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BYLAW NO.1959/2023
TOWN OF REDCLIFF
A BYLAW OF THE TOWN OF REDCLIFF, lN THE PROVINCE OF ALBERTA, TO REGULATE
PUBLIC PLACES AND WORKPLACES WITHIN THE TOWN OF REDCLIFF TO BE SMOKE-
FREE.
WHEREAS pursuant to the Municipal Government Act, R.S.A. 2000, Chapter M-26, Council may
pass a Bylaw respecting the safety, health and welfare of people, and the protection of people and
property, and for purposes respecting nuisances.
AND WHEREAS it has been determined second-hand smoke produced from tobacco
consumption, cannabis consumption, vaping, and other similar activities can be a nuisance and is
a health hazard for inhabitants of the Town of Redcliff.
AND WHEREAS the Council of the Town of Redcliff, duly assembled, deem it is in the best interest
of promoting the health, safety, and welfare of the public to regulate the locations where vaping
and the smoking of tobacco, cannabis, and related substances can occur within the municipal
corporate limits.
NOW THEREFORE, the Council of the Town of Redcliff in open meeting assembled, enacts as
follows:
PART 1
SHORT TITLE & DEFINITIONS
SHORT TITLE
(1) This Bylaw may be cited as the "Smoke-Free Bylaw".
DEFINITIONS
(2) The following Acts and Regulations are referenced in this Bylaw and are referred to in this
Bylaw by their short title as listed below:
Act or Regulation
Short Title
Controlled Drugs and Substances Act, R.S.C.1996,
Controlled Drugs and
Chapter 19, and its regulations, as amended or`
Substances Act
replaced
Provincial Offences Procedure Act, R.S.A. 2000
Provincial Offences
Chapter P-34, and its regulations, as amended or
Procedure Act
replaced
Alberta Gaming, Liquor and Cannabis Act, R.S.A
Gaming, Liquor and
2000, Chapter G-1, and its regulations, as amended Cannabis Act
or replaced
rty ffi
Bylaw No.1959/2023 -Smoke-Free Bylaw
Page 2 Of 10
Alberta Tobacco, Smoking and Vaping Reduction
Act, R.S.A. 2005, Chapter T-3.8, and its regulations,
as amended or replaced
Alberta Tobacco,
Smoking and Vaping
Reduction Act
DEFINITIONS
(3) Any word or expression that is specifically defined in the Acts and Regulations listed in
Section (2) are adopted for the purposes of the interpretation and application of this Bylaw
and have the same meaning under this Bylaw as defined in those statutes, unless
otherwise specifically defined differently in this Bylaw or unless the context necessarily
implies a different meaning.
(4) ln this Bylaw:
(a) BYLAW ENFORCEMENT OFFICER means a person appointed by council as a
Bylaw Enforcement Officer for the Town or their designate;
(b) CAMPGROUND means any area designated by council as a site intended for use
by camping accommedation units on a temporary basis.
(c) CANNABIs has the same meaning as in the controlled Drugs and substances Act.
(d) CAo means the person appointed to the position of chief Administrative officer for
the Town, by Council, within the meaning of the Mum/.c/.pa/ Govemmenf Act of
Alberta.
(e) COMMON ACCESS DOOR means a building access and or egress doorthat may
be used by the public or workers to access a Public Place or Workplace.
(f) COUNCIL means the Mayor and councillors of the Town of Redcliff duly elected
pursuant to the prcN.istions Of the Local Authorities Election Act Of Alberia.
(g) DESIGNATED SMOKING/ VAPING AREA means a specified area where
Smoking/ Vaping is permitted, and which Minors are not permitted to enter.
(h) DISPOSE means the dumping, discharging, throwing, dropping, discarding,
abandoning, spilling, leaking, pumping, pouring, emitting, or emptying of any
substance or material.
(i) HOTEL means an overnight accommodation facility, including an inn, guesthouse or
bed and breakfast.
0) LICENSED PREMISEs means licensed premises as defined under the Gaming,
Liquor and Cannabis Act, including an outdoor eating, or drinking area that is part of
or operated in conjunction with the premises.
(k) MINOR means a person underthe age of 18 years.
(I) MUNICIPAL BUILDING means any of the buildings owned, leased, operated, or
occupied by the Town.
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(in) PARKAND RECREATIONALAREA means any indoororoutdoorspace
controlled, developed, or designated by the Town to be used for rest, recreation,
exercise, pleasure, amusement, or enjoyment, including a public park, playground,
sports field, campground common area, recreational area, pool, arena, skate or
bicycle park, ice rink, water playground, court, or pathway in the trail system, but
excludes individual campsites.
(n) PEACE OFFICER means peace officer as defined in provincial offences
Procedure Act.
(o) PERSON means any corporation, firm, partnership, association, or registered
company, as well as a natural Person.
