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Smoke-Free By-laws - Health Necessity and Good Economics.

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1 Smoke-Free By-laws - Health Necessity and Good Economics

2 By-laws in Ontario + 250 municipalities have by-laws (~950) + 50% of population Most are “Silver’ Standard - DSA’s (‘magic’ line on the floor), DSR’s (glass aquarium), exemptions for adult sites. Trend - “Gold” Standard - 9 Cities 100% Smoke-Free Ottawa, Waterloo, Guelph, Cornwall etc. + 250 municipalities have by-laws (~950) + 50% of population Most are “Silver’ Standard - DSA’s (‘magic’ line on the floor), DSR’s (glass aquarium), exemptions for adult sites. Trend - “Gold” Standard - 9 Cities 100% Smoke-Free Ottawa, Waterloo, Guelph, Cornwall etc.

3 Rationale Emerging science on harm of second- hand smoke US - EPA ‘93, Ont. Medical Assoc. ‘96, Thunder Bay District Board of Health - Smoke-Free Resolutions in ‘96, ’98 Cost effectiveness of intervention 1) Evaluated as a “Best Practice” 2) Population-wide protection 3) Self-Enforcing 4) More $ back faster Emerging science on harm of second- hand smoke US - EPA ‘93, Ont. Medical Assoc. ‘96, Thunder Bay District Board of Health - Smoke-Free Resolutions in ‘96, ’98 Cost effectiveness of intervention 1) Evaluated as a “Best Practice” 2) Population-wide protection 3) Self-Enforcing 4) More $ back faster

4 Tobacco’s Toll - District of Thunder Bay This year 85 men and 59 women and their families will learn that they have lung cancer; 98 will die of lung cancer (one third of all cancer deaths in the district) 124 will die of respiratory diseases; 532 will die from circulatory diseases; More than 4889 hositalizations for lung and circulatory problems. This year 85 men and 59 women and their families will learn that they have lung cancer; 98 will die of lung cancer (one third of all cancer deaths in the district) 124 will die of respiratory diseases; 532 will die from circulatory diseases; More than 4889 hositalizations for lung and circulatory problems.

5 Short Term - ETS 30 minutes exposure de-tunes the heart of the healthy non-smoker Becomes like the ‘sluggish’ heart of a smoker - JAMA, Vol. 286 No. 4, July 25, 2001 30 minutes exposure de-tunes the heart of the healthy non-smoker Becomes like the ‘sluggish’ heart of a smoker - JAMA, Vol. 286 No. 4, July 25, 2001

6 Long Term - ETS Asthma aggravation, bronchitis & pneumonia deaths, cancers, decreased lung function, heart disease and stroke Plus, you & your clothes always stink. Asthma aggravation, bronchitis & pneumonia deaths, cancers, decreased lung function, heart disease and stroke Plus, you & your clothes always stink.

7 Long Term # 2 New Research - “26 occupational smoker years doubles cancer risk” - International Journal of Cancer, July 2001 Exposed to one smoker x 26 years = 2 x Two smokers x 13 years = 2 x risk 13 smokers x 2 years= 2 x risk One bartender and 26 smoking customers = x 2 cancer risk in one year! New Research - “26 occupational smoker years doubles cancer risk” - International Journal of Cancer, July 2001 Exposed to one smoker x 26 years = 2 x Two smokers x 13 years = 2 x risk 13 smokers x 2 years= 2 x risk One bartender and 26 smoking customers = x 2 cancer risk in one year!

8 Physicians Statement

9 Health Necessity Second-Hand Smoke Third Leading Cause of Preventable Death Non-smokers are injured by same diseases and conditions as active smokers - cancer, heart disease & respiratory problems Toll - 24 to 36 deaths in N.W.O. (How would we respond if this toll was a yearly school bus tragedy …?) Second-Hand Smoke Third Leading Cause of Preventable Death Non-smokers are injured by same diseases and conditions as active smokers - cancer, heart disease & respiratory problems Toll - 24 to 36 deaths in N.W.O. (How would we respond if this toll was a yearly school bus tragedy …?)

10 Legal Issues Smoke-free By-laws are legal - 17 challenges, all turned down Most recent court cases; Toronto, Waterloo & Ottawa Hospitality industry pays the court costs.! Liability - Bar Worker - Throat cancer after 11 years = $466,000 Au. Waiter - Heart disease after 5 years = $86,000 US Smoke-free By-laws are legal - 17 challenges, all turned down Most recent court cases; Toronto, Waterloo & Ottawa Hospitality industry pays the court costs.! Liability - Bar Worker - Throat cancer after 11 years = $466,000 Au. Waiter - Heart disease after 5 years = $86,000 US

11 Northwestern Ontario Fifteen Years Effort Yes - Changes in Public Attitude Limited Legislative Impact –“Blue Collar, Lunchbox” Towns – Councils don’t decide by science! Small Towns Lead - Ear Falls - 100% Schreiber, Terrace Bay & Timmins Fifteen Years Effort Yes - Changes in Public Attitude Limited Legislative Impact –“Blue Collar, Lunchbox” Towns – Councils don’t decide by science! Small Towns Lead - Ear Falls - 100% Schreiber, Terrace Bay & Timmins

12 History - Thunder Bay Smoke-Free Space Committee - 1985 / 86 - Public Opinion Survey N = 903 82% - Yes to regulation 89% - Yes to non & smoking sections Thunder Bay Council passes By-law - nibbled to death over six months ! Smoke-Free Space Committee - 1985 / 86 - Public Opinion Survey N = 903 82% - Yes to regulation 89% - Yes to non & smoking sections Thunder Bay Council passes By-law - nibbled to death over six months !

