This is the exact embedded text of the captured official document.
Snapshot cf9b4bc9af7f · verified 2026-09-27 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
BYLAW NO. 22-2018
A BYLAW OF THE CITY OF LLOYDMINSTER IN THE
PROVINCES OF ALBERTA AND SASKATCHEWAN TO
PROHIBIT SMOKING IN PUBLIC PLAC
WHEREAS the Council of the City of Lloydminster deems it necessary to establish a Bylaw to deal with:
the safety, health and welfare of people and the protection of people and property;
AND WHEREAS, the Lloydminster Charter, provides authority to City Council to pass bylaws for
municipal purposes;
AND WHEREAS the Lloydminster Charter provides authority to the City to pass bylaws respecting the
enforcement of bylaws.
NOW THEREFORE the Council of the City of Lloydminster deems it necessary to establish a Bylaw to
prohibit smoking in Public Places; and
NOW THEREFORE, the Council of the City of Lloydminster, pursuant to the authority granted in the
Lloydminster Charter, enacts as follows:
1.
SHORT TITLE
1.1
This Bylaw shall be cited as the Smoking Bylaw
2.
DEFINITIONS
2.1.
The definitions listed in Schedule "A" attached to this Bylaw shall apply, unless the context
otherwise requires.
3.
APPOINTMENT, AUTHORITY AND DUTIES OF THE CITY MANAGER
3.1. Except where specific authority is reserved to Council, in the Bylaw the administration and
enforcement of this Bylaw is hereby delegated to the City Manager.
3.2. Without restricting any other power, duty or function granted by this Bylaw, the City
Manager may carry out anything required for the administration of this Bylaw, including but
not limited to the following:
3.2.1.
delegate any powers, duties or functions under this Bylaw to an employee of the City,
including a Designated Officer;
3.2.2.
carry out any inspections that are reasonably required to determine compliance with
this Bylaw;
3.2.3.
establish any forms required for the administration of this Bylaw.
4.
SMOKING IN PUBLIC PLACES
4.1.
No Person shall Smoke or Vape in a Public Place, a Commercial Building, or a Commercial
Vehicle.
4.2.
No Person shall Smoke or Vape in a vehicle at any time there is one or more Persons under
the age of 18 in the vehicle.
4.3.
No Person shall Smoke or Vape within five (5) metres from a doorway, window or air intake
of a building or patio provided however that nothing in this provision prohibits a Person from
smoking within five metres from a doorway, window or air intake of a building designed,
intended and used exclusively as a private residence.
4.4.
Notwithstanding any other provision of this Bylaw, no Person shall Smoke or Vape Cannabis
on any sidewalk or in any vehicle.
5.
SMOKING AREAS
5.1.
Notwithstanding any provision within this Bylaw, a designated smoking area for Tobacco,
may be established within a Public Place as long as:
5.1.1.
it is not placed within 5 meters of the doorway, window or air intake of a building or
shelter;
5.1.2.
it complies with all applicable provincial legislation; and
5.1.3.
access to any Person under the age of 18 is prohibited.
6.
PENALTIES
6.1.
Any Person who contravenes this Bylaw is guilty of an offence.
6.2.
Persons having contravened certain sections of this Bylaw shall be liable for the penalties set
out in such section or set out in Schedule "B" hereto.
6.3.
A Bylaw Enforcement Officer or Designated Officer may issue a notice or form commonly
called a Notice of Violation, having printed wording approved by the City Manager, to any
Person who has contravened any provision of this Bylaw. The Notice of Violation shall
require payment to the City of Lloydminster in the amount specified in Schedule "A" to this
Bylaw within a stated period and if the amount is paid the Person will not be prosecuted for
the contravention.
6.4.
