Special Council Meeting. Agenda

Transcription

1 Special Council Meeting Jubilee Centre Council Chamber Monday, July, Franklin Avenue, Fort McMurray, AB TH 2K4 600 PM Agenda 1. Call to Order 2. In-Camera Session 2.1 Advice from Officials and Disclosure Harmful to Economic or Other Interests of a Public Body (in camera pursuant to sections 24(1) and 25(1) of the Freedom of Information and Protection of Privacy Act) 3. Unfinished Business 3.1. Public Hearing for Cannabis Legalization in the Regional Municipality of Wood Buffalo 3.2. Cannabis Legalization in the Regional Municipality of Wood Buffalo Adjournment 1. THAT Bylaw No. 1/014, being a Land Use Bylaw amendment, be read a second time. 2. THAT Bylaw No. 1/014, be read a third and final time. 3. THAT Bylaw No. 1/015, being Smoking and Vaping Bylaw, be read a second time. 4. THAT Bylaw No. 1/015, be read a third and final time. 5. THAT Bylaw No. 1/016, being a License Bylaw amendment, be read a second time. 6. THAT Bylaw No. 1/016, be read a third and final time.

2 3.1.a Public Hearing re Bylaw Nos. 1/014 Land Use Bylaw Amendment, 1/015 Smoking and Vaping Bylaw, and 1/016 License Bylaw Amendment A. Introduction from Administration Brad McMurdo, Marc Fortais, and Adam Hardiman B. Written Presentations None received C. Verbal Presentations None received D. Other Verbal Presentations (Time Permitting and with Consent of Council) E. Questions of Council F. Closing Statement from Administration Attachment 1. Public Hearing Page - Cannabis Legalization (Public Hearing - Cannabis Legalization in the Regional Municipality of Wood Packet Pg. 2

3 3.1.b Cannabis Legalization in the Regional Municipality of Wood Buffalo July, 201 Presenters Brad McMurdo, Director (Acting), Planning and Development Marc Fortais, Director, Public Works Adam Hardiman, Strategist, Communications and Stakeholder Relations Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg. 3

4 Considerations The Federal Government has announced that recreational Cannabis will be legal in Canada on October 17, 201 Senate has already approved Bill C-45 Alberta Cannabis Framework and Cannabis Act Indigenous communities Alignment with federal, provincial laws, rules and guidelines Recommendations to Council will balance community engagement results with research and best practices 3.1.b Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg. 2 4

5 Goals & Timelines Project launch Fall, 2017 (Provincial roundtable) Engagement started in February, 201 in alignment with Provincial regulations Extensive community engagement sessions, resident survey, stakeholder meetings Public Engagement was completed in May, 201 Proposed Bylaws were developed and presented to Council in June, 201 First reading June 12, 201 Public hearing July, b Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg. 3 5

6 Federal Legislation Legalization of cannabis in October, 201 Minimum age of 1 to consume and possess Possession up to 30 grams per adult Does not include edible cannabis or cannabis cafés Includes up to four cannabis plants per household 3.1.b Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg. 4 6

7 Provincial Legislation Production/distribution facilities regulated by Alberta Gaming and Liquor Commission (AGLC) Must be 1 years of age to consume, possess and/or purchase Cannabis and accessories-only retail stores Minimum 100 meters from schools, and Provincial health care facilities Online sales managed by AGLC Public consumption up to municipalities 3.1.b Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg. 5 7

8 Municipal Legislation Land Use Bylaw Separation Distance and Zoning for Cannabis Retail Stores Separation Distance and Zoning for Cannabis Production Facilities Restrictions for growing four Cannabis plants per household Smoke Free Bylaw Public consumption Like tobacco or alcohol? Business Licensing Bylaw Economic Development 3.1.b Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg. 6

9 Public Engagement Overview Visits to all rural communities along with five engagement sessions for Urban Service Area (13 total sessions) Over 2,700 survey responses Over 1,000 direct interactions with residents Stakeholder meetings, correspondence and discussions 3.1.b Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg. 7

10 Public Engagement Overview 57% concerned about cannabis use where youth will gather (33% not concerned, 10% other) 7% want minimum distances to extend beyond schools, hospitals to other public spaces Public consumption 3% combination, 2% like alcohol, 2% like tobacco, 5% other 40% think it should be banned in public 66% think it will be positive for the economy (1% disagree, 16% other) One common theme Protect youth as much as possible b Packet Pg. 10 Attachment 2. PowerPoint - Cannabis Legalization in the

11 Expected Business Impact 3.1.b The Planning and Development department receives 2-3 inquiries per day about Cannabis retail stores AGLC has received about twelve applications for Cannabis retail stores in Fort McMurray Fort McMurray First Nation 46 announced its plans for a production facility Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg. 11

12 Brief of LUB - Definitions Cannabis Retail Store Cannabis Retail Store A development that is used exclusively for retail sales of Cannabis and products that contain Cannabis in any form or proportion Discretionary Use Municipal Planning Commission (allows a development officer to consider an application on its merit and the decision is advertised in newspaper for anyone to appeal) Added layer of community input 3.1.b Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg

13 Brief of LUB Definitions 3.1.b Cannabis Production and Distribution Facility A development that is principally used for one or more of the following uses Growth, cultivation and production of Cannabis Processing, testing, manufacturing and assembling of Cannabis and any products/medicines that contain Cannabis in any form or proportion Storage, shipping/delivering and distribution of Cannabis and/or products containing Cannabis in any form or proportion Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg

14 Brief of LUB Definitions (continued) 3.1.b Discretionary Use Municipal Planning Commission (allows a development officer to consider an application on its merit and the decision is advertised in the newspaper for anyone to appeal) Added layer of community input Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg

15 Separation Distances 1. Balanced approach for development opportunities and restrictions 2. Maps with 50 meters, 100 meters, 150 meters, 200 meters and 300 meters separation distances around schools, day cares, health facilities, alcohol/drug rehabilitation centres and other public spaces were created to analyze locations 3.1.b Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg

16 Separation Distances Retail Stores 150 meters from schools, hospitals, alcohol/drug rehabilitation centres and day cares in the Urban Area 100 meters from schools and playgrounds in Hamlets Not immediately adjacent/abutting Residential Areas but on the main floor of mixed use buildings Production Facilities 300 meters from schools, health facilities, and alcohol/drug rehabilitation centres 300 meters from Residential Area The Development officer will have the authority to vary separation distances up to 10% Packet Pg b Attachment 2. PowerPoint - Cannabis Legalization in the

