HomeMy WebLinkAboutBylaw 1771 - Cannabis Consumption BylawBYLAW NO. 1771
CANNABIS CONSUMPTION BYLAW
A BYLAW OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA, TO RESTRICT THE
CONSUMPTION OF CANNABIS IN PUBLIC PLACES
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 pursuant to Section 10 of the Tobacco and Smoking Reduction Act, SA 2005,
Chapter T-3.8, municipalities are authorized to pass bylaws to regulate, restrict or prohibit
smoking;
AND WHEREAS Council deems it necessary to impose additional restrictions on the smoking,
vaping and other forms of consumption of cannabis in public places to prevent behaviors and
conduct that may have a negative impact on the enjoyment of public places;
NOW, THEREFORE, THE COUNCIL OF KNEEHILL COUNTY ENACTS AS FOLLOWS:
SHORT TITLE
This Bylaw may be cited as the "Cannabis Consumption Bylaw"
DEFINITIONS AND INTERPRETATION
Definitions in this Bylaw:
(a) "cannabis" has the meaning given to it in the Cannabis Acts
(b) "Cannabis Act" is an Act respecting cannabis and to amend the
Controlled Drugs and Substances Act, the Criminal Code and other Acts;
(c) "electronic smoking device" means an electronic device that can be used
to deliver a vapor, emission or aerosol to the person inhaling from the
Bylaw No. 1771, CANNABIS CONSUMPTION BYLAW Page 2 of 5
device, including but not limited to an electronic cigarette, cigar, cigarillo
or pipe;
(d) "officer" means a peace officer appointed pursuant to the Peace Officer
Act, Bylaw Officer, or RCMP officer;
(e) "public place" includes any place to which the public has access as of
right or by invitation, express or implied;
(f) "smoke" or "smoking" means:
(i) inhaling or exhaling the smoke produced by burning or heating
cannabis; or
(ii) holding or otherwise having control of any device or thing
containing lit or heated cannabis;
(g) "vape" or "vaping" means:
(i) inhaling or exhaling the vapor, emissions or aerosol produced by
an electronic smoking device or similar device containing
cannabis, or
(ii) holding or otherwise having control if an electronic smoking device
that is producing vapor, emissions or aerosol from cannabis.
2. Interpretation:
(a) All schedules attached to this Bylaw form part of this Bylaw.
(b) Headings or sub -headings are inserted for ease of reference and guidance
purposes only and do not form part of this Bylaw.
(c) 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 substituted in its
place.
(d) Each provision of this Bylaw 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.
(e) Nothing in this Bylaw relives 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.
Bylaw No. 1771, CANNABIS CONSUMPTION BYLAW Page 3 of 5
PROHIBITION
3. A person must not smoke, vape or consume cannabis in any public place.
MEDICAL CANNABIS
4. (1) A person who is entitled to possess cannabis pursuant to a medical treatment
issued pursuant to the Access to Cannabis for Medical Purposes Regulations,
S. 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.
OFFENCES
& 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.
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
Procedure Act or from issuing a written or verbal warning instead of 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.
COMING INTO FORCE
8. This Bylaw comes into force on the day the Cannabis Act comes into force.
Bylaw No. 1771, CANNABIS CONSUMPTION BYLAW Page 4 of 5
READ a first time on July 17, 2018
READ a second time on September 25, 2018
READ a third time and final time on September 25, 2018
r
Reeve
f Jerry Wi tstock
ChiIstive Officer
Chi
Al Hoggan
OCf
Date Bylaw Signed
Bylaw No. 1771, CANNABIS CONSUMPTION BYLAW
SCHEDULE A
PENALTIES
Section Description of Offence
Page 5 of 5
Minimum Penalty
Specified
Penalty
3 Smoke, nape, or consume cannabis in $50 $250
public place