(p) PRIVATE RESIDENCE means a self-contained living premise for domestic use of
one or more persons and is provided with a separate private entrance from the
exterior of a building or from a common hall, lobby, or stairway. A Private
Residence also includes an individual campsite in a campground.
(i) a private Residence is a workplace if a home business is operated from the
residence only at the time when employees or patrons who do not live in the
residence are present; and
(ii) only that part ofa private Residence in which the business is operated is a
Workplace for the purposes of this Bylaw.
(q) PROPRIETOR means the owner, tenant, or occupant of a property or part of a
property or their agent or representative, and includes any Person in charge thereof
or any Person who controls, manages, governs or directs the activity carried on
therein.
(r) PUBLIC VEHICLE means transit buses, school buses, chartered buses, Town
vehicles, and taxis, except when the only person in the taxi is the taxi driver.
(s) PUBLIC PLACE means all or any part of a property, building, structure, or other
indoor or outdoor area to which members of the public have access as of right or by
express or implied invitation including:
(i) Common areas ofa multi-unit residential facility, including parks, patios, pools,
other recreation areas and enclosed parking garages;
(ii) An outdoor bus ortaxi shelter;
(iii) School buildings, grounds, and parking areas;
(iv) Licensed premises;
(v) Restaurants;
(vi) Outdoor areas of a Restaurant, such as a patio, where eating or consumption
of alcohol js permitted;
(vii) Hotels;
(viii) Park and Recreational Areas;
(ix) Libraries;
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Bylaw No.1959/2023 -Smoke-Free Bylaw Page 4 of 10
(x) Municipal Buildings;
(xi) Public entrances to multi-unit residential facilities, public buildings, Licensed
Premises, Restaurants, Hotels, Workplaces, and commercial buildings; and
(xij) A walkway, patio, or deck on the site of a Public place used by the public to
access the Public place;
but does not include a Private Residence, sidewalk, roadway, or street, or parking
lot.
(t) RESTAURANT means a place where food or beverages are prepared for
consumption on the premises.
(u) SMOKE OR SMOKING means to inhale, exhale, burn, smoke, vape, hold, or
otherwise have control over a lit or active cigarette, e-cigarette, vaporizer, cigar,
pipe, hookah pipe, or other lighted or heated device or apparatus designed to burn
or heat tobacco, cannabis, shisha, e-liquid, concentrate, dried herb, or any other
substance for the purpose of inhaling or tasting omissions; irrespective of whether
the Person is inhaling or exhaling the smoke or vapor emitted from it.
(v) TOBACCO PRODUCT means, subject to the regulations, a product composed in
whole or in part of tobacco, including tobacco leaves, any extract of tobacco leaves
and compressed tobacco, but does not include.
(i) Any solid, liquid orgas substance referred to in vaping product, or
(ii) any product for use in nicotine replacement therapy.
(w) TOWN means the municipal corporation of the Town ofRedcliff, orthe area
contained within the Town boundaries as the context requires.
(x) VAPE means to inhale or exhale the vapor produced by a vaping product.
(y) VAPING PRODUCT means, subject to the regulations,
(i) A product or device that contains a power source and heating element
intended for vaporizing a substance referred to in subclause (ii) for inhalation,
(ii) A solid, liquid orgas substance, whether or notthe solid, liquid orgas
substance contains nicotine, that is intended for use in a product or device
referred to in subclause (i) and that, on being heated, produces a vapor, but
does not include a controlled substance within the meaning of the Con fro//ed
Drugs and Subsfar}ces Act (Canada), cannabis as defined in the Cannab/'s Act
(Canada), compressed tobacco that is intended to be consumed by inhalation
through a device that heats the compressed tobacco, or a drug as defined in
the Food and Drugs Act (Canada).
(z) VIOLATION TAG means a notice ortag in such a form as may be prescribed from
time to time by the CAO, issued by the Town, allowing a voluntary payment option
of a fine established under this Bylaw directly to the Town.
(aa) VIOLATION TICKET means a summons by means ofa violationticket (Part2) or
an offence notice by means of a violation ticket (Part 3) in accordance with the
prow.istions Of the Provincial Offences Procedure Act Of Alberia.
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Bylaw No.1959/2023 -Smoke-Free Bylaw Page 5 of 10
(bb) WORKPLACE means all or any part of a property, building, structure or other
enclosed area in which employees perform the duties of their employment, whether
or not members of the public have access to the building, structure or area as of
right or by express or implied invitation, and includes reception areas, corridors,
lobbies, stain^/ells, elevators, escalators, eating areas, washrooms, lounges, storage
areas, laundry rooms, enclosed parking garages, walkways and decks on the site
used to access the Workplace, and work vehicles.
