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SUMMER VILLAGE OF SUNDANCE BEACH
Municipal Government Act RSA 2000 Chapter M-26
Part 2 Section 7 TOBACCO PRODUCTS AND CANNABIS USE IN PUBLIC PLACES
BYLAW NO. 2020-11
Tobacco Products and Cannabis Use in Public Places
Summer Village of Sundance Beach
Page 1 of 5
A BYLAW OF THE SUMMER VILLAGE OF SUNDANCE BEACH CONCERNING THE USE
OF TOBACCO PRODUCTS AND CANNABIS IN PUBLIC PLACES WITHIN THE SUMMER
VILLAGE OF SUNDANCE BEACH.
WHEREAS Section 7 of the MGA (as defined below) 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 WHEREAS the Council (as defined below) deems it proper and expedient to pass a bylaw
for the purpose of restricting the use of Tobacco Products (as defined below) and Cannabis (as
defined below) in public places in the Summer Village (as defined below);
NOW THEREFORE, the Council, duly assembled, hereby enacts as follows:
1.0 SHORT TITLE
1.1
This Bylaw shall be known as the "Tobacco Products and Cannabis Bylaw".
2.0 DEFINITIONS
2.1
Definitions used in this Bylaw, if not defined in this Bylaw, shall have the same
meanings attributed to those definitions in the MGA.
2.2
In this Bylaw:
a) "Bylaw Enforcement Officer" means (i) a person who is an employee of the
Summer Village or third party and who has been appointed to carry out the
duties of enforcing its Bylaws, (ii) a person who is a community peace officer as
defined under the Peace Officer Act (Alberta), or (iii) a person who is a member
of the Royal Canadian Mounted Police;
b) "Cannabis" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil
and cannabis plant seeds and any other substance defined as cannabis in the
Cannabis Act and its regulations, it being acknowledged that "Cannabis"
includes edible products that contain cannabis and that cannabis is a broad
term used to describe the various products which are derived from the leaves,
flowers and resins of the Cannabis sativa and Cannabis Indica plant or hybrids
of the two and which exist in various forms and are used for different purposes
(e.g. medical, recreational and industrial, uses);
SUMMER VILLAGE OF SUNDANCE BEACH
Municipal Government Act RSA 2000 Chapter M-26
Part 2 Section 7 TOBACCO PRODUCTS AND CANNABIS USE IN PUBLIC PLACES
BYLAW NO. 2020-11
Tobacco Products and Cannabis Use in Public Places
Summer Village of Sundance Beach
Page 2 of 5
c)
"Cannabis Act" means an Act respecting Cannabis and to amend the
Controlled Drugs and Substances Act, the Criminal Code and other Acts, S.C.
2018 Chapter 16;
d) "CAO" means the Chief Administrative Officer of the Summer Village;
e) "Consume" or "Consuming" means to eat, drink, or ingest;
f)
"Council" means the Council of the Summer Village;
g) "Electronic Smoking Device" means an electronic device that can be used to
deliver a vapor, emission or aerosol to the person inhaling from the device,
including but not limited to an electronic cigarette, cigar, cigarillo or pipe;
h) "Easement Holders Association" means the Alberta society known as the
Sundance Beach Easement Holders' Association;
i)
"MGA" means the Municipal Government Act, Revised Statutes of Alberta, 2000
Chapter M-26;
j)
"Municipal Tag" means a form of ticket issued by the Summer Village
pursuant to the MGA for breach of its Bylaws;
k) "POPA" means the Provincial Offences Procedure Act, Revised Statutes of
Alberta, 2000 Chapter P-34;
l)
"Private Property" means any land, buildings or property located in the
Summer Village which is privately owned and to which members of the public
do not have access as of right. For greater certainty, "Private Property"
includes (i) land which is owned by the Easement Holders Association and
which certain members of the Easement Holders Association have the right to
use and occupy pursuant to a written easement agreement, (ii) public utility
lots which are owned by the Summer Village and which certain residents of the
Summer Village have the right to use and occupy pursuant to a written
easement agreement, (iii) public utility lots which are owned by the Summer
Village and which certain residents of the development known as "Sundance
Estates" have the right to use and occupy pursuant to a written license
agreement, and (iv) road allowances which are controlled by the Summer
Village and which certain residents of the Summer Village have the right to use
and occupy pursuant to a written license agreement;
m) "Public Place" means any land, buildings or property located in the Summer
Village which is owned by the Summer Village and to which members of the
public have access as of right, or by express or implied invitation, whether on
SUMMER VILLAGE OF SUNDANCE BEACH
Municipal Government Act RSA 2000 Chapter M-26
Part 2 Section 7 TOBACCO PRODUCTS AND CANNABIS USE IN PUBLIC PLACES
BYLAW NO. 2020-11
Tobacco Products and Cannabis Use in Public Places
Summer Village of Sundance Beach
Page 3 of 5
payment of any fee or not. For greater certainty, "Public Place" includes the
Summer Village's community centre, garage and storage buildings and its parks
and playgrounds but excludes roads located in the Summer Village and Private
Property;
n) "Smoke" or "Smoking" means to inhale or exhale a cigarette, cigar, pipe,
hookah or other smoking implement designed to burn or heat products for the
purpose of inhaling its smoke or emissions;
o) "Summer Village" means the Summer Village of Sundance Beach;
p) "Tobacco Products" means any products composed in whole or in part of
tobacco, tobacco leaves or extract from tobacco leaves;
q) "Vape" or "Vaping" means to inhale or exhale the vapor, emissions or aerosol
produced by an Electronic Smoking Device or similar device; and
r)
"Violation Ticket" means a ticket issued pursuant to Part 2 or Part 3, as
applicable, of the POPA.
