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TOWN OF ROCKY MOUNTAIN HOUSE
BYLAW NO. 2018/35V
BEING A BYLAW OF THE TOWN OF ROCKY MOUNTAIN HOUSE TO RESTRICT
THE CONSUMPTION OF CANNABIS & TOBACCO PRODUCT 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 Session, 42nd Parliament, 2017, which will
permit persons to possess Cannabis if purchased from an authorized person;
AND WHEREAS it is anticipated that the Cannabis Act will come into force on October
17th 2018·
I
I
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 and consuming
of Cannabis in Public Places;
AND WHEREAS pursuant to section 7 of the Municipal Government Act, RS.A. 2000,
c. M-26, Council may pass bylaws respecting the safety, health and welfare of people
and the protection of people and property; activities and things in, on or near a Public
Place or place that is open to the public; and 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 and all forms of consumption of Cannabis & Tobacco in Public Places to
prevent behaviours and conduct that may have a negative impact on the enjoyment of
Public Places;
NOW THEREFORE the Municipal Council of the Town of Rocky Mountain House duly
assembled enacts as follows:
TITLE
1. This Bylaw may be cited as the "Cannabis and Tobacco Consumption Bylaw".
DEFINITIONS
2. In this Bylaw, including this section, unless the context otherwise requires:
a. "Cannabis" means the meaning given to it in the Cannabis Act;
Town of Rocky Mountain House Cannabis & Tobacco Consumption Bylaw No. 2018/35V
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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 Session, 42nd Parliament, 2017;
c. "Chief Administrative Officer" means the Chief Administrative Officer of the
Town of Rocky Mountain House appointed by Council or the Chief
Administrative Officer's authorized designate;
d. "Council" means the Municipal Council of the Town of Rocky Mountain
House;
e. "Designated Smoking Areas" means an area that has been designated as
a tobacco smoking area that is away from buildings, crowds and high traffic
areas.
f.
"Medical Document" means a medical document provided by a care
practitioner to a person who is under their professional treatment pursuant to
Section 8 of the Access to Cannabis for Medical Purposes Regulations.
g. "Municipal Tag" means a form of ticket prescribed by the Town for a bylaw
offence providing a person with the opportunity to pay an amount to the Town
in lieu of prosecution;
h. "Peace Officer" for the purposes of this Bylaw, means
i.
a member of the Royal Canadian Mounted Police;
ii.
a Bylaw Officer as appointed by the Town to enforce bylaws of the
Town, or
iii.
a Community Peace Officer as appointed by the Solicitor General of
Alberta and authorized by the Town;
1.
"Playground" means a structure or collection of structures designated
and intended for recreational use by children and, where mounted in a
distinct material such as sand, gravel, or wood chips, includes the
material in which those structures are mounted.
j.
"Private Property" means a place used by a person as a permanent private
dwelling, including any private land adjacent to the private dwelling or
structure on that private land that is used for the convenience or enjoyment of
the occupants of the dwelling.
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k. "Public Park" means public space controlled by the Town and set aside as
a park to be used for rest, recreation, exercise, pleasure, amusement and
enjoyment, and includes the Town's walking trail system.
I.
"Public Place" means any property, whether publicly or privately owned, to
which members of the public have access as of right or by express or implied
invitation, whether on payment of any fee or not;
m. "Seasonal Skating Rink" means an outdoor ice surface on which
members of the public are permitted to skate, whether on payment of any
fee or not, and includes public lakes, ponds, and outdoor rinks with boards
or other ice support infrastructure.
n. "Skate Park" means an area designated and intended specifically for the
use of skateboards, in-line skates, or similar devices.
o. "Smoke" or "Smoking" means to inhale, to exhale, burn or have control of a
lighted cigarette, lighted cigar, lighted pipe, a hookah, and electronic cigarette
or vape, or other lighted smoking implement designed to burn or heat
cannabis for the purpose of inhaling or tasting of its smoke or emissions.
p. "Sports Field" means an outdoor area designed and intended for use in
a specific sporting event and includes soccer fields, baseball diamonds,
tennis courts, and similar areas.
q. "Tobacco product" means a product composed in whole or in part of tobacco,
including tobacco leaves and any extract of tobacco leaves, but does not
include any product for use in nicotine replacement therapy;
r.
