May 28, 1999

MEDICAL OFFICER OF HEALTH

The East York Community Council on May 27, 1999 had before it a report (April 6, 1999) from the Secretary, Board of Health, advising that the Board of Health, on April 6, 1999, adopted the report (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 forwarding such report for staff presentation and deputations on the policy options and recommendations paper 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 BoardofHealth at its meeting on June 28 and 29, 1999.

The East York Community Council also had before it the following communications:

(i)(May 6, 1999) from the Secretary, Board of Health, advising, for information, that the Board of Health, on May 6, 1999, adopted a report (April 28, 1999) from the Chair, Board of Health, recommending that the Ontario Restaurant Association provide the Medical Officer of Health with specific details on ventilation technology and that 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; further advising that the Board 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)(undated) from Mr. and Mrs. H. Kane, Downsview, advising that they are in favour of the ETS By-law;

(iii)(May 18, 1999) from Mrs. Pauline Culley, Toronto, in favour of a non-smoking by-law;

(iv)(May 25, 1999) from the Chair, Council for a Tobacco-Free Toronto in favour of a smoke-free society;

(v)(May 25, 1999) from the Vice-President Food and Beverage, BowleramaLimited, outlining concerns with the proposed by-law; and

(vi)(May 26, 1999) from the President, Ontario Restaurant Association, inviting the Board of Health and Members of Council to a demonstration on the indoor air quality initiative on June 8, 1999.

Ms. Liz Janzen, representing the Medical Officer of Health, gave an overhead slide presentation with respect to the proposed harmonized Environmental Tobacco Smoke By-law.

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

-Mr. Danny Gayle, Richmond Hill;

-Mr. Victor Miller, Bartending School of Ontario, Toronto;

-Mr. Steven Mastoras, Whistler's Restaurant, East York;

-Mr. Donald MacMillan, The Wee Jaggy Nettle, East York;

-Mr. George Koninis, Mr. Greek, Toronto;

-Mr. Sean Meehan, The Beach Bar, Toronto;

-Mr. Peter Viris, The Donlands Restaurant, East York;

-Ms. Barbara McEachern, East York;

-Ms. Lisa Sparrow, East York;

-Mr. Byron Yankou, Toronto;

-Ms. Donna-Lynn McCallum, East York;

-Mr. Steven Williams, Downsview; and

-Mr. Brian Scott, Toronto.

The East York Community Council referred the following recommendations with respect to the Policy Options and Recommendations discussion document (April 6, 1999), to the Medical Officer of Health and the City Solicitor for consideration and recommendations back to the Board of Health at its meeting on June 28 and 29, 1999:

(1)that Recommendation No. 1 be adopted;

(2)that Recommendation No. 2 option (ii) be adopted subject to deleting (a) and adding the following provisions:

(a)no restaurant, banquet hall, bowling centre, bar, bingo or billiard hall, or casino shall allow smoking if it opens for business after the implementation of the proposed harmonized ETS by-law;

(b)that existing restaurants, banquet halls, bowling centres, bars, bingo and billiard halls, and casinos be grandfathered, provided they have 75 percent of their space for non-smoking and the business remains in the ownership of the person or corporation as it was on the date the ETS by-law takes effect, until May 3, 2004; and

(c) on May 4, 2004, all restaurants in the City of Toronto shall be smoke-free unless, in the opinion of the Medical Officer of Health and with the concurrence of City Council, adequate ventilation apparatus has been developed and is installed in such restaurants;

(3)that Recommendation No. 4 be adopted subject to deleting the last sentence.

The East York Community Council requested the Medical Officer of Health to submit a report to the Board of Health for its meeting to be held on June 28 and 29, 1999, with respect to the following:

(1)other cities in Canada where there is a total ban on smoking in restaurants, bars, bowling centres, casinos, billiard and bingo halls;

(2)the problems that arose when the former City of Toronto tried to implement an ETS by-law several years ago and providing comment with respect to enforcement costs, etc.;

(3)the feasibility of private clubs having 75 percent of their space smoke-free;

(4)after May 3, 2004, allowing 25 percent of public space for smoking where the smoking section can be adequately ventilated and sealed-off from the non-smoking section;

(5)that restaurant guides indicate which restaurants provide a smoke-free or smoking environment;

(6)signage be posted at entrances of restaurants, etc., indicating a smoke-free or smoking environment; and

(7)the impact on tourism by the proposed ETS by-law.

City Clerk

Y. Davies/lr

Item No. 7

Attachment

Also sent to:City Solicitor

c.Secretary, Board of Health

Interested Parties

0526-7