Bullying Bylaws in Alberta: An Overview
Introduction
To further investigate policies relating to bullying, an online investigation of Albertan
municipalities was completed. A total of 194 Albertan municipalities were scanned,
including cities, towns, specialized municipalities and municipal districts (Appendix A).
Of these districts, nine had bylaws that were pertinent to bullying (Table 1). Two
categories of bylaws exist, the first category is specific to the act of bullying, while the
second category of bylaw is a broader public behaviour bylaw that included sections
under which bullying parameters could be deduced or interpreted. Four municipalities
have a distinct anti-bullying or bullying bylaw and five municipalities have broader
public behaviour bylaws. Additionally, one municipality has an anti-bullying policy that
is not a formal bylaw, but is similar in both intent and scope.
Methodology
To determine which Albertan municipalities have developed anti-bullying bylaws,
municipal websites were systematically searched. Many municipal websites had web
pages devoted to local bylaws, which were then searched for relevant keywords including
bullying, harassment or public behaviour. A small proportion of municipalities do not
publicly display bylaws on their websites, but rather provide links to council minutes or
local newspapers. All linked documents were subsequently searched for relevant
information. In addition, voluntary bylaw libraries were searched for municipalities with
related bylaws including the Albertan Urban Municipalities Association and the
Municipal Excellence Network.
A brief summary of each municipal bylaw is included below. Detailed bylaws are
included in Appendix B.
Results
Summary of Bullying-Specific Bylaws
Rocky Mountain House: Bullying Bylaw 04/05V
Bullying is defined as real and threatened physical, verbal and emotional abuse in any
format (written or electronic), as well as stealing, extortion, and social out casting. All
persons who are involved in both indirect and direct forms of bullying, as well as the
bystanders who encourage them, are subject to fines, possible imprisonment or the single
opportunity to attend an anti-bullying session.
Pincher Creek: Bullying Bylaw 1556-05
Pincher Creek uses a comparable, inclusive definition of bullying, enforcing it as any
communication that causes a person, under reasonable circumstances, to feel bullied.
Additionally, those who encourage acts of bullying are also susceptible to punishment of
fines or imprisonment.
Municipal District of Provost: Bullying Bylaw No. 2149
This bylaw is very similar to the proceeding bylaws in definition, scope and punishment
and includes both the offenders of bullying as well as those that facilitate acts of bullying.
Mackenzie County: Anti-Bullying Bylaw 573/06
Bylaw 573/06 defines bullying similarly to other districts and further specifies that
bullying is used for maintaining a perceived imbalance of power. Mackenzie County
includes both the perpetrators and encouragers of bullying as offenders, punishable by
fines of $250-$1000, imprisonment or a one-time opportunity to attend an educational
anti-bullying session.
Summary of Broad Public Behaviour Bylaws That Encompass Bullying
Edmonton: 14614 Public Places Bylaw
Under Part II – Public Behaviours, Section 8 addresses bullying as any communication in
a public place, with a person under 18, that causes the person to feel harassed (under
reasonable circumstances). Definitions of “harassed” include feeling tormented, worried
and plagued. Offenders of bullying are punishable by fines.
Red Deer: Community Standards Bylaw 3383/2007
In addition to prohibiting fighting and the disturbance of neighbourhood peace, no person
shall participate in or encourage verbally or publicly bullying another person. Section 25,
regards bullying as direct or indirect verbal or physical abuse, name calling, or repeated
abusive communication through any medium. Perpetrators are subject to fines or
imprisonment.
Grande Prairie: Noise, Nuisance and Public Disturbances Bylaw C-1103
Section 6 of this bylaw prohibits the creation of public disturbance by fighting, shouting,
using insulting language or molesting any other person. Bullying is specifically addressed
in Section 10, which states that no person shall bully another person on public space or
through written or electronic communication and addresses the hazing of minors.
Bullying includes comments, conduct or display that one finds inappropriate or
objectionable, that is likely to cause distress and is directed at an individual of a separate
household. Perpetrators of Section 10 are subject to fines or have the option to attend an
educational anti-bullying session.
