Lone Liberal votes against smoking ban act

The territory's public smoking ban was given assent in the legislature Tuesday after a 16-1 vote in favour of the Smoke-Free Places Act.

The territory’s public smoking ban was given assent in the legislature Tuesday after a 16-1 vote in favour of the Smoke-Free Places Act.

The MLAs’ decision means smoking will be banned in all public places and in vehicles carrying people under the age of 18, throughout the territory by at least May 15.

Kluane MLA Gary McRobb was the lone vote against the public smoking ban.

“A number of my constituents voiced their concerns to me about the bill,“ the Liberal told reporters after the vote. He argued it’s unfair to rural communities where there are no laws for indoor smoking areas in bars.

“I felt that’s something that should’ve have been allowed,“ he said. “And once again, that would only apply to communities where bylaws don’t prevent it.“

Whitehorse and Dawson City are the only two municipalities in the territory with smoking bans.

While smoking is outlawed in all public places in Whitehorse, in Dawson, it’s banned everywhere with the exception of establishments that don’t allow minors to enter.

There are still a lot of questions that haven’t been answered around enforcing the new law. There also remain questions around lawsuits and the cost to taxpayers, McRobb said, noting the regulation around smoking in a commercial vehicle.

The act prohibits smoking in vehicles used for employment purposes when there are two or more individuals in it.

“Basically, I made my arguments known during second reading and committee of the whole,“ said McRobb.

“Overall, I’m in favour of such a bill; however, I felt this one could’ve been improved had the amendments I brought forward been passed, and unfortunately, other members voted against those amendments.“

NDP Leader Todd Hardy, who proposed the public smoking ban, said he didn’t put a lot of thought into his former caucus colleague’s vote, but was happy to see the ban approved.

“I’m very, very pleased, of course,“ he said. “We’ve worked on this one for a long time, ever since the promise we made during the last territorial election.“

The process the bill has gone through, involving an all-party committee seeking public input, is one the entire territory can be proud of, Hardy said.

During discussion on third reading in the legislature yesterday, the NDP leader noted the involvement of all three parties in developing the legislation.

“Although it was introduced by the NDP, it was not totally crafted by the NDP,“ he said.

“This is an act that has input from all three parties; it is an act that has had voicing with the people of this territory with a select committee that went out and heard from the people directly in regard to it; it is an act that has been revised and amended in good faith from all parties in this legislative assembly; and it is a sign - a greater sign than just what it stands for - that we in this legislative assembly can rise above partisan politics, put aside scoring points for the next election, and do what is right for the people of this territory.“

NDP Health critic John Edzerza also praised the work that went into the legislation, with Health and Social Services Brad Cathers offering his thanks to the many people involved in it.

“As we can anticipate, based on the vote by members at second reading, if this legislation does pass the house, it will be a rare occasion, whereby a private member’s bill is actually brought forward through the entire process in the legislative assembly and receives approval,“ Cathers said prior to the vote. “That doesn’t happen very often in any house across the country.“

Along with noting the combined efforts of all three parties, Liberal Leader Arthur Mitchell also noted the act will be a benefit to residents in the territory.

“I believe that Bill No. 104, Smoke-Free Places Act, will contribute to the positive health of all Yukoners, both present Yukoners and Yukoners in the future. That’s a very important fact,“ he said.

In addition to inside public buildings and vehicles with minors or for employment, smoking will be banned on outdoor decks and patios attached to businesses such as bars and restaurants.

Retailers will be required to move cigarettes from the display wall behind the cash register to beneath the counter within a year. As well, they cannot post signs indicating there are tobacco products for sale.

There are also restrictions on smoking in common areas of group-living facilities, with allowances for smoking in individual apartments or rooms.

And finally, regulations are being drafted that will set out the distance from doorways, windows and intakes at which smoking will be permitted.

Penalties for such infractions will also be put in place.