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Home My WebLink AboutCLD-08-02 r ~i ~.. ---- CJNJl1gtoo REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: FEBRUARY 18, 2002 Report #: CLD-08-02 File 00 c;: C;JIl-{JZG-O ~ By-law #: Subject: SMOKING BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-08-02 be received; 2. THAT the Region of Durham be advised that the Municipality of Clarington supports the Region of Durham passing a Region-wide by-law regulating the smoking of tobacco in public places and workplaces; 3. THAT the position of the Town of Ajax Council be endorsed by the Council of the Municipality of Clarington; and 4. THAT the interested parties listed and the Town of Ajax be advised of Council's decision. Submitted by ~~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*LC*ct CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE. ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1106 . .,...-" REPORT NO.: CLD-oS-o2 PAGE 2 of 5 BACKGROUND The Region of Durham has requested the Area Municipalities to advise them by February 28, 2002 if they approve of Regional Council passing a Region-wide by-law regulating the smoking of tobacco in public places and workplaces. The Municipal Act requires that a majority of Area Municipalities approve the passage of the by-law for the Region to be able to apply it Region- wide. In 1993 Clarington passed a by-law regulating smoking in public places. This by-law had been developed following consultation with various interest groups including restaurant and tavern owners. The by-law prohibits smoking in any service line or counter, in any elevator, escalator or stairway, in any transport vehicle, in the common areas of any shopping mall (with certain exceptions for food premises), in any hospital or health care facility or any washroom. The by-law also prohibits smoking in any public portion of any financial institution, school, concert hall, gallery or theatre, day care centre, hair dressing salon or barber shop, laundromat or retail shop. The area of major concern at the time was eating establishments. After lengthy meetings with the industry, a formula was arrived at which increased the required "No Smoking" areas in restaurants to 75% over three years. In the case of licenced establishments, the seating area devoted to non-smoking was dependant on the amount of liquor sold after 8:30 p.m. If the total liquor sales exceeded 70% of total sales, then only 30% of the seating area had to be devoted to non-smoking. If the total liquor sales were less than 70%, the same rules applied as for unlicenced premises and the seating area was set at 75%. The by-law placed responsibility for compliance on the proprietor and allowed for private prosecution of infractions. Staff have received only a few complaints and yet have noted that voluntary compliance has been spotty at best. Total non-smoking initiatives at establishments such as Tim Horton's, McDonald's and other major chains have been decisions that are 1107 .- REPORT NO.: CLD-oS-o2 PAGE 3 OF 5 corporate wide and not in response to Clarington's By-law. The by-law has been observed more in its breach than in its compliance. In the nine years since passage of the by-law, public attitudes concerning smoking have changed and continue to change. Several municipalities in the province, particularly Toronto, Peterborough, York Region, Mississauga, Hamilton Waterloo Region and Ottawa have banned smoking in restaurants and bars. Concerns over the demonstrated effects of second hand smoke have increased public awareness. The net result is that now the Region is revisiting the issue of smoking by-laws. OPTIONS There are several options for the Municipality at this time: 1. Maintain the current by-law and make no changes. 2. Amend the current by-law. This would require a major reworking of the by-law. 3. Adopt a regional model for our by-law, This would be subject to local limits and modifications. 4. Agree to a regional by-law which would apply to all area municipalities. The first option has the potential to put Clarington out of step with the rest of the Region should other municipalities amend or change their by-laws. This would also ignore the petitions and concerns raised by interested parties. While options 2 and 3 could address specific local concerns, there is the potential to create an uneven playing field for restaurants and taverns if Clarington were to adopt more restrictive rules than other municipalities in the Region. The only approach that would allow for fair and equitable treatment for all concerned is to agree to a regional by-law to apply to all municipalities. This creates one source of authority and rules for all concerned. Consideration has to be given to the idea that new and potentially more restrictive rules have to be followed up and enforced or they are useless. Any enforcement actions need to be uniform across the Region. Whether officers working for the Health Department or another 1108 -- REPORT NO.: CLO.