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Home My WebLink AboutCL 03-02 016 Cl.h¡ o~ j, ~' I,"""'" ~J=~- ~ ~r~ REPORT TO COUNCIL FROM: Bruce Taylor, AMCT, CMM City Clerk DATE: February 4, 2002 REPORT NUMBER: CL 03~02 - SUBJECT: Regulate Smoking in Public Places and Workplaces RECOMMENDATION: 1. That the letter dated January 23, 2002 ITom the Clerk of the Regional Municipality of Durham regarding a resolution passed by the Council of the Region regarding the regulation of smoking in public places and workplaces be received. 2. That the Council of the Regional Municipality of Durham be advised that the Council of the City of Pickering approves of the Regional Council passing a Region-wide by-law regulating the smoking oftobacco in public places and workp41ces. ORIGIN: Letter ITom the Region of Durham dated January 23, 2002 -. AUTHORITY: Section 213 ofthe Municipal Act FINANCIAL IMPLICATIONS: Not applicable EXECUTIVE SUMMARY: The Regional Council is asking all area municipalities if they approve of the Regional Council passing a Region-wide by-law regulating the smoking of tobacco in public places and workplaces. This request is in response to a resolution passed by Pickering Council on June 25, 2001 asking the Region to enact a Region-wide by-law to regulate the smoking of tobacco in public places and workplaces. - BACKGROUND: Please find attached to this Report a copy of a letter ITom the Clerk of the Regional Municipality of Durham advising of a resolution passed by the Regional Council requesting the area municipalities to advise the Regional Council if they approve of the Regional Council passing a Region~wide by-law regulating the smoking oftobacco in public places and workshops. Report to Council CL 03-02 Date: February 4, 2002 017 Subject: Regulate Smoking in Public Places and Workplaces Page 2 Also attached to this letter is a copy of a Report to the Regional Council by the Commissioner and Medical Officer of Health respecting the issue of smoking in public places and workplaces. The resolution that was passed by the Regional Council is in response to the resolution passed by Pickering Council on June 25, 2001, which reads as follows: - 1. That Clerk's ReportCL 25-01 regarding the regulation of smoking in public places and workplaces be received; and 2. That pursuant to Section 213(14) of the Municipal Act, the Council of the Regional Municipality of Durham be requested to undertake the enactment of a by-law to regulate smoking in public places and workplaces subject to the approval of the area municipalities. As noted in the resolution passed by the Regional Council, if a majority of the area municipalities approve of the Region passing a by-law, then public consultations will be held to receive input &om residents and affected businesses across the Region. These public consultations will be lead by the Health and Social Services Committee. . ATTACHMENTS: 1. Letter &om Regional Clerk dated January 23, 2002 - Prepared By: , ~{ Bruce Taylor c Attachments Recommended for the consideration of Pickering City Council .' - 018 . 1111---- - , , ",' " " CITY OF PICKERING, ATTACHMENT#L,TOREPORT~Cl-"O) '()Î--\.IAN2 8,2002 ',' , , , , CLERK'S 'DIVISION Jçmuâry 23",2002 , 1hlsletter has been fotwarde9 , to the Area Clerks and MPP's The Regional Municipality of Durham - , , , Mr,' B. Taylor Clerk' City of Pickering 605 ROSSLAND ROAD E. '1 'The Esplanade," P.O, BOX 623 WHITBY, ON L 1 N 6A3 Pickering, Ontario L 1 V6t(7 ' , (905) 668-7711 " " ' " ,,' " Fax: (905) 668-9963 ",,' , ' , ,'. ' ',www.clerk?@region,dlirham.orÙa, '(CC#2001'-255)'fr~,tn the CoUncil of the City,of Pi~kering : , J2001;',."OHi.22) - OurEjle:,CO3-00X, P1Ó~O ',,' " " Pat M. Madill, A.M.C.T., CMM I Regional Clerk' ,~Ierk'$ Department Mr. Taylor, the H~éilth and Spcial Ser\lice~Comrnitteeof Regional Council ' considered the above,matter:and afå'mef;3ting held oriJanuary'23,2002, " Côuncil adopted the foIlÖwingr~commeriQation$of ,the Committee:' , ' . ' "a) 'THAT Council Correspondence #2001-25'5,bere'ceived for " . information' ' , ' , ' b) , ' THAT the Councils of the area muniCipalities be requested to advise , the Regional Council,preferablyonor before 'February 28, 2002,' if ' they approve of the Regional Council passing a Region-wideby':'law regulating the smoking oftöbacco in public. places, and workplaces; , THAT if a-majorityotarèa municipalGouncilsapproveofthe Regional ,Council pasSing,such a,by-laW: ' " , c) -- i) , ' ' Regional Councilproceedswithå public consultation regarding theeflactment ofa'Regionalsmokingby.,law; and, ii) , , the Health & Social Services Committee be authorized to lead . these co,nsultations;' " ' , the