Slave Lake: Public Places Harassment Bylaw 17-2003
Bullying can be interpreted under Section 203 as the harassment of minors, whereby no
person can repeatedly communicate with any minor in a way that causes the minor to feel
tormented, troubled, worried or badgered. Fines for this offence are $250.
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High Prairie: Fighting and Intimidation Bylaw 14/2003
Section 3 of this bylaw prohibits the harassment of minors. The provision itself,
definitions and fines are identical to that of Slave Lake.
Summary of Bullying Policies
Hanna: Anti Bullying Policy 07-01
To promote a zero-tolerance policy throughout the community, this policy defines
bullying as a conscious, hostile and repeated behaviour caused by those intending to harm
others. This includes harassment, verbal, emotional or physical abuse, put-downs,
extortion, stealing and social out casting through any means of transmission. Engaging in
such behaviour will result in disciplinary action by the Town of Hanna administration,
where consequences are determined by the form and extent of bullying. The policy also
notes that RCMP will be notified in the event of behaviour that violates the Criminal
Code.
Table 1. Municipalities with by-laws or policies pertaining to bullying
Municipality
Mackenzie County
Rocky Mountain
House
Pincher Creek
Municipal District
of Provost
Edmonton
Red Deer
Grande Prairie
Slave Lake
High Prairie
Hanna
Population
(2007)
Bylaw/Policy
Bylaw No. 573/06 - Anti10,002 Bullying Bylaw
Date By-law/Policy
Was Instituted
February 28, 2007
April 20, 2004
7,231 Bylaw 04/05V
3,625 Bylaw NO. 1556-05
2,547 Bylaw 2149
Public Places Bylaw
730,372 14614, Section 8
85,705 Bylaw NO. 3383/2007
50,227 Bylaw C-1103
7,031 Bylaw NO. 17-2003
Bylaw 14/2003 - Fighting
2,836 Bylaw
2, 847 Policy 07-01
August 22, 2005
January 8, 2004
March, 2003
February 12, 2007
December 1, 2003
June 2003
November 12, 2003
November 13, 2007
Future Directions
Although most municipalities posted a comprehensive list of all bylaws on their web
sites, a few only displayed bylaws of frequent reference or importance, which may or
may not include bullying. An additional survey or scan may uncover bylaws in these
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municipalities with parameters that relate to bullying. Further, villages, summer villages
and improvement districts were not included in this scan.
Some of the existing bylaws place restrictions on the scope of bullying covered by the
policies, such as those applying only to individuals under the age of 18 or between
different households. Consequently, these bylaws are not enforceable in some situations,
such as adult bullying, workplace bullying and familial bullying. Indeed, there may be
other municipal bylaws that address these issues, or they may be covered under broader
provincial or federal policies. However, research into effects of age or bullying
restrictions in municipal bylaws is necessary.
Finally, the impact of anti-bullying bylaws on communities and individual behaviours is
unknown. An evaluation of these bylaws is needed to determine their effectiveness and
the extent to which they are implemented. An evaluation could address:
 Whether municipalities achieved their purpose by implementing these bylaws?
 How has the community’s experience with bullying changed?
 Has the incidence of bullying decreased?
A broad assessment of the enforcement, administration and public response of these
bylaws would not only allow refinements of the policy itself, but provide other
municipalities with valuable tools and knowledge as they consider implementing their
own bullying policies.
