Loading...
1930-18 Cannabis Consumption COUNTY OF NEWELL BYLAW NO. 1930-18 CANNABIS CONSUMPTION A BYLAW OF THE COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA TO REGULATE THE CONSUMPTION OF CANNABIS WHEREAS the Government of Canada has passed the Cannabis Act (Bill C‐45, an Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and stnd other Acts, 1 Session, 42 Parliament, 2017) which will permit persons to possess cannabis; and WHEREAS it is anticipated that the Cannabis Act will come into force in 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 the provisions of the Municipal Government Act (MGA), Revised Statutes of Alberta 2000, Chapter M‐26 and amendments thereto, Council may pass a bylaw for municipal purposes respecting the safety, health and welfare of people and the protection of people and property, people activities and things in, on or near a public place or place that is open to the public; and WHEREAS Council deems it prudent to impose additional restrictions on the smoking, vaping and other forms of consumption of cannabis in public places to prevent behaviours and conduct that may have a negative impact on the enjoyment of public places; NOW THEREFORE the Council of the County of Newell enacts as follows: 1. SHORT TITLE This Bylaw may be known as the “Cannabis Consumption Bylaw” 2. DEFINITIONS In this Bylaw, unless the context otherwise requires: a. “cannabis” has the same meaning as defined in the Cannabis Act; b. “Cannabis Act” means bill C‐45, an Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts; c. “Chief Administrative Officer (CAO)” means the person appointed to the position of Chief Administrative Officer for the County of Newell by Council within the meaning of the MGA; d. “Council” means the Municipal Council of the County of Newell duly elected under the Local Authorities Election Act; Bylaw 1930-18 Cannabis Consumption e. “County” means the County of Newell f. “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; g. “Peace Officer” means: i. a member of the Royal Canadian Mounted Police; ii. a Community Peace Officer as appointed by the Solicitor General of Alberta; or iii. a Bylaw Enforcement Officer as appointed by the County to enforce bylaws of the County; h. “Public Place” means any place to which the public has access as of right or invitation, express or implied; i. “Smoke” or “smoking” means: i. inhaling or exhaling the smoke produced by burning cannabis; or ii. holding or otherwise have control of any device or thing containing lit cannabis; j. “vape” or “vaping” means: i. inhaling or exhaling the vapour, emissions or aerosol produced by an electronic smoking device or similar device containing cannabis; or ii. holding or otherwise having control of an electronic smoking device that is producing vapour, emissions or aerosol from cannabis; k. “violation tag” means a notice or tag in the form as approved by the CAO, issued by the County, allowing a voluntary payment option of a fine established under this Bylaw; l. “violation ticket” means a ticket issued pursuant to Part 2 of the Provincial Offences Procedures Act, Revised Statutes of Alberta 2000, Chapter P‐34 and any amendments or regulations thereto. 3. PROHIBITION a. No person shall smoke, vape, or consume cannabis in any public place within the County. 4. EXEMPTION FOR MEDICAL CANNABIS a. Any person who is authorized to possess cannabis as per a medical document issued pursuant to the Access to Cannabis for Medical Purposes Regulation, SOR/2016‐230 and amendments thereto, must on demand of a Peace Officer, produce a copy of such person’s medical document. 5. PENALTIES AND ENFORCEMENT a. Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable on summary conviction to a fine of not more than Ten thousand ($10,000) Dollars. 2 Bylaw 1930-18 Cannabis Consumption b. Where there is a specified penalty listed for an offence in Schedule “A” to this Bylaw, that amount is the minimum specified penalty for the offence. c. In the case of an offense that is of a continuing nature, a contravention constitutes a separate offense in respect of each day on which it continues. d. The levying and payment of any fine provided in this Bylaw shall not relieve a person from the necessity of paying any fees, charges or costs from which that person is liable under the provisions of this Bylaw and any other Bylaw. e. Any Peace Officer who has reasonable and probable grounds to believe that any person has contravened any provision of this Bylaw may issue and serve: i. a violation tag, allowing a payment of the specified penalty to the County; or ii. a violation ticket allowing payment according to the provisions of the Provincial Offences Act, Revised Statutes of Alberta 2000, Chapter P‐ 34 and amendments thereto. f. Service of a violation tag will be sufficient if it is: i. personally served; or ii. served by regular mail to the person’s last known mailing address. g. If a violation ticket is issued in respect to an offence, the violation ticket may: i. specify the fine amount established by this Bylaw for the offence; or ii. require the person to appear in Court without the alternative of making a voluntary payment. h. A person who commits an offence may; i. if a violation ticket is issued in respect of the offence; or ii. if the violation ticket specified the fine amount established by this Bylaw for the offence; make a voluntary payment equal to the specified fine by delivering the violation ticket and the specified fine to the Provincial Courthouse specified on the violation ticket. 6. GENERAL a. Any person who contravenes any provision of this Bylaw by: i. doing any act or thing which the person is prohibited from doing; or ii. failing to do any act or thing the person is required to do; is guilty of an offence and any offence created pursuant to this Bylaw is a strict liability offence for the purposes of prosecution under this Bylaw. b. Nothing in this Bylaw relieves a person from complying with any provision of any federal or provincial law or regulation, other Bylaw, or any requirement of any lawful permit, order or license. c. Words in the singular include the plural and words in the plural include the singular. d. This Bylaw is gender‐neutral and, accordingly, any reference to one gender includes the other. 3 Bylaw 1930-18 Cannabis Consumption Bylaw 1930-18 Schedule “A” Section Offence Penalty Penalty Penalty stndrd 1 Offence 2 Offence 3 or subsequent Offences 3(a) Consume Cannabis in $125.00 $250.00 $500.00 a public place 5