That the Finance and Administration Committee recommends to City Council:

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1 Report To: From: Subject: Finance and Administration Committee Rick Stockman, Commissioner Corporate Services Department City Hall No Smoking By-law Item: FA File: D 2100 Date of Report: August 26,201 0 Date of Meeting: September 2, Ward@): All Public Meeting 1.0 PURPOSE The purpose of this report is to introduce a by-law prohibiting smoking within nine (9) metres of all building entrances and air intake vents, and within the parking garage at City Hall. 2.0 RECOMMENDATION That the Finance and Administration Committee recommends to City Council: 1. That the No Smoking By-law, forming Attachment 1 to Report FA , be approved, and 2. That staff implement a communications plan to inform internal and external users of City Hall about the by-law and standards. 3.0 EXECUTIVE SUMMARY The negative affects of smoking and second hand smoke are well documented in the medical field and by public health agencies. Presently "No Smoking" regulations at City Hall only address smoking inside the building. Smoking is still a problem when smokers smoke in close proximity to building openings where the smoke is drawn inside by negative air pressure. The proposed by-law attached to this report recommends establishing minimum separation distances for smokers at City Hall. It is recommended that smokers stand back from the building a minimum of nine (9) metres when smoking or carrying a burning cigarette. The objectives of the by-law are to contribute to a healthy work environment, enhance the quality of our indoor air, and contribute to the health and safety of nonsmokers by lessening or stopping toxic compounds from becoming airborne inside the building, and to meet our corporate objective of a LEED certification for City Hall. While voluntary compliance is anticipated, the proposed by-law introduces standards which are enforceable by penalties andlor fines.

2 Report to the Finance and Item: FA Administration Committee (Continued) -2- Meeting Date: September 2,2010 It is recommended that the No Smoking By-law be passed in the form attached to this report and that staff, Council members, and the public be notified by the use of internal notices andlor posters placed in conspicuous locations. 4.0 INPUT FROM OTHER SOURCES 4.1 General > The following areas were consulted in the preparation of this report and by-law: 4.2 Auditor General > Not applicable 5.0 ANALYSIS Legal Services Human Resource Services Senior Environmental Coordinator, Development Services Facility Management Services > Second-hand smoke is a serious health risk to all people, especially infants, pregnant women and the elderly, and can increase a non-smoker's risk for diseases such as asthma, heart disease and lung cancer. According to the Canadian Lung Association second-hand smoke kills at least Canadians every year. > Smoking also contributes to airborne pollution in our work and home environments. > Ontario Regulation 48/06 made under the Smoke-Free Ontario Act (SFOA) mandates a nine (9) metre no-smoking restriction surrounding all entranceslexits of hospitals, psychiatric facilities, long term care homes and rest homes for the aged. In addition, the SFOA prohibits smoking outdoors on properties that house day nurseries, elementary schools and high schools. > The Region of Durham developed a similar by-law for Regional buildings under its authority in 2007 including Regional Headquarters. > Smoking within City Hall is presently not permitted but smoking at, or near its doors, air vents or parking garage is not regulated. > The proximity of smokers to a building affects the quality of indoor air as smoke is drawn indoors by negative air pressure. In order to be effective at preventing this negative impact, smokers should be located a distance of no less than nine (9) metres from doors, air intake vents and from the entrances to the parking garage. > The proposed by-law recommends the creation of no smoking zones at entrances to City Hall and that such areas be demarcated by painting yellow boundary lines nine (9) metres from the entrances and appropriate signage.

3 Report to the Finance and Item: FA Administration Committee (Continued) -3- Meeting Date: September 2, The proposed by-law recommends posting conspicuous signage adjacent to air intake vents and throughout the parking garage to advise smokers of the by-law. 9 The proposed by-law includes fines and penalties which may be administered for an infraction. 9 Enforcement will be through Corporate Security, the City's Municipal Law Enforcement and Licensing Branch, andlor Police Services. 9 The proposed by-law is essential for the City obtaining the Leadership in Energy and Design (LEED) certification requirements related to the renewal of the City Hall Complex. 9 This by-law will apply to employees working in or visiting City Hall, members of Council, anyone attending City Hall on business, and the general public. 9 City staff are currently reviewing the opportunities and impacts of extending this by-law to include other City facilities and locations. 6.0 FINANCIAL IMPLICATIONS 9 The cost of signage and enforcement is covered within the current budget. 7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN 9 This action is consistent with Objective B1 by becoming a cleaner and greener city through the implementation of by-laws to address environmental and health issues. ~lln(ci~al Law Enforcement and Licensing Services "Rick' Stockman, Commissioner Corporate Services Department