17 Separation Distance 150 Meters 3.1.b Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg

18 Comparative Analysis Retail Stores 3.1.b Provincial Legislation 100 m separation distance from Provincial health care facilities N/A 100 m separation distance from schools N/A N/A Calgary LUB Not stated will be required to meet 100 m Provincial separation distance Stated a 150 m separation distance from emergency shelters 150 m separation distance from schools, no separation distance from post-secondary schools No separation distances stated 300 m separation distance between cannabis stores Edmonton proposed LUB 100 m separation distance from health care facilities N/A 200 m separation distance from schools and libraries 100 m separation distance from public parks recreation facilities 200 m separation distance between cannabis stores Red Deer LUB Grand Prairie LUB RMWB Proposed LUB 300 m separation 100 m separation from 150 m from distance from Provincial Provincial health care Provincial health health care facilities facilities care facilities DC 1 excluding Cannabis Retail Store as a use in this District 300 m from K-12 schools; 100 m for post-secondary, vacant SR parcels and private schools 300 m from indoor recreation facilities 300 m separation distance between cannabis stores 100 m from addiction treatment centers 300 m from High School; 150 m for elementary schools N/A 10 m separation distance in central Commercial District 150 m from alcohol/drug addiction centers 150 m from lot containing Elementary, Junior High and High schools N/A N/A Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg

19 Comparative Analysis Retail Stores Provincial Legislation N/A N/A Calgary LUB 10 m separation distance Child care services Districts with Cannabis Retail Sales Commercial, Industrial, Mixed Use Edmonton Proposed LUB 100 m separation distance from liquor stores Districts with Cannabis Retail Sales Commercial, Mixed Use Red Deer LUB Grand Prairie LUB RMWB Proposed 300 m separation distance from daycares Districts with Cannabis Retail Sales C1, C4 10 m separation distance from liquor stores Districts with Cannabis Retail Sales Commercial and Industrial LUB 150 m from daycares Districts with Cannabis Retail Sales Mixed use, Commercial and Industrial N/A Development Authority Development Authority Development Authority Development Authority Development Authority 3.1.b Attachment 2. PowerPoint - Cannabis Legalization in the 17 Packet Pg. 1

20 Cannabis Retail Store Legislation in BC 1. City of Victoria 200 meters from schools 400 meters from another Cannabis store 2. City of Vancouver 300 meters from schools and community centers 300 meters from another Cannabis store 3.1.b Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg. 1 20

21 Restrictions Conditions of Permit No consumption inside store/facility No outdoor storage in facilities Complaints related to odour (smell from fresh and dried cannabis, cannabis plants and products containing cannabis) must be dealt with within 4 hours 3.1.b Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg. 1 21

22 Restrictions Growing Plants In Single Family Housing, (including single detached, semi detached and row houses) 4 plants can be grown in House Accessory Structure Backyard In Multi-Family Housing such as apartments and condominiums, up to 4 plants can be grown within the private unit Growing Cannabis plants on Common Property (including balconies or exclusive use areas) will not be allowed 3.1.b Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg

23 Restrictions Public Consumption Consuming Cannabis in any form (including smoking and vaping) in public places will not be allowed 3.1.b Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg

24 3.1.b Questions? Thank you Attachment 2. PowerPoint - Cannabis Legalization in the Packet Pg

25 COUNCIL REPORT Meeting Date July, Subject Cannabis Legalization in the Regional Municipality of Wood Buffalo APPROVALS Director Chief Administrative Officer Recommended Motion 1. THAT Bylaw No. 1/014, being a Land Use Bylaw amendment, be read a second time. 2. THAT Bylaw No. 1/014, be read a third and final time. 3. THAT Bylaw No. 1/015, being Smoking and Vaping Bylaw, be read a second time. 4. THAT Bylaw No. 1/015, be read a third and final time. 5. THAT Bylaw No. 1/016, being a License Bylaw amendment, be read a second time. 6. THAT Bylaw No. 1/016, be read a third and final time. Summary The Federal and Provincial governments have introduced legislation to legalize, regulate, and restrict access to recreational cannabis. In preparation for this pending legalization, Administration has researched regulations and best practices in other cities in and outside of Canada, engaged with the public and analyzed available options for retail locations, as well as taking part as a member of a provincial round table regarding legalization. This work has informed necessary changes to the Land Use Bylaw, Smoke Free Bylaw, and License Bylaw. This report is intended to address amendments to these bylaws to accommodate legalization of recreational cannabis in the Regional Municipality of Wood Buffalo, and facilitate a process to accept applications for Cannabis Retail Stores and Cannabis Production and Distribution Facilities, if and when Cannabis is officially legalized in Department Planning & Development 1 / 6 Packet Pg. 25

26 3.2 COUNCIL REPORT Cannabis Legalization in the Regional Municipality of Wood Buffalo Canada. Background Federal and Provincial Cannabis Legislation On April 13, 2017, the Government of Canada introduced Bill C-45, An Act Respecting Cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, (The Cannabis Act). Subject to parliamentary approval, the Cannabis Act will legalize and regulate recreational cannabis in Canada. The Government of Canada has said that they plan to legalize cannabis in the summer of 201. On November 30, 2017, following the introduction of The Cannabis Act in the House of Commons, the Government of Alberta approved Bill 26, An Act to Control and Regulate Cannabis, which amends the Gaming and Liquor Act, now known as the Gaming, Liquor and Cannabis Act. This Act comes into force upon proclamation. Further, on February 16, 201, the Government of Alberta enacted new regulations for retail cannabis stores which will be overseen by the Alberta Gaming and Liquor Commission (AGLC). Under the proposed rules, the Federal Government would regulate cannabis production and the provincial government would regulate cannabis distribution and retail sales, in collaboration with municipalities. Municipal Response to Federal and Provincial Legislation In anticipation of the pending legalization, the Municipality has proactively conducted research and public engagement to draft new municipal regulations that deal specifically with cannabis. As drafts of federal and provincial legislation became available, the role of municipalities became clearer. This allowed Administration to determine how it should develop regulations surrounding retail locations, public consumption, land use, education, and taxation to align with federal and provincial legislation. Through best practice research, Administration found that key areas of concern for other municipalities included 1. The protection of youth 2. Location of cannabis retail stores and cannabis production and distribution facilities 3. Public consumption laws 4. Number of plants allowed per household To better inform the changes to the Municipality s bylaws, Administration worked on an extensive public engagement process that ran from February to May 201. This process was divided into two parts Department Planning & Development 2 / 6 Packet Pg. 26

27 3.2 COUNCIL REPORT Cannabis Legalization in the Regional Municipality of Wood Buffalo 1. Internal Engagement An interdepartmental working group was established with representation from Planning and Development (including Community Development Planning, Safety Codes, Economic Development, and Bylaw Services), Communications and Stakeholder Relations, Legal Services, Legislative Services, Human Resources, Regional Emergency Services and the RCMP. The group provided valuable feedback as work progressed. 2. External Engagement 12 open houses were conducted (including one open house each in the hamlets of Fort Chipewyan, Conklin, Anzac and Gregoire Lake Estates, Saprae Creek Estates, Janvier and Fort McKay). Over 3,000 interactions were recorded wherein residents were educated on the proposed legalization and were asked to take a survey to provide their opinions on various aspects of legalization. The survey covered all aspects of legalization and was approved by the interdepartmental working group. A total of 2714 surveys were completed (online and paper) and the engagement results are as follows a. 57% were concerned about cannabis use where youth will gather (33% not concerned, 10% other); b. 7% want minimum distances to extend beyond schools and hospitals to other public spaces; c. On the issue of public consumption, 3% preferred a combination of alcohol and smoking laws, 2% preferred that it be like the alcohol model, 2% like tobacco model, and 5% other; d. 40% think cannabis should be banned in public; e. 66% think cannabis will be positive for the economy (1% disagree, 16% other). With this framework in mind, Administration began contemplating changes to three affected bylaws the Land Use Bylaw, Smoke Free Bylaw and License Bylaw. The necessary changes are summarized as follows 1. Land Use Bylaw (/05) (refer to Attachment 2) a. Cannabis Retail Stores and Cannabis Production and Distribution Facility are defined and added as a use in the Land Use Bylaw. b. Cannabis Retail Stores i. Cannabis Retail Stores are allowed as a Discretionary Use - Municipal Planning Commission in Mixed use, Commercial and Industrial districts. ii. A minimum separation distance of 150 meters from schools, hospitals, day cares and alcohol and drug rehabilitation centers is proposed for Department Planning & Development 3 / 6 Packet Pg. 27

