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SMOKE-FREE ONTARIO ACT NOW WHAT FOR MUNICIPALITIES?

SMOKE-FREE ONTARIO ACT NOW WHAT FOR MUNICIPALITIES?. BILL 164 Bill 164 receives first reading on December 15, 2004 Second reading debated February 15, 16, 21, 2005 Bill 164 renames Tobacco Control Act to Smoke-Free Ontario Act and repeals Smoking in Workplace Act

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SMOKE-FREE ONTARIO ACT NOW WHAT FOR MUNICIPALITIES?

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  1. SMOKE-FREE ONTARIO ACTNOW WHAT FOR MUNICIPALITIES? BILL 164 • Bill 164 receives first reading on December 15, 2004 • Second reading debated February 15, 16, 21, 2005 • Bill 164 renames Tobacco Control Act to Smoke-Free Ontario Act and repeals Smoking in Workplace Act • Majority of Bill 164 to come into effect in May, 2006 • Bill 164 provides that the more restrictive applies where conflict with municipal by-laws

  2. MUNICIPAL ACT, 2001 • Section 115 (formerly section 213) allows municipalities to pass by-laws to regulate smoking in “public places” and “workplaces” • Subsection 115(10) states that where conflict between by-law and provincial legislation, the most restrictive of the smoking of tobacco prevails

  3. ISSUE: WILL THERE BE A NEED FOR MUNICIPAL SMOKING BY-LAWS IF BILL 164 COMES INTO EFFECT?

  4. MUNICIPAL ACT, 2001 1. Authority is limited to “public places” and may not include “true” private clubs 2. Authority includes indoor and outdoor public places but most municipalities limit their by-laws to indoor areas 3. Many municipalities allow compromises in regard to patios even if the patio has a roof 4. Some municipalities allow designated smoking rooms, smoking in casinos, etc. BILL 164 1.Province says Bill 164 will cover all private clubs 2. Bill 164 is limited to “enclosed public places” and specific outdoor areas for schools and reserved seating for a sports arena or entertainment venue 3. Bill 164 includes any public place covered by a roof 4. Bill 164 does not allow designated smoking rooms, smoking in casinos etc. WHICH IS MORE RESTRICTIVE IN REGARD TO PUBLIC PLACES??

  5. MUNICIPAL ACT, 2001 1.By-law does not apply to vehicles on a highway except for public transportation vehicles and taxi-cabs 2. Authority applies to “workplaces” in general and is not expressly limited by “privatedwellings”, etc. BILL 164 1. Bill 164 includes all vehicles used in the course of employment 2. Bill 164 does not include a place that is primarily a “private dwelling” or a designated residence in a nursing home 3. Bill 164 does not include room in a hotel, motel or inn if designated 4. Under Bill 164, health care worker has right to request person not to smoke in worker’s presence WHICH IS MORE RESTRICTIVE IN REGARD TO WORPLACES?

  6. MUNICIPAL ACT, 2001 1. Municipality is limited by its statutory authority 2. Municipalities rely on an implied power in regard to obligations of an employer and owner to ensure compliance 3. Municipal Act, 2001 does not protect employees who seek enforcement of Workplace By-law BILL 164 1. Province has power to add a class of premises to its legislation through the passage of a regulation 2. Bill 164 expressly states that an employer and owner shall require a smoker to leave their premise if non-compliant 3. Bill 164 protects employees who seek enforcement of Act WHICH IS BETTER IN REGARD TO ENFORCEMENT?

  7. MUNICIPAL ACT, 2001 4. General powers of inspection 5. Maximum fine for an individual is $5,000 if no prior convictions (although unlikely) BILL 164 4. Specific powers of inspection set out in Act 5. Maximum fine for an individual is $1,000 if no prior convictions 6. Bill 164 allows inspector to order employer to comply with provisions of the Act WHICH IS BETTER IN REGARD TO ENFORCEMENT?

  8. CONCLUSIONS • Bill 164 is as strict or more strict than most municipal smoking by-laws in regard to public places. The workplace provision in Bill 164 has several exceptions but many by-laws share such as well. • Province will use Public Health Unit Staff to enforce Bill 164 • Need to still have Municipal Smoking By-laws?

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