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APPENDIX A: List of Municipalities Scanned for Anti-Bullying Bylaws
CITIES (16)
Airdrie
Brooks
Calgary
Camrose
Cold Lake
Edmonton
Fort Saskatchewan
Grande Prairie
Leduc
Lethbridge
Lloydminster – Alberta side only
Medicine Hat
Red Deer
Spruce Grove
St. Albert
Wetaskiwin
SPECIALIZED MUNICIPALITIES (4)
Municipality of Jasper
Mackenzie County
Regional Municipality of Wood Buffalo
Strathcona County
MUNICIPAL DISTRICTS (64)
Acadia No. 34, M.D. of
Athabasca No. 12, County of
Barrhead No. 11, County of
Beaver County
Big Lakes, M.D. of
Bighorn No. 8, M.D. of
Birch Hills County
Bonnyville No. 87, M.D. of
Brazeau County
Camrose County
Cardston County
Clear Hills County
Clearwater County
Cypress County
Two Hills No. 21, County of
Vermilion River, County of
Vulcan County
Wainwright No. 61, M.D. of
Warner No. 5, County of
Fairview No. 136, M.D. of
Flagstaff County
Foothills No. 31, M.D. of
Forty Mile No. 8, County of
Grande Prairie No. 1, County
Greenview No. 16, M.D. of
Kneehill County
Lac La Biche County
Lac Ste. Anne County
Lacombe County
Lamont County
Leduc County
Lesser Slave River No. 124, M.D. of
Lethbridge, County of
Minburn No. 27, County of
Mountain View County
Newell No. 4, County of
Northern Lights No. 22, M.D. of
Northern Sunrise County
Opportunity No. 17, M.D. of
Paintearth No. 18, County of
Parkland County
Peace No. 135, M.D. of
Pincher Creek No. 9, M.D. of
Ponoka County
Provost No. 52, M.D. of
Ranchland No. 66, M.D. of
Red Deer County
Rocky View No. 44, M.D. of
Saddle Hills County
Smoky Lake County
Smoky River No. 130, M.D. of
Spirit River No. 133, M.D. of
St. Paul No. 19, County of
Starland County
Stettler No. 6, County of
Sturgeon County
Taber, M.D. of
Thorhild No. 7, County of
Drayton Valley
Drumheller
Eckville
Edson
Elk Point
5
Westlock County
Wetaskiwin No. 10, County of
Wheatland County
Willow Creek No. 26, M.D. of
Woodlands County
Yellowhead County
TOWNS (110)
Athabasca
Banff
Barrhead
Bashaw
Bassano
Beaumont
Beaverlodge
Bentley
Black Diamond
Blackfalds
Bon Accord
Bonnyville
Bow Island
Bowden
Bruderheim
Calmar
Canmore
Cardston
Carstairs
Castor
Chestermere
Claresholm
Coaldale
Coalhurst
Cochrane
Coronation
Crossfield
Crowsnest Pass
Daysland
Devon
Didsbury
Fairview
Falher
Fort Macleod
Fox Creek
Gibbons
Grande Cache
Granum
Grimshaw
Hanna
Hardisty
High Level
High Prairie
High River
Hinton
Innisfail
Irricana
Killam
Lacombe
Lamont
Legal
Magrath
Manning
Mayerthorpe
McLennan
Milk River
Millet
Morinville
Mundare
Nanton
Okotoks
Olds
Onoway
Oyen
Peace River
Penhold
Picture Butte
Pincher Creek
Ponoka
Provost
Rainbow Lake
Raymond
Redcliff
Redwater
Rimbey
Rocky Mountain House
Sedgewick
Sexsmith
Slave Lake
Smoky Lake
Spirit River
St. Paul
Stavely
Stettler
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Stony Plain
Strathmore
Sundre
Swan Hills
Sylvan Lake
Taber
Three Hills
Tofield
Trochu
Turner Valley
Two Hills
Valleyview
Vauxhall
Vegreville
Vermilion
Viking
Vulcan
Wainwright
Wembley
Westlock
Whitecourt
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APPENDIX B: Anti-Bullying Bylaws from Albertan Municipalities


High Prairie – site:
http://www.highprairie.ca/Bylaws/Bylaw%20142003%20Estab%20Fighting%20Bylaw.pdf
TOWN OF ROCKY MOUNTAIN HOUSE
BYLAW 04/05V
BEING A BYLAW IN THE TOWN OF ROCKY MOUNTAIN HOUSE, IN THE
PROVINCE OF ALBERTA, TO CONTROL AND REGULATE HARASSMENT AND
BULLYING OF MINORS AND OR PERSONS IN THE TOWN OF ROCKY
MOUNTAIN HOUSE.