28 3.2 COUNCIL REPORT Cannabis Legalization in the Regional Municipality of Wood Buffalo cannabis retail stores in the urban area. (Refer to Attachment 3 for a copy of the Urban Service Area maps highlighting districts that are proposed to allow cannabis retail stores with 150-meter separation distance. iii. A minimum separation distance of 100 meters from schools and playgrounds is proposed for cannabis retail stores in hamlets and the rural service area. (Refer to Attachment 4 for maps showing districts in each of the hamlets that are proposed to allow for a cannabis retail store with a 100-meter separation distance. iv. Cannabis retail stores cannot be located on a parcel abutting residential property but can be allowed on the main floor of a mixeduse building with commercial on the main floor and residential on the second floor. v. Subject to the application meeting all other requirements, the development authority can vary the separation distances up to 10 %. c. Cannabis Production and Distribution Facility i. Cannabis Production and Distribution Facility are allowed as a Discretionary Use - Municipal Planning Commission in Industrial districts. ii. A minimum separation distance of 300 meters from schools, hospitals, day cares, alcohol and drug rehabilitation centers and residential area is proposed for cannabis production and distribution facility in the urban service area, the rural service area and hamlets. iii. Subject to the application meeting all other requirements, the development authority can vary the separation distances up to 10 %. d. Growing up to (4) Cannabis Plants per household for personal use i. In single family housing (including single detached, semidetached and row houses) up to four (4) cannabis plants can be grown in the house, in any legally permitted accessory structure or in a fenced backyard. ii. In multi-family housing, such as apartments and condominiums, up to 4 plants can be grown within the private unit. Growing cannabis plants on common property (including common property - exclusive use and balconies) will not be allowed. For comparison purposes, a table showing regulations proposed by Calgary, Edmonton, Red Deer, Grand Prairie and the Regional Municipality of Wood Buffalo is available in Attachment 5. Department Planning & Development 4 / 6 Packet Pg. 2

29 3.2 COUNCIL REPORT Cannabis Legalization in the Regional Municipality of Wood Buffalo 2. Smoke Free Bylaw (07/042) (refer to Attachment 6 for a new bylaw proposed to replace the Smoke Free Bylaw 07/042). a. Consuming cannabis in any form (including smoking and vaping) in public places will not be allowed. b. Smoking in any form (tobacco or cannabis) is not permitted on public transit vehicles and at transit stations. c. Smoking cannabis or tobacco will not be permitted in public places such as educational institutions or areas accessible to the public. 3. The License Bylaw (01/031) (refer to Attachment 7) a. Cannabis related business are added as a category of business in the License Bylaw. b. Regulations surrounding a business license are added to the License Bylaw. This includes authority for licensing inspectors to approve or refuse a business license for a cannabis related use. c. Requirements for operating a cannabis-related use are added to the License Bylaw (including restrictions only allowing persons over 1 years of age on the premises and not allowing smoking or vaping cannabis on the premises). d. Provisions regarding offences is defined and added. e. The fee for a business license for a cannabis-related use is set at $ Budget/Financial Implications Permits for cannabis retail stores and production facilities will generate some revenue for the Municipality through development permit, building permit and business license application fees. However, this is not expected to be a significant source of revenue. Rationale for Recommendation The proposed changes to the Municipality s bylaws are in response to federal and provincial legislation. These changes align with federal and provincial legislation, but also strike a balance between economic development opportunities and laws to mitigate community concerns. Providing opportunities for retail cannabis sales and cannabis production and distribution facilities will minimize impacts that could otherwise occur in a narrower range of locations while providing opportunities for local business and economic diversification. The proposed separation distances can minimize impacts to sensitive uses and ensure that overall cannabis sales are not concentrated in specific areas. Department Planning & Development 5 / 6 Packet Pg. 2

30 3.2 COUNCIL REPORT Cannabis Legalization in the Regional Municipality of Wood Buffalo Banning consumption of cannabis in public places will protect children, adults and seniors from exposure to second hand cannabis smoke, while still allowing people to smoke it in their privately owned or rented space. Furthermore, limiting plants in certain locations on private property will ensure it is not accessible to the public. This reduces concerns regarding children and youth obtaining domestically grown cannabis. Strategic Priorities Responsible Government Downtown Revitalization Regional Economic Development Attachments 1. Alberta Cannabis Framework - Highlights 2. Bylaw 1/014 Land Use Bylaw Amendment 3. Maps Showing 150 m Separation Distance in Urban Service Area 4. Maps Showing 100 m Separation Distance in Hamlets 5. Table Showing Regulations Proposed by Cities in Alberta 6. Bylaw 1/015 Smoking and Vaping Bylaw 7. Bylaw 1/016 License Bylaw Amendment Department Planning & Development 6 / 6 Packet Pg. 30

31 3.2.a Attachment 1. Alberta Cannabis Framework - Highlights (Cannabis Legalization) Packet Pg. 31

32 3.2.a Attachment 1. Alberta Cannabis Framework - Highlights (Cannabis Legalization) Packet Pg. 32

33 3.2.b BYLAW NO. 1/014 A BYLAW OF THE REGIONAL MUNICIPALITY OF WOOD BUFFALO TO AMEND LAND USE BYLAW NO. /05 WHEREAS sections 11(1) and 63 of the Municipal Government Act empower a council both to pass and to amend a land use bylaw; AND WHEREAS the federal government is proposing to pass the Cannabis Act not later than the summer of 201; NOW THEREFORE the Regional Municipality of Wood Buffalo, in council assembled, enacts as follows 1. Land Use Bylaw No. /05 is amended as set out in sections 2 to 20 of this bylaw. 2. Section 10 is amended by adding the following definitions CANNABIS has the meaning given to it in the proposed Cannabis Act to be made law by the federal government. CANNABIS ACT refers to Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, 1st Session, 42nd Parliament, SEPARATION DISTANCES means the minimum distance between the property lines of two properties as defined on the plan of subdivision registered with land titles office of Alberta. ODOUR FROM CANNABIS PLANT means smell from fresh and dried Cannabis, Cannabis plants and products containing Cannabis. CANNABIS RETAIL STORE means a development that is used exclusively for retail sales of Cannabis, products that contain Cannabis in any form or proportion and Cannabis accessories. CANNABIS PRODUCTION AND DISTRIBUTION FACILITY means a development that is principally used for one or more of the following uses Attachment 2. Bylaw 1/014 Land Use Bylaw Amendment (Cannabis Legalization) (i) (ii) (iii) Growth, cultivation and production of Cannabis. Processing, testing, manufacturing and assembling of Cannabis and any products or medicines that contain Cannabis in any form or proportion. Storage, shipping, delivery and distribution of Cannabis or products containing Cannabis in any form or proportion. Packet Pg. 33

