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TOWN OF CANMORE
BYLAW NUMBER 19-2010
PROVINCE OF ALBERTA
BEING A BYLAW OF THE TOWN OF CANMORE, IN THE PROVINCE OF ALBERTA
FOR THE PURPOSE OF REGULATING SMOKING IN HOTEL ROOMS.
WHEREAS Health officials have determined that second hand tobacco smoke (exhaled
smoke and the smoke from idling cigarettes, cigars and pipes) is a health hazard or discomfort
for many persons;
AND WHEREAS The Council of the Town of Canmore deems it appropriate to limit the
effects of second hand tobacco smoke for residents and visitors to the Town of Canmore;
AND WHEREAS The Tobacco Reduction Act, 2005 Chapter T-3.8, does not affect a
municipality's powers to make bylaws to regulate, restrict or prohibit smoking;
AND WHEREAS In accordance with the Municipal Government Act, R.S.A. 2000 Chapter
M-26 as amended, Council has the authority to pass bylaws respecting:
(a) the safety, health and welfare of people and the protection of people and
property;
(b) people, activities and things in, on or near a public place or place that is open
to the public;
(c) businesses, business activities and persons engaged in business;
NOW THEREFORE The Municipal Council for the Town of Canmore in the Province of
Alberta, duly assembled; hereby enacts as follows:
TITLE
1. This Bylaw shall be known as the "Smoking Control Bylaw"
DEFINITIONS
2. In this Bylaw:
a) "Hotel" includes an inn, a guesthouse, a hostel and a bed-and-breakfast facility;
b)"Manager" mean an employer or other person who, directly or indirectly,
controls, directs or is responsible for a Hotel or who controls activities in the
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Hotel;
c) "Peace Officer" means any member of the Royal Canadian Mounted Police, a
Bylaw Enforcement Officer or Community Peace Officer of the Town;
d) "Smoke" means to smoke, hold or otherwise have control over a lit tobacco
product;
e) "Tobacco Product" means a product composed in whole or in part of tobacco,
including tobacco leaves and any extract of tobacco leaves, but does not
include nicotine replacement therapy;
f) "Town" means the Town of Canmore.
g) "Violation Ticket" has the same meaning as in the Provincial Offences
Procedures Act
SMOKING PROHIBITED
3. No person shall smoke in a Hotel.
DUTIES OF MANAGERS
4. The Manager of a Hotel must not permit a person to smoke in a Hotel.
OFFENCES AND ENFORCEMENT
5. A person who contravenes Section 3 of this bylaw is guilty of an offence and is liable to a
minimum specified fine of $250.00.
6. A person who contravenes Section 4 of this bylaw is guilty of an offence and is liable to a
minimum specified fine of $500.00.
7. A person who is guilty of an offence is liable to a fine in an amount not less than that
established in this section and not exceeding $2500.00.
8. Where a contravention of this Bylaw is of a continuing nature, further violation tickets may
be issued by a Peace Officer provided however, that no more than one violation ticket shall
be issued for each day that the contravention continues.
9. Notwithstanding anything contained herein to the contrary, a Peace Officer is hereby
authorized and empowered to issue a violation ticket pursuant to the Provincial Offences
Procedure Act, as amended, to any person who the Peace Officer has reasonable grounds to
believe has contravened any provision of this Bylaw.
REPEAL
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10. Bylaw 23-2006 and Bylaw 26-2007 are hereby repealed.
EFFECTIVE DATE
11. This Bylaw comes in to force and takes effect upon third and final reading of the bylaw.
FIRST READING:
May 25, 2010
SECOND READING:
May 25, 2010
THIRD READING:
May 25, 2010
Original signed
MAYOR
Original signed
MUNICIPAL CLERK