Elliot Lake Council members have voted for a new smoking bylaw which packs a $150 fine for all violators. Elliot Lake's Chief Building Official Leo Chaloux did the research on the smoking issue before he wrote the new bylaw.
Councillor Ed Pearce told his fellow councillors the issue came to the fore after the Trudeau government's legalization of recreational marijuana, following large increases in vaping and due to the fact that Elliot Lake's smoking bylaw hadn't been updated for a long time.
After being passed unanimously at Monday's City Council meeting, the smoking bylaw will be enforced by the City of Elliot Lake bylaw enforcement personnel.
Previously smoking enforcement was the responsibility of Algoma Public Health but the health agency never got behind the old city bylaw.
After the new smoking bylaw is approved by the Chief Justice of Ontario, which could take a few months, $150 tickets will be handed to those who fail to comply. Enforcement will be carried out in the same way police hand out traffic tickets or the Elliot Lake Fire Department issues tickets for people who violate our fire regulations.
Until the province gives its blessing, tough, offenders will be given a summons to appear in court for violating the smoking bylaw. It also means Elliot Lake will have no way to recover its enforcement costs, until the bylaw gets official provincial approval of the bylaw's wording and fine structure.
The smoking bylaw applies to tobacco, vaping and cannabis. New 'No Smoking' signs will be issued and posted in appropriate areas. It is expected the City of Elliot Lake will add staff for smoking bylaw enforcement.
Looking around the city hall council table, Councillor Tom Turner noted that he and three other council members are business people who could be fined if someone decides to smoke in or around their buildings. He said he was concerned about how the bylaw will be enforced regarding proprietors and employers.
He observed, "I won't be happy if I get fined for someone smoking In the parking lot." Turner added, "It (the smoking bylaw) would apply to the city and the hospital. We don't need these sections. We're going too far there. Who are you going to give the ticket to?"
His amendment to limit the bylaw failed.
"It is the employer's role and the proprietor's role. They need to police their own areas. That includes the city. We have to be careful to make sure our City of Elliot Lake workplaces and environments are smoke free," said Elliot Lake Chief Administrative Officer Dan Gagnon.
Mayor Dan Marchisella asked for clarity.
"It's as clear as mud. It appears that a proprietor will be held responsible no matter what is done to warn about smoking penalties, so they must babysit the parking lot," he said.
The mayor said he hopes common sense will prevail.
"You are going to have people who are going to smoke in the wrong place," Marchisella said.
Councillor Ed Pearce observed the Elliot Lake smoking bylaw is patterned after the Smoke Free Ontario Act.
"Algoma Public Health will have a public education program," said Pearce.
Councillor Chris Patrie told his fellow council members that in all of Ontario, the province has only 11 smoking bylaw enforcement officers.
"I'm 100 per cent in favour of getting this passed and getting it started," Patrie said.