WHEREAS Section 7(a) and (b) of the Municipal Government Act, R.S.A 2000, c. M26 authorize a municipality to pass bylaws respecting the safety, health and welfare of
people and the protection of people and property and respecting people, activities and
things in on or near public places.
NOW THEREFORE, the Council of the Town of Rocky Mountain House enacts as
follows:
This Bylaw may be cited as the “Bullying Bylaw”.
PART 1
DEFINITIONS
1. In this Bylaw:
a)
“Bullied” means “the harassment of others by the real or threatened
infliction of physical violence and attacks, racially or ethnically-based
verbal abuse and gender-based put-downs, verbal taunts, name calling and
put downs, written or electronically transmitted, or emotional abuse,
extortion or stealing of money and possessions and social out casting”.
b)
“Minor” means an individual under 18 years of age.
c)
“Peace Officer” means “a member of the Royal Canadian Mounted
Police, or a Special Constable appointed pursuant to the provisions of the
Police Act, Revised Statutes of Alberta, 2000, Chapter P-17 and all
amendments or successors thereto”.
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d)
“Public Place” means “any place, including privately owned or leased
property, to which the public reasonably has or is permitted to have
access, whether on payment or otherwise, within the corporate limits of
the Town of Rocky Mountain House”.
e)
“Violation Ticket” means “a violation ticket as defined in the Provincial
Offences Procedure Act”.
PART 2
ENFORCEMENT
No person shall, in any public place:
1.
2.
a)
Communicate either directly or indirectly, with any person in a way that
causes the person, reasonably in all the circumstances, to feel bullied.
b)
While not taking part in any action described in Part 2, Section 1(a),
encourage or cheer on, any person described in Part 2, Section 1(a).
Any person who contravenes Part 2, Section 1(a) of this Bylaw is guilty of an
offence punishable on summary conviction and is liable
a)
For a first offence, to a specified penalty of $250.00; and
b)
For a second, or subsequent offences, to a fine not exceeding $1,000.00;
and in default of payment of the fine and costs, to imprisonment for six
months.
3.
Any person who contravenes Part 2, Section 1(b) of this Bylaw is guilty of an
offence punishable on summary conviction and is liable
a)
for a first offence, to a specified penalty of $100.00; and
b)
for a second offence or subsequent offences, to a fine not exceeding
$250.00;
and in default of payment of the fine and costs, to imprisonment for six
months.
4.
If a Violation Ticket is issued in respect of an offence, Violation Ticket may:
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5.
a)
specify the fine amount established by this Bylaw for the offence; or
b)
require a person to appear in Court without the alternative of making a
voluntary payment.
A person who commits an offence, may;
a)
If a Violation Ticket is issued in respect of the offence; and
b)
If the Violation Ticket specifies the fine amount established by the Bylaw
for the offence
make a voluntary payment equal to the specified fine by delivering the
Violation Ticket and the specified fine to the Provincial Court Office
specified on the Violation Ticket.
This Bylaw shall come into effect on the day of its final reading.
READ a first time this 2nd Day of March, 2004.
READ a second time this 6th Day of April, 2004.
READ a third and final time this 20th day of April, 2004.
_____________________________
MAYOR
___________________________
TOWN MANAGER
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11
12
M.D. of Provost #52
BYLAW NO. 2149
Bullying Bylaw
Being a bylaw in the Municipal District of Provost No. 52, in the Province of Alberta, to
control and regulate harassment and bullying of minors in the Municipal District of
Provost No. 52.
Whereas the Municipal Government Act allows a municipality to pass bylaws and
delegate authority with respect to persons who harass and bully minors.
