Smoking Bylaw
Recap Original bylaw passed in 2003 • Alberta Tobacco and Smoking Reduction Act passed in 2005 • Cannabis legalization forced a knee jerk review initially • Initial amendment to smoking bylaw • Federal Government announced Oct 17 legalization date • Many municipalities taking time to review smoking in • connection to Cannabis Many other changes beyond cannabis including recognition • of Indigenous ceremonies, vaping, public opinion, etc.
Provincial Regulations Tobacco and Smoking Reduction Act • Municipal powers: • Municipal by-laws 10 (1) Nothing in this Act affects a municipality’s power to make bylaws to regulate, restrict or prohibit smoking. (2) Where there is a conflict between a provision of this Act and a provision of a municipal bylaw that regulates, restricts, or prohibits smoking, the more restrictive provision prevails.
Bylaw Changes Cannabis Original smoking bylaw amendment had a cannabis • exemption – thought to clarify between two bylaws. Administration still believes in two separate bylaws which • will aid in dealing with future cannabis changes such as edibles. Exemption now removed which will allow easier • enforcement in all areas identified in smoking bylaw. ES and RCMP can choose either Cannabis • Consumption Bylaw or Smoking Bylaw for areas identified in Smoking Bylaw and Cannabis Consumption Bylaw for all other areas.
Bylaw Changes cont’d Definitions Public Place updated • Added Athletic Field and Facility • Added Dog Park/Off Leash • Added Electronic Smoking Device • Added Electronic Cigarette Retailer • Added Picnic Site • Added Playground • Added Public Vehicle (account for more than just taxi’s) • Added Smudging • Added Spray Park • Added Transit Property • Added Work Vehicle • Removed Bar, Bingo Hall, Lounge/Lobby (align with Act) •
Bylaw Changes cont’d Updates to Align with Act Removed places such as bars, bingo halls, workplaces, pool hall, • etc. as these are no longer allowed provincially. Council had indicated as such during the original bylaw presentation and asked for administration to review and update where necessary. Left Home Based Business in the bylaw. • Updated “Private Club” – more clearly defined to align with City • and Provincial regulations.
Bylaw Changes cont’d Municipal Changes Prohibition section updated • Cleaned it up • More detail • Reduced each section having offence statements and generalized • it to “any contravention of the bylaw” is guilty of…. Updated section/exemption on “Traditional Aboriginal Spiritual or Cultural • Practices”. Added E-cigarettes regulations. • No smoking at a City initiated event (this is a change…currently there are • designated smoking areas such as for Canada Day). Added permit requirement for other events. • Cleaned up signage requirements to align with Act. • Added section on prosecutions to assist CPO’s with enforcement. • Enforcement and offences sections were updated. •
Bylaw Changes cont’d Other Considerations Administration looked at whether to restrict smoking in the • Heritage Trail system. Impact on users/animals • Perception of fire risk • Enforcement challenges • Variety of the trail system (along roadways, in forest, • adjacent or similar to sidewalks) Increasing from 5 m to 10 m •
Additional Information Action on Smoking and Health (ASH) & AHS Pushing for and working with municipalities on complete ban of smoking (all • substances). Concern over legalization of cannabis “normalizing smoking”. • Spruce Grove’s complete restriction on public cannabis consumption and • updated smoking restrictions limiting further public use aligns with best practices, public opinion, and AHS mandates/programs. Comparison to Wood Buffalo Declared a “smoke free community” by a coalition of major provincial • health and recreation organizations with the passage of a new bylaw. Spruce Grove has very similar restrictions in regards to smoking and vaping • in public places. 10 m vs. 5 m difference • Open Space Bylaw changes
Questions?
Recommend
More recommend
