At 12:40 a.m., after about 90 minutes of debate during an almost seven-hour meeting, city council officially adopted a motion supporting a controversial new bylaw that bans smoking of tobacco, cannabis and e-cigarettes in city parks, trails and most city-owned property.
Council was originally poised to enact the new legislation in January but opted to postpone the decision in the wake of concerns about the sweeping new rules.
Specifically, council got an earful from Nordia, the company that leases the city-owned building at 2 Hunter Valley Road in which it operates a call centre.
Staff at the centre smoke in a designated, fenced-in area adjacent to the building. The new bylaw would have rendered that area illegal, forcing employees who want to smoke to go to the sidewalk on West Ridge Boulevard.
The operator of the cafe at the Leacock Home also expressed concerns about the new bylaw.
And the Orillia District Chamber of Commerce used the postponement to formally weigh in on the issue.
Chamber officials urged the city to delay enacting the bylaw in lakefront parks and at their transient waterfront marina this summer so that more research could be done on the potential economic impact of the change.
They asked, specifically, for council to exempt the gated docks at the Port of Orillia, where people pay to moor their boats.
They also asked that Centennial Park not be subject to the bylaw during the Port of Orillia Pirate Party and the chamber’s Christmas in June event. They also requested Couchiching Beach Park be exempt from the bylaw during the Spring Boat, Cottage and Outdoor Show and the Orillia Waterfront Festival.
In the end, council did grant an exemption to Nordia. But it was not exactly what Nordia requested; they wanted the entire property to be exempt from the bylaw.
However, council, after much debate, opted to provide the exemption only for the current smoking area.
That did not sit well with Ward 3 councillor Mason Ainsworth.
“As someone who used to work in this building, actually it’s quite interesting the culture there,” he said. “There’s quite a few people who do smoke in the designated smoking section, which is also referred to as The Cage.”
However, Ainsworth said some employees like to walk around the parking lot while smoking or sit at one of the picnic tables while smoking.
He said restricting smoking to that small area is limiting to staff.
“I think we’re kind of splitting hairs,” said Ainsworth, noting council should exempt the whole property. To do otherwise, he said is “just ridiculous.”
Coun. Pat Hehn agreed, saying it was “too Big Brother” to limit smoking to The Cage.
The majority of council thought otherwise and limited the exemption to the current, fenced-in area.
Councillors also agreed to allow people who book the Leacock Home property for special events, such as weddings, to apply for an exemption to the bylaw as part of their permit process.
Council delegated authority for that decision to the director of parks, recreation and culture.
Ward 1 Coun. Ted Emond said he thought such a policy was too specific.
“I am in favour of an exemption mechanism but not exclusive for this property,” said Emond, who thought council should open up the exemption procedure to all city-owned property.
After much debate, council voted 5-4 to allow users of the Leacock property to apply for an exemption.
The request from the chamber also generated significant debate.
Ainsworth stressed council should heed the organization’s concerns.
“They have said this is something they’d like to have,” noted Ainsworth of the requested exemptions. “If you read the report, it has specific examples of how this would help them and make things a little more simple and how it would support economic development within the city.”
He said the exemption is “worth testing out” and noted a bylaw is a “living document. We can always change (direction)” at a later time.
“The chamber, which represents a huge amount of businesses across the city comes forward, does a bit lobbying, says here’s some ideas ... I think we should listen to them," said Ainsworth.
Ward 4 Coun. Tim Lauer said providing an exemption for an entire park during a weekend event goes too far.
He suggested the chamber could come back with a request for a permit for a “designated area - not the whole park for a whole weekend.” He said that’s something council could decide on a case-specific basis.
Coun. Ralph Cipolla agreed, saying the whole purpose of the bylaw is to reduce the risk of second-hand smoke.
That sentiment won the day; council opted not to grant the exemptions sought by the chamber.
Emond said council has “boxed” itself in by turning down the chamber’s request.
“I was hoping we could find a mechanism for any group who wants to use city property for any event to apply for a one-time exemption,” said Emond.
In not accomplishing that, Emond said council has missed the mark.
“I think that’s a travesty for the chamber, I think it’s a travesty for other groups … there are times when an exemption is genuinely needed and appropriate.”
Mayor Steve Clarke worried the perception would be that the city made concessions for its own properties but would not do the same thing for an outside entity.
He said in rejecting their request “I believe we have sent a message to the chamber their request was less meaningful than city-owned property ... although I’m sure that is not out intention.”
Lauer disagreed.
He said he is not sure “why this is an affront to the chamber … what are we doing differently that would cause any problem with the chamber?”
He said the exemption for Nordia is “completely different than a park. The public doesn’t generally walk through Nordia.”
Lauer said the exemption for the Leacock property “is based on the fact we are leasing out a business there which relies on this kind of business and even in that case it’s not a blanket exemption. Customers have to apply for a permit. I don’t see how we’re not treating the chamber fairly.”
There was, briefly, talk about postponing the decision a second time. That did not gain traction.
Similarly, Coun. Hehn tried to get support to exempt the Orillia City Centre from the new bylaw.
She noted the building is the city’s “flagship” and said citizens entering the building should not be confronted by employees congregating on the street, smoking.
That’s what will happen when the new bylaw is in place, she noted, explaining staff will no longer have a designated smoking section at the rear of the building.
But Clarke said the city needs to “lead by example” and should not exempt itself when others must follow the rules.
Ainsworth agreed, calling it a “slippery slope”.
In the end, council adopted a motion that supports the bylaw, scheduled to be presented to council on April 1, 2019.
Included in that bylaw is the hiring of a new part-time bylaw enforcement officer funded through money provided by the province as a result of the city “opting in” to allowing retail cannabis stores in the city.
The new bylaw will come into effect May 15.
THE NEW BYLAW:
The new bylaw being presented to council April 1 bans smoking/vaping outdoors on property owned or leased by the city, including but not limited to the following:
- (a) any property upon which is located a municipal building, park, or beach;
- (b) any parking lot, trail, walkway, or lane;
- (c) any dock;
- (d) on or within a vehicle located on City-owned or leased property; and,
- (e) on or within a boat located or moored on City-owned or leased property.
General exemptions:
The bylaw wound not apply to a person:
- (a) Smoking/vaping on any portion of a highway;
- (b) Smoking/vaping while they are situated on a vessel containing sleeping, cooking, and toilet facilities that is moored within any city-owned or leased water lot;
- (c) Smoking/vaping on a campsite within a park, provided the campsite has been approved by the City in conjunction with a special event;
- (d) that is entitled to possess cannabis for medical purposes pursuant to a medical document issued pursuant to the Cannabis Regulations, SOR/2018-144 promulgated under the Controlled Drugs and Substances Act (Canada) S.C. 1996, c. 19, or successor legislation or regulations made thereunder, if the said person is smoking/vaping cannabis more than 20 metres of; i) an entrance and/or exit to a City-owned or leased building; ii) any point on the perimeter of a parking lot, trail, walkway, lane, children’s playground, sporting area, spectator area adjacent to a sporting area, and beach; and, iii) any point on the perimeter of the grounds of a community recreational facility.
