Agenda Item No.: F.4.c.
Impact of the Smoking Bylaw Amendments.
Recommendation:
1. That Administration be directed to
redraft the Smoking Bylaw to generally
regulate smoking in indoor areas, subject
to a complete exemption for any
premises used as a private dwelling and
certain other, limited, exceptions and
forward the bylaw to Council for review.
2. That the bylaw include the limited
exceptions and included areas specified
in A1 through A10 as presented in
Attachment 1 (of the November 16,
2002, Planning and Development
Department report).
3. That the bylaw contain the June 1, 2005,
expiry of the Lounge and Restaurant
(Smoking Establishment) exception as
presented in Attachment 1 (of the
November 16, 2002, Planning and
Development Department report).
4. That the bylaw contain the June 1, 2005,
expiry of the Licensed Gaming Event
exception as presented in Attachment 1
(of the November 16, 2002, Planning
and Development Department report).
Report Summary
This report provides recommendations and
timeframes for the regulation of smoking.
Previous Council/Committee Action
At the October 21, 2002, Community
Services Committee meeting, the following
motion was passed:
That Administration bring forward, for
release to City Council and the public on
January 6, 2003, and for consideration at
the January 20, 2003, Community
Services Committee meeting at 1:30
p.m., a report containing:
Routing:
Delegation:
Written By:
November 16, 2002
File: 2003PDD002
a. recommendations and a timeframe,
similar to the timeframe for
surrounding communities, for the
prohibition of smoking in indoor
public spaces except gaming
establishments (bingo halls and
casinos); and
b. recommendations and a timeframe,
similar to the timeframe for
surrounding communities, for the
prohibition of smoking in gaming
establishments (bingo halls and
casinos).
Report
If City Council wishes to prohibit smoking
in all indoor public spaces and to prohibit
smoking in all gaming establishments, the
following bylaw amendment approach is
recommended: A re-drafting of the entire
smoking bylaw to establish a general
prohibition for smoking in any and all
indoor areas. This will provide the general
no smoking foundation for all indoor areas
to ensure no gaps or loopholes that a nonexhaustive public places definition might
provide. This approach will provide a
simple straightforward bylaw reducing the
difficulties in interpretation by citizens,
businesses, court and enforcement staff.
The next step in this approach is
identification of any indoor area that should
be free of obligation or liability from the
bylaw. This exemption would apply to any
premises, or portion of premises, used as a
private dwelling. This would include a
house, apartment, place of accommodation,
condominium, shared living facility, et
cetera. This exemption ensures the rights
Community Services Committee
Mark Garrett
David Aitken
Planning and Development Department
(Page 1 of 3)
F
4
c
Impact of the Smoking Bylaw Amendments.
____________
and freedom enjoyed in a private dwelling
are not infringed upon.
areas. The transitional timeframe being
considered by Calgary is viewed as a
balance of protecting health and respecting
adult and business operator’s right to
choose.
Lastly, there is a need to establish and
clearly define those exceptions to the
general prohibition on smoking indoors. It
is at this point Council can give
consideration to adopting any exceptions
provided for in the current bylaw and
determine expiry timeframes for any
approved exception. See Attachment I.
The Strathcona County’s Smoking Bylaw
was the only legislation from a nearby
municipality that provided a phase in
timeframe to prohibit smoking. Strathcona’s
approach prohibits smoking in any
designated public place and details the
specific places it regulates. These
designated public areas include places of
public assembly, restaurants, lounges, bingo
halls, public transportation, retail shops,
service lines, private clubs, et cetera. Their
Smoking Bylaw comes into effect on March
21, 2003. Lounges and bingo halls are not
captured under this initial effective date but
go smoke free June 1, 2005.
In comparison, the City of Calgary’s
smoking bylaw scheduled for third reading
on December 16, proposes a transitional
period commencing March 1, 2003, with a
final smoke free Calgary January 1, 2008.
Effective March 1, public establishments
subject to the 2008 timeframe may designate
themselves as a non-smoking, smoking, or
mixed premises (smoking and non-smoking
in the same establishment if smoking is
confined to a separate and distinct room).
The bylaw will continue to prohibit minors
from entering or remaining in smoking
Calgary’s longer phase in period is argued to
lessen the negative impact on bingo halls
and associated community groups and
charities. Allowing five years is said to
provide time to develop other funding
methods and arrangements. Further,
Calgary’s level playing field philosophy
supports the same timeframe for all effected
businesses. Strathcona County’s
significantly shorter 27-month phase in
timeframe demonstrated a much greater
emphasis on health concerns in the
balancing of business operations and health.
It was also suggested the shorter period was
more in keeping with the socio-economic,
demographic, and Worker Compensation
Board trends across Canada.
Both Strathcona and Calgary’s rationale for
determining a phase in timeframe have
merit. However, the shorter timeframe of
June 1, 2005, to go no smoking in lounges
and restaurants (smoking establishments) is
considered the more appropriate. The
primary reasons for choosing this timeframe
was Strathcona’s proximity to Edmonton
and the negation of any economic impact
from patrons moving between
municipalities. The same rationale holds for
a June 1, 2005, exception expiry date for
licensed game events.
Justification of Recommendation
1. Since the Smoking Bylaw was passed in
1981, it has been amended ten times. As
(Page 2 of 3)
Impact of the Smoking Bylaw Amendments.
