Wellington County’s smoking bylaw is leaving at least one Wellington North councillor fuming.
On Nov. 27, Wellington County council passed its bylaw regulating smoking in public places and workplaces throughout Wellington County.
The county had a bylaw in place in 2003 which was repealed with the new bylaw.
A report from County Clerk Donna Van Wyck, noted the the Smoke Free Ontario Act of 2006 is more restrictive of the county bylaw other than the provisions which prohibit smoking in legions and nursing homes.
The bylaw also does not permit smoking within 5 metres of county buildings or 9 metres of the Wellington Terrace.
She wrote that “before the bylaw will take effect, the majority of the councils of the municipalities in Wellington County, representing the majority of the electors in Wellington County must pass resolutions consenting to the bylaw.”
Broomhead said the report was sent out to all seven lower tier municipalities in Wellington County.
“It just doesn’t seem fair that you can’t smoke in the Legion,” said councillor Ross Chaulk.
Councillor Dan Yake asked how it affects local municipality.
“This is for all of Wellington County,” Broomhead said. “It will affect all of us.”
He added that the bylaw was actually phased in from its introduction in 2006. He noted a number of nursing homes had already eliminated smoking from their premises.
“The phase-in time is up.”
Yake then asked how the smoking bylaw would relate to a municipal building.
Broomhead said it would be the same as for a county building.
Matusinec however said that in essence, the county does not even need the bylaw (because of the provincial legislation).
Yake then asked how the bylaw would then affect places like the Sports complex in Mount Forest.
“How do we enforce it?”
Councillor Bob Mason believes that is covered under the Ontario legislation.
Broomhead said no one could stand up against the building and smoke, or they’d risk being charged. That also applies to the covered canopy of the building.
Broomhead said they have to be five metre from the canopy as well.
Yake used the community centres in Arthur and Mount Forest as examples.
Most community centres have awnings.
“Both of them, there’s not a night you can go into either one of them without having to walk around people who are smoking.”
He said, “unless we can enforce it, and I mean seriously enforce it, then it’s really not worth the paper its written on.”
If it is a county bylaw, he asked if the county would be the ones enforcing the bylaw.
Broomhead said the bylaw would be enforced by the OPP.
He said it was no different than someone smoking in a place of business. There is the chance of getting caught.
Yake contended that “in a public facility it is different. That’s where the enforcement really needs to be.”
“I cannot see charges ever being laid, because of someone smoking outside the door of one of our buildings,” Yake said. “It’s a useless piece of legislation.”
He said he used the arenas as an example because he goes to both locations.
“You have to walk in there through clouds of smoke, people who are in your way, and cigarette butts all over the ground. I’m just venting that this is a piece of useless legislation.”
Broomhead contended that at local hospitals, the numbers of people smoking directly outside the building has dropped considerably. “You don’t see that anymore.”
Yake said that “even at the hospital they probably don’t enforce it like they should.”
Councillor Ross Chaulk said he saw the sense of the legislation in places of employment, and that many had established shelters where staff could smoke.
He asked if there would be some point in time when the township would be asked to build a shelter 25 to 50 feet away from the building.
“If we are, we’ll have to address it at that time,” Broomhead said.
He was also uncertain if those areas have to be covered.
Chaulk said they have sheds for some of the Mennonite horses. The next thing, we’re going to get a request for a covered shelter.
“But the horses aren’t allowed to smoke,” quipped Broomhead.
Yake said it is discouraging and very embarrassing, when people walk to the new facility in Mount Forest and there are cigarette butts and packs everywhere.
“It’s a shame. And no one will regulate it. It’s not worth the time we’re putting into this,” Yake said.
Council did eventually support the county bylaw.
