This is the exact embedded text of the captured official document.
Snapshot 4d3918bee055 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
TOWN OFVIKING
BYLAW 2018-570
BEING A BYLAW OF TOWN OF VIKING (hereinafter referred to as "the
Municipality") IN THE PROVINCE OF ALBERTA TO REGULATE SMOKING AND
VAPTNG OF CANNABTS, OR CANNABTS PRODUCTS rN PUBLTC PLACES.
WHEREAS pursuant to Section 7(a) of the Municipal Government Ac4 R.S.A. 2000, c.
M-26 (the "MGA'), a Council may pass bylaws for municipal purposes respecting the
safety, health and welfare of people and the protection of people and propefi;
AND WHEREAS pursuant to Section 7(b) of the MGA, a Council may pass bylaws for
municipal purposes respecting people, activities and things in, on or near a public place
or place that is open to the public;
AND WHEREAS pursuant to Section 7(i) of the MGA a Council may pass bylaws for
municipal purposes respecting the enforcement of bylaws made under the MGA or any
other enactment including any or all of the matters listed therein;
AND WHEREAS the smoke or vapour produced by the smoking or vaping of cannabis
and, or other cannabis related substances is a nuisance for persons in public places;
AND WHEREAS the Municipality deems it expedient and appropriate to limit the
effects of secondhand smoke in the Municipality by regulating smoking and vaping of
cannabis and other cannabis related substances in public places;
NOW THEREFORE, T}IE COUNCIT OF THE MUNICIPALITY DULY ASSEMBLED,
HEREBY ENACTS AS FOTLOWS:
PART 1 - PURPOSE. DEFINITIONS AND INTERPRETATION
PURPOSE
The purpose of this Bylaw is to regulate smoking and vaping of cannabis and
other cannabis related substances in public places to reduce exposure to
secondhand smoke in the Municipality for the health, safety and welfare of the
inhabitants.
SHORT TITLE
2.
This Bylaw may be cited as the "Smoking and Vaping Bylaw"
DEFINITIONS AND INTERPRETATION
3.
For the purpose of administering the provisions of this Bylaw, the following
definitions shall apply:
a)
"CANNABIS" has the meaning given to that term in the federal 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* Sess,
42nd Part,2017);
b)
"BYLAW OFFICER" means any duly appointed Bylaw Enforcement Officer
or Peace Officer of the Municipality or any member of the Royal Canadian
Mounted Police;
1
TOWN OF VIKING
BYLAW 2018-670
PAGE 2
c)
*COUNCIL" has a meaning prescribed in the MGA, as amended, or
replaced from time to time;
d)
"DAY CARE FACILIry" has a meaning prescribed in the Land Use Bylaw
L222, as amended, or replaced from time to time;
e)
"EATING AND DRINKING ESTABLISHMENT" has a meaning prescribed
in the Town of Viking Land Use Bylaw as amended, or replaced from
time to time;
"ELECTRONIC SMOKING DEVICE" means an electronic device that can be
used to deliver a vapour, emission or aerosol to the person inhaling from
the device, including but not limited to an electronic cigarette.
S)
"LICENSED GAMING ESTABLISHMENT'means any premises for which the
Province of Alberta has a bingo licence or casino licence issued under the
Gaming Liquor & Cannabis Acfr,
h)
"OUTDOOR PATIO" means an area outside of a building intended for the
consumption of food or beverages by patrons of a business providing such
food or beverages, and includes:
a public premise where food or beverages are served that is not
fully contained within an enclosed building; and
an outside extension of an eating or drinking establishment
regardless of whether it is covered;
f)
il
i)
i)
r)
"PERSON" includes an individual, business, proprietorship, corporation,
society, non-profit organization, or government agency;
k)
"PLACE OF WORSHIP" means a development and any related meeting
halls used for spiritual worship and related religious, charitable,
educational or social activities;
"PARK' has a meaning prescribed in the Town of Viking Land Use Bylaw ,
as amended, or replaced from time to time; for the purposes of this
Bylaw, *PARK" shall also include all in town "WALKING PATHS".
