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BYLAW 2665/G/22
BEING A BYLAW OF THE TOWN OF STONY PLAIN IN THE PROVINCE OF ALBERTA
RESTRICTING THE CONSUMPTION OF CANNABIS WITHIN THE CORPORATE
BOUNDARIES OF THE TOWN OF STONY PLAIN.
WHEREAS, the Cannabis Act (S.C. 2018, c. 16) provides legal access to Cannabis and to control and
regulate its production, distribution and sale; and
WHEREAS, the Province of Albe11a has enacted the Gaming, Liquor and Cannabis Act, (RSA 2000 cG-1
which places 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, c. M-26, and
amendments thereto, 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, Council deems it 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 Council of the Town of Stony Plain in the Province of Alberta, duly assembled,
hereby enacts the following:
1.0.0
Title
1.1.0
This bylaw may be cited as the "Cannabis Consumption Bylaw".
2.0.0
Definitions
In this bylaw, except where otherwise defined or specified:
2.1.0
"Cannabis" has the meaning given to it in the Cannabis Act_(S. C. 2018, c. 16);
2.2.0
"Cannabis Act" means the Cannabis Act, (S.C. 2018, c. 16);
2.3.0
"Cannabis Plant" means a plant that belongs to the genus Cannabis.
2.4.0
"Municipal Tag" means a ticket alleging an offence is issued pursuant to the authority of a bylaw
of the Municipality.
2.5.0
"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
Stony Plain including the Land Use Bylaw.
2.6.0
"Occupier or Occupants" means residing on, in, or to be in apparent possession or control of
Premises or Property.
2.7.0
"Officer" means Bylaw Enforcement Officers, Peace Officers, members of the Royal Canadian
Mounted Police (R.C.M.P), as the context may require.
2.8.0
"Peace Officer" means a member of the Royal Canadian Mounted Police (R.C.M.P), or a
Community Peace Officer appointed pursuant to the Peace Officer Act, S.A. 2006, c. P-3.5
2.9.0
"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.
2.10.0 "Property" means:
1.
in the case of land, a parcel of land including any Structures; or,
u.
in other cases, personal Property.
2.11.0 "Public Place" means:
1.
any place within the municipality to which the public may have either expressed
or implied access, and;
BYLAW 2665/G/22
Page2
11.
any motor vehicle located in a Public Place or in any place open to public view.
2.12.0 "Smoke or Smoking" means:
1.
inhaling or exhaling the Smoke produced by burning or heating Cannabis: or
11.
holding or otherwise having control of any device or thing containing lit or heated
Cannabis
2.13 .0 "Structure" means any Structure, including but not limited to a building, shed, accessory building
or other similar types of construction.
2.14.0 "Vape or Vaping" means:
1.
inhaling or exhaling the vapour, emissions or aerosol produced by an electronic Smoking
device or similar device containing Cannabis, or
11.
holding or otherwise having control of an electronic device that is producing vapour,
emissions or aerosol from Cannabis.
2.15.0 "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.
3.0.0
Prohibition
3 .1.0
A person must not Smoke, attempt to Smoke, Vape or consume Cannabis in any Public Place
within Town Limits.
3.2.0
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 not subject to this
bylaw.
3 .2.1
A person referred to in Section 3 .2.0 must, on demand of an Officer, produce a copy of
the person's medical document.
3 .3 .0
An owner or Occupier of a Property must ensure the Cannabis Plants are contained on the Property
away from public access in a secure Structure or in a secure fence.
3 .4.0
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.
4.0.0
Powers of Peace Officers
4.1.0
Inspections
4.1.1
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.
4.1.2
A Peace Officer, when investigating an alleged contravention of this bylaw may also
issue a Violation Ticket.
4.2.0
Penalties and Enforcement
4.2.1
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.
4.2.2
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
2000c. P-24.
4.2.3
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.
BYLAW 2665/G/22
Page3
4.2.4
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.
4.2.5
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.
4.2.6
If a Violation Ticket is issued in respect of an offence, the Violation Ticket may:
1.
specify the fine amount established by this bylaw for the offence, or
11. require a person to appear in court without the alternative of making a voluntary
payment
4.2. 7
A person who commits an offence may:
1.
if a Violation Ticket is issued in respect of the offence; and
11. if the Violation Ticket specifies the fine amount established by this bylaw for the
offence, make a voluntary payment equal to the specified fine.
4.2.8
In the case of an offence that is of a continuing nature, a contravention constitutes a separate
offence in respect of each day, or part of a day, on which the offence continues and any
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 day.
4.2.9
A person shall not obstruct or hinder any person in the exercise of performance of the
person's powers pursuant to this Bylaw.
5.0.0
Inspections
5.1.0
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.
5 .2.0
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 pennit, order or license.
6.0.0
Severability
6.1.0
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 paits shall be deemed to be severable and all other section or
paits of this bylaw shall be deemed to be separate and independent there from and to be enacted as
such.
7.0.0
Review
7.1.0
This bylaw shall be reviewed within its fou1th year, being 2026, or as deemed necessary.
8.0.0 Repeal
8.1.0
Bylaw 2595/G/18, and amendments are hereby repealed.
9.0.0
Effective Date
9 .1.0
This bylaw shall take full force and effect on the date it is passed.
Read a first time this 22nd day of August, AD 2022.
Read a second time this 22 nd day of August, AD 2022.
Given unanimous consent this 22 nd day of August, AD 2022.
Read a third time this 22nd day of August, AD 2022.
BYLAW 2665/G/22
Page4
B~
al Manager
Corporate & Strategic Services
BYLAW 2665/G/22
Page5
Schedule A - Penalties
:,
Section
Specified
;1
Penalty
3.1.0
$300
3.2.l
$300
3.3.0
$300
3.4.0
$300