No-smoking law to kick in May 15

A Yukon-wide ban on smoking in public places will be in effect May 15.

A Yukon-wide ban on smoking in public places will be in effect May 15.

In what Premier Dennis Fentie and NDP Leader Todd Hardy are calling a sincere demonstration of co-operation among political parties, the legislation was brought forward for final debate Wednesday afternoon.

Third reading of Bill 104 advanced by the New Democrats will occur before the end of the legislature’s spring sitting, and will be in effect for the beginning of the summer tourist season.

Hardy pointed out in an interview this morning the all-party support for the bill arises out of general health concerns for Yukoners and the recognition that the territory is the last jurisdiction in Canada to implement a smoking ban in public places.

In a rare break from common practice, the majority Yukon Party permitted the New Democrats to bring their bill forward Wednesday on a day that is normally reserved for motions sponsored by the government.

“It was a gracious move,” Hardy said this morning.

“I believe that Mr. Fentie recognizes this was the direction the territory needs to go in; this was the wish of the people.”

The NDP first introduced the bill last spring, which prompted an all-party community tour of the territory last fall.

The ruling government declined to bring the legislation forward last fall to reserve the option to craft its own legislation.

It was approximately six weeks ago that the Yukon Party invited the NDP to work with officials from the Department of Justice and bring forward the original legislation proposed last spring with amendments.

Fentie said the bill is in the best interest of Yukoners, and facilitating its expedient debate in the legislature is an example of his government’s commitment to doing what’s best for Yukoners.

It was recognized, the premier added, that the territory is lagging behind the rest of the country with this type of legislation.

Banning smoking in vehicles carrying youth and children under the age of 18 was among the major amendments made to the original bill during yesterday’s debate.

Others highlights of the legislation include:

- A ban on smoking in all public places, including outdoor decks and patios attached to businesses like bars and restaurants, beginning May 15;

- A requirement for all cigarette retailers to remove cigarettes from the usually prominent display wall behind the cash register to beneath the counter, no later than a year after May 15.

The legislation does permit the retailer to post a modest sign indicating tobacco products are available for sale.

- It will be against the law to smoke in a vehicle used for employment purposes when there are two or more individuals inside the vehicle.

- Smoking within a certain distance of doorways, windows or intakes will also be prohibited. Regulations setting out exact distances, as well as the penalties for infractions, are currently being drafted.

- There’ll be restrictions for smoking in common area of group-living complexes to provide for senior housing and such, but allowances for smoking in individual apartments and rooms.

Employees and managers of public facilities will have the responsibility to inform patrons of the no-smoking legislation, and will be required to cease service if a patron continues puffing away.

They won’t be responsible for asking a patron to vacate the premises, however, as a result of an amendment introduced Wednesday by Health Minister Brad Cathers.

Cathers said forcing employees to assume an enforcement role would go against previous court rulings made in challenges to the smoking bylaw implemented by the City of Whitehorse several years ago.

Under the city bylaw, restaurants were required to ban smoking as of Jan. 1, 2004, while bars and a local billiards hall had an extra year’s grace.

Hardy said the May 15 deadline includes all public places, as it was the expressed desire during last fall’s community tours.

Having the two time frames for the city did nothing but cause grief among business owners, and some inside city hall have admitted in hindsight that it was the wrong way to go.