Now therefore, the Council of the Municipal District of Provost No. 52 enacts as follows:
THIS BYLAW MAY BE CITED AS THE BULLYING BYLAW
PART 1
DEFINITIONS
1. In this bylaw:
a. "Bullying" means the repeated and systematic intimidation or harassment
of others by the real or threatened infliction of physical violence and
attacks, racially or ethnically-based verbal abuse and gender-based putdowns, verbal taunts, name calling and put downs, written or
electronically transmitted, or emotional abuse, extortion of stealing of
money and possessions and social out casting.
b. "Minor" means an individual under 18 years of age.
c. "Peace Officer" means a member of the Royal Canadian Mounted Police,
or a Special Constable appointed pursuant to the provisions of the Police
Act, Revised Statutes of Alberta, 1980, Chapter P-12 and all amendments
or successors thereto.
d. "Public Place" means a highway, parkland, public bridge, road, lane,
privately owned or leased property, footway, square, court, alley or
passage, whether a thoroughfare or not; and includes any open space to
which the public have or are permitted to have access, whether on
payment or otherwise, that is owned by the Municipal District of Provost
or the Province of Alberta. Without limitation, this includes school
buildings and school property.
PART 2
2.
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3.
4.
5.
6.
a. No person shall, in any public place or any place to which the public
reasonably has access, communicate either directly or indirectly, with any
person in a way that causes the person, reasonably in all the
circumstances, to feel harassed or bullied.
b. No person shall, in any public place or any place to which the public
reasonably has access, while not taking part in any action described in
Section 2(a), encourage or cheer on, any person described in Section 2(a).
Any person who contravenes any of the provisions of this Bylaw is deemed to
have committed an offence and is liable upon summary conviction to
1. For a first offence, to a fine of Two Hundred and Fifty ($250.00) dollars,
(Part 2 Violation Ticket - Specified Penalty)
2. For a second, and subsequent offences, to a fine not exceeding One
Thousand ($1,000.00) dollars, or imprisonment for not more than 5 days,
or both. (Part 2 Violation Ticket - Mandatory Court)
Under this bylaw the minimum fine imposed on a person shall be $250.00 and the
maximum fine imposed on a person shall be $1,000.00.
A Peace Officer is hereby authorized and empowered to issue a Violation Ticket,
pursuant to Part II of the Provincial Offences Procedure Act, to any person, who
the Peace Officer has reasonable and probable grounds to believe has contravened
any provision of this Bylaw.
. Personally;
a. By leaving it for the defendant at his residence with a person on the
premises who appears to be at least 18 years of age;
Any person to whom a Violation Ticket has been issued with a specified penalty
may make voluntary payment in respect of the Violation Ticket by delivering the
Violation Ticket along with an amount equal to that specified for the offence as
set out in this Bylaw, to the Provincial Court office specified on the Violation
Ticket.
Read a first time this 13th day of November A.D., 2003.
Read a second time this 11th day of December A.D., 2003.
Read a third time and finally passed this 8th day of January A.D., 2004.
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16
17
18
CITY OF EDMONTON
BYLAW 14614
PUBLIC PLACES BYLAW
(CONSOLIDATED ON MARCH 25, 2008)
19
THE CITY OF EDMONTON
BYLAW 14614
PUBLIC PLACES BYLAW
Whereas, pursuant to section 7(a) of the Municipal Government Act, 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 Municipal Government Act, 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(i) of the Municipal Government Act, 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 following:
(i)
(ii)
the creation of offences;
for each offence, imposing a fine not exceeding $10,000 or imprisonment
for not
more than one year, or both;
(iii) providing for imprisonment for not more than one year for non-payment
of a fine
or penalty;
(iv)
providing that a person who contravenes a bylaw may pay an amount
established
by bylaw and if the amount is paid, the person will not be
prosecuted for the
contravention;
(v)
providing for inspections to determine if bylaws are being complied with;
and
(vi)
remedying the contraventions of bylaws;
PART I - PURPOSE, DEFINITIONS AND INTERPRETATION
PURPOSE
1
The purpose of this bylaw is to regulate the conduct and activities
of people in public places to promote the safe, enjoyable, and
reasonable use of such property for the benefit of all citizens of the
City
DEFINITIONS
2
In this bylaw, unless the context otherwise requires:
(a)
“City” means the City of Edmonton;
(b)
“City Manager” means the chief administrative officer of
the City;
(c)
“handbill” means printed material primarily advertising
20
goods or services;
RULES FOR
INTEPRETATION
3
(d)
“hotel” includes a motel, inn or any other similar
establishment providing temporary lodging;
(e)
“municipal tag” means a ticket alleging an offence issued
pursuant to the authority of a bylaw of the City;
(f)
“occupy” or “occupies” means residing on or to be in
actual or apparent possession or control of property;
(g)
“own” or “owns” means:
(i)
in the case of land, to be registered under the Land
Titles Act as the owner of the fee simple estate in a
parcel of land; or;
(ii)
in the case of personal property, to be in lawful
possession or have the right to exercise control over
it, or to be the registered owner of it;
(h)
“person” means any individual, firm, partnership,
association, corporation, trustee, executor, administrator or
other legal representative;
(i)
“property” means;
(i)
in the case of land, a parcel of land including any
buildings; or
(ii)
in other cases, personal property;
(j)
“public place” means any property, whether publicly or
privately 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
(k)
“violation ticket” has the same meaning as in the
Provincial Offences Procedure Act.