F6deral M.P's and Provincial M.P.Pls be requested to attend aU consultationS in 'their respective ridings;,and ' iii) d). , " ,'THAT a copy of Report#200t-MOH-22 Of the Commissioner & , ',' Medical dffice(bf Health, be forwarded to all DurharhRègion'sarea , municipal Councils and MPP~s for advice and information, ' respecti\Ìøly.." ' ' )2..... ' USE.R VICE ÊXÇlfLLENCE ' foJ' our COMMUNITY" - 'ATTACHMENT#..:.L TO REPORT#_;¿ .o3~ ðì/ ' 019' . . '. , '..2- ' - , . , , ,In particular"l' draw your attention to part,b} of th~ rasolution and kindly ask that you placè thi~ matter bøforeyour CouncilJor oonsideration. , Enclosed, for yourinformation isacopy of Repqrt#2001-MOH-22 of .Dr. RJ.Kyle, Commissioner & MedicalOfficer of Health. ' ())~ , P.M"Madm"A.M.C~T:, CMM" Regional Clerk ' ", , PMM/cs . Enc!., . , ' c:' , .ML'Jerry OueHette,M.P.P. (Oshawa) ;Mr~ John' O'Toole,' M.Þ.P.. (Durham)' , " . The HonoUrable Jim Flaherty, M.P.P. (Whitby/Ajax) , , , Tl1e Honourable Janet Ecker;M.P;P.,(Pickéring/AjaxlUxbridge) The Ho~ourable Chri~Hodgson,M.P.P; (HåliburtonNictoriaiBròck) D~. R.J. Kyle, Commissioner & Medical Officer of Health , - - 020 ATTACHMENT#L TO REPORT#':¿ o3~ (;'2-- - From: Report No.: Date: The Regional Municipality of Durham Report To: The Chair and Members Health & Social Services Committee Commissioner & Medical Officer of Health 2001-MOH-22 November 1, 2001 SUBJECT: - Council Correspondence Item No. 255 from the Council of the City of Pickering RECOMMENDATION: THAT the Health & Social Services Committee'recommends to the Regional Council that: a) Council correspondence item no. 255 (CC #255) is received for information; b) The Councils of the other area municipalities are requested to advise the Regional Council, preferably on or before January 31, 2002, if they approve of the Regional Council passing a Region-wide by-law regulating the smoking of tobacco in public places and workplaces; c) If a majority of area municipal Councils approve of the Regional Council passing such a by-law: I. Regional Council proceeds with a public consultation regarding the enactment of a Regional smoking by-law" and The Health & Social Services Committee is authorized to lead these consultations; and II. - . d) This report is forwarded to all Durham Region's area municipal Councils and M.P.P.s for advice and information, respectively. BACKGROUND: 1. On July 4, 2001, CC #255 from the Council of the City of Pickering (Appendix A) was referred to the Health & Social Services Committee. In it, City Council requests, subject to the approval of a majority of the area municipal Councils, that Regional Council passes a Region-wide by-law that regulates smoking in public places and workplaces as has occurred in most other GTA municipalities. City Council believes that such action would establish a 'level playing field' across the Region with respect to the regulation of smoking. In addition, such action is authorized by Section 213(14) of the Mu:1icipal Act. ~..2 42 .-... Report #2001-MOH-22 contðrTACH!"iŒNT'tF~_,L~"TO REPORT#.£.f_P3' ð '¡- REPORT: 021 - 2. The City Clerk's Report CL 25-01 that is embodied in CC #255 was prepared in response to correspondence that was forwarded to all area municipal clerks on May 31, 2001, World No-tobacco Day, by the Committee Chair L. O'Connor, and co-signed by the Commissioner & Medical Officer of Health (Appendix B). This correspondence urges all area municipal Councils to ban smoking in their respective restaurants and to otherwise update their smoking by..laws. It was prepared in follow-up 'to Whitby grade 6 student Katherine Hastings' presentation of her petition regarding the banning of smoking in restaurants to the Health & Social Services Committee on May 10, 2001. Her petition was attached to Chair O'Connor's correspondence as was the Ontario Tobacco Research Unit's Protection from Second-hand Tobacco Smoke in Ontario, a review of the health effects and the evidence regarding best practices (Appendix C). . . 3. Regional C'ouncil last reviewed this matter in June 2000. At that time, the Committee recommended that no action be taken with respect to either renewing the Regional Model By-law or to advocate for strengthened local smoking by-laws. Instead, since then, Regional Council and Health staff focussed their advocacy efforts on urging the Ontario Government to renew both the Tobacco Control Act (TCA) and the Smoking in the Workplace Act (SWA). (Council and staff have also been very active at the federal level in advocating for stronger health warnings on cigarette packages and for the passage of Bill 8-15, the Tobacco Youth Prevention Act.) Unfortunately, to date, the Ontario Government has taken no positive legislati~/e action with respect to both the TCA and the SWA. SUMMARY: .... . 