()S.()2 PAGE 4 OF 5 unit specifically established to deal with this issue actually do this enforcement is a matter for further discussion. In a report to the Town of Ajax's Council of February 11, 2002, staff strongly urged that there be a thorough public consultation process including at least one (1) public meeting within the Municipality and involving those industries and businesses which would be most strongly affected. Municipal staff concurs with this recommendation. Attached for Council's reference is a copy of the Ajax Town Council resolution. Both the Region of Halton and the Ontario Charitable Gaming Association have raised concerns over smoking restrictions in bingo halls. This issue can be addressed through the Regional By-law and is yet another example of the ability of a Regional by-law to create a level playing field for all involved. Concerns have been raised that sports bars and taverns would be put out of business by a smoking by-law which would force their smoking patrons to go elsewhere. As stated earlier, there are now smoking restrictions in Toronto, York Region and Peterborough. The threat of going elsewhere is losing its value when there are few if any alternatives for the customer. Attachments: Attachment 1 - Letter from the Clerk, Town of Ajax to Regional Clerk, Regional Municipality of Durham Interested parties to be advised of Council's decision: CAW Durham Regional Environment Council Dave Renaud, President 1425 Phillip Murray Avenue Oshawa, ON L 1 J 8L4 Ontario Charitable Gaming Association Lynn Cassidy, Executive Director 20 Redmount Road Toronto, ON M3H 2A3 1 ! 09 I ~ REPORT NO.: CLO-oa-02 PAGE 5 OF 5 Canadian Cancer Society East Durham Unit Terry McCart, President 172 King St., East Suite 30 Oshawa, ON L 1 H 1 B7 De-Ka Home Entertainment Inc. Bob Wing, President Bowmanville Mall 243 King St., East Bowmanville, ON L 1C 3X1 JPs Sport Bar 789 King St., East Newcastle, ON L 1 B 1 K8 Bonnie & Gordon Wires 12 Firwood Avenue Courtice, ON L 1 E 1 P6 Diane Ploss 173 Elizabeth Crescent North Whitby, ON L 1 N 3S2 Chris Van Demark Ch ris, vandemark\alsvmpatico,ca Evelyn Stroud 89 Little Avenue Bowmanville, ON L 1 C 1 J9 Katherine Hastings 42 Stratton Crescent Whitby, ON L 1 R 1 V4 Town of Ajax Martin de Rond, Clerk 65 Harwood Ave., South Ajax, ON 1 10 f . (905) 619-2529, exl. 336 (905) 683-1061 derond@townofajax,com ATTAClIMENT 1 February 12, 2002 P. M. Madill Regional Clerk Regional Municipality of Durham P.O. Box 623 605 Rossland Road East Whitby, Ontario LlN 6A3 Dear Ms. Madill: Re: "No Smoking" By-law Upon review of the recent proposal by Regional Council, the following resolution was passed by Ajax Town Council at its meeting held February II, 2002: "That the Council of the Regional Municipality of Durham be advised that the Council ofthe Town of Ajax approves, in principle, of the Regional Council passing a Region-wide By-law regulating the smoking of tobacco in public places and workplaces, subject to the following conditions: That, prior to Ajax giving final approval to allow a Region-wide By-law regulating the smoking oftobacco, the Regional Municipality of Durham complete a thorough public consultation process, including at least one public meeting in Ajax, with particular emphasis on notifYing and consulting with those industries and businesses as directed by the Town of Ajax that are most likely to be affected by stricter regulations; and, That, following this consultation, a draft Region-wide By-law be circulated to local municipalities upon which the local municipalities will then decide whether to assign this responsibility to the Region; and, That the Regional Municipality of Durham confirm in writing that, should the Region be granted the authority to pass a Region-wide By-law, that the Region of Durham Health Department be responsible for any and all promotion and enforcement of the new regulations; and, 11 That all Durham Region municipalities be notified of this resolution." Ajax Council urges all Durham municipalities to endorse the approach outlined in this resolution. We trust that this will receive your immediate attention and we look forward to your response, Sincerely, M, de Rond Clerk los cc All Durham Municipalities Dr, Kyle, Commissioner and Medical Officer of Health The Youth Centre Attn: Dr, Leanne Kerr Canadian Cancer Society, East Durham Unit Attn: Joan Skelton Council for a Smoke-Free Durham clo Joan Skelton Larry Brown 1 12