The marginal notes and headings in this bylaw are for reference
purposes only.
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PART II - PUBLIC BEHAVIOURS
LITTERING
4
A person shall not leave any garbage, litter or other refuse in a
public place except in a receptacle designed and intended for such
use.
URINATION AND
DEFECATION
5
A person shall not urinate or defecate in a public place except in a
facility designed and intended for such use.
DANGEROUS
ACTIONS
6
A person shall not throw or propel an object, or act in any other
way, in a public place that is reasonably likely to cause injury to
another person or damage to property
FIGHTING
7
A person shall not participate in a fight or other similar physical
confrontation in a public place.
BULLYING
8
(1) In this section “harassed” includes but is not limited to tormented,
troubled, worried, plagued or badgered.
(2) A person shall not, in a public place, repeatedly communicate,
cause or permit communication, either directly or indirectly, with
any person under 18 years of age in a way that causes the person,
reasonably in all the circumstances, to feel harassed.
WEAPONS
9
(1) A person shall not possess any loaded weapon, capable of
launching or firing a projectile, in a public place.
(2) A person shall not cause or permit a weapon to launch or fire a
projectile in a public place.
HANDBILLS
10 (1) A person shall not distribute, cause or permit the distribution of a
handbill in a hotel.
(2) This section does not apply unless:
(a)
the person has been given notice by the proprietor or
someone acting on behalf of the proprietor of the hotel not
to distribute handbills, or
(b)
signs prohibiting the distribution of handbills are visibly
displayed at each of the entrances normally used by
members of the public to enter the hotel.
(3) In a prosecution for a contravention of this section, the court may,
in the absence of evidence to the contrary, infer that a person
distributed, caused or permitted the distribution of a handbill from
the fact that the goods or services of the person are advertised in
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the handbill.
PART III - SMOKING
DEFINITIONS
11
In this Part:
(a)
“building” means an enclosed or substantially enclosed
building or structure and without limiting the generality of
the foregoing includes any bus shelter or rail platform;
(b)
“patio” means an area outside of a building intended for
the consumption of food or beverages by patrons of a
business providing such food and beverages;
(c)
“public vehicle” means a bus, taxi or other vehicle that is
used to transport members of the public for a fee;
(d)
“smoke” or “smoking” means to smoke, hold or otherwise
have control over an ignited tobacco product;
(e)
“tobacco product” means a product manufactured from
tobacco and intended to be smoked including but not
limited to a cigarette or a cigar; and
(e.1) “window” means a window that can be opened to admit air;
(f)
Repealed.
(S.2(a,b), Bylaw 14877, March 25, 2008)
GENERAL
SMOKING
PROHIBITION
12
Except as permitted by this Part, a person shall not smoke:
(a)
inside a building;
(b)
on a patio;
(c)
inside a public vehicle; or
(d)
within five metres from a doorway, window or air intake of
a building or patio.
