The Town of Sundre has imposed the strictest cannabis consumption bylaw possible within a municipality’s legal mandate.
People who partake in the town are effectively prohibited from indulging anywhere but private residential properties.
On Oct. 17, Canada became the second country in the world to legalize the possession and consumption of recreational cannabis. While federal and provincial governments determined the bulk of the legal framework outlining production and distribution regulations, individual municipalities were granted the authority to impose stricter rules in some cases.
“The (provincial) regulation sets out minimum standards and rules around consumption, and gives municipalities broad discretion in determining how cannabis can be consumed within their jurisdictions,” said Linda Nelson, chief administrative officer, adding a substantial amount of time was spent consulting with the community on how to proceed.
“There has been overwhelming concern on where cannabis is consumed, and overwhelming support to restricting it to just residential properties,” she told council during the Oct. 15 meeting.
Throughout the province, there has been a tendency to align the new legislation with alcohol use rather than tobacco, she said.
“I would say in fact that cannabis has facets that are comparable to both. It is comparable with alcohol relative to its effect on cognitive functions, and it is comparable to tobacco relative to the impacts related to second-hand exposure to smoke, respiratory health issues and odour.”
In researching the approach of other municipalities, Nelson said the impairment of cognitive function appears to be the primary rationale for keeping cannabis consumption away from places typically attended by the public.
She added that Alberta Health Services has provided guidance and information advising a public health approach that aims to minimize the potential for unintended consequences.
“So the bylaw as presented to council tonight would restrict all forms of cannabis consumption to private residential properties, with landlords having the ability to further restrict the use of cannabis consumption in apartment and condominium types of uses,” she said.
“We do recognize that this bylaw is highly restrictive, but in keeping with the advice of Alberta Health Services, staff are recommending that we proceed with caution and incorporate a vigilant public health approach to this legislation.
“A person must not smoke, attempt to smoke, vape, or consume what appears to be cannabis in any public building or public place, including but not limited to: child care facilities; eating and drinking establishments; grandstands; hotels; hospital properties; outdoor public events; parade routes; patios; private clubs; public buildings; public parks, including trails and pathways; residential care facilities; schools; sidewalk cafes; workplaces or any other public place or public building within the town limits,” said Nelson.
Additionally, no one is allowed to consume cannabis in any form within 10 metres of a playground, park, seasonal skating rink, skate park, bike park or sports field, she said.
“Which means that if somebody has a backyard that’s immediately adjacent to one of these facilities and they’re within 10 metres, they will have to consume cannabis indoors.”
Overall, the bylaw is as restrictive as the municipality could make it, she said.
“I’m hoping council will support this as I believe it is what the community has been asking for.”
Coun. Richard Warnock spoke in favour of the motion and said some residents did not even want to allow any consumption of cannabis whatsoever within town limits.
“This is about as tough as we can get without overstepping our municipal authority,” said Warnock.
Mayor Terry Leslie said the end of cannabis prohibition represents uncharted territory for everyone, and that council will have the option to revisit the regulations on a regular basis.
The mayor also spoke in favour of the bylaw, but pointed out the municipal regulations would require residents to be aware that enforcement is on a complaint basis.
The fine fee schedule outlined in the bylaw is as follows: first offence, $250; second offence, $500; third and subsequent offences, $1,000.
“There needs to be a clear understanding that there is no revenue to this point that is coming to this municipality for enforcement. All of the revenue generated is going to both provincial and federal governments and nothing to municipalities,” the mayor said.
“As much as the ministers responsible might say they would like to give money to municipalities, it is insignificant compared to the potential cost of trying to take a proactive enforcement approach,” he added.
Council proceeded to unanimously carry all of the bylaw's readings.
