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Consolidated Version
of
the Cannabis Consumption Bylaw
(being Bylaw No. 30/2018 of the City of St. Albert, as amended by Bylaw No. 5/2019,
consolidated and printed under the authority of the Chief Administrative Officer of the City
of St. Albert)
This is certified to be a true copy of consolidated
Bylaw No. 30/2018 of the City of St. Albert.
_______________________________________
David S. Leflar
Director of Legal and Legislative Services
Chief Legislative Officer
Page 2 of 7 | Bylaw 30/2018
The text shown in parentheses in various locations throughout this document identifies the corresponding
amending bylaw which authorized the change. For example (BL 5/2019) refers to Bylaw No. 5/2019.
CITY OF ST. ALBERT
BYLAW 30/2018
A Bylaw to regulate consumption of cannabis within the City of St. Albert
______________________________________________________________________
WHEREAS:
i.
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;
ii.
it is anticipated that the Cannabis Act will come into force on October 17,
2018 or shortly thereafter;
iii.
the Province of Alberta has enacted An Act to Control and Regulate Cannabis
SA 2017 c21 which will place restrictions on the smoking and vaping of
cannabis in public places;
iv.
pursuant to section 7 of the Municipal Government Act RSA 2000 cM-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 or place that is
open to the public;
c. the enforcement of bylaws made under the Municipal Government Act or
any other enactment;
v.
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 City of St. Albert, duly assembled, hereby
ENACTS AS FOLLOWS:
Page 3 of 7 | Bylaw 30/2018
Title
1. This Bylaw may be referred to as the "Cannabis Consumption Bylaw".
Definitions
2. In this Bylaw:
a. "Bylaw" means the Cannabis Consumption Bylaw 30/2018;
b. "Bylaw Enforcement Officer" means an individual appointed as such in
accordance with Bylaw 21/2003, the Bylaw Enforcement Officer Bylaw;
c. "Cannabis" has the meaning given to it in the Cannabis Act;
d. "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 Sess, 42nd Parl, 2017;
d.1 "Chief Administrative Officer" or "CAO" means the individual appointed by
Council to the position of Chief Administrative Officer under section 205 of
the Municipal Government Act and pursuant to the Chief Administrative
Officer Bylaw; (BL 5/2019)
e. "City" means the municipal corporation of the City of St. Albert or, where
the context so requires, the area contained within the boundaries of the
City;
f. DELETED (BL 5/2019)
g. "Electronic Smoking Device" means an electronic device that may be used
to deliver a vapour, emission, or aerosol to the person inhaling from the
device, including but not limited to an electronic cigarette, vaporizer
cigarette, cigar, cigarillo, or pipe;
h. "Municipal Violation Tag" means a City-issued notice that alleges a Bylaw
offence and provides a person with the opportunity to pay an amount to
the City in lieu of prosecution for the offence;
i. "Peace Officer" means a person employed for the purposes of preserving
and maintaining the public peace, and includes:
i. a provincially appointed community Peace Officer for the City of St.
Albert;
Page 4 of 7 | Bylaw 30/2018
ii. a Bylaw Enforcement Officer authorized to enforce this Bylaw in
accordance with their appointment; and
iii. a regular member of the Royal Canadian Mounted Police;
j. "Private Living Accommodation" means any Building or portion thereof that
is used as a residence or that is used exclusively by person(s) living in the
residence. In a Building containing multiple residential units, common use
areas such as parkades, washrooms, waiting rooms, meeting rooms,
storage areas, fitness facilities, kitchens, eating areas, cloak rooms, and
hallways shall not be considered parts of a Private Living Accommodation.
