Smokers fume over new bylaw

By Anca Gurzu

Beginning this month, OC Transpo passengers could be fined up to $5,000 for smoking anywhere within nine metres of transit property, including shelters, bus stops or transitways. But some smokers disagree with a new bylaw.

The regulations were announced as part of a public education campaign launched on Nov. 1. The goal is to inform people about the dangers of second-hand smoke and to create a cleaner environment, says Coun. Alex Cullen, chair of the city’s transit committee.

“[This] is a significant change in mindset that is not about smokers versus non-smokers,” says Cullen. “It is about sharing responsibility for the comfort, health and well-being of all of us.”

The new policy is supported by a transit bylaw city council passed in June. The city’s action was prompted by years of complaints by non-smokers, especially residents with respiratory conditions, Cullen says.

The set fine under the bylaw is $150, but it may go up to $5,000. The new measure also applies to OC Transpo employees.

No extra staff will be hired to enforce the new rules, Cullen says.

Strict enforcement will only begin in the new year, but Cullen says bylaw and OC Transpo security officers can use their discretion in issuing fines and warnings until then.

Debbie Igloliorti is a smoker, who rides the bus every day. She says the new regulation will not be easy to implement.

“How can they enforce this on every single street?” she says. “On my street there are 10 stops. Are they going to ride up and down? I don’t think so.”

The city still needs to look at the practicality of this new system, says Alain Mercier, director of transit services.

“We cannot […] have a clear-cut rule for the entire city in one day and [clarifying that] will be part of the education campaign,” says Mercier.

There is already confusion, especially when it comes to the nine-metre smoking distance the city is enforcing.

This standard is also used to prohibit smoking around certain public institutions such as hospitals or schools.

According to another law however, smoking is allowed three metres away from building doors. But there are many bus stops, especially downtown, that are less than nine metres away from those buildings.

Sophie Smith and Melissa Pellerin usually have a cigarette in front of the Minto Royalty building on Sparks Street, very close to a major bus stop.

“I couldn’t see myself changing my smoking place just because of a bus stop,” Smith says.

“If I am legally three metres away from the door, I can respect that, but nine metres is a little bit ridiculous.”

Pellerin agrees. She says it is common courtesy not to smoke around other people at a bus stop.

Gordon Robinson, a special city transit officer, says the law has a purpose, but everything is “in good taste.”

“It’s not for those who are walking by and having a cigarette,” says Robinson. “However, if you’re standing by a shelter and affecting a customer or employee for that matter, [the problem] will be addressed.”

Smith says she does not think the law will be enforceable because nine metres is too far from a bus stop.

“When you’re waiting 20 minutes, half an hour, for a bus and you’re a smoker, you’re certainly not going to stand nine metres away where you can miss the bus, if it ends up coming.”

The new bylaw is another step in the smoke-free approach the city has been taking in recent years.

In 2001, city council passed two other bylaws prohibiting smoking in public places and workplaces such as bars and restaurants.

Today, about 12 per cent of adults in Ottawa are daily smokers, down from 24 per cent when the city first introduced the smoking bylaws, according to its statistics.