3.0 GENERAL INTERPRETATION
3.1
All schedules attached to this Bylaw form part of this Bylaw.
3.2
Headings or subheadings in this Bylaw are inserted for ease of reference and
guidance purposes only and do not form part of this Bylaw.
3.3
Words in the singular include the plural and words in the plural include the
singular.
3.4
Where this Bylaw cites or refers to any act, regulation, code or other bylaw, the
citation or reference to the act, regulation, code or other bylaw includes any
amendments thereto before or after the commencement of this Bylaw, and
includes any reference to any act, regulation, code or other bylaw that may be
substituted in its place.
3.5
Each provision of this Bylaw is independent of, and severable from, all other
provisions and if any provision is declared invalid or unenforceable for any reason
by a court of competent jurisdiction, all other provisions of this Bylaw remain
valid and enforceable.
3.6
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.
SUMMER VILLAGE OF SUNDANCE BEACH
Municipal Government Act RSA 2000 Chapter M-26
Part 2 Section 7 TOBACCO PRODUCTS AND CANNABIS USE IN PUBLIC PLACES
BYLAW NO. 2020-11
Tobacco Products and Cannabis Use in Public Places
Summer Village of Sundance Beach
Page 4 of 5
4.0 PROHIBITION
4.1
No person shall Consume, Smoke, or Vape Tobacco Products or Cannabis in any
Public Place.
5.0 EXEMPTION
5.1
Nothing in this Bylaw shall prohibit a person from Consuming, Smoking or Vaping
Tobacco Products or Cannabis in or on any Private Property.
6.0 FINES AND ENFORCEMENT
6.1
A person who contravenes any provision of this Bylaw is guilty of an offence
pursuant to this Bylaw.
6.2
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
it continues and a person guilty of such an offence is liable to a fine in an amount
not less than the amount established in accordance with Section 6.3 below for
each separate offence.
6.3
Any person who is guilty of an offence under this Bylaw is liable for a fine not
less than the amount established in this section and not more than $10,000. The
following fine amounts are established for use in Municipal Tags and Violation
Tickets (which offer a voluntary payment option):
a) $200 for any offence under Section 6.1 above; and
b) double the fine amount described above for any subsequent offence which
means an offence committed by a person within one year after that person
has already been convicted of the same offence or has voluntarily paid a fine
for the same offence.
6.4
With respect to an offence under this Bylaw, a Bylaw Enforcement Officer may
issue a Municipal Tag or a Violation Ticket specifying the amount of the fine
established in accordance with Section 6.3 above.
6.5
When a Municipal Tag is issued, the amount of the fine indicated therein may be
paid in accordance with the Municipal Tag in lieu of prosecution.
6.6
When a Violation Ticket is issued with a specified penalty, the amount of the fine
indicated therein may be paid in accordance with the Violation Ticket in lieu of
prosecution.
SUMMER VILLAGE OF SUNDANCE BEACH
Municipal Government Act RSA 2000 Chapter M-26
Part 2 Section 7 TOBACCO PRODUCTS AND CANNABIS USE IN PUBLIC PLACES
BYLAW NO. 2020-11
Tobacco Products and Cannabis Use in Public Places
Summer Village of Sundance Beach
Page 5 of 5
6.7
Nothing in this Bylaw shall preclude a Bylaw Enforcement Officer from issuing a
Violation Ticket for a mandatory court appearance to any person who
contravenes any provision of this Bylaw.
6.8
Nothing in this Bylaw shall preclude a Bylaw Enforcement Officer from laying
charges under any alternate governing legislation.
7.0 REPEAL
7.1 This Bylaw shall replace Bylaw P18 (Smoking Bylaw) and Bylaw P18 is hereby
repealed.
8.0 COMING INTO FORCE
8.1 This Bylaw shall come into full force and effect upon final passing.
READ a first time this 19th day of November, 2020.
READ a second time this 19th day of November, 2020.
READ a third and final time this 24th day of June, 2021.
_____________________________
_____________________________
Peter Pellatt, Mayor
June Boyda, Chief Administrative Officer
Summer Village of Sundance Beach
Summer Village of Sundance Beach