For the purposes of this Bylaw, a room to let in a hotel, motel, lodge, or inn
or any similar place, shall be considered a Private Living Accommodation;
k. "Proprietor" means the owner of, or any person controlling, governing, or
directing activities within a place referred to in this Bylaw;
l. "Public Place" means any building, structure, or other indoor or outdoor
space, whether publicly or privately owned or controlled, to which
members of the public have access as of right, or are expressly or
impliedly invited to use the space, with or without payment, whether or not:
i. all members of the public are invited;
ii. the Proprietor has the right to exclude any particular persons;
iii. payment, membership, or the performance of some formality is
required prior to access;
iv. the public has access to the place only at certain times, or from
time to time;
v. a member of the public has access only if they are a member or if
they are accompanied by a member; and
vi. if the public has access only to a portion of any building or
structure, the entire building or structure shall be deemed to be a
Public Place;
m. "Smoke" or "Smoking" means:
i. inhaling or exhaling the smoke produced by lit, burning, ignited, or
heated Cannabis;
Page 5 of 7 | Bylaw 30/2018
ii. holding or otherwise having control of lit, burning, ignited, or heated
Cannabis, or any device or thing containing lit, burning, ignited, or
heated Cannabis;
iii. inhaling or exhaling the vapour, emissions, or aerosol produced by
an Electronic Smoking Device or similar device containing
Cannabis; or
iv. holding or otherwise having control of an Electronic Smoking
Device or similar device that is producing vapour, emissions, or
aerosol from Cannabis; and
n. "Violation Ticket" means a violation ticket issued in accordance with the
Provincial Offences Procedure Act RSA 2000 cP-34.
Interpretation
3. Headings or subheadings 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. If any provision of this Bylaw is declared invalid for any reason by a court of
competent jurisdiction, all other provisions of this Bylaw will 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 other requirement of any
lawful permit, order, or license.
Prohibitions
7. Unless an exception applies under this Bylaw, no person may Smoke or
consume Cannabis in a Public Place.
8. Section 7 does not apply to a Private Living Accommodation.
Medical Cannabis
9. A person who is entitled to possess Cannabis pursuant to a medical document
issued pursuant to the Access to Cannabis for Medical Purposes Regulations,
Page 6 of 7 | Bylaw 30/2018
SOR/2016-230, the Cannabis Regulations, SOR/2018-144, or any succeeding or
amending legislation, is not subject to this Bylaw.
10. A person referred to in section 9 must, on demand of a Peace Officer, produce a
copy of the person's medical document.
11. A person referred to in section 9 who Smokes Cannabis is subject to the
Smoking Bylaw 1/2004.
Offence
12. A person who contravenes any provision of this Bylaw is guilty of an offence.
Continuing Offence
13. In the case of an offence that is of a continuing nature, a contravention of a
provision of this Bylaw constitutes a separate offence with respect to each day,
or part of a day, during which the contravention continues, and a person guilty of
such an offence is liable to a fine in an amount not less than that established by
this Bylaw for each such separate offence.
Fines and Penalties
14. A person who is guilty of an offence under this Bylaw is liable:
a. to a specified fine of $250.00; or
b. on summary conviction, to a fine not exceeding $10,000.00 or to an order
of imprisonment for not more than one (1) year, or both.
Municipal Violation Tag
15. A Peace Officer may issue, with respect to an offence under this Bylaw, a
Municipal Violation Tag specifying the fine amount established by this Bylaw.
16. Where a Municipal Violation Tag is issued, the fine amount indicated thereon
may be paid as directed in lieu of prosecution.
Violation Ticket
17. A Peace Officer may issue, with respect to an offence under this Bylaw, a
Violation Ticket:
a. specifying the fine amount established by this Bylaw; or
Page 7 of 7 | Bylaw 30/2018
b. requiring an appearance in court without the option of making a voluntary
payment.
18. Where a Violation Ticket specifies a fine amount, a voluntary payment equal to
the specified fine amount may be made as directed.
General
19. Without restricting any other power, duty, or function granted by this Bylaw, the
CAO may: (BL 5/2019)
a. carry out whatever inspections are reasonably required to determine
compliance with this Bylaw; and
b. delegate any powers, duties, and functions under this Bylaw to a City
employee.
20. A copy of a record of the City, certified by the CAO 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. (BL 5/2019)
21. The burden of proving, on a balance of probabilities, that an exception referred to
by this Bylaw applies in a particular case is on the person alleging such
exception.
Effective Date
22. This Bylaw will come into force and effect on such date as the Cannabis Act, or
its specific enabling provisions, comes into force.