____________
a result the bylaw has become something
of a patchwork document. Redrafting
the bylaw to generally regulate smoking
indoors provides a solid legislative
foundation and makes the bylaw easier
to read and understand.
2. The list of exceptions and areas for
inclusion in Attachment 1 follow
Council’s direction in the past.
Administration has no enforcement
concerns regarding the adoption of A1
through A10.
3. It can be argued that implementing a
shorter timeframe than Calgary
demonstrates a clearer intention to
protect citizen health and reduce
exposure to second hand smoke. The
two-year phase out period strikes a
balance between competing interests
respecting health concerns, economic
viability of business operations, and
individual personal freedom.
4. A June 1, 2005, expiry date allows
around two years for bingo associations
and casinos to adjust and charities to
develop and implement alternative
funding and support arrangements.
Background Information Attached
1. Recommended Exceptions to General
Prohibition of Smoking Indoors
(Page 3 of 3)
Attachment 1
Recommended Exceptions to General Prohibition of Smoking Indoors.
A.1.
Place of Employment
Maintain the current bylaw provisions to allow an employer to designate a smoking area;
restrict area size not to exceed 50 percent; have no smoking area conspicuously posted
with signs; restrict smoke by ventilation or physical barrier; retain other general
enforcement provisions relating to a designated smoking area in the workplace.
The City’s Bylaw enforcement unit receives minimal employer or employee complaints
regarding work place smoking problems. As a consequence, there is no operational
justification not to include this as an exception.
A.2.
Hospitals
Maintain the current bylaw provisions to allow patients to smoke in a private room with
written permission of their personal physician; allow proprietors to designate patient
smoking rooms provided that not more than 50 percent of the floor area be smoking; have
area appropriately signed.
Hospitals and doctors as advocates for health currently restrict smoking to minimal
levels. There are, however, circumstances to accommodate patients incapable of
physically moving to an outdoor location to smoke. Therefore, some justification exists
to allow a hospital exception.
A.3.
Federal or Provincial Regulated Property
Any property subject to Federal or Provincial legislation that already regulates smoking
would be considered an exception and the bylaw would not apply. The City defers to the
higher legislative authority. For example, Protection from Second-Hand Smoke in Public
Buildings Act.
A.4.
Home Based Business
Treat home based business in the same manner as a place of employment. The current
bylaw provisions under the Place of Employment Section allows an employer to
designate a smoking area, restrict the area size, restrict smoke drift through ventilation or
physical barrier and sets out a number of other regulatory requirements. Problematic is
the definition of home based businesses, the suitable number of employees and whether
rules apply to family members.
Attachment 1 - Page 1 of 3
Attachment 1
Recommended Exceptions to General Prohibition of Smoking Indoors.
While administration recommends dealing with home based business as an exception
under place of employment one possible alternative is not to regulate home based
businesses in any matter.
A.5.
Private Social Function
Maintain the current bylaws intention to allow a proprietor of a premises being used for a
private social function to designate any portion of the premises as a smoking area. A
private social function is defined as: a specific social event for which an entire room or
hall has been reserved, at which attendance is limited to people who have been
specifically invited or designated by the sponsor, and at which the seating arrangements
are under the control of the sponsor of the event and not of the proprietor of the room or
hall, but does not include events which are held primarily for the purpose of business,
sales or education.
It is also recommended that the definition of a private social function exclude any use of
a restaurant or lounge. Several other municipalities have run into trouble with businesses
using private social functions and private clubs to skirt smoking regulations.
A.6.
Restaurant – Smoking Establishments
Maintain the current bylaw provisions to allow a restaurant proprietor to make
application to be a smoking establishment; designate up to 50% of the service area as
smoking; prohibit individuals under the age of 18 years from entering; post sufficient
signage. Allowing restaurant proprietors the choice to be smoking or non smoking was
passed by Council on January 30, 2001.
* If Council supports Recommendation 3 this restaurant (smoking establishment) exception will
expire June 1, 2005, and all restaurants in Edmonton will be no smoking.
A.7.
Lounges
Maintain the current bylaw provisions that require a proprietor to designate at least 25
percent of the area no smoking.
* If Council supports Recommendation 3 this lounge exception will expire June 1, 2005, and all
lounges in Edmonton will be no smoking.
Attachment 1 - Page 2 of 3
Attachment 1
Recommended Exceptions to General Prohibition of Smoking Indoors.
A.8.
Licensed Gaming Events
Maintain the current bylaw provisions to allow a proprietor, where entry to individuals
under 18 years are permitted, to designate up to 65 percent of the total area smoking;
restrict smoke drift by ventilation and physical barrier; prohibit children from entering the
smoking area; post sufficient signage. Where entry to individuals under 18 years is
prohibited a proprietor may designate up to 65 percent of the area as smoking and must
post sufficient signs.
* If Council supports Recommendation 4 this licensed gaming event exception will expire June
1, 2005, and all licensed gaming events in Edmonton will be no smoking.
Recommended Areas to be Included in General Prohibition
A.9.
Outdoor Patios
Maintain the current bylaw provision not to allow smoking in a restaurant outdoor patio
used for the service or consumption of food or beverage. Outdoor patios were
intentionally captured in Council’s January 30, 2001 amendments.
A.10. Public Transportation and Shelters
Maintain the current bylaw provision not to allow smoking in any school bus, city bus,
LRT, or transit shelter or other public transportation or “for hire” transportation.
Attachment 1 - Page 3 of 3