13 - G.A.A.S.P. - Getting Active About Smoking Passively Tobacco Free Thunder Bay - ‘95-’97 Pre & Post Public Opinion Surveys 57% - 100% all smoke-free 32% - 100% some but not all 10% - No to any By-law N = 382 General Public - Changes in attitude & behaviour City Council - No Action Tobacco Free Thunder Bay - ‘95-’97 Pre & Post Public Opinion Surveys 57% - 100% all smoke-free 32% - 100% some but not all 10% - No to any By-law N = 382 General Public - Changes in attitude & behaviour City Council - No Action

14 Smoke-Free Spaces - 1997 Survey by Northwestern H.U. Residents of Kenora-Rainy River N = 384 64% - all enclosed spaces smoke-free Would use more / sameless Restaurants80%16.7% Bars40.4%15.4% Bingo36.7% 8.3% Residents of Kenora-Rainy River N = 384 64% - all enclosed spaces smoke-free Would use more / sameless Restaurants80%16.7% Bars40.4%15.4% Bingo36.7% 8.3%

15 Latest Public Opinion Surveys Thunder Bay Health and Safety Survey - Statistics Canada - Feb.1998 Support a by-law either 100% smoke-free or separately vented room? 72% - Agreed 22% - Disagreed 6% - No opinion N = 556 Thunder Bay Health and Safety Survey - Statistics Canada - Feb.1998 Support a by-law either 100% smoke-free or separately vented room? 72% - Agreed 22% - Disagreed 6% - No opinion N = 556

16 Nipigon Smoke-Free - Survey 2002 Nipigon/Red Rock/Dorion-Hurkett Tobacco By-Law Survey: All Respondents 0 10 20 30 40 50 60 70 80 90 100 Percent All three towns 97.383.863.093.181.624.7 Second-hand smoke hazardous? In favour of restaurant by-law In favour of bar by- law If DSR, go out more or same If smoke-free, go out more or same Do you smoke?

17 Thunder Bay - Advisory Committee on a Smoke-Free By-law Chaired by the Manager of Licensing & Enforcement One City Councillor - Lawrence Timko Each Hospitality Sector has one rep. plus 4 Health Reps. Report by Sept. 2002 Based on Sudbury’s experience Chaired by the Manager of Licensing & Enforcement One City Councillor - Lawrence Timko Each Hospitality Sector has one rep. plus 4 Health Reps. Report by Sept. 2002 Based on Sudbury’s experience

18 Thunder Bay - Consensus It’s a health issue It’s a workplace issue - Don’t centre out the hospitality sites. Level Playing Field - “We can live with a by-law if it’s the same for all.” Phase-in - Businesses become accustomed to smoke-free regulation 100% Smoke-Free is the goal.! It’s a health issue It’s a workplace issue - Don’t centre out the hospitality sites. Level Playing Field - “We can live with a by-law if it’s the same for all.” Phase-in - Businesses become accustomed to smoke-free regulation 100% Smoke-Free is the goal.!

19 Regional: Schreiber & Terrace Bay Smoke-Free 2000 Committee - 5 Doctors & 1 Dentist - 2 1/2 years education & lobbying Smoke-Free Question on Nov. 2000 Municipal Election - (Under Bill 62 if majority support Council must implement.) Focus on sites used by children & families. April 30 th, 2001 - Restaurants and rented facilities smoke-free. Bars etc. no one under 18 allowed. Smoke-Free 2000 Committee - 5 Doctors & 1 Dentist - 2 1/2 years education & lobbying Smoke-Free Question on Nov. 2000 Municipal Election - (Under Bill 62 if majority support Council must implement.) Focus on sites used by children & families. April 30 th, 2001 - Restaurants and rented facilities smoke-free. Bars etc. no one under 18 allowed.

20 Schreiber & Terrace Bay Billboards Four billboards to increase restaurant traffic especially summer tourist trade. -One approx.. three hours away and the second within one hours driving time both east and west of the two communities. A work in progress - The billboards will be selling the idea of smoke-free year- round. Billboards Four billboards to increase restaurant traffic especially summer tourist trade. -One approx.. three hours away and the second within one hours driving time both east and west of the two communities. A work in progress - The billboards will be selling the idea of smoke-free year- round.