34 3.2.b 3. Section is amended by adding the following uses (g) Cannabis Retail Store 4. Section 10.4 is amended by adding the following uses (n) Cannabis Retail Store 5. Section 10.4 is amended by adding the following uses (m) Cannabis Retail Store 6. Section is amended by adding the following uses (b) Cannabis Retail Store 7. Section is amended by adding the following uses (h) Cannabis Retail Store (i) Cannabis Production and Distribution Facility. Section 111. (d) is amended by adding the following uses Cannabis Retail Store. Section is amended by adding the following uses (c) Cannabis Retail Store (d) Cannabis Production and Distribution Facility Attachment 2. Bylaw 1/014 Land Use Bylaw Amendment (Cannabis Legalization) 10. Section 122 is amended by adding the following sections 122.3(1) Discretionary Uses- Planning Commission The following are discretionary uses that may be approved by the Planning Commission Packet Pg. 34

35 3.2.b (a) Cannabis Retail Store 11. Section is amended by adding the following uses (d) Cannabis Retail Store 12. Section 12.4 is amended by adding the following uses (d) Cannabis Retail Store (e) Cannabis Production and Distribution Facility 13. Section 204 is amended by adding the following sections 204.3(1) Discretionary Uses- Planning Commission The following are discretionary uses that may be approved by the Planning Commission (a) Cannabis Retail Store 14. Section (a) is deleted and replaced with the following (a) Cannabis Retail Store (b) Cannabis Production and Distribution Facility Attachment 2. Bylaw 1/014 Land Use Bylaw Amendment (Cannabis Legalization) Packet Pg. 35

36 3.2.b 15. Table.17-1 is deleted and replaced with the following Table.17-1 Land Use Districts within the Franklin Avenue Re-Urbanization Zone Land Uses PRA1 Prairie West of Queen Mixed Use = Permitted Uses = Discretionary Uses- Development Officer PRA2 Prairie East of Queen Mixed Use FRA1 Franklin Core = Discretionary Uses- Planning Commission Food and Beverage Commercial Institutional and Civic Limited Commercial Office Commercial Park Parking Lot/ Structure Recreation Commercial Residential Restricted Commercial Retail Commercial (<5,000 m 2 GFA) Retail Commercial, Large Format (>5,000 m 2 GFA) Service Commercial Tourism Commercial Home Occupation Home Business Accessory Surface Parking Accessory Building or Use Cannabis Retail Store Attachment 2. Bylaw 1/014 Land Use Bylaw Amendment (Cannabis Legalization) Packet Pg. 36

37 3.2.b 16. Table.1- is deleted and replaced with the following Table.1-1 Land Use Districts within the Neighbourhood Stabilization Zone (BL 14/032) Land Uses Land Use Districts SR1 South Riverfront LBL-C Longboard Landing Commercial = Permitted Use = Discretionary Use = Discretionary Uses- Planning Commission Food and Beverage Commercial Institutional and Civic Live-Work Office Commercial Secondary Office Commercial Park Parking Lot/ Structure Residential Retail Commercial (<5,000m 2 GFA) Home Occupation Home Business Accessory Surface Parking Accessory Building or Use Cannabis Retail Store 17. Section.4.1 MD Main Street District under Part is amended by adding the following sections (1) Discretionary Uses- Planning Commission The following are discretionary uses that may be approved by the Planning Commission Attachment 2. Bylaw 1/014 Land Use Bylaw Amendment (Cannabis Legalization) (a) Cannabis Retail Store 1. Section.4.2 MDD Mixed Development District under Part is amended by adding the following sections (1) Discretionary Uses- Planning Commission Packet Pg. 37

38 3.2.b The following are discretionary uses that may be approved by the Planning Commission (a) Cannabis Retail Store 1. Section.4.4 WD Waterfront District under Part is amended by adding the following sections.4.4.1(1) Discretionary Uses- Planning Commission The following are discretionary uses that may be approved by the Planning Commission (a) Cannabis Retail Store 20. Section.4.7. TCD Town Centre District under Part is amended by adding the following sections (1) Discretionary Uses- Planning Commission The following are discretionary uses that may be approved by the Planning Commission (a) Cannabis Retail Store 21. Part 5 - General Regulations is amended by adding the following sections 3B. Cannabis 3B.1 Cannabis Retail Stores a) Separation Distance 1. A site containing a Cannabis Retail Store in the Urban Service Area shall be located150 meters away from the boundary of the parcel of land that is used for one or more of the following Attachment 2. Bylaw 1/014 Land Use Bylaw Amendment (Cannabis Legalization) i. Elementary School; ii. Junior High School; iii. High School; iv. College; Packet Pg. 3

39 3.2.b v. Hospital; vi. Child Care Facility; and vii. Alcohol and Drug Rehabilitation Center. 2. A site containing a Cannabis Retail Store in the Rural Service Area and Hamlets shall be located 100 meters away from the boundary of the parcel of land that is used for one of more of the following i. Elementary School; ii. Junior High School; iii. High School; and iv. Park. b) Subject to the development permit application for a Cannabis Retail Store meeting all other requirements, the Development Authority can vary the separation distances by up to 10 %. c) A Cannabis Retail Store must not be located on a parcel abutting an existing property that is being used for residential purposes on its main floor, but can be allowed on the main floor of a mixed-use building. 3B.2 Cannabis Production and Distribution Facility a) Separation Distance 1. A site containing a Cannabis Production and Distribution Facility shall be located 300 meters away from the boundary of the parcel of land that is used for one or more of the following i. Elementary School; ii. Junior High School; iii. High School; iv. College; v. Hospital; vi. Child Care Facility; Attachment 2. Bylaw 1/014 Land Use Bylaw Amendment (Cannabis Legalization) Packet Pg. 3

40 3.2.b vii. Alcohol and Drug Rehabilitation Center; and viii. Residential Building. b) Subject to development permit application for Cannabis Production and Distribution Facility meeting all other requirements, the Development Authority can vary the separation distances by up to 10 %. 3B.3 Location of up to four (4) plants per household for personal use a) In Single Family Housing (including single detached, semidetached and row houses) up to four (4) Cannabis plants (for personal consumption) can be grown inside the house, in any legally permitted accessory structure or in a fenced backyard. b) In Multi-Family Housing such as apartments and building condominiums, up to four (4) Cannabis plants can be grown within the private unit only. Growing Cannabis plants on Common Property (including common propertyexclusive use such as balconies) is not permitted. 22. This bylaw comes into effect when it is passed. READ a first time this 12 th day of June, A.D READ a second time this day of, A.D READ a third and final time this day of, A.D SIGNED and PASSED this day of, A.D Attachment 2. Bylaw 1/014 Land Use Bylaw Amendment (Cannabis Legalization) Mayor Chief Legislative Officer Packet Pg. 40

