May 27, 1999

To:Medical Officer of Health

City Solicitor

From:City Clerk

Subject:A Harmonized Environmental Tobacco Smoke (ETS) By-law for the City of Toronto, Policy Options and Recommendations - Community Input Process

The York Community Council on May 26, 1999, heard public deputations regarding the above proposed by-law; and also had before it a communication (April 26, 1999) from the Secretary, Board of Health, advising that the Board on April 6, 1999:

(1)adopted the report dated March 26, 1999 from the Medical Officer of Health with respect to the community input process for a harmonized Environmental Tobacco Smoke (ETS) By-law for the City of Toronto; and

(2)forwarded such report to the Community Councils for staff presentation and deputations on the Policy Options and Recommendations document attached thereto, at the Community Council meetings scheduled to be held on May 26 and 27, 1999, with recommendations from the Community Councils to be referred to the Medical Officer of Health and the City Solicitor for consideration and recommendations back to the Board of Health at its meeting on June28 and 29, 1999.

Recommendations:

The York Community Council recommended approval of the following:

(1)Recommendation (2)(i), viz:

"That public places be smoke-free, except for restaurants, bars, bowling centres, casinos and bingo and billiard halls, which may have unenclosed smoking in 25% of space until April 30, 2001 when they become smoke-free;"

(2)Recommendations (3)(i) and 3(ii) regarding designated smoking rooms (DSRs) in public places, viz:

"(i)No DSRs, except where permitted in the Tobacco Control Act, 1994, (e.g. Homes for the Aged); and

"(ii)DSRs up to 25% of space."

(3)Recommendation (4), viz:

"That the Corporation of the City of Toronto develop a corporate policy to prohibit smoking in all municipal facilities including workplaces, whether located in municipal or commercial buildings, except in such cases where this space is reserved for a private function such as a wedding. Where exemptions apply, they should be time limited until April 30, 2001."

(4)Recommendation (5), viz:

"That the Commissioner of Urban Planning and Development Services be requested to consult with the Medical Officer of Health regarding revisions to the Licensing By-law to ensure these revisions have regard for the ETS By-law."

(5)Recommendation (6), viz:

"That the new harmonized by-law be implemented three months following its enactment by City Council."

The York Community Council also:

(6)requested the Medical Officer of Health to submit a status report to the Board of Health in January 2001, on the implementation of the aforementioned recommendations; and

(7)requested the Commissioner of Urban Planning and Development Services to report to the Board of Health on:

(a)whether the City of Toronto should consider increasing the fee for a tobacco vending licence to $10,000.00 or other amount to be recommended by the Commissioner, with the intent of increasing the overall per package cost of tobacco; and

(b)whether the City of Toronto should impose a ban on the issuance of a tobacco vending licence in combination with other vending licences, (i.e. confections) with a view to preventing the sale of tobacco in commercial establishments where children and youth frequent.

Background:

The York Community Council also had before it the following communications during consideration of the foregoing matter:

(i)(May 6, 1999) from the Secretary, Board of Health, advising that the Board on May 6, 1999, adopted the report dated April 28, 1999 from Councillor John Filion, Chair, Board of Health, which recommended that:

(1)the Ontario Restaurant Association provide to the Medical Officer of Health, by May31, 1999, specific details on the ventilation technology which they believe to be an effective alternative to 100 percent smoke-free status for hospitality establishments, along with independent scientific evidence supporting the effectiveness of this technology; and

(2)the Medical Officer of Health report to the Board of Health by June 28, 1999, regarding the appropriateness of including a ventilation option in the proposed ETS by-law;

and advising that the Board of Health further requested the Medical Officer of Health to:

(1)report back to the next meeting of the Board on whether the Ontario Restaurant Association has responded; and

(2)circulate the final consolidated report on the ETS by-law in sufficient time to provide members of the Board the opportunity for review prior to the Board meeting on June28 and 29, 1999;

(ii)(May 25, 1999) from Mr. Michael Perley, Director, Ontario Campaign for Action on Tobacco, providing a summary of their views regarding the proposed harmonization of an environmental tobacco smoke by-law for the City of Toronto; and

(iii)(May 25, 1999) from Mr. Enrico Codogno, Canadian Cancer Society, submitting comments on the positive economic impact regarding the ban on smoking in restaurants and bars in the United States; and on the negative effects of smoking and second-hand smoke.

The following persons appeared before the Community Council in connection with the foregoing matter:

-Mr. Paul Sudolski, Volunteer President, Canadian Cancer Society Unit in the York District; and submitted a brief in regard thereto;

-Ms. Heather Laughlin, employee of the Canadian Cancer Society; and submitted a brief in regard thereto;

-Ms. Judy Myrvold, Chair, Council for a Tobacco-Free Toronto; and submitted a brief in regard thereto;

-Ms. Louisa Cantelon, Volunteer, Canadian Cancer Society; and submitted a brief in regard thereto;

-Ms. Marjorie Sutton, President, Mt. Dennis Community Association;

-Ms. Lyba Spring, Toronto; and submitted a brief in regard thereto;

-Mr. David Spring, Toronto; and submitted a brief in regard thereto;

-Mr. John Kiru, Coordinator, Weston Business Association;

-Mr. Cameron Johnstone, operator of Delta Bingo and Mayfair Bingo;

-Mr. Tom Bunda, owner, Central Restaurant; and

-Mr. Mike McCallum, owner, Irish Rose Restaurant.

for Novina Wong

City Clerk

c:Commissioner, Urban Planning & Development Services

Glenda Jagai

Tel: 394-2516

York Agenda Item No. 3