BEING A BYLAW OF THE TOWN OF RAINBOW LAKE 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, 1"Scss, 42°d Parl, 2017) which will permit persons to possess cannabis if purchased from an authorized person;
Whereas, it is anticipated that the Cannabis Act will come into force in October, 2018 or shortly thercafter;
Whereas, the Province of Alberta has cnacted 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;
Whereas, pursuant to scction 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 poople and property; pcople activities and things in, on or near a public place or place that is open to the public; and other enactment;
the enforcement of bylaws made under the Municipal Government Act or any places;
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 bchaviors and conduct that may have a negative impact on the enjoyment of public NOW THEREFORE the Council of the Town of Rainbow Lake enacts as follows:
SECTION I - SHORT TITLE AND DEFINITIONS
Short Title
1. This Bylaw may be cited as the "Cannabis Consumption Bylaw".
## Definitions and Interpretation
2. (1) In this Bylaw:
"cannabis" has the meaning given to it in the Cannabis Act;
(a)
"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, I"Sess, 42°d Parl, 2017;
"electronic smoking device" means an electronic device that can be used to deliver not lim, em to an electric ig the person, cigari or phe device, including bur
(d) "peace officer" a Community Peace Officer appointed by the Town, or a Bylaw Enforcement Officer appointed to enforce the Town's Bylaws.
"person" includes an individual or a group of individuals.
"public place" includes any place to which the public has access as of right or by invitation, express or implied;
(g) "smoke" or "smoking" means:
i. inhaling or exhaling the smoke produced by burning or heating cannahis; or heated cannabis ii. holding or otherwise having control of any device or thing containing lit or i. inhaling or exhaling the vapour, emissions or aerosol produced by an
(h) "vape" or "vaping" means:
electronic smoking device or similar device containing cannabis, or producing vapour, emissions or aerosol from cannabis.
ii. holding or otherwise having control of an electronic smoking device that is All schedules attached to this Bylaw form part of this Bylaw.
Readines or sub-dadin are pant of this ease of reference and guidance 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.
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.
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.
## SECTION II - PROHIBITION
3. A person must not smoke or vape cannabis in any public place.
SECTION III - MEDICAL CANNABIS
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/2016230 is not subject to this Bylaw.
A person referred to in subsection (1) must, on demand of an officer, produce a copy of the person's medical document.
## SECTION IV - 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 an offence pursuant to this Bylaw.
## SECTION V - ENFORCEMENT
this Bylaw, the peace officer may commence proceedings against the person by
Where a peace officer believes that a person has contravened any provision of issuing a violation ticket in accordance with the Provincial Offences Procedure Act, R.S.A. 2000, c. P-34.
This section shall not prevent a peace 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.
## SECTION VI - 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.
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.
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.
## SECTION VII - SERVABILITY
enforceable
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 SECTION VIII - COMING INTO FORCE
9. This bylaw comes into force on the day the Cannabis Act comes into force.
READ A FIRST TIME this 24'h of September, 2018 READ A SECOND TIME, ASAMENDED, this 16" of October 2018
READ A THIRD TIME and finally passed this 16t* of October 2018
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Chief Administrative Officer
| Specified Penalty | $250.00 | $400.00 | $700.00 |
|------------------------|-----------------------|------------------------|---------------|
| Minimum Penalty | First Offence $150.00 | Second Offence $300.00 | $600.00 |
| Description of Offence | | Smear i consume | Third Offence |
| Section | | | |