4. The important and serious health effects of second-hand smoke are well documented and the list of adverse consequences continues to grow. Accordingly, Ontario boards of health, including the Regional Corporation, are mandated to provide, and the Region's Health staff is very active in delivering a wide variety of tobacco use prevention, cessation and protection programs and services. This includes the local administration and enforcement of the Tobacco Control Act. The Regional Council and staff are also strong advocates for comprehensive and effective tobacco use related laws and policies at the federal, provincial and municipal levels. 5. As regards local smoking by..laws, as was reported in Report # 2000-MOH-17, "although clear progress has been made in several municipalitLes in enacting local smoking by-laws in conformity to the 1992 Regional Mod~1 By-law, wide municipal variations currently exist across several public places. Significantly more progress is required to achieve greater uniformity and conformity." (Appendix D) It is in light of the foregoing, therefore, that the Council of the City of Pickering has requested that the Regional Council pass a by-law regulating smoking in public places and workplaces subject to the approval of a majority of the area municipal Councils. Regional Council is authorized to . ....3 43 - 02~~ Report #2001-MOH-22 contd. Þ,TT ACHÏ"'lENT # ~ TO REPORT # C L ð 3 ' 0 z- take such action pursuant to Section 213(14) of the Municipal Act, which was enacted through the passage of the Tobacco Control Act. Such action, if . approved and undertaken by the Regional Council would further pr.otect the. health of Durham residents by complementing the Regional Corporation's other tobacco control mandate and activities; it would also be consistent with similar action that has been taken by other GT A and Regional municipalities. In fact, it should be noted that. more than half of all Ontarians live in municipalities where comprehensive smoking by-laws are in place. Moreover, many more municipalities are considering such by-laws. - RECOMMENDATION 6. It is recommended that Regional Council, subject to the approval of a majority of the area municipal Councils, proceeds with a public consult¡ltion regarding the enactment of a Region-wide smoking by-law. Re~ectfully submitted, ",~ e; R.J. Kyle MD, MHSc, CCFP, FRCPC Commissioner & Medical Officer of Health - 44 - _tUj of APPENDIX A ' ArLL\CHMENr*""...L~,,'ro REPORT # c.¿ 0'":, - 0'2- n 2 3 -. '-"0 --"~ -v.""'' One The Esp/anz, Pickering, Ontar Canac LlV 6f; Direct Access (905) 42(4é.t [,~; fÏryõEpièkering.col . , , .. - 0"_' ,'" ADMINISTRATION DEPARTMENT Clerk's Division Division (905) 420-4611 Facsimile (905) 420-9685 cJerks@city,pickering.on.ca June 28,2001 '-U:U ~ Ut:-:"\-:\ 'I~J,f.I(..O3~Ol PI'1 2: , Co':' i ~~ìgi1? ftJ.JL '. , J~~I~: '~-,j ~ Fi~ I-, ~Appr.Acl1on I. - Ms. P.M. Madill, Clerk, The Region of Durham, 605 Rossland Rd. E., Box 623, Wlútby, Ontario L1N 6A3 Please be advised that the following resolution was passed by the Council of the Corporation of the City of Pickering at its meeting held on June 25,2001: 1. That Clerk's Report CL 25-01 regarding the regulation of smoking' in public places and workplaces be received; and 2. That pursuant to Section 213(14) of the Municipal Act, the Council of the Regional Municipality of Durham be requested to undertake the enactment of a by-law to regulate smoking in public places and workplaces subject to the approval ofth~ area municipalities, Please find enclosed a copy of Clerk's Report CL 25-01, which was considered by Council on June 25th, 2001. - If you have any questions with respect to this matter, please do not hesitate to contact Clerk's Division at 420-4611. ' Yours very truly, ¿Ta~, City Clerk ----. /dk Enc!. 45 - n?4 ~.','r""'A"";";' "',"";[',"'\"'1 .,H' / 'YC) RE'~PO' D"I~# CL ð~ - 0).. Ci1J¡ o~ i.\, ¡ ,'-.~-11";l:!'" \ ".,',-......"",..