BOARD OF HEALTH

A G E N D A

Date of Meeting:Monday, June 28, 1999Enquiry:Trudy Perrin

100 Queen Street Westclerk@city.toronto.

Toronto City Hallon.ca

DECLARATIONS OF INTEREST PURSUANT TO THE MUNICIPAL CONFLICT OF INTEREST ACT

CONFIRMATION OF MINUTES

DEPUTATIONS:List to be distributed at meeting.

COMMUNICATIONS/REPORTS

1.HARMONIZED ENVIRONMENTAL TOBACCO SMOKE (ETS) BY-LAW

FOR THE CITY OF TORONTO - REVIEW OF COMMUNITY COUNCIL

MEETINGS AND UPDATE.

Medical Officer of Health

(June 21, 1999)

Recommending:

(A)Harmonization Provisions - the following recommendations pertain to the interval between enactment of a harmonized by-law and subsequent changeover to smoke-free:

(1)that the smoking by-laws of the former municipalities of Metropolitan Toronto be repealed when the harmonized ETS by-law comes into force;

(2)that the harmonized ETS by-law come into force three months after its enactment by City Council;

(3)that all workplaces in the City of Toronto be smoke-free, except in fully enclosed designated smoking rooms (DSRs) that are separately ventilated to the outside, that make up no greater than 25 percent of the occupiable space, and into which no employee is required to enter;

(4)that all public places be smoke-free, except for restaurants, bars, bowling centres, billiard halls, bingo halls, casinos and racetracks which are permitted to have unenclosed smoking in 25 percent of occupiable public space;

(5)that restaurants, bars, bowling centres, billiard halls, bingo halls, casinos and racetracks that permit unenclosed smoking be required to post health warning signs at all entrances which clearly indicate that smoking is permitted;

(6)that employers/proprietors of workplaces and public places be required to post "no smoking" signs where smoking is prohibited;

(B)Smoke-free Provisions - the following recommendations apply to workplaces and public places that have not already become smoke-free under the harmonization provisions of the by-law:

(7)that restaurants, bars, bowling centres, billiard halls, bingo halls, casinos and racetracks become 100 percent smoke-free no later than April 30, 2001;

(8)that public places be permitted to have designated smoking rooms that are separately ventilated to the outside and are no greater than 25 percent of occupiable public space;

(9)that employers/proprietors of workplaces and public places that provide a designated smoking room be required to post health warning signs at the entrances to the designated smoking room which clearly indicate that smoking is permitted;

(C)Additional Recommendations - the following general recommendations apply to the ETS by-law:

(10)that an education campaign be initiated by Toronto Public Health, prior to enactment of the ETS by-law, that:

(a)informs proprietors, employers and the general public of their responsibilities under the new by-law;

(b)encourages compliance with the new by-law through community-based prevention and cessation activities;

(c)markets the benefits and opportunities available under the new by-law; and

(d)has an ongoing, multi-year component;

(11)that the Medical Officer of Health continue to assist in the advertisement of smoke-free restaurants to the general public in collaboration with the Commissioner of Economic Development, Culture and Tourism, community-based organizations and the private sector, and thereby encourage the creation of additional smoke-free restaurants;

(12)that the Medical Officer of Health evaluate the effectiveness of the ETS by-law, including economic and other measures of impact, and report thereon to the Board of Health;

(13)that institutions such as hospitals and nursing homes continue to be covered by the provision of the provincial Tobacco Control Act;

(14)that the Corporate of the City of Toronto develop a corporate policy to prohibit smoking in all municipal facilities, whether located in municipal or commercial buildings, except in such cases where this space is reserved for a private function such as a wedding, and that any such exemptions be time limited until April 30, 2001;

(15)that upcoming reviews of the City's licensing by-law and local zoning by-laws give consideration to the definitions and requirements of the harmonized ETS by-law as they pertain to restaurants and bars in order to achieve standard definitions;

(16)that City Council urge the provincial Minister of Health and the Premier of Ontario to:

(a)review and strengthen the Tobacco Control Act to ensure greater protection from Environmental Tobacco Smoke across the Province and to further reduce access to tobacco products by young people;

(b)implement immediately the recommendations of the Minister's Expert Panel to Renew the Ontario Tobacco Strategy, including adoption of provincial legislation that assures the attainment of smoke-free workplaces and public places across Ontario; and

(c)release previously announced funds for school-based tobacco prevention education and cessation as soon as possible; and

(17)that City Council urge the federal Minister of Health and the Prime Minister of Canada to implement regualations pursuant to the federal Tobacco Act aimed at: preventing children from starting to smoke; improving health warning messages on tobacco packages; plain packaging of tobacco products; increasing tobacco taxes; and further restricting tobacco advertising.

1a.Medical Officer of Health

(June 21, 1999)

Recommending that:

(1)a ventilation option not be included in the proposed ETS by-law.

