Cannabis Bylaw 712


TOWN OF WEMBLEY
BYLAW 712

A Bylaw of the Town of Wembley in the Province of Alberta to restrict the consumption of cannabis in
public places.

WHEREAS pursuant to Section 7(a) of the Municipal Government Act. R.S.A. 2000, cM-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 property;

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 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 and Substances Act5, the Criminal Code and
other Acts, 1 st Sess, 42 nd Parl, 2017) which will permit persons to possess cannabis if purchased from an
authorized person;

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 smoking or vaping cannabis in public places;

AND WHEREAS the Council deems it necessary to impose additional restrictions on the smoking, vaping
and other forms of consumption of cannabis in public place to prevent behaviours and conduct that may
have a negative impact on the enjoyment of public places.

NOW THEREFORE, the Council of the Town of Wembley enacts as follows:

SHORT TITLE
1. This Bylaw may be cited as the “Cannabis Consumption Bylaw”.

DEFINITIONS AND INTERPRETATION
2. (1) In this Bylaw:
a) “Cannabis” has the meaning given to it 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, 1 st Sess, 42 nd Parl, 2017;
c) “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 limited t
an electronic cigarette, cigar cigarillo or pipe;
d) “Peace Officer” means a member of the Royal Canadian Mounted Police, a Peace Officer
appointed pursuant to the Alberta Peace Officer Act, or a Bylaw Enforcement Officer
appointed by the Town;
e) “Public Place” include 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) “Use” where used as a verb in respect of cannabis includes smoke, vape apply, inhale and
consume.
h) “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.

(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) 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. (1) A person must not Use Cannabis in any Public Place.
(2) No Person shall Use Cannabis in such a manner to harass, annoy, molest, impede or otherwise
interfere with any other Person.

MEDICAL CANNABIS
4. (1) A person who is entitled to possess Cannabis pursuant to a medical document 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 a Peace Officer, produce a copy of the
person’s medical document.
(3) A person referred to in subsection (1) is subject to Smoking and Vaping restrictions under the
Alberta Tobacco and Smoking Reduction Act and the Alberta Gaming, Liquor and Cannabis Act.

OFFENCES
5. 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 a Peace Officer believes that a person has contravened any provision of this Bylaw, the
Peace 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 a Peace 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.

SERVABILITY
8. Each Section of this Bylaw shall be read and construed as being separate and severable
from each other Section. Furthermore, should any Section or Part of this Bylaw be found to have
been improperly enacted for any reason, then such Section or Part shall be regarded as being
severable from the rest of the Bylaw and the Bylaw remaining after such severance shall be effective
and enforceable.

EXERCISE OF DISCRETION
9. The Town has the discretion to enforce this Bylaw, and is not liable of any outcomes should a Peace
Officer not decide to enforce this Bylaw if acting in good faith.

COMING INTO FORCE
10. This bylaw comes into force on the day the Cannabis Act comes into force.

Read a First time this 10 th day of September, A.D. 2018

 

SCHEDULE “A”

BYLAW 712 – CANNABIS CONSUMPTION BYLAW

SectionDescription of OffenceSpecified Penalty
3 Use Cannabis in a Public Place $100.00
4 Use Cannabis to harass, annoy,
molest, impede, or otherwise
interfere with any other Person
$250.00
5 (2) Fail to produce Cannabis medical
document on demand
$100.00
5 (3) Medical Cannabis user use
Cannabis in prohibited place
$100.00