(S.3, Bylaw 14877, March 25, 2008)
OWNER
OBLIGATIONS
13
A person who owns or occupies a place where smoking is
prohibited by this Part shall not permit any individual to smoke in
that place.
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PRIVATE
RESIDENCES
WORKPLACE
EXCEPTION
14
15
Nothing in this Part prohibits a person from smoking in an area of
a building designed, intended and used exclusively as a private
residence.
Repealed.
(S.4, Bylaw 14877, March 25, 2008)
LEGISLATIVE
EXCEPTION
16 (1) Subject to the provisions of this section, a person who owns or
occupies a place where smoking is otherwise prohibited by this
Part may permit smoking in that place when smoking is permitted
pursuant to provincial or federal legislation or powers exercised
pursuant to such legislation.
(2) If smoking is permitted pursuant to this section, the person who
owns or occupies shall ensure that:
(a)
smoke does not enter any place where smoking is
prohibited;
(b)
signage is clearly and prominently at each entrance to a
place where smoking is permitted indicating that smoking
is permitted inside; and
(c)
no person under 18 years of age is allowed to enter or
remain in a place where smoking is permitted.
(S.5, Bylaw 14877, March 25, 2008)
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PROOF OF
EXCEPTION
17
The burden of proving that an exception applies in a particular case
is on the person alleging such exception on a balance of
probabilities.
PROSECUTIONS
18 (1) In a prosecution for a contravention of this Part, it is not necessary
that a witness testify to the precise description, kind, brand or
name of the tobacco product possessed, smoked or consumed.
(2) In a prosecution for a contravention of this Part, the court may, in
the absence of evidence to the contrary, infer that the product
smoked was a tobacco product from the fact that a witness
describes it by a name that is commonly used to describe a tobacco
product
PART IV - ENFORCEMENT
OFFENCE
19
A person who contravenes this bylaw is guilty of an offence.
CONTINUING
OFFENCE
20
In the case of an offence that is of a continuing nature, a
contravention constitutes a separate offence in respect of each day,
or part of a day, on which it continues and a person guilty of such
an offence is liable to a fine in an amount not less than that
established by this bylaw for each such day.
VICARIOUS
LIABILITY
21
For the purposes of this bylaw, an act or omission by an employee
or agent of a Person is deemed also to be an act or omission of the
person if the act or omission occurred in the course of the
employee’s employment with the person, or in the course of the
agent’s exercising the powers or performing the duties on behalf of
the person under their agency relationship.
CORPORATIONS
AND
PARTNERSHIPS
22 (1) When a corporation commits an offence under this bylaw, every
principal, director, manager, employee or agent of the corporation
who authorized the act or omission that constitutes the offence or
assented to or acquiesced or participated in the act or omission that
constitutes the offence is guilty of the offence whether or not the
corporation has been prosecuted for the offence.
(2) If a partner in a partnership is guilty of an offence under this
bylaw, each partner in that partnership who authorized the act or
omission that constitutes the offence or assented to or acquiesced
or participated in the act or omission that constitutes the offence is
guilty of the offence.
FINES AND
PENALTIES
23 (1) A person who is guilty of an offence is liable to a fine in an
amount not less than that established in this section, and not
exceeding $10,000.00, and to imprisonment for not more than six
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months for non-payment of a fine.
(2) Without restricting the generality of subsection (1) the following
fine amounts are established for use on municipal tags and
violation tickets if a voluntary payment option is offered:
(a)
$250.00 for any offence for which a fine is not otherwise
established in this section; or
(b)
Repealed
(S.2(1), Bylaw 14753, February 13, 2008)
(c)
$500.00 for any offence under section 5, 7, 9, and 13; and
(S.2(2), Bylaw 14753, February 13, 2008)
(d)
double these fine amounts for any subsequent offence.
(3) A subsequent offence means an offence committed by a person
within one year after that person has already been convicted of the
same offence or has voluntarily paid a fine for the same offence
MUNICIPAL TAG
24
If a municipal tag is issued in respect of an offence the municipal
tag must specify the fine amount established by this bylaw for the
offence.
