Anti-smoking act garners mixed reviews

While Ontarians may love it or hate it, the new Smoke-Free Ontario Act was announced last Wednesday, which, if passed, will take effect by May, 2006.
The Northwestern Health Unit, for one, said the news was a long time coming.
“Definitely, it’s a good thing. We’re just disappointed it will take so long,” said Bill Limerick, director of environmental health for the health unit.
“I understand they want to give people time to prepare for the ban,” he added. “But if we had our wish, it would be implemented right away.”
The Northwestern Health Unit has been trying to get municipalities in the Kenora and Rainy River districts to go smoke-free for the past several years, and many people here already are prepared for the change.
Limerick noted the health unit “helped to instigate the process,” referring to the proposed provincial legislation, and that it is recognized across the province for its intensive efforts to “butt out” smoking in all enclosed public places.
He also said he was certain the act will be passed, adding the new law is simply a sign of the times.
“I think people see the light,” Limerick remarked. “They see the illnesses, the effects, tobacco smoke causes. It hurts people.”
Limerick noted the health unit’s appeal to the Attorney General’s Office of the Health Services Review Appeal Board ruling back in February still is in the works, but he couldn’t say when any developments might happen.
The Health Services Review Appeal Board had ruled the health unit does not have the power to ban smoking in all enclosed public places in the name of public health.
On the municipal front, Fort Frances Mayor Dan Onichuk said he supports the act—for the most part.
He noted when he first started on the job last year, Coun. Struchan Gilson had asked him if he supported banning smoking in Fort Frances. But the mayor responded he had concerns over the ability to effectively police it, and the potential legal challenges that could come out of such a ban.
“I said I’d really prefer to have it coming from the province,” Mayor Onichuk remarked, adding he had heard through some contacts in the Liberal party that such legislation would be coming down the pipeline in the near future.
In the meantime, Mayor Onichuk noted initiatives by the health unit in the past few years have worked, and already have led many people in the district to change their views on smoking in public places.
“I believe we only have a handful of places that even allow smoking anymore,” he said. “Local businesses have been self-policing.”
But the mayor added he has concerns about the proposed legislation affecting private clubs, like the Legion.
“If someone went and risked their life fighting for the freedoms we enjoy today, should be dictating to them?” he asked.
“What if you formed a smokers’ club and only smokers were allowed? the mayor continued. “It would be exclusive, no longer a public place. If you go into a place like that and start mandating laws, where does it end?
“Publicly, I think [the smoking ban] is a great idea. I’m just concerned about the privacy of people.”
That said, Mayor Onichuk noted it’s a proven fact smoking is unhealthy, and he does not want to see anyone forced to work in an environment where smoking is permitted just to make a living.
“I’m a smoker,” he remarked. “I’ve been trying to cut back for years. I don’t smoke as much as I used to. I don’t support smoking—it’s a foolish habit.
< *c>Restaurants, bars
Paul Noonan, co-owner of La Place Rendez-Vous here, said he has “no problem” with the proposed anti-smoking legislation.
“The type of business that we do here at the Rendez-Vous, we have a cocktail lounge,” he noted. “I can see how some businesses might be adversely affected with it, bars in particular, bingo halls, and that type of thing,” he noted.
“For the most part, we’ve had a complete no-smoking ban in effect in our place for over a year now and it hasn’t affected our business adversely at all,” added Noonan.
“It’s something actually that we rather welcome. It makes it a lot more pleasant for people to work in.”
Larry Syrovy, owner of the Rainy Lake Hotel on Scott Street, which includes a smoke-free restaurant as well as a bar that still allows it, said he understands the motivation for the ban (smoking is a health hazard), but feels there should be some concessions for the sake of keeping some types of businesses alive.
“I’m in favour of freedom of choice. People should have the choice,” remarked Syrovy, who also is part of the Freedom of Choice Coalition—a group of bar and restaurant owners who have been opposed to the health unit’s efforts to force the hospitality business to “butt out.”
“If the provincial government decides not to give people the choice, I see nothing wrong with allowing bars to at least have smoking and non-smoking areas.”
Syrovy admitted the cost of setting up a separate ventilated area for smokers would not be small, but it would be worth it to give patrons a choice to smoke indoors or not.
Syrovy also noted in particular cities and whole provinces that have gone smoke-free, the restaurant and bar industry has suffered—particularly in areas with bars for the “working man.”
“A bar could see up to a 50 percent reduction in business. And I don’t know many businesses that could take that,” he warned.
The new Smoke-Free Ontario Act would, if passed, prohibit smoking in all workplaces and public places, including bars, restaurants, casinos, and Legion halls.
The legislation also would prohibit establishments from permitting smokers to light up on enclosed outdoor patios and in private clubs, and outlaw so-called “designated smoking rooms.”
It would, however, permit residents of long-term care facilities to smoke in designated areas and also allow hotels to offer smoking suites to their customers.
The legislation stops short of regulating tobacco use in private dwellings, except in cases where a home operates as a day care or is visited regularly by a health-care worker.