41 SUBJECT AREA MAP Fort McMurray North Attachment 3 Map c NO RTH Zoning C3 Y NS G TW C3A - Timberlea Shopping Centre Commercial ITAG E DR º ¹ TAIGANOVA CRES MDD C3 - Shopping Centre Commercial H ER C4 - Highway Commercial C4 DC - Direct Control R EK º º ¹ ¹ RS PA S ON CR DR CAR T ER ET º ¹ R D ER D P OW N BI D R C ON T IO RA DE FE N Y WA LO U TIT R D H U G H EE D DR RD 63 ¾ ÑÓ ¹º Ó º ¹ LO IE R R º ¹ O IN I RT '! DO CA H KD C3A M EE DR Ó DR PLAMONDO N B A IN E CR GE BL E R ID VD EA G L WD - Waterfront District OW PR O S PE CT MILLENNIU M D R MSD - Main Street District PAQU ETT E D R MDD - Mixed Development District R WK D S PAR ROW HA Ó º ¹ º ¹ DR E GLE ET R TD X Y DR RT BR LY N ST M BE Y X Ó Ó¹ º ¹º D R Y X N VE HA KE T DR IC L WAL WOO D N CO R TH Ó DR SS DR INS DI C K LA R O ABRAHAM DR SS TI Ó RL IN E D R RO ND T HIC K WO TU ND RA DR ¾ ѹº Y X OD E YM º ¹ B LV ¹¹ º º Ó UN D S º Ó¹ C AN DR D ON Y X º ¹ Ó º ¹ DR DUN Y X Y X Ó º ¹ Ó Ó LI SI Y X RD N FO RE ST RD X Y SIG NAL DC RD H RE AL M AR Athabasca Rive r TI N DR 150m Buffer Ó Child Care Centres Drug and Rehab Centre ¾ Ñ º ¹ K Community Centres Education Institutions Hospital Attachment 3. Maps Showing 150 m Separation Distance in Urban Service Area (Cannabis Legalization) BI - Business Industrial PARSO WD X Y '! House Of Worship Playground Skatepark H SprayPark Park ± 1 cm = 330 meters Map Produced for the Community Development Planning Branch TICK6157_FORT_MCMURRAY_NORTH 0 May 201 Packet Pg. 41

42 SUBJECT AREA MAP Fort McMurray South 3.2.c Attachment 3 Map 2 Athabasca River MACDONALD DR!' Ѿ!' XY XY XY XY XY MORRISON ST DC Ó ¹º HARDIN ST CBD1 ¹º ¹º XY ABASAND DR Ó XY Ó XY ¹º K Ó ¹º RIEDEL ST FRA1 HOSPITAL ST ¹º ¹º Ó XY Ó PRA1 MANNING AVE FRANKLIN AVE CLEARWATER DR BEA CON HILL DR 63 ¹º ¹º ¹º ¹º ¹º Ó ¹ºÑ¾ KING ST PRA2 TOLEN DR XY GREGOIRE DR Ó C4 Ó C3 SR1 LBL-C XY ¹º ¹º XY SALINE CREEK PKY MACKENZIE BLVD DRAPER RD Zoning BI - Business Industrial C3 - Shopping Centre Commercial C4 - Highway Commercial DC - Direct Control RD - Rural District CBD1 - Central Business District FRA1 - Franklin Core LBL-C - Longboat Landing RD Commercial PRA1 - Prairie West of Queen Mixed Use PRA2 - Prairie East of Queen Mixed Use SR1 - South Riverfront Attachment 3. Maps Showing 150 m Separation Distance in Urban Service Area (Cannabis Legalization) BI ¹º SNOW EAGLE DR 150m Buffer Ó Child Care Centres Drug and Rehab Centre Ѿ Community Centres ¹º Education Institutions K Hospital XY House Of Worship Playground!' Skatepark Park ± 1 cm = 460 meters Map Produced for the Community Development Planning Branch TICK6157_FORT_MCMURRAY_SOUTH Packet 0 Pg. May

43 SUBJECT AREA MAP Anzac 3.2.d Attachment 4 Map 1 Zoning Willow Lake XY 1 HC GREGOIRE DR STONY MOUNTAIN RD CHEECHAM DR XY ¹º ¹º Ѿ SINGER DR Ѿ RD Attachment 4. Maps Showing 100 m Separation Distance in Hamlets (Cannabis Legalization) BI - Business Industrial HC - Hamlet Commercial RD - Rural Development Buffer 100m Ó Child Care Centres Drug and Rehab Centre Ѿ Community Centres ¹º Education Institutions XY House Of Worship!' Skatepark Playground Park ± 1 cm = 10 meters Map Produced for the Community Development Planning Branch TICK6157_ANZAC Packet 0 Pg. May

44 SUBJECT AREA MAP Conklin 3.2.d Attachment 4 Map 2 HC 1 BI NORTHLAND DR ¹ºÑ¾Ñ¾ ¹º XY Zoning HG Christina Lake BI - Business Industrial Attachment 4. Maps Showing 100 m Separation Distance in Hamlets (Cannabis Legalization) HC - Hamlet Commercial HG - Hamlet General RD - Rural Development Buffer 100m Ó Child Care Centres Drug and Rehab Centre Ѿ Community Centres ¹º Education Institutions XY House Of Worship!' Skatepark Playground Park ± 1 cm = 403 meters Map Produced for the Community Development Planning Branch TICK6157_CONKLIN Packet 0 Pg. May

45 SUBJECT AREA MAP Fort Chipewyan 3.2.d Attachment 4 Map 3 Riviere des Rochers XY XY RD K ¹º HC MACKENZIE AVE XY ¹º MCDONALD ST Ѿ Ѿ Lake Athabasca BI MCDERMOT AVE Zoning Attachment 4. Maps Showing 100 m Separation Distance in Hamlets (Cannabis Legalization) BI - Business Industrial HC - Hamlet Commercial RD - Rural Development Buffer 100m Ó Child Care Centres Drug and Rehab Centre Ѿ Community Centres ¹º Education Institutions XY House Of Worship!' Skatepark Playground Park ± 1 cm = 300 meters Map Produced for the Community Development Planning Branch TICK6157_FORT_CHIPEWYAN Packet 0 Pg. May

46 SUBJECT AREA MAP Fort McKay 3.2.d Attachment 4 Map 4 Athabasca River Zoning RD HG ¹º K ¹º FORT MACKAY RD XY Ѿ Attachment 4. Maps Showing 100 m Separation Distance in Hamlets (Cannabis Legalization) HG - Hamlet General RD - Rural Development Buffer 100m Ó Child Care Centres Drug and Rehab Centre Ѿ Community Centres ¹º Education Institutions XY House Of Worship!' Skatepark Playground Park ± 1 cm = 200 meters Map Produced for the Community Development Planning Branch TICK6157_FORT_McKay Packet 0 Pg. May