PAYMENT IN
LIEU OF
PROSECUTION
25
A person who commits an offence may, if a municipal tag is issued
in respect of the offence, pay the fine amount established by this
bylaw for the offence and if the amount is paid on or before the
required date, the person will not be prosecuted for the offence.
VIOLATION
TICKET
26
If a violation ticket is issued in respect of an offence, the violation
ticket may:
VOLUNTARY
PAYMENT
27
(a)
specify the fine amount established by this bylaw for the
offence; or
(b)
require a person to appear in court without the alternative
of making a voluntary payment.
A person who commits an offence may:
(a)
if a violation ticket is issued in respect of the offence; and
(b)
if the violation ticket specifies the fine amount established
by this bylaw for the offence;
make a voluntary payment equal to the specified fine.
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ORDER TO
COMPLY
28 (1) If the City Manager believes, on reasonable grounds, that a person
is contravening any provision of this bylaw, the City Manager
may, by written order, require any person responsible for the
contravention to remedy it.
(2) The order may:
(a)
direct a person to stop doing something, or to change the
way in which the person is doing it;
(b)
direct a person to take any action or measures necessary to
remedy the contravention of the bylaw and, if necessary, to
prevent a re-occurrence of the contravention;
(c)
state a time within which the person must comply with the
directions;
(d)
state that if the person does not comply with the directions
within a specified time, the City will take the action or
measure.
(3) A person named in and served with an order issued pursuant to this
section shall comply with any action or measure required to be
taken within the time specified.
(4) An order issued pursuant to this section may be served:
(a)
in the case of an individual:
(i)
by delivering it personally to the individual;
(ii)
by leaving it for the individual at their apparent
place of residence with someone who appears to be
at least 18 years of age; or
(iii)
by mail addressed to the individual at their apparent
place of residence or at any address for the
individual on the tax roll of the City or at the Land
Titles registry;
or;
(b)
in the case of a corporation:
(i)
by delivering personally to any director or officer of
the corporation;
(ii)
by delivering it personally to any person apparently
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in charge of an office of the corporation at an
address held out by the corporation to be its
address; or
(iii)
by mail addressed to the registered office of the
corporation.
PART V - GENERAL
POWERS OF THE
CITY MANAGER
29
Without restricting any other power, duty or function granted by
this bylaw the City Manager may:
(a)
carry out any inspections to determine compliance with this
bylaw;
(b)
take any steps or carry out any actions required to enforce
this bylaw;
(c)
take any steps or carry out any actions required to remedy a
contravention of this bylaw;
(d)
establish areas where activities otherwise regulated,
restricted or prohibited by this bylaw are permitted;
(e)
establish forms for the purposes of this bylaw; and
(f)
delegate any powers, duties or functions under this bylaw
to an employee of the City.
OBSTRUCTION
30
A person shall not obstruct or hinder any person in the exercise or
performance of the person’s powers pursuant to this bylaw.
CERTIFIED COPY
OF RECORDS
31
A copy of a record of the City, certified by the City Manager as a
true copy of the original, shall be admitted in evidence as prima
facie proof of the facts stated in the record without proof of the
appointment or signature of the person signing it
NUMBER AND
GENDER
REFERENCES
32
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.
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PART VI - TRANSITIONAL
REPEALS
EFFECTIVE DATE
33
34
The following bylaws are repealed:
(a)
Bylaw 7608, the Public Places Bylaw;
(b)
Bylaw 11869, the Handbill Bylaw; and
(c)
Bylaw 13333, the Smoking Bylaw.
This bylaw takes effect beginning on April 1, 2008.
29
(NOTE: Consolidation made under Section 69 of the Municipal Government Act, R.S.A.,
2000,
c. M-26 and Bylaw 12005, and printed under the City Manager's authority)
Bylaw 14614, passed by Council May 22, 2007
Amendments:
Bylaw 14753, February 13, 2008
Bylaw 14877, March 25, 2008
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