4 Item: FA-I Attachment I By-law of The Corporation of the City of Oshawa Being a by-law to prohibit smoking within nine (9) metres of all entrances, exits and air intake vents and in the underground parking garage at 50 Centre Street South. WHEREAS: 1. Municipalities are empowered under sections 10 and 1 1 of the Municipal Act, 2001 to pass by-laws with respect to the "health, safety and well-being of persons". 2. Subsection 115(1) of the Municipal Act, 2007 authorizes municipalities to prohibit or regulate the smoking of tobacco in public places and workplaces. 3. Second hand tobacco smoke is a serious health hazard to inhabitants and workers within the City of Oshawa. NOW THEREFORE the Council of The Corporation of Oshawa enacts as follows: Short Title The short title of this By-law is the No Smoking By-law. DEFINITIONS In this by-law: Ashtray means a receptacle for tobacco ashes and cigar and cigarette butts. City means The Corporation of the City of Oshawa, which is the legal owner of the property municipally known as 50 Centre Street South. No Smoking Sign means a sign at least ten (10) centimeters in diameter showing an illustration of a black, lit cigarette on a white circle surrounded by a red border with a width equal to one tenth of the diameter, with a red diagonal stroke of the same width crossing over the cigarette from the upper left to the lower portion of the circle. Officer means a public health inspector acting under the direction of the Medical Officer of Health for the Region of Durham, a person appointed as an inspector pursuant to the Smoke-Free Ontario Act, S.O. 1994, c. 10, a security officer working for or on behalf of the City of Oshawa, or a Municipal Law Enforcement Officer. Smoking or To Smoke includes the carrying or holding of a lighted cigar, cigarette, pipe or any other lighted tobacco product; and "to smoke" has a corresponding meaning.

5 Item: FA Attachment 1 SIGNS and DEMARCATIONS The City shall ensure that "No Smoking Signs" are posted in a conspicuous manner at each entrance and exit at 50 Centre Street South to indicate that smoking is prohibited within nine (9) metres of the entrances, exits and air intake vents and in the underground parking garage at 50 Centre Street South. The City shall clearly demarcate the no smoking area around the entrances and exits at 50 Centre Street South with a yellow painted line 150 millimetres in width with the words "NO SMOKING" painted in black letters measuring 140 millimetres in height and 80 millimetres in width. PROHIBITION No person shall smoke within nine (9) metres of any entrance, exit or air intake vent or in the underground parking garage at 50 Centre Street South. The City shall not permit any person to smoke within nine (9) metres of any entrance, exit or air intake vent or in the underground parking garage at 50 Centre South. No person shall place an ashtray within nine (9) metres of any entrance, exit or air intake vent or in the underground parking garage at 50 Centre Street South. The City shall not permit any person to place an ashtray within nine (9) metres of any entrance, exit or air intake vent or in the underground parking garage at 50 Centre Street South. ADMINISTRATIVE PENALTIES Each person who contravenes any provision of this By-law shall be liable to pay to the City an administrative penalty in the amount of $ for each contravention of the By-law. OFFENCES Each person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of: (a) not less than $300 and not more than $5,000; (b) (c) not less than $400 and not more than $10,000 for a second conviction of the same offence; and not less than $500 and not more than $25,000 for a third or subsequent conviction of the same offence. CONFLICT This By-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations.

6 Item: FA Attachment I 7.2 If there is a conflict between a provision of this By-law and a provision of any other City By-law, Regional By-law or Provincial or Federal legislation, the provision that establishes the higher standard to protect the health and safety of the public shall apply. 8. SEVERABILITY 8.1 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in certain circumstances, the balance of the By-law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect. 9. EFFECTIVE DATE 9.1 This By-law is effective on the date of its passing. ENACTED AND PASSED this day of,2010. J. Gray, Mayor S. Kranc, City Clerk