47 SUBJECT AREA MAP Gregoire Lake Estates 3.2.d Attachment 4 Map 5 RD 1 GREGOIRE AVE Willow Lake Attachment 4. Maps Showing 100 m Separation Distance in Hamlets (Cannabis Legalization) Zoning RD - Rural Development Buffer 100m Ó Child Care Centres Drug and Rehab Centre Ѿ Community Centres ¹º Education Institutions XY House Of Worship!' Skatepark Playground Park ± 1 cm = 53 meters Map Produced for the Community Development Planning Branch TICK6157_GREGOIRE_LAKE Packet 0 Pg. May

48 SUBJECT AREA MAP Janvier 3.2.d Attachment 4 Map 6 ¹º RD BI NOKOHOO RD HC Ѿ Zoning BI - Business Industrial Attachment 4. Maps Showing 100 m Separation Distance in Hamlets (Cannabis Legalization) HC - Hamlet Commercial RD - Rural Development Buffer 100m Ó Child Care Centres Drug and Rehab Centre Ѿ Community Centres ¹º Education Institutions XY House Of Worship!' Skatepark Playground Park ± 1 cm = 175 meters Map Produced for the Community Development Planning Branch TICK6157_JANVIER Packet 0 Pg. May 4 201

49 3.2.e Attachment 5 Regulations Proposed by Various Cities in Alberta Provincial Legislation Calgary LUB Edmonton Proposed LUB Red Deer LUB Grand Prairie LUB RMWB Proposed LUB - USA 100 m separation distance from Provincial health care facilities N/A 100 m separation distance from Schools N/A Not stated will be required to meet 100 m provincial separation distance Stated a 150m separation distance from Emergency Shelters 150 m separation distance from School, no separation distance from postsecondary schools No separation distances stated 100 m separation distance from health care facilities 300 m separation distance from Provincial health care facilities N/A DC 1 excluding Cannabis Retail Store as a use in this District 200 m separation distance from schools and libraries 100 m separation distance from public parks recreation facilities 300 m from K-12 Schools; 100 m for postsecondary, vacant SR parcels and private schools 300 m from indoor Recreation facilities 100 M separation from Provincial health care facilities 100 Meters Addiction Treatment Centers 300 m from High School; 150 m for elementary schools N/A 150 meters from Provincial health care facilities 150 meters from alcohol/drug addiction centers 150 meters from lot containing Elementary, Junior High and High Schools N/A Attachment 5. Table Showing Regulations Proposed by Cities in Alberta (Cannabis Legalization) N/A 300 m separation distance between 200 m separation distance between cannabis stores 300 m separation distance between 10 Meter Separation distance in central N/A Packet Pg. 4

50 3.2.e cannabis stores cannabis stores Commercial District N/A N/A N/A 10 m separation distance Child care services Districts with Cannabis Retail Sales Commercial, Industrial, Mixed Use Development Authority 100 m separation distance from Liquor stores Districts with Cannabis Retail Sales Commercial, Mixed Use Development Authority 300 m separation distance from Daycares Districts with Cannabis Retail Sales C1, C4 Development Authority 10 m Separation Distance from Liquor Stores Districts with Cannabis Retail Sales Commercial and Industrial Development Authority N/A Districts with Cannabis Retail Sales Commercial and Industrial Development Authority Attachment 5. Table Showing Regulations Proposed by Cities in Alberta (Cannabis Legalization) Packet Pg. 50

51 3.2.f BYLAW NO. 1/015 A BYLAW OF THE REGIONAL MUNICIPALITY OF WOOD BUFFALO TO REGULATE SMOKING AND VAPING IN PUBLIC PLACES, WORK PLACES, AND PUBLIC TRANSPORTATION VEHICLES AND PROPERTY. WHEREAS pursuant to Section 7(a) of the Municipal Government Act, R.S.A. 2000, c.m-26 ( the MGA ), a Council may pass bylaws for municipal purposes respecting the safety, health and welfare of people and the protection of people and property; AND WHEREAS pursuant to Section 7(b) of the MGA, a Council may pass bylaws for municipal purposes respecting people, activities and things in, on or near a public place or place that is open to the public; AND WHEREAS pursuant to Section 7(d) of the MGA, a Council may pass bylaws for municipal purposes respecting transport and transportation systems; AND WHEREAS pursuant to Section 7(e) of the MGA, a Council may pass bylaws for municipal purposes respecting businesses, business activities and persons engaged in business; AND WHEREAS pursuant to Section 7(i) of the MGA a Council may pass bylaws for municipal purposes respecting the enforcement of bylaws made under the Municipal Government Act or any other enactment including any or all of the matters listed therein; AND WHEREAS health officials have determined that secondhand smoke is a health hazard and causes discomfort for many persons; AND WHEREAS the smoke or vapour produced by the smoking or vaping of tobacco, cannabis and other substances is a nuisance for persons in public places, work places and public transportation vehicles and property; AND WHEREAS the Regional Municipality of Wood Buffalo deems it expedient and appropriate to limit the effects of secondhand smoke in the Regional Municipality of Wood Buffalo by regulating smoking and vaping of tobacco, cannabis and other substances in public places workplaces and public transportation vehicles and property within the Regional Municipality of Wood Buffalo; AND WHEREAS the federal government is proposing to pass the Cannabis Act not later than the summer of 201; Attachment 6. Bylaw 1/015 Smoking and Vaping Bylaw (Cannabis Legalization) NOW THEREFORE, the Regional Municipality of Wood Buffalo, in Council duly assembled, enacts as follows { ;4} Packet Pg. 51

52 3.2.f PART 1 PURPOSE, DEFINITIONS AND INTERPRETATION PURPOSE 1. The purpose of this Bylaw is to regulate smoking and vaping of tobacco, cannabis and other substances in public places, work places, public transportation vehicles, and public transportation property, to reduce exposure to secondhand smoke in the Regional Municipality of Wood Buffalo for the health, safety and welfare of the inhabitants. SHORT TITLE 2. This Bylaw may be cited as the Smoking and Vaping Bylaw. DEFINITIONS AND INTERPRETATION (a) (b) (c) (d) (e) (f) 3. For the purpose of administering the provisions of this Bylaw, the following definitions shall apply ASHTRAY means a receptacle for ashes, butts or residue of tobacco or cannabis products; BUILDING has a meaning prescribed in the Land Use Bylaw /05, as amended, or replaced from time to time; BUSINESS means carrying on a commercial or industrial undertaking of any kind or nature or nature or the provision of a professional, personal or other service and includes any activity carried on by an educational institution, municipality, or a charitable organisation; CANNABIS has the meaning given to that term in the federal Cannabis Act (Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, 1 st Sess, 42 nd Parl, 2017); BYLAW OFFICER means any duly appointed Bylaw Enforcement Officer of the Regional Municipality of Wood Buffalo or any member of the Royal Canadian Mounted Police; CHIEF ADMINISTRATIVE OFFICER has a meaning prescribed in the Municipal Government Act, as amended, or replaced from time to time; Attachment 6. Bylaw 1/015 Smoking and Vaping Bylaw (Cannabis Legalization) (g) (h) CHILD CARE FACILITY has a meaning prescribed in the Land Use Bylaw /05, as amended, or replaced from time to time; COMMUNITY RECREATION FACILITY has a meaning prescribed in the Land Use Bylaw /05, as amended, or replaced from time to time; { ;4} Packet Pg. 52

