HomeMy WebLinkAboutPD-65-90 TOWN OF NEWCASTLE
REPORT File # lo , /S
Res. #
.44 By-Law #
SING: General Purpose and Administration Committee
DATE: February 5, 1990
REPORT #: PD- 65 -90 FILE #:
S[jgJECT: BY-LAW TO RESTRICT SMOKING
IN MUNICIPAL BUILDING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 65 -90 be received;
2 . THAT the attached By-law, being a by-law to restrict smoking
in municipal buildings, be APPROVED;
3 . THAT the Director of Community Services be authorized to post
appropriate signage on all municipal buildings; and
4 . THAT the Treasurer circulate the by-law to all employees
through payroll distribution.
REPORT:
1. Smoking in the Workplace Act received Royal Assent on July 26,
1989 . This Act generally prohibits smoking in an enclosed
workplace and an employer may designate one ( 1) or more locations
in an enclosed workplace "Smoking Areas" .
. . .2
X99 � G
REPORT NO. : PD- 65-90 PAGE 2
2 . Currently, smoking is governed by By-law No. 80-86 which, when
applies to municipal buildings, could be interpreted as such that
smoking is allowed everywhere except at reception area. The
current policy within the Townhall means all private offices and
the lunch room are designated smoking areas. There have not been
any major complaints about our current policy. However, persons
who do not have a private office may consider such policy
discriminatory. Further, unless adequate ventilation is provided
in the Lunch Room, it may deter the non-smokers from using the
Lunch Room for that purpose.
3 . As a result of the Smoking in the Workplace Act, it is necessary
to review the existing policy to ensure that the Town is not
contravening Provincial legislation.
4 . The issue of smoking in the workplace has been discussed at length
on several occasions at the Administrative Meetings among the
Department Heads and the Administrator. It was generally agreed
that the Town should follow the footstep of many other
municipalities to create a smoke-free environment within its
workplace. The option of designating smoking areas was discussed
but ruled out for the reasons stated in Paragraph 2 .
5. In order to implement a smoke free working environment, the
municipality must pass a by-law pursuant to the provision of
Smoking in the Workplace Act. In drafting this by-law, Staff feel
that it will be discriminatory to declare only Town Hall as a smoke
free place. As a result, the by-law will cover all buildings,
structures, and vehicles owned or leased by the Town. Buildings
such as the Recreational Complex, Fitness Centre, Depots,
Firehalls, etc . will all be covered by the By-law.
...3
599 40
REPORT NO. : PD- 65 -90 PAGE 3
6 . As the legislation only deals with smoking in the workplace, the
by-law provides for exemption to private functions held within
municipal premises such as wedding receptions, parties, private
meetings, etc . which are not considered as workplace for the Town's
employees .
7 . Upon passage of the by-law, all employees will be notified and
appropriate signage will be posted at prominent entranceways to all
municipal buildings.
8. The effective date of the By-law will be MONDAY, APRIL 2, 1990.
This would afford these smoking employees sufficient time to kick
the habit as well as to allow time to order and install the
necessary signage.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. L rence E otseff, M.C. I.P.
Director of Planning Chief Adm' 'strative Officer
and Development
FW*jip
19 January 1990
599 41
CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NO,
being a By-law to restrict smoking in Municipal Buildings
WHEREAS Section 2(1)of An Act to Restrict Smoking in Workplaces prohibits smoking
in an enclosed workplace;
WHEREAS Section 11(3) of the said Act permits an employer to prohibit smoking in
a workplace;
WHEREAS the Council of the Town of Newcastle deems it necessary to create a smoke-
free environment in all of its buildings, structures and vehicles;
NOW THEREFORE the Council of the Town of Newcastle enacts as follows:
1. All buildings, structures,and vehicles, owned,leased or rented by the Town of
Newcastle, and are used by the Town's employees in performing their works,
are hereby designated as non-smoking areas save and except private functions
such as weddings, parties, receptions, meetings, etc. where the Town's
employees are not participant to such function during working hours.
2. Any person, who contravenes this By-law is guilty of an offence, and on
conviction, is liable to a fine of not more than$600.00.
3. This By-law shall be enforced by an Inspector appointed under the Occupational
Health and Safety Act and/or by the Town's By-law Enforcement Officer.
4. Where the provisions of any other by-law resolution or action of Council are in
consistent with the provisions of this by-law, the provisions of this by-law shall
prevail.
6. This By-law shall come into full force and effect on the 2nd day of April, 1990.
BY-LAW read a first time this day of , 1990
BY-LAW read a second time this day of , 1990
BY-LAW read a third time and finally passed this day of , 1990.
MAYOR
CLERK
:D.99' 42