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23 Kenora - Rainy River Northwestern Health Unit’s different approach Postcards to 30,000 households + 20% positive return (Wow!) Ultimatum > 19 Municipalities - Have a plan for 100% smoke-free by May 31 or “Closure Orders” issued under Health Protection Act Ear Falls passes 100% By-law - April ‘02 Northwestern Health Unit’s different approach Postcards to 30,000 households + 20% positive return (Wow!) Ultimatum > 19 Municipalities - Have a plan for 100% smoke-free by May 31 or “Closure Orders” issued under Health Protection Act Ear Falls passes 100% By-law - April ‘02

24 The Issues # 1 Public Space versus Private Space Strong belief among owners / managers “My Business, my space.., I decide. Don’t tell me what to do.” Minority support among public. FACT - In law all restaurants / bars, etc. are “public spaces” Municipalities can pass smoke-free regulation - 17 court cases support Public Space versus Private Space Strong belief among owners / managers “My Business, my space.., I decide. Don’t tell me what to do.” Minority support among public. FACT - In law all restaurants / bars, etc. are “public spaces” Municipalities can pass smoke-free regulation - 17 court cases support

25 The Issues # 2 Mixed Use Facilities Roadhouses; Both a restaurant & bar depending on time of night. Level Playing Field - Concern by all owners - A bar with smoking…, ups food service and scoops business from non- smoking restaurants. Yet public sees bars as ‘different’. Mixed Use Facilities Roadhouses; Both a restaurant & bar depending on time of night. Level Playing Field - Concern by all owners - A bar with smoking…, ups food service and scoops business from non- smoking restaurants. Yet public sees bars as ‘different’.

26 Issues # 3 D.S.R. - Designated Smoking Rooms - Separately ventilated, enclosed, smoking areas Pro - Allows smoking on-site Con - Employees still exposed Are children allowed? Small business costs high Some cities allow and others require 100% smoke-free as final step. D.S.R. - Designated Smoking Rooms - Separately ventilated, enclosed, smoking areas Pro - Allows smoking on-site Con - Employees still exposed Are children allowed? Small business costs high Some cities allow and others require 100% smoke-free as final step.

27 Issues# 4 Economic Impact No objective evidence of city-wide decline in profit - revenue neutral Often slight increase due to ordering more meals vs. drinks Transition - Victoria - First month down, by third month alcohol sales back with 100% smoke-free by-law. (year end - revenue & staff up) Economic Impact No objective evidence of city-wide decline in profit - revenue neutral Often slight increase due to ordering more meals vs. drinks Transition - Victoria - First month down, by third month alcohol sales back with 100% smoke-free by-law. (year end - revenue & staff up)

28 #4b Ottawa -100% smoke-free in Sept. ‘01 KPMG Accountants - Sept. to Nov. ‘01 Hospitality employment  6.5% Unemployment Insurance  9% Oct. Bankrupts down over previous year Ottawa Sun Poll Dec. ‘01 Go out more to Bars / Restaurants 30% Go out less…., 17%Same…., 53% Ottawa -100% smoke-free in Sept. ‘01 KPMG Accountants - Sept. to Nov. ‘01 Hospitality employment  6.5% Unemployment Insurance  9% Oct. Bankrupts down over previous year Ottawa Sun Poll Dec. ‘01 Go out more to Bars / Restaurants 30% Go out less…., 17%Same…., 53%

29 Issues# 5 Ventilation Solution - Choice “Modern technology will solve..,” Tobacco Industry initiative to protect market share. (8%~14%) Funding Restaurant Association and third party front groups $800,000 to Ont. Rest. Assoc. No independent scientific organization backs ventilation. Ventilation Solution - Choice “Modern technology will solve..,” Tobacco Industry initiative to protect market share. (8%~14%) Funding Restaurant Association and third party front groups $800,000 to Ont. Rest. Assoc. No independent scientific organization backs ventilation.

30 Issues# 6 Casinos - Under provincial legislation - Some cities include. Legions - “They fought the war so they can smoke in peace” Country / Curling Clubs - Yet, if it walks like a duck, is it a duck? Economic Exemptions - Good theory but most cities chose not to. Casinos - Under provincial legislation - Some cities include. Legions - “They fought the war so they can smoke in peace” Country / Curling Clubs - Yet, if it walks like a duck, is it a duck? Economic Exemptions - Good theory but most cities chose not to.

31 Key Elements Level Playing Field - Restaurants & Bars need same regulation. Simple, straight forward rules (not like Windsor’s multi-categories) Short Phase-in - Six months or up to a year for an interim by-law Bars - Check for first nine months Public Communication vital Wonder why it took so long…!! Level Playing Field - Restaurants & Bars need same regulation. Simple, straight forward rules (not like Windsor’s multi-categories) Short Phase-in - Six months or up to a year for an interim by-law Bars - Check for first nine months Public Communication vital Wonder why it took so long…!!


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