53 3.2.f (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) COUNCIL" has a meaning prescribed in the Municipal Government Act, as amended, or replaced from time to time; DRINKING ESTABLISHMENT" means a business where the primary purpose is the sale of alcoholic beverages for consumption on the premises and the secondary purposes of which may include entertainment, dancing, music, the preparation and sale of food for consumption on the premises, take-out food services and the sale of alcoholic beverages for consumption away from the premises; EDUCATIONAL SERVICE FACILITY has a meaning prescribed in the Land Use Bylaw /05, as amended, or replaced from time to time; ELECTRONIC SMOKING DEVICE means an electronic device that can be used to deliver a vapour, emission or aerosol to the person inhaling from the device, including but not limited to an electronic cigarette, cigar, cigarillo or pipe; EMPLOYEE means a person who i. Performs any work for, supplies any services or fulfills any contractual obligations to any employer; or ii. receives any instructions or training in the activity, business, work, trade, occupation or profession of the employer; EMPLOYER means any person who, as the owner, proprietor, manager, superintendent or overseer of any activity, business, work, trade, occupation or profession, has control over or direction of, or is directly or indirectly responsible for the employment of a person therein; LICENSED GAMING ESTABLISHMENT means any premises for which the Province of Alberta has a bingo licence or casino licence issued under the Gaming and Liquor Act; MUNICIPALITY means the Regional Municipality of Wood Buffalo; OUTDOOR PATIO means an area outside of a building intended for the consumption of food or beverages by patrons of a business providing such food or beverages, and includes i. a public premise where food or beverages are served that is not fully contained within an enclosed building; and ii. an outside extension of an eating or drinking establishment regardless of whether it is covered; OUTDOOR POOL means a structure that contains water which is designed and intended for recreational use, and includes a spray park or a wading pool; Attachment 6. Bylaw 1/015 Smoking and Vaping Bylaw (Cannabis Legalization) { ;4} Packet Pg. 53

54 3.2.f (s) (t) (u) OUTDOOR RECREATION FACILITY has a meaning prescribed in the Land Use Bylaw /05, as amended, or replaced from time to time; OUTDOOR SKATING RINK means an outdoor ice surface that is designed for recreational skating or playing hockey; PARK has a meaning prescribed in the Land Use Bylaw /05, as amended, or replaced from time to time; (v) (w) (x) (y) (z) PERSON includes an individual, business, proprietorship, corporation, society, non-profit organization, or government agency; PLACE OF WORSHIP means a development and any related meeting halls used for spiritual worship and related religious, charitable, educational or social activities; PLAYGROUND means an outdoor area upon which apparatus such as swings and slides are placed; PRIVATE CLUB means an enclosed place or premise that operates primarily for the benefit and pleasure of the members of a non-profit corporation or service club; PRIVATE RESIDENCE means a self-contained living premises for the 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, but does not include any portion of such area used as a workplace with the exception of a hotel room or motel room; (aa) PROPRIETOR means, in addition to the meaning prescribed in the MGA, where applicable i. the person who ultimately controls, governs or directs the activity carried on within any premises referred to in this Bylaw and includes the person usually in charge thereof; ii. a hospital board appointed pursuant to the Hospitals Act, R.S.A. 2000, C. H-12; iii. a board of governors established pursuant to the Post Secondary Learning Act S.A. 2003, C. P-15; or iv. a board of trustees elected pursuant to the provisions of the School Act, R.S.A. 2000, c. S-3; (bb) PUBLIC means any person other than the owner, lessee, proprietor or employer of a particular building or place; Attachment 6. Bylaw 1/015 Smoking and Vaping Bylaw (Cannabis Legalization) (cc) PUBLIC BUILDING means any enclosed building or structure as defined in this bylaw to which the public can and does have access by right or by invitation, whether or not i. all members of the public are invited; ii. the proprietor has the right to exclude any particular persons; { ;4} Packet Pg. 54

55 3.2.f (dd) (ee) (ff) iii. payment, membership or the performance of some formality is required prior to access; iv. the public has access to the building only at certain times, or from time to time; v. a member of the public has access only if they are a member or if they are accompanied by a member; vi. subject to subsections (vii) and (viii) below, if the public has access only to a portion of the building or structure, the entire building or structure shall be deemed to be a public building; Where a building includes a private residence, the following shall apply i. that portion of the building containing the private residence shall be deemed not to be a public building; ii. if a building contains two or more private residences, those common areas of the building, including washrooms, corridors, reception areas, elevators, escalators, foyers, hallways, stairways, lobbies, laundry rooms and enclosed parking garages, shall be deemed to be a public building; PUBLIC PLACE means any place to which the public has access, regardless of whether or not access is granted by means of membership or admission fees, and includes i. licensed gaming establishments; ii. drinking establishments; iii. restaurants; iv. outdoor patios; v. private clubs; vi. place of worship; vii. community recreation facility; viii. child care facility; ix. educational service facility; x. public transportation vehicles and public transportation property and all areas within 10 metres of public transportation property; xi. public buildings and all areas within 10 metres of an entrance or exit to a public building; xii. work places and all areas within 10 metres of an entrance or exit to a work place; xiii. outdoor recreation facility; and xiv. park. PUBLIC TRANSPORTATION VEHICLE" means a school bus, bus, taxi, limousine, or private for hire vehicle, airplane or other similar vehicle which is being used, or is subject to use, by a passenger or passengers for a fee; PUBLIC TRANSPORTATION PROPERTY means any premises owned, used or occupied by the Municipality for the purposes of providing transit services, including public transportation vehicle shelters; Attachment 6. Bylaw 1/015 Smoking and Vaping Bylaw (Cannabis Legalization) { ;4} Packet Pg. 55

