The Regional General Committee met on April 10, 2003 at 9:39 a.m. in the Council Chambers, Regional Administrative Headquarters, 10 Peel Centre Dr., Brampton.

Regional Chair E. Kolb presided.

A. ROLL CALL

B. DECLARATIONS OF CONFLICTS OF INTEREST

C. APPROVAL OF AGENDA

RECOMMENDATION GC-94-2003:

That the consolidated agenda for the April 10, 2003, General Committee meeting be approved.

Councillor Prentice arrived at 9:41 a.m.

D. DELEGATIONS/PRESENTATIONS

Additional Item

Peter Dundas, Director, Ambulance and Emergency Programs and Dr. David McKeown, Medical Officer of Health Provided Members of General Committee with an Update on Severe Acute Respiratory Syndrome (SARS) (Oral)

Received

Peter Dundas, Director, Ambulance and Emergency Programs, advised that on March 26, 2003 the Premier of Ontario declared a state of emergency in Ontario with respect to Severe Acute Respiratory Syndrome (SARS).

Peter Dundas stated that the Regional Emergency Operations Committee (REOC) was activated on Saturday, March 29, 2003 and thereon, daily meetings commenced on Sunday, March 30, 2003 to discuss matters relating to SARS. The last REOC meeting was held on Wednesday, April 9, 2003. He thanked all individuals involved in the operations of the meetings, including representatives from the area municipalities and Regional staff, for their enthusiasm and dedication to ensuring that the residents of Peel were kept safe.

He advised that staff from Ambulance and Emergency Programs is working with Public Health, the area acute care hospitals, the Minister of Health and the Provincial Operations Centre (POC) to assist in the implementation of all directives related to safety measures and the procurement of supplies. He further advised that, as a precautionary measure the three Region of Peel long term care facilities: Peel Manor, Sheridan Villa and the Davis Centre, are all closed to visitors until further notice. Peter Dundas confirmed that there have been no SARS cases from contact in the Peel community.

Dr. David McKeown, Medical Officer of Health, advised that a new causative virus to SARS may have been identified. He stated that there have been ten deaths in the Province of Ontario from SARS. He advised that the major impact of SARS in the GTA was in the City of Toronto and York Region. Dr. McKeown advised that there were nine probable and suspect cases reported in Peel, none of whom have died. He further advised that there is no risk to being out in public places and to continue taking precautionary steps such as frequent hand washings.

Councillor Whitehead arrived at 9:45 a.m.

D1. Robert MacDermid, Chair, United Way of Peel Thanking the Region for its Support of the United Way of Peel

Received

Items Related to Human Services - Item HS-A2 was dealt with.

HS-A2. Regional Smoke-Free By-law Public Consultation
Presentation by Dr. David McKeown, Medical Officer of Health

RECOMMENDATION GC-95-2003:

That the report of the Medical Officer of Health, dated April 10, 2003, titled "Regional Smoke-Free By-law Public Consultation" be referred to a Special Regional Council Meeting, to be held on May 22, 2003.

See also Delegations/Presentations - Items D2 - D11 inclusive and Items D14-34 inclusive

Councillor Palleschi arrived at 10:05 a.m.

D2. Corey Dalton, Divisional President, Canyon Creek Chophouse to Support the Continued Use of Designated Smoking Rooms (DSRs)

Received

See also Items Related to Human Services - Item HS-A2

Councillor Seglins arrived at 10:14 a.m.

D3. John McDonald, Director, Public Affairs, Rothmans, Benson & Hedges Inc. to Discuss the Importance of Designated Smoking Rooms (DSRs) at their Brampton Facility

Received

See also Items Related to Human Services - Item HS-A2

John MacDonald requested that Rothmans, Benson and Hedges be granted an exemption from the proposed sunset date of June, 2008 for the removal of designated smoking rooms. He noted that without an exemption, the company would have to relocate from Brampton.

D4. Ben So, Plant Facility Engineering Manager, DaimlerChrysler Canada Inc. Regarding the Draft Regional Smoke-Free By-law

Received

See also Items Related to Human Services - Item HS-A2

Ben So requested that Daimler/Chrysler Canada Inc. be granted an exemption from the proposed sunset date of June, 2008 for the removal of designated smoking rooms. He noted that employees are prohibited from leaving the plant site during their shifts for safety reasons and that approximately 1,200 employees are smokers. He further stated that the company employs approximately 3,000 people and it would be impossible to restrict hiring to non-smokers.