However, if Toronto Council decides to consider ventilation systems as an alternative to being smoke-free in the future:

(2)(a)such systems must be designed, installed, and maintained in a manner that will control ETS so as to meet or exceed standards for ETS and/or its components, that may become established in Canada by federal and/or provincial government bodies for health protection purposes; and

(b)problems with enforceability combined with the additional workload and costs to the City for ventilation system approvals, inspections and enforcement must be taken into consideration.

1b.Medical Officer of Health

(March 26, 1999)

Outlining a process for seeking public input on proposed options for a harmonized environmental tobacco smoke by-law, and submitting a discussion paper entitled "A Harmonized Environmental Tobacco Smoke (ETS) By-law for the City of Toronto - Policy Options and Recommendations", which was before the Board of Health at its meeting on April 6, 1999, and which was forwarded to Community Councils for staff presentations and deputations.

(NOTE:Additional Appendices IX and X, respecting a summary of the various economic analyses that have been undertaken and the inclusion of an economic hardship clause, as requested by the Board of Health, are included.)

1c.City Solicitor

(June 10, 1999)

Respecting the form and content of a harmonized environmental tobacco smoke by-law which reflects the recommendations proposed by the Medical Officer of Health in her report dated March 26, 1999; and recommending that authority be granted to introduce the necessary Bill in Council in the form or substantially in the form of the by-law attached to this report.

1d.City Clerk

(May 27, 1999)

Advising that the York Community Council, at its meeting on May 26, 1999:

(A)recommended approval of the following:

(1)Recommendation No. (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 25percent of space until April 30, 2001 when they become smoke-free;"

(2)Recommendations Nos. (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 percent of space.";

(3)Recommendation No. (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 No. (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 No. (6), viz:

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

(B)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

(C)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.

1e.City Clerk

(May 28, 1999)

Advising that the East York Community Council, at its meeting on May 27, 1999:

(A)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; and

(B)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.

1f.City Clerk

(June 1, 1999)

Advising that the Scarborough Community Council, at its meeting on May 27, 1999:

(1)received the reports on the Harmonized Environmental Tobacco Smoke (ETS) By-law for the City of Toronto and the associated staff presentation; and

(2)made no recommendation to the Board of Health respecting this matter.

1g.City Clerk

(June 3, 1999)

Advising that the Etobicoke Community Council, at its meeting on May 26 and 27, 1999:

(1)endorsed Recommendations Nos. (1), (4), (5) and (6) contained in the 'Policy Options and Recommendations' paper appended to the report (March26, 1999) from the Medical Officer of Health;

(2)recommended that:

(a)the six existing municipal by-laws respecting smoking in public places be replaced with one ETS by-law from the following option (ii), as amended:

"That public places be smoke-free, except for restaurants, bars, bowling centres, casinos, billiard and bingo halls, which may have 25percent of their space for unenclosed smoking for a time limited period, such that:

(i)restaurants, casinos, bars, bowling centres, billiard and bingo halls become smoke-free April 30, 2001, with the distinction between bars and restaurants being that a bar is where alcohol is served and where admittance is restricted to persons 19 years of age and older at all times; and

(ii) the smoke-free date be revisited if there is an acceptable initiative to clear the air to an acceptable level; and

(b)the following options be selected regarding designated smoking rooms (DSRs) in public places:

(i)DSRs up to 25 percent of space, and where permitted in the Tobacco Control Act, 1994, (e.g., Homes for the Aged), including restaurants and bars; and

(ii)DSRs up to 50 percent of space for bowling centres, billiard and bingo halls; and

(3)requested the Medical Officer of Health to provide a further report with respect to Woodbine Race Track.

1h.City Clerk

(June 8, 1999)

Advising that the North York Community Council, at its meeting on May 26, 1999, received the report (March 26, 1999) from the Medical Officer of Health, and referred the following recommendations to the Medical Officer of Health and the City Solicitor, that:

(1)Recommendations Nos. (1), (4), (5) and (6) embodied in the policy options and recommendations attached to the report (March 26, 1999) from the Medical Officer of Health, be adopted;

(2)Recommendations Nos. (2)(ii)(a) and (2)(ii)(b) embodied in the policy options and recommendations attached to the report (March 26, 1999) from the Medical Officer of Health be amended to read as follows:

"2(ii)(a)Restaurants become smoke-free June 1, 2000 and bowling centres become smoke-free April 30, 2001"; and

"2(ii)(b)Casinos, bars, billiard and bingo halls become smoke-free June 1, 2001, with the distinction between bars and restaurants being that a bar is where alcohol is served and where admittance is restricted to persons 19 years of age and older at all times"

and the recommendations as so amended, be adopted;

(3)Recommendation No. (3) embodied in the policy options and recommendations attached to the report (March 26, 1999) from the Medical Officer of Health be amended to reflect Option No. 1 outlined in the Fact Sheet summarizing the options being recommended by the Medical Officer of Health to the Board of Health; and the recommendation as so amended, be adopted;

(4)the Provincial Government be requested to implement uniform Province-wide legislation to prohibit smoking in all public places, bars and restaurants, similar to the proposed harmonized Environmental Tobacco Smoke (ETS) By-law for the City of Toronto;

(5) the Federal Government be requested to make tobacco an illegal substance; and

(6)the Medical Officer of Health and City Solicitor be requested to report on the following:

(a)the filtration devices and ventilation equipment referred to in the deputations made by owners of hospitality establishments, which are currently available; and

(b)the feasibility of instituting performance standards which would be related to air quality.