"Town" means the Corporation of the Town of Rocky Mountain House, or the
area contained within the corporate boundaries of the Town, as the context
requires;
s. "Violation Ticket" has the same meaning as in the Provincial Offences
Procedure Act, RS.A. 2000, Chapter P-34, as amended or repealed and
replaced from time to time.
t.
"Workplace" means all or any part of a building, structure or other enclosed
area in which employees perform the duties of their employment, whether or
not members of the public have access to the building, structure or area as of
right or by express or implied invitation, and includes reception areas,
corridors, lobbies, stairwells, elevators, escalators, eating areas, washrooms,
lounges, storage areas, laundry rooms, enclosed parking garages and work
vehicles;
Town of Rocky Mountain House Cannabis & Tobacco Consumption Bylaw No. 2018/35V
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GENERAL INTERPRETATION
3. All schedules attached to this Bylaw form part of this Bylaw.
4.
Headings or sub-headings are inserted for ease of reference and guidance purposes
only and do not form part of this Bylaw.
5. 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.
6.
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.
7. 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.
REGULATION OF SMOKING
GENERAL
8. No person shall Smoke in any building to which the public is ordinarily invited or
permitted to attend. This includes but is not limited to licensed food & beverage
establishments, grandstands, patios, private clubs, public buildings, public
transportation vehicles, restaurants, sidewalk cafes and work places.
9. The CAO or designate may assign "Designated Smoking Areas" for tobacco
on Town Property.
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TOBACCO
Smoke Tobacco Product in Public Place
10. A person may smoke or consume tobacco in any Public Place.
Smoking of tobacco in public shall not be within 5 metres distance from a
doorway, window or air intake of a public place or workplace unless otherwise
posted.
Smoking Tobacco on Private Property
11. No person shall smoke tobacco on private property without the consent or
permission of the owner of the private property.
Smoking Tobacco on Town Property
12. No person shall smoke within 5 metres of any doorway, window or air intake of a
Town owned building.
No person shall smoke Tobacco within 5 metres of the boundary to a Public Park,
Playground, Skate Park, water-spray parks, trails, tennis courts and libraries. This
does not apply when it affects a Private Property adjacent to any of the listed town
recreation facilities and outdoor spaces.
Smoking at the Christenson Sports and Wellness Centre, Lou Soppit Community
Centre and the Credit Union Co-op Aquatic Centre shall not be within 5 metres
distance from a doorway, window or air intake of a Public Place or Workplace
unless otherwise posted or a Designated Smoking Area has been established.
Smoking of tobacco will not be allowed within 5 metres of the Town's baseball
dugouts and all bleachers situated at any of the Sports fields within Rocky Mountain
House. There will be no smoking of tobacco within 5 metres of a Sports
Field(soccer, football, and baseball).
CANNABIS
Smoke or Consume Cannabis in Public Place
13. A person may smoke or consume cannabis in any Public Place.
Consumption of cannabis in public places must be 5 metres distance from a
doorway, window or air intake of a public place or workplace unless otherwise
posted.
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Smoke or Consume Cannabis on Private Property
14. No person shall smoke or consume cannabis on private property without the consent
or permission of the owner of the private property.
Smoke or Consume Cannabis on Town Property
15. No person shall smoke or consume cannabis within 5 metres of any doorway,
window or air intake of a Town owned building.
Consumption of cannabis will not be allowed within 5 metres of the boundary to a
Public Park, Playground, Skate Park, water-spray parks, trails, Christenson Sports
and Wellness Centre, Credit Union Co-op Aquatic Centre, Lou Soppit Community
Centre, libraries, Sports Field and other recreational facilities used by the general
public. This does not apply when it affects a Private Property adjacent to any of the
listed town recreation facilities and outdoor spaces.
Consumption of Cannabis will not be allowed at any Town of Rocky Mountain House
organized events open to the public. Example would be Marketplace on Main.