- ¡ 1'\ -- ,I REPORT TO COUNCIL FROM: Bruce Taylor, AMCT, CMM City Clerk DATE: June 18, 200 I REPORT NUMBER: CL 25-01 -- SUBJECT: Regulation of Smoking in Public Places and Workplaces RECO.M1vŒNDATlON: 1. That Clerk's Report CL 25-01 regarding the regulation of smoking in public places and workplaces be received; and 2. , That purSuant to Section 213(14) of the MulÚcipal Act, the Council of the Regional Municipality of Durham be requested to undertake the enactment of a by-law to regulate smoking in public places and workplaces subject to the approval of the area municipalities. ORIGIN: Request made by Council under Other Business on June 4, 2001 to detennine if the Region of Durham can pass by-laws to regulate smoking. AUfHORITY: Section 213 of the Municipal Act -- FINANCIAL IMPLICATIONS:, Not applicable EXECUTIVE SUMMARY: The purpose of this Report is to advise Council on the legislative authority in the Municipal Act that allows both local and regional municipalities to pass by-laws to regulate smoking and to seek direction on how Council wishes to proceed with the regulation of smoking. BACKGROUND: Attached to this Report is a letter co-signed by the Chair of the Regional Health and Social Services and the Medical Officer of Health requesting Council to address the issue of smoking in public places and the workplace, ..../2 46 - ATTACHMEI\IT #.__l~. --2-- CL ðJ - Ci '2- n?5 The Cities of Toronto, Mississauga, Brampton and the Regional Municipality of York passed by- laws to strictly restrict smolång in public places, such as restaurants, food courts and bowling - alleys and workplaces effective June 1, 2001 and to strictly regulate smoking in bars, bingo halls and billiard halls effective June 1,2004. The authority for local municipalities to pass by-Jaws to regulate smoking comes ITom Section 213(2) of the Municipal Act which states: ~ The Council of a local municipality may pass a by-law regulating the smoking of tobacco in public places and workplaces within the municipality and designating public places or workplaces or classes or parts of such places as places in which smoking tobacco or holding lighted tobacco is prohibited. However, the Act also allows the.Region to pass by-laws to regulate smoking unifonnly across the Region if a majority of the area municipalities approve of the Region exercising such power. Section 231(14) of the Municipal Act states: A county, district, regional or metropolitan municipality....may exercise the , powers under this section if a majority of the councils of the area ~r local municipalities within those municipalities approve the exercise of such powers. It is important to note that although a majority of area CounciJs must approve of the Region passing a uniform smoking by-law, the Region is under no obligation to .do so. Again, I would point out that a uniform smoking by-law was passed in the Regional Municipality of York but in Peel, the smoking by-laws were passed by the area municipalities. With respect to enforcement, the R,egional Municipality of York and the Cities ofMississauga and Brampton have designated the Municipal Law Enforcement Officers and the Public Health Inspectors as being responsible for enforcement. Attached to this Report is a chart which compares smoking regulations in Pickering and other GTA murucipalities. A3 can be seen ITom this chart, the City of Toronto, the Region of York and the municipalities in the Region of Peel have by-laws that provide for uniform regulations for smoking in restaurants, bars and workplaces that provides a level playing field for competition while at the same time protecting the health of the residents. Municipalities in the Region of Durham have very different regulations which could lead to unfair competition. ....... ., As noted in the letter from the Chair of the Regional Health & Social Services Committee, there is no question that smoking is a serious health hazard and exposure to second-hand smoke should be eJiminated where possible. I would strongly recommend that Pickering Council urge the Council of the Regional Municipality of Durham to undertake the passage of a uniform smoking by-law that would apply throughout the Region on the understanding that the majority of the area municipalities in Durham must approve of the Region passing such a by-law. If the Region is not willing to pass such a by-law or if a majority of Durham mutùcipalities do not approve of the Region passing such a by-Jaw, then Pickering Council should take initiative and enact a by-Jaw that would regulate smoking in a very similar manner as is being done in the other GT A murucipalities, I have attached for Council's information a copy of the smoking by-law passed by the Regional MurucipalityofYork. The by-laws passed by the Cities of Toronto, Mississauga and Brampton are almost identical with respect to the operative clauses of the by-law. ..../3 47 - i~\TTACH¡V¡E¡\rr :Fi'-/J~'~O REPORT#.Çf.,CJJ - 0'2-. {{'t\, ,¡¡).~, if! '¥ \1}, ATTACHMENTS: 1. 2. 3. Letter dated May 31,2001 from Chair of Regional Health & Social Services Committee Comparison of Smoking Regulations in various GT A municipalities By-law of Regional Municipality of York to regulate smoking - P;?Y t3ruce Taylor ~. Attachments Recommended for,the consideration of Pickering City Council " " .-. . . 48 -