1i.City Clerk

(June 11, 1999)

Advising that the Toronto Community Council, at its meeting on June 8, 1999:

(A)recommended that:

(1)restaurants, bars, bowling centres, casinos and bingo and billiard hall have 75percent non-smoking and 25 percent smoking;

(2)the report (April 6, 1999) from the Medical Officer of Health, titled "A Harmonized Environmental Tobacco Smoke (ETS) By-law for the City of Toronto - Policy Options and Recommendations", be amended by:

(a)adding a new Recommendation No. (7) to read:

"That the City make requests for proposals for a multi-year publicity and education campaign that:

(a)reflects Council's decisions on smoking in restaurants, bars and similar places; and

(b)is aimed at reducing smoking;

and that such a campaign involve funding partnerships with the private sector; and

(b)adding a new Recommendation No. (8) to read:

"That the City, in co-operation with appropriate business associations, monitor carefully the economic impact of any smoking regulations on the restaurant sector;" and

(3)the Medical Officer of Health, the Commissioner of Economic Development, Culture and Tourism, and the Commissioner of Urban Planning and Development Services report on the appropriate technology which will help to minimize second-hand smoke; and

(B)requested:

(1)the Medical Officer of Health, in consultation with appropriate officials to report to the Board of Health, at its special meeting to be held on June 28 and 29, 1999, on the following motion by Councillor Bossons:

"That the report (April 6, 1999) from the Medical Officer of Health, titled "AHarmonized Environmental Tobacco Smoke (ETS) By-law for the City of Toronto - Policy Options and Recommendations", be amended by adding a new Recommendation No. (3)(iv) to read:

'That restaurants with 40 or fewer seats be exempted from any smoking regulation on condition that they decide themselves whether to be a 'wholly smoking' or 'smoke-free' and post the chosen arrangement at their door.'"

(2)the Medical Officer of Health, in consultation with the Commissioner of Economic Development, Culture and Tourism and the City Solicitor, and in consultation with stakeholders, to report to the Board of Health, at its special meeting to be held on June 28 and 29, 1999, on the possibility of creating separate rules for restaurants and bars; and

(3)the Medical Officer of Health to report to the Board of Health, at its special meeting to be held on June 28 and 29, 1999, on the New York by-law, and in her opinion, how it can be altered to make it applicable to the City of Toronto.

1j.Communications from the following with respect to the proposed

harmonized Environmental Tobacco Smoke By-law:

(i)(April 16, 1999) from Ms. Judith Myrvold, Chair, Council for a Tobacco-Free Toronto, forwarding a petition from 510 persons urging the adoption of a 100percent smoke-free public place by-law for the City of Toronto;

(NOTE: Petition is on file in the office of the City Clerk)

(ii)(May 26, 1999) from Dr. Martin J. Yaffe, Ph.D., Sunnybrook Health Science Centre, University of Toronto;

(iii)(May 29, 1999) from Ms. Sandra Pavan, Beacon Hill Tenants Association;

(iv)(May 29, 1999) from Ms. Karen L. Bass, Recording Secretary of the Kennedy Bingo Sponsors' Association;

(v)(May 31, 1999) from Mr. Gordon Brown, President, Coping In Tough Times;

(vi)(May 31, 1999) from Mr. Alf Grigg;

(vii)(May 31, 1999) from Mr. Thomas W. Laprade, Thunder Bay;

(viii)(June 18, 1999) from Ms. Judith Myrvold, Chair, Council for a Tobacco-Free Toronto;

(NOTE: A copy of the newspaper articles appended to the foregoing communication is on file in the office of the City Clerk)

(ix)Petition submitted by the Council for a Tobacco-Free Toronto signed by 200 persons requesting that all public spaces, including restaurants, bowling alleys, bingo halls, billiard halls and bars become 100 percent smoke-free, no later than the year 2001.

(NOTE: Petition is on file in the office of the City Clerk)

2.APPOINTMENT OF SCHOOL BOARD TRUSTEE TO THE

BOARD OF HEALTH.

City Clerk

(June 21, 1999)

Advising that City Council at its meeting held on June 9, 10 and 11, 1999, adopted Clause No. 1 of Report No. 6 of the Nominating Committee, headed "Appointment of School Board Trustee to the Board of Health", and, in so doing, appointed Ms. Gerri Gershon, Trustee - North York Centre South, Toronto District School Board, as the School Board representative on the Board of Health for a term of office expiring on November 30, 2000, and until her successor is appointed.

ANY OTHER MATTERS.