Federal legislation will legalize cannabis possession effective October 17, 2018 in Canada. In preparing for this date, the Alberta Government updated the Gaming and Liquor Act to become the Gaming, Liquor and Cannabis Act in November 2017.
The Act prohibits the smoking and vaping of cannabis in any place where tobacco is restricted per the Alberta Tobacco and Smoking Reduction Act, in addition to certain types of property, including hospitals, sports fields, playground, and more. Through bylaw, Alberta municipalities may create additional restrictions on public consumption, which the City of St. Albert and other municipalities across Alberta have undertaken in advance of October 17th.
Section 89 of the Gaming, Liquor and Cannabis Act provides detailed regulations regarding the consumption of liquor in public places:
89 (1) Except as provided in this Act, no person may use or consume liquor in a public place or any place other than a residence, temporary residence, licensed premises or a place or class of place prescribed in the regulations where liquor may be used or consumed.
Section 89 also allows some permissions for liquor consumption in public parks or picnic areas, if designated by the owner as permissible, and if the liquor is consumed with food. Many other Canadian Provinces and Territories have implemented legislation that treats the public consumption of cannabis very similar to Alberta’s approach to liquor consumption, per the above, including: Saskatchewan, Manitoba, Ontario, Newfoundland and Labrador, Prince Edward Island, New Brunswick, Nunavut, and the Yukon.
Given the looming legalization date, the pace at which cannabis legalization across Canada has been implemented, and that many Alberta municipalities received public feedback on cannabis legalization after the May 31st, 2018 Resolution deadline to inform municipal bylaw amendments, the City of St. Albert believes this topic meets the AUMA’s criteria for an extraordinary resolution.
Multiple public engagement surveys conducted by Alberta municipalities indicated a significant degree of opposition to the public consumption of cannabis, and also indicated that Albertans preferred an approach similar to alcohol than smoking, when asked.
While the City of St. Albert appreciates the Province of Alberta enabling local decision-making regarding the public consumption of cannabis, the City is concerned that consumption is being approached by the Province too much like smoking, and not enough like the regulation of alcohol, given the intoxicating effects of both substances. Moreover, the pace of this process has not allowed for effective inter-municipal approaches to consumption, which may create unintended consequences at the regional or provincial level. Therefore, provincial action is required in this respect.
As an example, within the Edmonton Metropolitan Region alone, there are significant discrepancies amongst municipal neighbours regarding cannabis consumption regulations. While St. Albert has instituted a complete public consumption ban, Stony Plain and Leduc have specified a ban on smoking/vaping of cannabis in public places; Fort Saskatchewan will allow smoking/vaping in areas as designated by signage; Edmonton may allow within 30 meters of playgrounds, spray parks, sports fields; Strathcona County intends to ban the smoking/vaping of cannabis in places that include patios, theatres, events/markets, hotel rooms and swimming pools/spray parks. While many of these Bylaws have not received 3rd Reading at the time of this Resolution, this showcases a microcosm of differing approaches that will likely serve to confuse Albertans.
The City of St. Albert sees this request as consistent with previous AUMA advocacy efforts, whereby in their October 27, 2017 submission to the Minister of Justice and Solicitor General, the AUMA supported the Province enacting a provincial-wide ban on public consumption, but to allow municipalities to permit consumption in certain designated areas, as well as in specially licensed bars or lounges, should they choose.
Specifically, the City of St. Albert proposes that the AUMA request that the Government of Alberta undertake appropriate legislative changes to the Alberta Gaming, Liquor and Cannabis Act to ensure a consistent approach to cannabis and liquor consumption is implemented across the Province, with a ban on cannabis consumption in public places unless otherwise specified.