CITY COUNCIL
AGENDA REPORT
Subject:
COUNCIL MOTION – SMOKING RELATED MATTERS
On February 23, 2015 Mayor Crouse provided notice in accordance with Section
23 of Procedure Bylaw 35/2009 that he intended to bring forward the following
motion:
In order for Council to debate the motion, the motion must be formally moved.
(Mayor Crouse)
"Using current best practise research primarily in Alberta, Administration
propose by February 28, 2017 to Council, in the form of actual bylaw(s) and/or
policies (new or amendments) relative to smoking related matters, including
those identified in IR 210.2015".
Attachments:
1.
IR 210.2015 – January 16, 2015
Originating Department(s):
Author(s):
City Manager Signature:
Legislative Services
Betty Gaskarth, Legislative Officer
Date:
Council Meeting Agenda
April 20, 2015 / Page 1
File No.: 405-12
ATTACHMENT 1
CITY COUNCIL INFORMATION REQUEST
NUMBER: IR 210.2015
REQUESTED BY:
Mayor Nolan Crouse
ORIGIN OF REQUEST: Meeting January 16, 2015
DATE OF REQUEST: January 16, 2015
MEETING TYPE:
MEETING DATE:
Other
January 16, 2015
AUTHOR:
DEPARTMENT:
DATE RESPONSE
DUE:
Marta Caufield
Legal Services
February 16, 2015
DIRECTOR APPROVAL (if not
author):
GENERAL MANAGER
APPROVAL:
CFO APPROVAL (if necessary):
CITY MANAGER APPROVAL:
[{-
QUESTION:
^
Smoking: What are each of the Cities in Alberta contemplating or what do each have
in place for smoking bylaws relative to Parks, Bus stop areas, E-Cigarettes and in
cars with children?
RESPONSE:
In cars with children
The Town of Okotoks enacted the Smoke Free Vehicles for Children Bylaw on July
14, 2008, which prohibits smoking in a motor vehicle when any child under the age of
16 years of age is present, regardless of whether or not the "windows or doors are
open; or whether it is moving or stationary" (s. 2.1).
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The City of Leduc passed the Smoke-free Vehicles for Minors Bylaw, which came
into effect on July 2, 2011. It prohibits smoking in vehicles with minors "regardless of
whether or not any window, sunroof, car-top, door or other feature of the [vehicle] is
open, or whether the [vehicle] is moving or stationary" (s. 3).
On November 7,2013, the Province of Alberta introduced changes to what is now
called the Tobacco and Smoking Reduction Act, SA 2005, c T-38 (the "Act) (formerly
called the Tobacco Reduction Act), in order to, among other things, prohibit smoking
"in a vehicle in which a minor is present" (s. 3(b.1».
The Act also prohibits smoking in public places, which definition includes outdoor bus
shelters (s. 1(f)(iii)).
The Act is binding throughout Alberta; however, sections 10(1) and (2) authorize
municipalities to pass stronger bylaws which would take precedence over this Act.
E-ciaarettes
Currently, when there are no specific laws or bylaws restricting or otherwise
regulating e-cigarette (otherwise known as electronic smoking product (ESP)) use in
Alberta. The Tobacco and Smoking Reduction Act does not apply to e-cigarettes.
However, the Government of Alberta is monitoring the research on e-cigarettes and
is collaborating with stakeholders to determine whether e-cigarette products should
be regulated in the future. In its August 2014 strategic brief on Electronic Smoking
Products, Alberta Health Services (AHS) indicates that "AHS supports the
development of government policy that would restrict the use of ESPs in public
places, restrict the flavouring of these products, and prohibit the sale of ESPs to
minors." Edmonton's Northlands has banned e-cigarettes in all its venues and ecigarettes may not be used in AHS facilities.
The City of Red Deer reviewed its Smoke Free Bylaw in 2014 and confirmed that its
current definition of smoking is broad enough such that it encapsulates e-cigarettes
and vaping. Therefore, e-cigarettes and vaping are prohibited in Red Deer in the
same manner as smoking.
The City of Calgary is in the midst of an E-cigarette Review Update. This study
includes working collaboratively with AHS on research and will include a citizen
engagement component. Calgary's City Council is expected to hear the results of this
study in June 2015 and will be looking at adding restrictions on e-cigarettes into its
existing Smoking Bylaw.
Parks
The City of Edmonton's Public Places Bylaw currently prohibits smoking within 10
metres of a playground, seasonal skating rink, skate park, sports field or water spray
park. Changes to this bylaw prohibiting smoking in Churchill Square were passed on
February 2,2015 and will come into force on April 15,2015. The City of Edmonton's
Community Services Committee is scheduled to hear about options for prohibiting
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smoking at all outdoor City-owned recreation facilities, parks, and attractions on April
20, 2015.
The City of Red Deer's Smoke Free Bylaw prohibits smoking within 10 metres of a
playground, seasonal skating rink, skate park, sports field, water spray park or
toboggan hill.
The City of Calgary's Smoking Bylaw prohibits smoking within 5 metres of an outdoor
pool, outdoor skating rink, playground, skate park, or sports field.
The City of Medicine Hat's Smoke Free Outdoor Public Places Bylaw prohibits
smoking within 10 metres of an outdoor public place, which definition includes an
outdoor beach, pool, park, playground, skate or BMX park, a seasonal multi-purpose
pad (a surface on which members of the public are permitted to skate or engage in
other physical activities), a sports field or a water playground. Additionally, smoking is
prohibited in that City's Heritage Trail System.
Bus stop areas
While the Tobacco and Smoking Reduction Act and some municipal bylaws (outlined
below) explicitly prohibit smoking in bus shelters, it does not appear that any
municipalities in Alberta currently prohibit or are contemplating prohibiting smoking
within a designated distance from a bus stop.
The City of St. Albert's Smoking Bylaw prohibits smoking in buildings, which definition
specifically includes bus shelters.
The City of Edmonton's Public Places Bylaw prohibits smoking in buildings, which
definition specifically includes any bus shelter or rail platform.
The City of Red Deer's Smoke Free Bylaw prohibits smoking in public buildings,
which definition specifically includes bus shelters.
The City of Airdrie's Smoking Bylaw prohibits smoking in a public transportation
vehicle shelter, which is any structure with a roof designed to protect a passenger
from the elements while waiting for a school bus, a bus, a taxicab, limousine or other
similar vehicles.
The Regional Municipality of Wood Buffalo's Smoke Free Bylaw prohibits smoking
within 10 metres of public transportation vehicle shelters.
CONFIDENTIAL:
No
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