Smoking Bylaw Recap Original bylaw passed in 2003 Alberta - - PowerPoint PPT Presentation

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Smoking Bylaw Recap Original bylaw passed in 2003 Alberta - - PowerPoint PPT Presentation

Feb 25, 2023 394 likes •499 views

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

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SLIDE 1

Smoking Bylaw

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SLIDE 2

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
  • f Indigenous ceremonies, vaping, public opinion, etc.
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SLIDE 3

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.

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SLIDE 4

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.

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SLIDE 5

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)
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SLIDE 6

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.

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SLIDE 7

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.
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SLIDE 8

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
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SLIDE 9

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

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SLIDE 10

Questions?