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RFD- 3334 Bylaws   Item #   9. e.    
Regular Council Meeting Agenda
Meeting Date: 06/25/2018  
Title:    C-1047-18 - First and Second Reading - Consumption of Cannabis in Public Places Bylaw - Wolanski
Department: Community & Protective Services  
Strategic Vision Element: Where People Choose to Live - A dynamic city with an exceptional quality of life Related Goal: Citizens consistently express high levels of satisfaction with municipal services.

Information
Request for Decision Summary
The purpose of this report is to seek Council's support for first and second reading of Bylaw C-1047-18, which proposes regulations related to cannabis consumption in public.
 
Proposed Motion
 
That first reading be given to Bylaw C-1047-18 - Cannabis Consumption in Public Places Bylaw.
 
 
That second reading be given to Bylaw C-1047-18 - Cannabis Consumption in Public Places Bylaw.

Background/Analysis
Bill 26: An Act to Control and Regulate Cannabis was passed by the Alberta Legislature in November 2017 and received royal assent in December 2017.  This legislation gives the AGLC authority for oversight, compliance, retail licensing, enable online sales, and create restrictions on youth possession and public consumption. 

On February 16, 2018, the province released the implementing regulations, which include details regarding minimum locational criteria for Cannabis storefront retail as well as operational requirements of individual businesses.

The location criteria for storefront retail and operational requirements for individual businesses is being addressed through the City's Land Use Bylaw.  The City's planning department made a presentation to Council with proposed recommendations in March of this year with first reading of bylaw changes presented in April.  A public survey was introduced by the City and a public hearing and subsequent readings of the Land Use Bylaw changes took place in May.  The Bylaw received third reading on June 11, 2018.

Federal regulations are relatively silent on public consumption.  Provincially, the GOA has set the following:
  • Albertans can consume cannabis in their homes and in some public spaces where smoking tobacco is allowed.
  • Use is banned in vehicles.
  • Smoking or vaping will be prohibited from any place tobacco is restricted as well as the following places
  • On any hospital, school property, or child care facility property
  • In or within a prescribed distance from:
  • A playground
  • Sports or playing field
  • A skateboard or bicycle park
  • A zoo
  • Outdoor theatre
  • Outdoor pool or splash pad
  • From any motor vehicles, with the exception of those being used as temporary residences, such as a parked RV
  • There will be no public consumption of cannabis at any cannabis retail outlets
  • Legislation will establish provincial offences for public consumption
In addition to these regulations the GOA has stated that municipalities can create additional restrictions on public consumption using their existing authorities.

On May 22, 2018 Administration recommended, and received input from Council, that the City adopt regulations that exceed GOA regulations, City bylaws, and are similar to the GOA regulations on alcohol consumption.

 
Options/Alternatives
N/A
Consultation/Engagement
Several municipalities were contacted.  Internally, administration collaborated with a variety of departments including Public Works, Enforcement Services, Recreation, FCSS, RCMP, and Planning.  Other stakeholders were also contacted in addition to the public survey conducted.
Implementation/Communication
Following Council feedback administration, in conjunction with the City's legal advisors, drafted a bylaw for Council consideration.  Other City bylaws that require amendments in order for consistency are being brought forward concurrently.  A public consumption bylaw does not have a legislated requirement for a public hearing.  At the same time, administration will work with our enforcement teams and Corporate Communications to provide information to the public on the City's regulations.
Impacts
Obvious impacts in and around enforcement of the public consumption bylaw.  A big component of the regulations will be in educating the public and responding to complaints.  The greatest impacts will be seen by our Enforcement Services department, the RCMP, and communications.
Attachments
Bylaw C-1047-18 Consumption of Cannabis in Public Places

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