Cannabis Consumption; Bylaw 2018-09 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 45b8d6ba1ad9 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## TOWN OF WAINWRIGHT BYLAW 2018 - 09 A Bylaw of the Town of Wainwright in the Province of Alberta to restrict the consumption of cannabis 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 an Substances Act, the Criminal Code and other Acts, 1st Sess, 42nd Parl, 2017) which wil permit persons to possess cannabis if purchased from an authorized person; AND WHEREAS it is anticipated that the Cannabis Act will come into force in October 17th, 2018; 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 or vaping of cannabis in public places; AND WHEREAS pursuant to section 7 of the Municipal Government Act, R.S.A. 2000, c. M-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; and - (c) the enforcement of bylaws made under the Municipal Government Act or any other enactment; AND WHEREAS Council deems it necessary to impose additional restrictions or the smoking, vaping and other forms of consumption of cannabis in public places t prevent behaviours and conduct that may have a negative impact on the enjoyment of public places; NOW, THEREFORE, THE COUNCIL OF THE TOWN OF WAINWRIGHT ENACTS AS FOLLOWS: ## SHORT TITLE 1. This Bylaw may be cited as the "Cannabis Consumption Bylaw". ## DEFINITIONS AND INTERPRETATION 2. (1) In this Bylaw: 2. (a) "Cannabis" has the meaning given to it in the Cannabis Act; 3. (b) "Cannabis Ac"" 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; 4. (c) "Director of Protective Services" means the person appointed to the position of Director of Protective Services; 5. (d) "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, cigar, cigarillo or pipe; 6. (e) "Officer" means a Bylaw Enforcement Officer appointed pursuant to Bylaw 60M86, a peace officer appointed pursuant to the Peace Officer Act, S.A. 2006, c. P-3.5, 7. (f "Public Place" includes any place to which the public has access as of right or by invitation, express or implied; 8. (g) "Smoke" or "Smoking" means: 9. (i) inhaling or exhaling the smoke produced by burning or heating cannabis; or 10. (i) holding or otherwise having control of any device or thing containing lit or heated cannabis; 11. (h) "Vape" or "Vaping" means: 12. (i) inhaling or exhaling the vapour, emissions or aerosol produced by an (il) holding or otherwise having control of an electronic smoking device that is 2222 electronic smoking device or similar device containing cannabis, or - (2) All schedules attached to this Bylaw form part of this Bylaw. - (3) Headings or sub-headings 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) 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. - (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 licence. ## PROHIBITION 3. A person must not smoke, vape or consume cannabis in any public place. ## MEDICAL CANNABIS 7. 1) A person who sent pes can pran a medical documen Issued pursuant to the Access to Cannabis for Medical Purposes Regulations SOR/2016-230 is not subject to this Bylaw. - (2) A person referred to in subsection (1) must, on demand of an officer, produce a copy of the person's medical document. - (3) A person referred to in subsection (1) is subject to the Smoking and Vaping Bylaw 23M2018. ## OFFENCES ## ENFORCEMENT 6. (1) Where an officer believes that a person has contravened any provision of this Bylaw, the officer may commence proceedings against the person by issuing a violation ticket in accordance with the Provincial Offences Procedure Act, R.S.A. 2000, c. P-34. - (2) This section shall not prevent an officer from issuing a violation ticket requiring a court appearance of the defendant pursuant to the Provincial Offences Procedures Act or from laying an information instead of issuing a violation ticket. ## PENALTY 7. (1) Where there is a specified penalty listed for an offence in Schedule A to this Bylaw, that amount is the specified penalty for the offence. - (2) Where there is a minimum penalty listed for an offence in Schedule A to this Bylaw, that amount is the minimum penalty for the offence. - (3) In this section, "specified penalty" means an amount that can be paid by a person who is issued a violation ticket and is authorized to make a voluntary payment without a Court appearance.          READ a First Time in Council this 3'd day of July, A.D., 2018. Brian thine Mayor Callou Chief Administrative Officer Advertised the 6th and 13* days of July, 2018 in The Star. PUBLIC HEARING held the 7* day of August, 2018. READ a Second Time in Council this Iday of\_K \_ A.D., 2018. Buan Mayor Cedlhe Chief Administrative Officer READ a Third Time in Council and Finally Passed this 7ts day of Any A.D., 2018. Bian Bettere Mayor Eall Chief Administrative Officer ## SCHEDULE A PENALTIES | Section 3 | Description of Offence Smoke, vape or consume cannabis in | Minimum Penalty $100 | Specified Penalty $300 | |-------------|-------------------------------------------------------------|------------------------|--------------------------|