"PLAYGROUND" means an outdoor area upon which apparatus such as
swings and slides are placed;
m) "PRIVATE RESIDENCE" means a self-contained living premises for the
domestic use of one or more persons and is provided with a separate
private entrance from the exterior of a building or from a common hall,
lobby or stairway, but does not include any portion of such area used as a
workplace with the exception of a hotel room or motel room;
n)
"PUBLIC" means any person other than the owner, lessee, proprietor or
employer of a particular building or place;
TOWN OF VIKING
BYLAW 2018-670
PAGE 3
o)
"PUBLIC BUILDING" means any enclosed building or structure as defined
in this bylaw to which the public can and does have access by right or by
invitation, 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;
the public has access to the building only at certain times, or from
time to time;
a member of the public has access only if they are a member or if
they are accompanied by a member;
vi, subject to subsections (i) and (ii) below, if the public has access
only to a portion of the building or structure, the entire building or
structure shall be deemed to be a public building;
Where a building includes a private residence, the following shall apply
i. that portion of the building containing the private residence shall be
deemed not to be a public building;
ii. if a building contains two or more private residences, those
common areas of the building, including washrooms, corridors,
reception areas, elevators, escalators, foyers, hallways, stairways,
lobbies, laundry rooms and enclosed parking garages, shall be
deemed to be a public building;
p)
"RECREATION FACILITY" has a meaning prescribed in the Town of Viking
Land Use Bylaw, as amended, or replaced from time to time;
q)
"RESTAURANT" means an enclosed place or premises, the primary
purpose of which is the preparation and sale of food for consumption
on the premises, the secondary purpose of which may include the sale
of alcoholic or non-alcoholic beverages, takeout food seruices and
catering. A restaurant does not include a drinking establishment, but
does include any premises for which a Class A liquor license has been
issued for the sale and consumption of liquor in premises open to the
public, and where minors are not prohibited by the terms of the license;
"SCHOOL" has a meaning prescribed in the Town of Viking Land Use
Bylaw, as amended, or replaced from time to time;
IV
r)
TOWN OF VIKING
BYLAW 2018-670
PAGE 4
s)
"SMOKE'or "SMOKING" means:
i. the carrying, holding or otherwise controlling of any lit smoking
equipment, cigarette or pipe containing cannabis or any other such
substances; or
ii. inhaling or exhaling the smoke produced by burning cannabis
D
*VAPE'oT "VAPING" means:
i. inhaling or exhaling the vapour, emissions or aerosol produced by
an electronic smoking device or similar device containing cannabis
or any other related substance; or
ii, holding or otherwise having control of an electronic smoking device
that is producing vapour, emissions or aerosol from cannabis or any
other related substance;
u)
"VIOI-ATION TICKET" means a ticket issued pursuant to Part II of the
Provincial Offences Procedure /4cf, R.S.A. 2000 c. P-34, as amended or
replaced from time to time, and regulations thereunder, and as referred
to in Part 6 of this bylaw;
"WORKPI-ACE" means any enclosed area of a building or structure in
which an employee works and includes washrooms, corridors, lounges,
eating areas, outdoor patios, reception areas, elevators, escalators,
foyers, hallways, stairways, enclosed walkways, amenity areas, lobbies,
laundry rooms and enclosed parking garages utilized by an employee.
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 requirements of any
lawful permit, order or license.
v)
4.
5.
6
TOWN OF VIKING
BYLAW 2018-670
PAGE 5
PART 2. PROHIBITION
7.
No person shall smoke or vape in, on or within any of the following places:
i. a day care/day home/playschool;
ii. an eating and drinking establishment;
iii. a licensed gaming establishment;
iv, an outdoor patio;
v. a park;
vi. a walking trail;
vii. a place of worship;
viii. a playground;
ix. a public building or place including a museum and grounds;
x. a recreation facility, including a golf course;
xi. a restaurant;
xii. a school;
xiii. a workplace.
8.
No person shall smoke or vape in any area or place where that person is
prohibited from smoking or vaping under the Tobacco and Smoking Redudion
Act, SA 2005, c. T-3.8.
PART 4 - OFFENCES
9.
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.
PART 5 - PENALTIES
10. Any person who fails or neglects to perform the duties or requirements imposed
upon it under the provisions of this Bylaw is guilty of an offence and liable on
summary conviction to a fine not exceeding ten thousand dollars ($10,000.00).
11. The specified fine for an offence committed pursuant to this Bylaw shall be two
hundred fifty dollars ($250.00) for each such occurrence.
L2. Any person convicted of an offence shall also be liable, in default of payment of
any fine, to imprisonment for up to six (6) months.
13. In the case of an offence that is of a continuing nature, a contravention shall
constitute a separate offence in respect of each day, or part of a day, on which
15
TOWN OF VIKING
BY|-AW 20t8-670
PAGE 6
that offence 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 day.
PART 6 - VIOIATION TICKET
t4. A Bylaw Officer is hereby authorized and empowered to issue a violation ticket
pursuant to Part II of the Provincial Offences Procedure Act, R.S.A. 2000, c. P-
34, as amended, or replaced from time to time, to any person who the Bylaw
Officer has reasonable grounds to believe has contravened any provision of this
Bylaw.
PART 7 - SEVERABILITY
If any section or sections of this Bylaw or parts thereof are found in any court of
law to be illegal or beyond the power of Council to enact, such section or
sections or parts thereof shall be deemed to be severable and all other sections
or parts of this Bylaw shall be deemed to be separate and independent
therefrom and to be enacted as such.
PART 8 - ENFORCEMENT
For the enforcement of this Bylaw, a Bylaw Officer, upon producing proper
identification, may enter any public place and may make examinations,
investigations and inquiries.
L7
No Bylaw Officer may enter a workplace that is also a private residence without
the consent of the occupant or without first obtaining and producing a warrant.
18. Where a Bylaw Officer has reason to believe that a person has contravened any
provision of this bylaw, he or she may serve upon such person:
a) a violation ticket requiring a person to appear in Court with the alternative
of making a voluntary payment in lieu of prosecution; or
b) a violation ticket requiring a person to appear in Court without the
alternative of making a voluntary payment.
16.
TOWN OF VIKING
BYLAW 2018-570
PAGE 7
PART 9 - REPEAL AND COMING INTO EFFECT
19. This Bylaw comes into effect when it is passed.
READ a first time this 19th day of November, A.D. 2018.
READ a second time this 19th day of November, A.D. 2018.
READ a third and final time this 19th day of November, A.D. 2018