Present:

Chair D. Deans
Vice Chair R. Brockington
Councillors: R. Chiarelli, G. Darouze, K. Egli, M. Fleury, J. Mitic,
T. Nussbaum, S. Qadri and M. Qaqish.

DECLARATIONS OF INTEREST

No declarations of interest were filed.

CONFIRMATION OF MINUTES

Minutes 15 - 16 June 2016

CITY CLERK AND SOLICITOR DEPARTMENT

1.

STATUS UPDATE – COMMUNITY AND PROTECTIVE SERVICES COMMITTEE INQUIRIES AND MOTIONS - FOR THE PERIOD ENDING 18 AUGUST 2016

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CITY WIDE

That the Community and Protective Services Committee receive this report for information.

EMERGENCY AND PROTECTIVE SERVICES DEPARTMENT

2.

OTTAWA FIRE SERVICES 2015 ANNUAL REPORT

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CITY WIDE

That the Community and Protective Services Committee receive this report for information.

3.

PROHIBITING THE USE OF WATERPIPES IN PUBLIC PLACES AND WORKPLACES

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CITY WIDE

BOARD OF HEALTH RECOMMENDATIONS

That the Community and Protective Services Committee recommend that Council:

1.         Approve:

a)         The Water Pipes in Public Places and Workplaces By-law that prohibits the use of water pipes in enclosed public places, enclosed workplaces, and outdoor patios, as described in this report and in the draft by-law attached as Document 2, to take effect December 1, 2016;

b)        Amendments to Encroachment By-law (2003-446, as amended), or any successor by-law respecting patios, that prohibit the use of water pipes in café seating and outdoor patio encroachments areas, as described in this report and in the draft by-law attached as Document 3, to take effect December 1, 2016;

c)         Amendments to the Parkdale Market By-law (2008-448, as amended) and the ByWard Market Program By-law (2008-449, as amended) that prohibit the use of water pipes in stands, as described in this report and in the draft by-law attached as Document 4, to take effect December 1, 2016; and

d)        That the City Clerk and Solicitor finalize and make necessary adjustments to the draft by-laws referenced in Recommendations 1(a) to (c) inclusive, to give effect to the intent of Council; and

2.         Amend the phased-in enforcement of the proposed regulatory amendments so that the charging phase would commence January 1, 2017, as discussed in this report.

Anthony Di Monte, A/General Manager Emergency and Protective Services Department gave a brief summary of the recommendations before the Committee and introduced those at the table who would be assisting with the PowerPoint presentation:

·       Dr. Isra Levy, Chief Medical Officer of Health

·       Gillian Connelly, Manager, Health Promotion and Disease Prevention

·       Omar Ansari, Associate Legal Counsel

A copy of the presentation is held on file with the City Clerk’s office.

Following the presentation the Committee heard from the following delegations:

1. *Julia Moussa – Owner, Bay Rock Café – Is very concerned for her business as a shisha establishment.  Her café is a place for gathering and is very cultural.  They have herbal products only and do not allow anyone under 19 years of age.  She feels this could be regulated like alcohol which is far more harmful.

Committee members had a variety of questions for this delegation on demographics, the products used, number of employees, if food was served, etc…  She stated that if this by-law is enacted the business she grew over the past 2 years would be worthless. She asked for a 2 year implementation if it passes.

2. *Lesley James – Heart and Stroke Foundation – She stated that waterpipe tobacco is associated with the same ill health effects as other tobacco products, but very concerned that this has the potential to renormalize tobacco use while becoming a gateway to traditional tobacco. They believe in a strong regulatory framework around waterpipes, preventing their use among minors, restricting their promotion and access, and prohibiting their use in public spaces and workplaces.

The question to the delegation was is there any proof that second hand smoke from herbal shisha products is harmful to third parties and that other products in society are more harmful such as alcohol or sugar.

3. *Pippa Beck - The Smoking and Health Action Foundation – Noted that second hand smoke is dangerous no matter what is burned.  There are many other harmful particulates that are in the air and inhaled by third parties.  As well, many products that state herbal do contain tobacco since this is not regulated by the government.

Committee members raised the matter of fireplaces in restaurants or wood stoves or charcoal to cook and the harmful particulates that may be present.  Where’s the line?

4. *Carmela Graziani – The Ottawa Council on Smoking or Health – They are very supportive of the recommendations before the Committee. They advocated for this 5 years ago and believe that waterpipe smoking is growing among youth.  Ottawa should join the other 43 jurisdictions across Canada and ban this.

Members cited that the Ontario Government had an opportunity to enact laws on this but excluded waterpipes.

5. Rob Cunningham – Canadian Cancer Society – His organization feels it should be banned now. There are new and recent studies that back up the need to ban and the dangers of these products.
6. *Cheryl Parrott – Hintonburgh Community Association – She commented that the experience in their community has shown that a young crowd patronizes the shisha/hookah establishment. Patrons are often seen outside smoking cigarettes as well – allowing no smoke free period while at the establishment. This is an important age group to try to reduce smoking and ensure at least some smoke free period.
7. Sayed Ibrahim – Waterpipe user – Feels there is a cultural and social need for these cafés and otherwise it would be smoked at home and perhaps not good for the family.
8. Edgar Simpson – Property Owner/Manager – He leases out space to a shisha café and has concerns for the businesses that have leases who will suffer from this by-law putting employees and businesses out of work.  Feels that existing cafés be grandfathered.