Nothing in this Bylaw shall prevent or restrict the issuance of a Violation Ticket pursuant to
the Provincial Offences Procedure Act (Alberta) or Summons Ticket or Offence Notice Ticket
pursuant to the Summary Offences Procedure Act 1990 (Saskatchewan) to a Person who has
contravened any provision of this Bylaw and the specified penalty for this purpose shall be
the amount specified in Schedule "A" to this Bylaw.
6.5.
A Summary Offence Ticket or a Violation Ticket shall be deemed to be sufficiently served:
6.5.1.
if served Personally on the accused; or
6.5.2.
if mailed to the address of the Owner or Person accused by regular mail.
7.
NUMBER AND GENDER REFERENCES
7.1.
All references in this Bylaw will be read with such changes in number and gender as may be
appropriate according to whether the reference is to a male or female Person, or a
corporation or partnership.
8.
SEVERABILITY
8.1.
Every provision of this Bylaw is independent of all other provisions and if any provision of
this Bylaw is declared invalid for any reason by a court of competent jurisdiction, all other
provisions of this Bylaw shall remain valid and enforceable.
This Bylaw shall come into force and effect upon the final passing thereof.
The following bylaws and all amendments thereto are hereby repealed:
Bylaw 01-2018 (Smoking Bylaw)
INTRODUCED AND READ a first time this 20 day of August, 2018, A.D.
.1*
READ a second time this 20 day of August, 2018, A.D.
READ a third time this 20 day of August, 2018, A.D,
Date signed
Date signed
AUB 212018
AUG21 2018
SCHEDULE "A" ATtACHED TO
BYLAW NO. 22-2018
Definitions
Cannabis
Means cannabis plant, fresh cannabis, dried cannabis,
cannabis oil and cannabis plant seeds and any other
substance defined as cannabis in the Cannabis Act
(Canada) and its regulations, as amended from time to time
and includes edible products that contain cannabis.
Charter
Means the Lloydminster Charter.
City
Means the City of Lloydminster and the area contained
within the corporate boundaries of the City.
City Manager
Means the Commissioner of the City of Lloydminster as
appointed by Council or designate.
Council
Means the Municipal Council of the City of Lloydminster.
Commercial Building
Any building used for a purpose other than a residential
building, including any building developed for industrial or
public purposes.
Commercial Vehicle
Any vehicle licensed as such in the Province of
Saskatchewan or Alberta and shall include any vehicle used
for public transportation such as, but not limited to, a bus,
taxi or a vehicle for hire.
Person
Means any individual, a group of individuals, a corporation,
firm, partnership, proprietorship, association, society or co
operative organization.
Public Place
Means any place, whether publically or private owned, to
which members of the public have access, as of right or by
express or implied invitation, whether on payment of any
fee or not and shall include, but is not limited to,
playgrounds, parks, public buildings, the common areas of a
multi-unit residential facility, Commercial Building and any
other place where smoking is prohibited under any law of
the Province of Alberta or the Province of Saskatchewan.
This does not include sidewalks.
Smoke
Means to inhale, exhale, burn have or otherwise have
control over an ignited cigarette, cigar, pipe, hookah pipe,
or any other implement designed to burn or heat Tobacco,
Cannabis or any other substance for the purpose of inhaling
or tasting its Smoke or emissions.
Tobacco
A product composed in whole or in part of Tobacco,
including Tobacco leaves and any extract of Tobacco leaves,
but does not include any product for use in nicotine
replacement therapy.
Vape
The use of an electronic cigarette, vaporizer, or any similar
device containing Tobacco, Cannabis or any other substance
which emits vapour, emissions or aerosol.
)
sfr-T
4
SCHEDULE "B" ATTACHED TO
BYLAW NO. 22-2018
Penalties
OFFENCE
SECTION
FINE
Smoking or Vaping in a Public Place
4.1
$500.00
Smoking or Vaping in a Commercial Vehicle
4.1
$500.00
Smoking or Vaping in a Private vehicle when Persons
4.2
$1000.00
under the age of 18 are present
Smoking or Vaping within 5 metres of a doorway
4.3
5300.00