MEDICAL CANNABIS
16. A person who is entitled to possess Cannabis pursuant to a Medical Document is
subject to follow this Bylaw for the consumption of cannabis.
PENAL TIES AND POWERS OF PEACE OFFICER
17. 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.
18. Any person who breaches any section of this Bylaw is guilty of an offence and liable
to:
a. payment of the penalty specified in Schedule "A" hereto; or
b. for any offence for which there is no penalty specified, to a penalty of not less
than $200.00 and not more than $10,000.00;
and in default of payment of any penalty, to imprisonment for up to six (6) months.
19. 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:
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a. A Municipal Tag allowing payment of the specified penalty to the Town, which
payment will be accepted by the Town in lieu of prosecution for the offence;
or
b. A Violation Ticket, allowing a voluntary payment of the specified penalty to the
Provincial Court, or, requiring a person to appear in court without the
alternative of making a voluntary payment;
and the recording of the payment of a specified penalty made to the Town pursuant
to a Municipal Tag or the Provincial Court of Alberta pursuant to a Violation Ticket
shall constitute an acceptance of a guilty plea and conviction for the offence.
20. Service of a Municipal Tag shall be sufficient if it is:
a. personally served; or
b. sent and served by regular mail to the person's last known mailing address.
21. If a Municipal Tag is issued in respect of an offence, the Municipal Tag must set out
the specified penalty amount for the contravention established by this Bylaw.
22. After the expiry of ten (10) days from the date of service of the Municipal Tag, the full
specified penalty amount must be paid, and may be paid to the Town of Rocky
Mountain House at any time before a Violation Ticket is issued.
23. If a Municipal Tag has been issued and served on a person, the ten (10) days has
expired and the specified penalty amount has not been paid, a Violation Ticket may
be issued to the alleged offender.
24. Nothing in this Bylaw shall prevent a Peace Officer from immediately issuing and
serving a Violation Ticket on a person for a contravention of this Bylaw, even if a
Municipal Tag has not been issued.
25. Nothing in this Bylaw shall prevent a Peace Officer from immediately laying an
information instead of issuing a violation ticket.
SEVERABILITY AND REPEAL
26. It is the intention of Council that each provision of this Bylaw should be considered
as being separate and severable from all other provisions. Should any section or
provision of this Bylaw be found to have been improperly enacted, then such section
or provision shall be regarded as being severable from the rest of this Bylaw and
that the Bylaw remaining after such severance shall remain effective and
enforceable.
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27.A copy of a record of the Town, certified by the Chief Administrative Officer 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.
28. Schedule "A" may, from time to time, be amended by a resolution of Council.
REPEAL OF BYLAWS
28. The Cannabis Consumption Bylaw 2018/30V is hereby repealed.
THAT this Bylaw shall take effect on December 18, 2018 and upon signing by the
Mayor and Chief Administrative Officer.
READ a first time in Council assembled this 18th day of December, 2018.
READ a second time in Council assembled this 18th day of December, 2018.
READ a third time in Council assembled and passed this 18th day of December, 2018.
Tammy Burke, Mayor
Town or Rocky Mountain I louse Cannabis & Tobacco Consumption Bylaw No. 2018/35V
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Redacted under Section 17 of the FOIP Act.
Redacted under Section 17 of the FOIP Act.
Town of Rocky Mountain House Bylaw 2018/35V
Cannabis and Tobacco Consumption Bylaw Schedule A
Offences and Penalties
Initial and
Specified
Offence Description
Section
Repeated
Offences
Penalty
Smoke Tobacco or consume
Cannabis in Public Place
within
five
metres
of
10, 13
doorway,
window
or
air
intake
a) First offence
Smoke Tobacco or consume
b) Second
Cannabis on private property
offence -
a) $250.00
within one
without
consent
or
11, 14
year
b) $500.00
permission
of
property
owner.
c) Third &
c) $1000.00
subsequent
Smoke
offences -
or
consume
within one
Cannabis or Tobacco within
5 metres of any doorway or
year
property owned by the Town
12,15
as
well
as
outdoor
recreational facilities.
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