[ *         All individuals marked with an asterisk either provided their comments in writing or by email; all such comments are held on file with the City Clerk. ]

Staff then responded to Committee members’ questions regarding the concerns raised by the delegations as well as other concerns listed below:

-There has been discussion on this topic since 2012. Time to act.

-Does ventilation help? No amount helps since particulates are still in the air.

-Need for good empirical data on second hand smoke from shisha.

-Many questions on why the province did not legislate this in Bill 178.

-There are approximately 17 hookah/shisha cafés known in Ottawa that might employ about 100 people.

MOTION NO.  16/01

Moved by councillor M. Qaqish

WHEREAS, the Board of Health, in conjunction with Emergency and Protective Services, has submitted to the Community and Protective Services Committee (CPSC) for consideration a proposed by-law, and amendments to existing by-laws, to prohibit the use of water pipes in enclosed public places, enclosed workplaces and outdoor patios; and,

WHEREAS, the primary objectives of the prohibition are to protect public health and to close a gap in legislation, addressing an issue for which municipalities do have authority to regulate; and,

WHEREAS, the Board of Health report submitted to CPSC proposes an implementation plan that includes: an education phase that would begin upon Council approval of the new regulations and would be accompanied by a public awareness campaign; a warning phase that would commence December 1, 2016, the date on which the regulations take effect; and a charging phase that would commence January 1, 2017; and,

WHEREAS, during the charging phase, by-law enforcement staff would issue Provincial Offence Notice tickets, as appropriate, that carry penalties, although once the regulations are enacted, an application would have to be made to the Chief Justice of Ontario for short form wordings to be used on the tickets, as well as an amount of the set fine to be charged; and,

WHEREAS, one month may not provide sufficient time to issue warnings and does not provide sufficient time to obtain set fines, without which enforcement staff would have to issue court summonses for violations, resulting in less timely and efficient enforcement;

THEREFORE BE IT RESOLVED that Recommendation 2 be amended by deleting the words “January 1, 2017” and replacing them with “April 3, 2017”.

                                                                                                            CARRIED

Chair Deans stated that Ottawa was at the forefront when it passed its non-smoking by-laws in the early 2000’s and it’s time to move ahead with these recommendations.

The vote was then put to committee on the amended recommendations.

That the Community and Protective Services Committee recommend that Council:

1. Approve:

a)         The Water Pipes in Public Places and Workplaces By-law that             prohibits the use of water pipes in enclosed public places, enclosed workplaces, and outdoor patios, as described in this report and in the draft by-law attached as Document 2, to take effect December 1, 2016;

b)        Amendments to Encroachment By-law (2003-446, as amended), or any successor by-law respecting patios, that prohibit the use of water pipes in café seating and outdoor patio encroachments areas, as described in this report and in the draft by-law attached as Document 3, to take effect December 1, 2016;

c)         Amendments to the Parkdale Market By-law (2008-448, as amended) and the ByWard Market Program By-law (2008-449, as amended) that prohibit the use of water pipes in stands, as described in this report and in the draft by-law attached as Document 4, to take effect December 1, 2016; and

d)        That the City Clerk and Solicitor finalize and make necessary adjustments to the draft by-laws referenced in Recommendations 1(a) to (c) inclusive, to give effect to the intent of Council; and

2.                     Amend the phased-in enforcement of the proposed regulatory amendments so that the charging phase would commence April 3, 2017, as discussed in this report.

CARRIED as amended, on a division of  9 YEAS and 1 NAY, as follows:

YEAS (9):

Councillors R. Chiarelli, K. Egli, M. Fleury, J. Mitic, T. Nussbaum, S. Qadri, M. Qaqish, R. Brockington, D. Deans

NAYS (1):

Councillor G. Darouze

DIRECTION TO STAFF:

That the Medical Officer of Health, Dr. I. Levy provide Council, prior to the Council meeting of August 31, 2016, with empirical evidence and studies stating that second hand smoke from waterpipes adversely affects third parties.   

INFORMATION PREVIOUSLY DISTRIBUTED

A

USE OF DELEGATED AUTHORITY DURING 2015 BY THE COMMUNITY AND SOCIAL SERVICES DEPARTMENT, AS SET OUT IN SCHEDULE “B” CITY OF OTTAWA, BY-LAW 2014-435

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CITY WIDE

B

USE OF DELEGATED AUTHORITY DURING 2015 BY PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT, AS SET OUT IN SUBSECTIOHNS 13 (8) AND 13 (9) AND IN SECTIONS 11 TO 21 OF SCHEDULE “B”, OF BY-LAW 2014-435

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CITY WIDE

C

UPDATE - HARMONIZATION OF RECREATION PROGRAMS AND FEES

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CITY WIDE

INQUIRIES

Councillor K. Egli

a)            The City of Calgary has utilized a “responsible pet owner model” to deal with issues related to aggressive dog behaviour since 2000

b)            This program is recognized as one of the most effective in North America

c)            In light of the success of this program has staff reviewed and considered this model in formulating recommendations in relation to the upcoming review of the Animal Care and Control Bylaw?

d)            If not can staff do so?

Councillor R. Brockington

1)            How does Ottawa Bylaw enforce the prohibition of individuals owning, breeding, transferring, importing or abandoning pit bulls?

2)            How does Ottawa Bylaw proactively monitor and enforce matters related to dogs in city parks?

ADJOURNMENT