PART 2
REGULATIONS
SMOKING AND VAPING PROHIBITED
(5) No person shall smoke or vape in a:
(a) Public place;
(b) Public vehicle;
(c) vehicle with a Minor;
(d) Workplace; or
(e) \/\/ithin 5 metres (approximately 16 feet) of:
(i) The boundary ofa parkand Recreational Area; or
(ii) Any entrance, exit, doorway, openable window, or air intake of a public place
or Workplace.
(f) Any other place that is prescribed or otherwise described in the regulations.
Regardless of whether or not a "No Smoking" sign is posted or visible.
(6) No proprietor shall permit smoking in any place listed previously in section (5), whether or
not a "No Smoking" sign is posted or visible.
SMOKING AND VAPING PERMITTED
(7) Smoking and/ or vaping is permitted, unless otherwise stated in this Bylaw:
(a) ln a private Residence;
(b) Along a sidewalk, roadway, or street;
(c) ln a parking lot; and
(d) ln a Designated smoking/ Vaping Area.
Bylaw No.1959/2023 -Smoke-Free Bylaw Page 6 of 10
DESIGNATED SMOKING AND VAPING AREAS
(8) A proprietor, at their discretion, may apply for a Development permit to oreate a
Designated Smoking/ Vaping Area in a Public place or Workplace.
(9) A Designated smoking/ Vaping Area must:
(a) Be soreened from the view of the general public,
(b) Not be closed in by a roof or ceiling and walls that prevent natural air circulation;
(c) Be equipped with one or more doors which are kept closed except when actually in
use for ingress or egress;
(d) Be 5 metres (approximately 16 feet) from any common Access Door, openable
window, or air intake of a Public Place or Workplace; and
(e) Not include food or beverage service.
(f) Not have cleanup or trash removed while smoking is permitted.
(10) Notwithstanding sections (5)(e) and (9)(d), a Designated smoking/ Vaping Area may be
placed within 3 metres (approximately 10 feet) of a dcor provided that:
(a) The dcor is not a common Access Door to the public place orworkplace;
(b) Waming signs are posted on or adjacent to the door on the side that is away from
the Designated Smoking Area, that the door opens to a Designated Smoking/
Vaping Area;
(c) The door has a functioning automatic closer and is only open when the door is being
used for access and egress from the Designated Smoking/ Vaping Area; and
(d) The dcor is in an area that is at least 5 metres (approximately 16 feet) away where
Minors are permitted on the side of the door away from the Designated Smoking/
Vaping Area.
(11) No proprietor shall permit a Minor to enter a Designated smoking/Vaping Area.
SIGNAGE
(12) A proprietor shall ensure that signs indicating smoking is prohibited are conspicuously and
continuously posted, and clearly visible and legible to all persons entering the property.
(13) A proprietor ofa property or part ofa property in which smoking is permitted shall ensure
signs indicating a Designated Smoking/ Vaping Area are conspicuously and continuously
posted, and clearly visible and legible to all persons entering the property or part of the
property.
(14) Only a proprietor or a person acting underthe proprietor's instructions shall remove,
after, deface, conceal or destroy a sign that is posted or displayed under this Bylaw.
LITTERING
(15) No person shall Dispose oforallowthe Disposing of any preduct orsubstance, or partof
a product or substance, Smoked or used to Smoke, anywhere in the Town, other than in:
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Bylaw No.1959/2023 -Smoke-Free Bylaw
Page 7 of 10
(a) a garbage receptacle provided for the containment of litter for material that is not
burning, or
(b) ln a special receptacle provided for and marked for the receiving of burning
materials.
PART 3
0FFENCES, ENFORCEMENT & PENALTIES
OFFENCES
(16) Any person who breaches or contravenes any provision of this Bylaw is guilty of an
offence.
VIOLATION TAGS. PENALTIES AND ENFORCEMENT
(17) No person shall willfully obstruct, hinder, or interfere with a peace officer or any other
Person authorized to enforce and engaged in in the enforcement of the provisions of this
Bylaw.
(18) A person who is found guilty of an offence underthis Bylaw is liableto pay afine of not less
than the specified penalty for that offence and not more than two thousand dollars
($2,000.00) or, in default of payment of a fine, to imprisonment for a peried not more than
six (6) months.
(19) Where a peace officer believes on reasonable and probable grounds that an offence has
taken place consisting of a breach or contravention of this Bylaw, the Peace Officer may
commence proceedings against a Person by issuing a Violation Ticket in accordance with
the prcN.isjions Of the Provincial Offences Procedure Act Of Alberta.
(20) If a violation Ticket is issued pursuant to this Bylaw that an offence has taken place
consisting of a breach or contravention of this Bylaw, the Vlolation Ticket may provide for
a specified penalty, which specified penalty shall be the amount set out in Schedule "A" of
this Bylaw in the case of any offence listed in that Schedule "A" of this Bylaw.