56 3.2.f (gg) (hh) (ii) (jj) (kk) (ll) (mm) (nn) (oo) (pp) PUBLIC TRANSPORTATION VEHICLE SHELTER means any structure with a roof designed to protect a passenger from the elements while waiting for a school bus, bus, taxi, limousine, airplane or other similar vehicles; RESTAURANT means an enclosed place or premises, the primary purpose of which is the preparation and sale of food for consumption on the premises, the secondary purpose of which may include the sale of alcoholic or non-alcoholic beverages, takeout food services and catering. A restaurant does not include a drinking establishment, but does include any premises for which a Class A liquor license has been issued for the sale and consumption of liquor in premises open to the public, and where minors are not prohibited by the terms of the license; SKATE PARK means an outdoor area which is designed and intended specifically for the use of skateboards, in-line skates, or other similar devices; SMOKE or SMOKING means i. inhaling or exhaling the smoke produced by burning tobacco or cannabis; or ii. the carrying, holding or otherwise controlling of any lit smoking equipment, such as cigar, cigarette or pipe containing tobacco, cannabis or any other such substances; SPORTS FIELD means an outdoor area which is set apart and used for the playing of sporting activities; TRADITIONAL PIPE CEREMONIES means any cultural or religious ceremony involving pipes or the use or consumption of tobacco products; TOBACCO means 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 or VAPING means i. inhaling or exhaling the vapour, emissions or aerosol produced by an electronic smoking device or similar device containing tobacco, cannabis or any other substance; or ii. holding or otherwise having control of an electronic smoking device that is producing vapour, emissions or aerosol from tobacco, cannabis or any other substance; VIOLATION TICKET means a ticket issued pursuant to Part II of the Provincial Offences Procedure Act, R.S.A c. P-34, as amended or replaced from time to time, and regulations thereunder, and as referred to in Part 6 of this bylaw; WORKPLACE means any enclosed area of a building or structure in which an employee works and includes washrooms, corridors, lounges, eating areas, outdoor patios, reception areas, elevators, escalators, foyers, hallways, stairways, enclosed walkways, Attachment 6. Bylaw 1/015 Smoking and Vaping Bylaw (Cannabis Legalization) { ;4} Packet Pg. 56

57 3.2.f amenity areas, lobbies, laundry rooms and enclosed parking garages utilized by an employee. For clarification purposes i. a place is a workplace whether or not the employee is employed by the proprietor of the premises at which the employee works; ii. subject to subsection iv below, if an employee works in any portion of a building, the entire building shall be deemed to be a workplace; iii. home offices that employ non-residents or that require public access shall be deemed to be a workplace; and iv. any portion of a building that is used exclusively as a private residence, including a hotel room or a motel room shall not be deemed to be a workplace. 4. Where this Bylaw cites or refers to any act, regulation, code or other bylaw, the citation or reference is to the act, regulation, code or other bylaw as amended, whether amended before or after the commencement of this Bylaw, and includes reference to any act, regulation, code or other bylaw that may be substituted in its place. 5. Each provision of this Bylaw is independent of all other provisions and if any provision is declared invalid for any reason by a court of competent jurisdiction, all other provisions of this Bylaw remain valid and enforceable. 6. Nothing in this Bylaw relieves a person from complying with any provision of any federal, provincial or municipal law or regulation or any requirements of any lawful permit, order or license. PART 2 PROHIBITION 7. A person must not smoke or vape in any public place, a workplace, a public transportation vehicle or any public transportation property within the Municipality regardless of whether or not a No Smoking No Vaping sign is posted.. A proprietor and/or employer shall not permit smoking or vaping in public place, whether or not a 'No Smoking No Vaping ' sign is posted or visible.. A person must not smoke or vape in, on or within 10 metres of a) an entrance or exit to an educational service facility; b) an entrance or exit to a child care facility; c) An entrance or exit to a place of worship; d) an entrance or exist to a community recreation facility; e) outdoor pool; f) outdoor skating rink; g) playground; h) skate park; i) sports field; j) tennis court. Attachment 6. Bylaw 1/015 Smoking and Vaping Bylaw (Cannabis Legalization) { ;4} Packet Pg. 57

58 3.2.f 10. Every proprietor or employer of a public place shall a) ensure compliance with this Bylaw; b) prohibit smoking and vaping in the public place; and c) post 'No Smoking No Vaping ' signs in accordance with Part 3of this Bylaw. 11. Every proprietor or employer shall inform each employee that smoking and vaping are prohibited in the public place. 12. A proprietor or employer who takes, or ensures that, the following steps are taken shall be deemed to have complied with the obligation described in Section 10 a) advises a person who is smoking or vaping that smoking or vaping are not allowed and requests them to extinguish any lit tobacco or cannabis product, or electronic smoking device or other smoking equipment; b) asks any person who is smoking or vaping who refuses to comply with such a request to leave the premises; c) refuses to provide any further service to such person; and d) immediately reports to a Bylaw Officer any person who is smoking or vaping, and who refuses to extinguish any lit tobacco or cannabis product, electronic smoking device or other smoking equipment, and who refuses to leave the premises when requested to do so. 13. The proprietor or employer of a public place shall ensure that no ashtrays are placed or allowed to remain in any public place. 14. A proprietor or employer of a public place may, where sufficient space exists, ensure that ashtrays are placed more than 10 metres from the entrance or exit of the public place, if employees or members of the public, from time to time, gather to smoke in a location outside the public place. At all times, the ashtray must remain on the proprietor's and/or employer's property. 15. No person may dispose of ashes, butts or residue of tobacco or cannabis products in anything other than an ashtray, as defined within this Bylaw. Any person who does not comply with this Section is guilty of an offense. 16. No person shall smoke or vape inside any vehicle that is used as a public transportation vehicle, regardless of whether the vehicle is on or off duty. PART 3 SIGNS Attachment 6. Bylaw 1/015 Smoking and Vaping Bylaw (Cannabis Legalization) 17. The proprietor and/or employer of a public place shall ensure that signs are posted in a prominent, clearly visible location and in accordance with this Bylaw so as to clearly identify that smoking and vaping is prohibited. 1. The proprietor and/or employer of the public place shall ensure that a) signs are posted at all entrances to the public place; b) signs are posted at the entrance to each washroom; { ;4} Packet Pg. 5

59 3.2.f c) signs are posted in the vicinity of any seating area where food or beverages are sold or consumed; d) signs are posted at the entrance to or within in the vicinity of a park and outdoor recreation facility; and e) signs are posted on or in public transportation vehicle shelters. 1. The signs referred to in this Bylaw shall consist of graphic symbols that comply with the provisions contained herein. 20. The following graphic symbol, on a white background with the circle and the interdictory stroke in red, shall be used for reference purposes only to indicate the areas where smoking and vaping is prohibited pursuant to this Bylaw 21. The graphic symbol referred to in Section 20 shall include the text "Regional Municipality of Wood Buffalo Smoking and Vaping Bylaw". Text shall be a minimum of 1.3 centimetres in height and at no time will be less than one-quarter (1/4) of the height of all other letters of the sign. 22. The graphic symbol referred to in Section 20 shall include the text "No Smoking No Vaping". In letters at least fifty (50%) percent of the diameter of the circle or symbol, and of a letter height not less than 2.54 centimetres. 23. The lettering of signs may be in either upper or lower case or combination thereof, but the words "letter height", as used in Sections 21 and 22 shall mean the actual height of a letter whether it is in upper or lower case. Attachment 6. Bylaw 1/015 Smoking and Vaping Bylaw (Cannabis Legalization) 24. Notwithstanding that the graphic symbol in Subsection 20 is a cigarette and an electronic cigarette, it shall be deemed to include a reference to lit tobacco, cannabis and any other such product, any electronic smoking device and any other smoking or vaping equipment. { ;4} Packet Pg. 5