Executive Votes For An Enhanced Smoking Bylaw

In a move which was sidelined for two years Executive Committee voted in favour of changes to the City’s Smoking Bylaw. Changes which could have far reaching implications for not only bars and restaurants with outdoor patios but on all City-owned properties.

In providing an overview of the proposed bylaw changes assistant city clerk Tracy Wittke told Executive Committee the changes would prohibit smoking in several new places allowed under the present Smoking Bylaw.

“The recommendation for the proposed bylaw is to prohibit smoking and vaping in outdoor seating areas of restaurants, bars and similar establishments. It is to prohibit outdoor smoking in all City-owned outdoor facilities.

Prohibit smoking and vaping within a 10 meter buffer zone of entrances, windows, air exchanges and outdoor patios of City-owned facilities and public premises.

To prohibit vaping in enclosed public places where smoking is prohibited under the Tobacco Control Act.

And to provide for an exemption with the Tobacco Control Act in relation to outdoor traditional and spiritual and cultural ceremonies.

And to provide for an exemption for teaching and testing devices in a vape retail store,” Wittke told the Committee.

There will also be changes made in the definitions of the Bylaw so that it includes cannabis alongside of tobacco smoking due to the legalization of recreational cannabis use on October 17, 2018 by the Federal Government. The restrictions being applied to tobacco smoking and vaping will be tied similarily to cannabis.

The definitions will also include City-owned green spaces “being used for both the passive and active” recreational opportunities.

The term playground will be included to mean an outdoor area for children to play in.

The definition will go beyond tobacco cigarettes to include something held which “burns tobacco or other substance.”

“We know cannabis might be today but you know another substance I can’t think about might be tomorrow,” she said.

Sportsfields were also included meaning fields used for outdoor games or other activities.

A 10 meter buffer no smoking zone around playgrounds and recreational areas is additionally included in the proposed bylaw changes.

The 10 meter buffer will also apply to City-owned and public outdoor patios.

“Just so you didn’t have someone sitting on the other side of a patio we wanted to provide that 10 meter buffer as well,” Wittke stated.

About the exemption for testing out vaping equipment in a vape shop Wittke said the reasoning was based upon vaping is not illegal.

“There is nothing illegal with vaping and it is more of an adult recreation use. It is that individual going to the store. If you vape we cannot say you cannot vape but we would like the opportunity to provide the public to use this in a safe place to be educated on how to vape,” she said.

In an exchange of questions between Councillor Scott McMann and Wittke the full extent of the potential bylaw’s reach was explained.

“I took a look at the Regina and Saskatoon bylaws and they specifically talked smoking is allowed on sidewalks and streets and that type of thing. There is no mention of that one way or the other and I just don’t know if that is specifically on purpose. I just don’t think that is necessary,” Councillor McMann asked.

Wittke replied if consultations showed people did not want smoking allowed on public sidewalks and streets it could potentially be worked in to the final draft of Moose Jaw’s Smoking Bylaw.

“It was brought to my attention there is nothing in our current bylaw that exempts smoking on sidewalks. I do believe what we would like to do is to put that in with public consultation (if the public wants it),” she replied.

“If there is some very high demand in there that smoking should not be permitted on sidewalks we will include that as a definition in this proposed bylaw.”

At that point CityClerk\Solicitor Myron Gulka-Teichko asked to speak.

“It’s not intended it would create that but we will have to see what the public response will be,” Gulka-Teichko said, adding “we certainly take the point a general public prohibition on all public smoking be everwhere is intended be everywhere, but obviously we will take consultation on that.”

Councillor McMann then asked if the City had touched base with the Lynbrook and Hillcrest Country Clubs and if the proposed changes would also include the Wakamow Valley Authority and the Moose Jaw Exhibition Grounds as well?

In response Wittke said “yes, curently in this bylaw that we have proposed it would include as a City-owned leased facility it would fall, those areas fall under this bylaw.”

Councillor McMann went on to state the City needed to be in contact with the bars and restaurants directly affected by the proposed bylaw changes.

“We need to be in touch with people who own bars and restaurants. We need to be in touch with them,” he said, adding “anybody affected we need to get their thoughts.”

Councillor Brian Swanson said he remembered when the proposed changes were introduced two years ago Administration had been instructed to speak to the businesses who built patios to allow smoking by their customers and asked if they had occured.

“No it has not,” Wittke replied.

Doctor Mark Brown from Smoke Free Moose Jaw said Moose Jaw was just catching up to what over 100 cities in Canada had already done by passing similar bylaws and it was actually good for business.

“Restaurants and bars actually thrive when these bylaws are in place….(there is) overwhelming evidence in favour of this,” Dr Brown claimed.

“There are far more people who would like to go to patios who don’t come there due to the smoke than those who go there to smoke,” he claimed.

On the issue of vaping Dr Brown said young people were being targetted by those who promote vaping.

Councillor Swanson spoke on vaping stating as trustee in the Prairie South School Division they had just heard a report about the number of young people vaping and as a result the division had passed regulations against vaping on all Prairie South school grounds which he had supported.

“It is highly addictive and touted as a way to quit smoking and reduce harmful effects,” Dr Brown stated, adding some of the oils in the some vaping fluids may cause a condition called popocorn lung and there is not a lot of research on the effects of vaping.

“It is a concern and physicians of the province have been addressing it but we haven’t had much traction,” he said.

Dr Mark Vooght, represented the Saskatchewan Health Authority, stated they were very happy with the proposed bylaw ammendments.

Dr Vooght said he was happy the bylaw ammendments targetted behaviour.

He said the proposed public bylaw changes “have high public support and do not have negative affects on businesses.”

Jennifer May, with the Saskatchewan Lung Association, commended Executive Committee saying the proposed changes are “not meant to punish people who smoke.”

May objected to including vaping as an exemption for traditional cultural and spiritual practices because “nothing about vaping is cultural.”

A fourth person from a special interest group spoke at the podium but following MJ Independent policy we will not be including her comments because she failed to publicly identify herself at the podium as required by the Council and Executive Committee procedure.

It needs to be noted no member of Council requested the individual indentify herself and whom she represented.

Councillor Swanson spoke about the need to take into consideration the concerns of bars and restaurants who at great expense constructed outdoor patio and smoking areas for their clientelle.

He went further asking “where should smokers be allowed to partake in what is a legal product.”

“I am not trying to be difficult where do we allow people to partake in a legal product?” he asked a second time.

Mayor Fraser Tolmie stated the two year delay in the proposed bylaw changes, which he introduced initially, was due to Council waiting for the Federal Government to complete its legalization of recreational cannabis. That proposed bylaw included cannabis in it but did in fact pre-date legalization of recreational use of cannabis.

“I think public consutation is up but we have to get a move on this,” Mayor Tolmie stated.

Presently the City is looking for public feedback - both for and against - the proposed ammended Smoking Bylaw.

In order to be enacted the proposed new bylaw will require a final re-writing and then be pass three readings at a public meeting of Council.

SEE RELATED Opinion Column - The Tobacco Gestapo Returns