(21) \/Vhere a peace officer believes on reasonable and probable grounds that an offence has
taken place consisting of a breach or contravention of this Bylaw, the Peace Officer may
serve upon a Person a Violation Tag.
(22) If a violation Tag is issued pursuant to this Bylawthat an offence has taken place
consisting of a breach or contravention of this Bylaw, the Vlolation Tag shall provide for an
amount of money that the Town will accept as payment for the alleged offence, which
amount of money shall be the specified penarty set out in Schedule "A" of this Bylaw.
(23) Service of any violation Tag underthis Bylaw on a person shall be sufficient if the
Violation Tag is:
(a) Personally served; or
(b) Served by registered mail.
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1959/2023 - Smoke-Free Bylaw
Bylaw NO.
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(24) Upon issuance and service ofa violation Tag underthis Bylaw to a person, the amount of
money the Town will accept as payment for the alleged offence shall be the amount of
money set out in Violation Tag and upon payment of that amount of money to a Person
authorized by the CAO to receive that payment there shall be issued an official receipt
therefor by the Town and the payment shall be accepted in lieu of commencing
proceedings for the alleged offence.
(25) Nothing in this Bylaw shall be read orconstrued as:
(a) Preventing any person for exercising that person's right to defend an allegation that
the Person has committed an offence under this Bylaw; or
Preventing any Peace Officer from issuing a summons by means of a Violation
Ticket (Part 2) or an offence notice by means of a Violation Ticket (Part 3) in
accordance with the provisions of the Prov/.nc/.a/ Offences Procedure Act of
A/berfa or otherwise initiating court process in any manner permitted by law in
respect of an alleged offence for which a Violation Tag may be issued,
including, but not limited to, for alleged offences under this Bylaw where a
Violation Tag has already been issued to a Person, but that Person has not
paid the amount set out in the Violation Tag to the Person authorized by the
CAO to receive that payment. SEVERABILITY
(26) Each separate provision of this Bylaw shall be deemed to be independent of all other
provisions and if any provision of this Bylaw is deemed or declared to be invalid by a Court
of competent jurisdiction, then all other provisions of this Bylaw shall remain valid and
enforceable.
(27) When there is a conflict between a provision of this Bylaw and the Alberta Tobacco,
Smoking and Vaping Reduction Act, the more restrictive provision prevails.
(28) lt is the intention ofcouncil that if any portion of this Bylaw be declared invalid by a court of
competent jurisdiction, then the invalid portion must be severed and the remainder of this
Bylaw shall remain valid and enforceable.
(29) lfany provision of the Bylaw provides for an exception or an exemption, the onus or burden
of establishing the exception or exemption in any Court proceedings shall be on the person
charged with the offence under the Bylaw.
GENERAL
(30) Any person who contravenes any provision of this Bylaw by:
(a) Doing any act orthing which the person is prohibited from doing; or
(b) Failing to do any act orthing the person is required to do;
is guilty of an offence and any offence created pursuant to this Bylaw is a strict liability
offence for the purposes of prosecution under this Bylaw.
(31) All references in this Bylawwill be read with such changes in numberand genderas may
be appropriate.
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Bylaw No.1959/2023 -Smoke-Free Bylaw Page 9 of lo
(32) Bylaw No.1868/2018 is hereby repealed.
(33) This Bylaw shall come into force on the date of the third and final reading.
READ a first time this llth day of September 2023 A.D.
READ a second time this 25th day of September 2023 A.D
READ a third time this 25th day of September 2023 A.D.
PASSEDandsIGNEDthis±Ldayof
c> u®t^'i3€soL 2023 A.D.
___,,ls\
MAYOR
;ZZ.-z27-/
MUNICIPAL MANAGER
Bylaw No.1959/2023 -Smoke-Free Bylaw Page 10 of 10
Schedule "A": Fines
Nature of Offence
Section
Penalty
Smoking in a prohibited area
(5)
$100.00
Proprietor allowing Smoking in a prohibited area
(6)
$500.00
Designated Smoking Area not set up or located in adherence
(8), (9), (10)
$1,000.00
with the regulations of this bylaw.
Per incident of a Proprietor allowing a Minor to enter a
(11)
$100.00
Designated Smoking Area
Proprietor allowing the serving beverages or food in a
(9)(e)
$250.00
Designated Smoking Area
Proprietor allowing Persons under his employ to clean up the
(9)(f)
$250.00
Designated Smoking Area or remove trash from the
Designated Smoking Area while smoking is permitted.
Failure to comply with no Smoking signage requirements
(12), (14)
$50.00
Failure to comply with Designated Smoking Area signage
(10)(b), (13),
$250.00
requlrements
(14)
Improper disposal of Smoking products or substances
(15)
$500.00
including starting a fire or spilling of substances.
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