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HomeMy WebLinkAboutCLD-003-15 Clarington Clerk's Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: January 19, 2015 Report Number: CLD-003-15 Resolution Number: APP° -0 LA 'k - File Number: By-law Number: Report Subject: New Smoke Free Ontario Legislation Recommendations: 1. That Report CLD-003-15 be received for information; Municipality of Clarington Report CLD-003-15 Page 2 Report Overview This Report is presented in order to provide Council with an overview of the new "Smoke Free Ontario" legislation. As of January 1, 2015, the Ontario government has banned smoking on all restaurant and bar patios as well as at playgrounds and publicly owned sports fields. Regulations have also been amended to ban the sale of tobacco on college and university campuses. 1 . Background In May 2014, concerns were first brought to staff's attention concerning the negative effects second hand smoke on youth in playgrounds and sports fields. At the time staff undertook to review the by-laws of various other municipalities concerning smoking in outdoor facilities. During this review staff learned that the Provincial Government was preparing to implement new regulations on this matter. Effective January 1, 2015, the Province enacted changes to the Smoke Free Ontario Act. These amendments replace a patchwork of municipal regulations governing smoking on restaurant and bar patios. The Minister of Health has maintained that the new restrictions will not hurt businesses. When it first came into effect on May 31, 2006, the Smoke Free Ontario Act prohibited smoking in all enclosed workplaces and enclosed public places across Ontario. The ban included restaurants, bars, schools, private clubs, sports arenas, work vehicles, offices and entertainment venues, including casinos, bingo halls, bowling and billiard establishments. New Requirements The new legislation makes it illegal to: • smoke on and around children's playgrounds and publicly owned sport fields and surfaces (e.g., areas for basketball, baseball, soccer or beach volleyball, ice rinks, tennis courts, splash pads and swimming pools that are owned by a municipality, the province or a postsecondary education institution) • smoke on all bar and restaurant patios, whether covered or not (with an exemption for uncovered patios established by the Royal Canadian Legion — Ontario Provincial Command before November 18, 2013) • sell tobacco on university and college campuses (this applies to buildings that are owned and areas that are leased by a postsecondary institution or student union) Municipality of Clarington Report CLD-003-15 Page 3 By law, a person cannot smoke or hold lighted tobacco in any enclosed workplace, any enclosed public places and specifically designated outdoor places in Ontario. Smoking or holding a lighted tobacco in a place where it has been prohibited, makes you liable to charges and fines. All employers, owners and operators of such facilities, including the Municipality, must: • post "No Smoking" signs at all entrances, exits, washrooms and anywhere signs can be easily placed and seen • make sure that no one smokes or holds lighted tobacco in an enclosed workplace, public place, or area where smoking is banned • make sure that a person who does not comply leaves the premises • remove ashtrays (or any object that serves as one). Enforcement Local municipal law enforcement departments will no longer be involved in any enforcement activities related to smoking or tobacco sales. Enforcement of these new restrictions will be the responsibility of the various Health Departments, and in our case, the Durham Regional Health Department. Local public health units will carry out inspections and respond to complaints to enforce the Act. Signage Signs are the responsibility of the Durham Regional Health Department. The required signage has yet to be posted. It has only recently become available from the Health Department. The Ministry is providing no funding to municipal partners for the installation of signs but will provide the signs and the expectation is that municipalities will post the signs at their cost. In speaking to the Health Department, staff were advised that they will be contacting the municipalities across the Region next month to set up information sessions with the various Recreation, Operations, Community Services, Works and Enforcement departments to coordinate the implementation of the new law. 2. Concurrence This report has been reviewed by Fred Horvath, Director of Operations who concur with the recommendations. Municipality of Clarington Report CLD-003-15 Page 4 3. Conclusion With the increased transfer of responsibility for enforcement of this issue to the Regional Health Department, should the Municipal Law Enforcement Division of Clarington receive any complaints they will be directed or referred to the Health Department for their action. The Municipality will however be responsible for the installation and maintenance of the required signs, and will co-operate with the Health Department accordingly. The government of Ontario has stated that it is determined to have the lowest smoking rate in Canada. These changes will strengthen Ontario's ability to reduce kids' exposure to tobacco use in their daily lives. 4. Strategic Plan Application Not applicable. Submitted b y � � ` � ` ' Reviewed by: C. Anne Greent�ee Franklin Wu, Municipal Clerk Chief Administrative Officer Staff Contact: Len Creamer, Manager of Municipal Law Enforcement, 905-623-3379 ext. 2110 or (creamer @clarington.net There are no interested parties to be notified of Council's decision. CAG/Ic/mc