A HARMONIZED ENVIRONMENTAL TOBACCO SMOKE (ETS)
BY-LAW FOR THE CITY OF TORONTO, POLICY OPTIONS AND
RECOMMENDATIONS - COMMUNITY INPUT PROCESS
Secretary, Board of Health
(April 6, 1999)
Recommendations:
The Board of Health at its meeting 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)forwards such report to the Community Councils 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 Board of Health at its meeting on June28 and
29, 1999.
The Board of Health reports, for the information of the Community Councils, having
requested the Medical Officer of Health to include in the information being forwarded for
discussion:
(i)comment on the "economic hardship" clause in use in some U.S. jurisdictions; and
(ii)a summary of the various economic analyses that have been undertaken.
Background:
The Board of Health at its meeting on April 6, 1999, had before it a report (March 26, 1999)
from the Medical Officer of Health respecting a harmonized Environmental Tobacco Smoke
By-law for the City of Toronto; and recommending that the Board of Health:
(1)adopt the process outlined in this report to seek public input on the proposed ETS by-law
for the City of Toronto; and
(2)forward the attached policy options and recommendations paper to Community Councils
for staff presentation and deputations.
The Board of Health also had before it a copy of a petition addressed to Councillors Case
Ootes, Jane Pitfield and Michael Prue, for Ward 1, submitted by approximately 35 students at
Leaside High School seeking support in creating a smoke-free environment in all Toronto
restaurants.
Trudy Perrin
Secretary,
Board of Health
Attachments
_______
A HARMONIZED ENVIRONMENTAL TOBACCO SMOKE (ETS)
BY-LAW FOR THE CITY OF TORONTO, POLICY OPTIONS AND
RECOMMENDATIONS - COMMUNITY INPUT PROCESS
Medical Officer of Health
(March 26, 1999)
Purpose:
The purpose of this report is to outline a process to obtain community input on proposed
options for a harmonized ETS by-law and strategies to achieve smoke-free public places in the
City of Toronto as set out in the attached document dated March 26, 1999, from the Medical
Officer of Health, entitled "A Harmonized Environmental Tobacco Smoke (ETS) By-law for
the City of Toronto".
Financial Implications:
None, for the public consultation process prior to Council approval. Additional one-time
funding will be required in 1999 and 2000 for public communication, for which provincial
funding will be sought.
Recommendation:
It is recommended that the Board of Health:
1)Adopt the process outlined in this report to seek public input on the proposed ETS by-law
for the City of Toronto; and
(2)Forward the attached policy options and recommendations paper to Community Councils
for staff presentation and deputations.
Background and Discussion:
Historically, public consultation has played an important part in the development of
Environmental Tobacco Smoke (ETS) by-laws in all of the former municipalities. Public and
stakeholder input towards the policy options has been obtained through a variety of means,
including community meetings, focus groups and public opinion surveys. Public input to the
proposed by-law has been formally sought through deputations at Boards of Health and City
Councils.
During the past year, Toronto Public Health has consulted with the health and hospitality
sectors as well as the public, on an Environmental Tobacco Smoke by-law that is protective of
health for the new City of Toronto. The attached document from the Medical Officer of Health
provides a comprehensive review of issues related to Environmental Tobacco Smoke, along
with policy options and recommendations for a new by-law.
Public and stakeholder input on the recommendations can be obtained through a deputation
process similar to that followed in the past, with the addition of deputations at Community
Councils to ensure local input. The following process and time-line is recommended:
|
Process |
Meeting Date(s) |
| Board of Health |
Board of Health to refer the Medical Officer
of Health's public consultation document to
Community Councils for staff presentation
and deputations. |
April 6, 1999 |
| Community
Councils |
Public deputations with recommendations
from Community Councils referred to the
Medical Officer of Health and the City
Solicitor for consideration and
recommendations back to the Board of
Health. |
May 26 and 27,
1999 |
| Board of Health |
The Medical Officer of Health and the City
Solicitor to report back to Board of Health
on June 28, 1999, at which time the Board
will hear deputations on the original public
consultation document and any follow-up
staff reports, including the solicitor's draft
by-law. The Board will debate the issue at a
special meeting on June 29, 1999, and
forward it recommendations to City Council
for consideration. |
June 28 and 29,
1999 |
Conclusion:
The public consultation process outlined in this report will ensure input from a variety of
interests prior to the by-law's enactment by Council.
Contact Name:
Liz Janzen
Regional Director, South Region
Tel: 392-7458
Fax: 392-0713
VENTILATION OPTION FOR THE ENVIRONMENTAL TOBACCO SMOKE
(ETS) BY-LAW
Secretary, Board of Health
(May 6, 1999)
Recommendation:
The Board of Health reports, for the information of the Community Councils, having adopted
the report dated April 28, 1999, from the Chair, Board of Health; and having 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 June28and29,
1999.
Background:
The Board of Health at its meeting on May 6, 1999, had before it a report (April 28, 1999)
from Councillor John Filion, Chair, Board of Health, recommending 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.
Trudy Perrin
Secretary,
Board of Health
Attachment
(Report dated April 28, 1999, from
Councillor John Filion, Chair, Board of Health)
Recommendations:
(1)That 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)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.
Background:
In her report on April 6, 1999, the Medical Officer of Health clearly outlines the health risk
that environmental tobacco smoke (ETS) presents in the City of Toronto. ETS (often referred
to as second-hand smoke) causes breathing problems for children, allergy sufferers, and
people with heart or lung disease. ETS causes eye irritation and headaches, and it increases the
long-term risk of heart attacks and lung cancer, especially in exposed workers. The report also
explains how restaurant and bar employees are the most affected and yet have the least amount
of legal protection compared with other workers. In order to address this serious health risk,
the Medical Officer of Health recommends that smoking be prohibited in workplaces and
public places.
As an alternative to prohibiting smoking, some members of the hospitality industry suggest
that new ventilation systems are available that could remove the EST and thereby allow
hospitality patrons to continue smoking. The Ontario Restaurant Association (ORA) has also
claimed that new ventilation technology can create the equivalent of smoke-free indoor air.
As the Medical Officer of Health reports, there are at least 43 chemicals in ETS that can cause
cancer in human. These chemicals are in the form of tiny solid particles, gases, or both. Since
there is no safe level of exposure to ETS, a ventilation system would have to remove all of
these harmful chemicals from the air to provide the same level of protection as smoking ban.
After investigating available ventilation technology, the Medical Officer of Health did not
identify any ventilation system that is capable of achieving this objective.
In order for the Board to make informed decisions on the feasibility of including a ventilation
option in the proposed ETS by-law, I am recommending that the ORA be requested to clearly
identify these new technologies and provide detailed information to the Board, through the
Medical Officer of Health, regarding where such systems are in use, their design and methods
of operation, as well as independent scientific evaluation of their respective effectiveness.