Councillor Bissell noted that at the appropriate time, she would be placing a motion to amend the draft by-law as follows:

"Whereas both DaimlerChrysler and Rothmans, Benson & Hedges are unique in the Region of Peel as stated in Appendix I and Subsection 2(3) of the proposed by-law in the report of the Medical Officer of Health, dated April 10, 2003, titled "Regional Smoke-Free By-law Public Consultation";

And whereas both businesses are long term members of the business community in Brampton and have proved they cannot operate without Designated Smoking Rooms (DSRs);

Therefore be it resolved that the exemption for these two businesses include an exemption from the sunset date, stated in this by-law;

And further, that under the conditions that Rothman's move from 5 to 4 DSRs, DaimlerChrysler move from 21 to 19 DSRs;

And further, that all DSRs meet construction and ventilation requirements in the by-law to the satisfaction of the Medical Officer of Health."

Councillor DiMarco arrived at 10:26 a.m.
Councillor Fennell arrived at 10:40 a.m.

D5. Gary Nail, Employee, DaimlerChrysler Canada Inc. Regarding the Draft Regional Smoke-Free By-law

Received

See also Items Related to Human Services - Item HS-A2

Gary Nail requested that the Smoke-Free By-law Committee investigate the feasibility of including in the by-law, restrictions on smoking at building entrances and exits.

He stated that proper enforcement of the by-law is needed with respect to the Designated Smoking Rooms within Daimler/Chrysler Canada Inc. noting that the doors are frequently left propped open.

He also questioned the need for DSRs at the Brampton plant noting that the Windsor facility is 100 per cent smoke-free.

D6. Jim Inglis on behalf of Rutherford Bingo and Gail Bernstein, CEO, International Centre Bingo Representing 37 Charities to Request that the Smoke-Free By-law Include an Exemption for Rutherford Bingo

Received

See also Items Related to Human Services - Item HS-A2

Jim Inglis requested that charity bingo halls be granted an exemption with respect to the proposed 2008 sunset date for Designated Smoking Rooms. He stated that the by-laws currently in effect are sufficient.

Gail Bernstein noted that without such an exemption, the bingo business will fail.

Councillor Fennell requested information regarding the DSR regulations with respect to casinos located in Windsor and other neighbouring municipalities.

Councillor Prentice inquired if staff have investigated the effectiveness of DSRs and requested information regarding steps that the Region could take to assess the air quality in non-smoking sections of bingo halls.

Councillor Gyles inquired as to why casinos and bingo halls are grouped together under the by-law and asked that the Smoke-Free By-law Committee examine separating the two.

D7. Debbie Smith, Executive Director, Boys and Girls Club of Peel Regarding the Draft Regional Smoke-Free By-law

Received

See also Items Related to Human Services - Item HS-A2

D8. Mike Plaus, General Manager, Mississauga Symphony Regarding the Impact of the Draft Regional Smoke-Free By-law on Community Groups

Received

See also Items Related to Human Services - Item HS-A2

Mike Plaus questioned why follow up consultations had been held with bingo hall owners but not with the charitable organizations that utilize them and requested that bingo halls be exempt from the DSR sunset clause.

D9. Jeff Martin, President, Martin Air Systems Regarding the Installation of Designated Smoking Rooms (DSRs)

Received

See also Items Related to Human Services - Item HS-A2

Jeff Martin requested that the specific wording of the by-law be carefully reviewed to ensure it is not ambiguous. He noted that the same by-law wording is interpreted differently among municipalities who are responsible for issuing building permits. He noted that in some municipalities, the DSRs cannot provide access to patio areas while in others, the bar area cannot be within a DSR.

With respect to the December 2003 deadline for approvals of new DSRs, he requested that this date be amended in that December is the busiest time for the hospitality industry and therefore not practical to require establishments to interrupt their business for construction purposes.

D10. Heather Crowe, Ottawa Resident and Cynthia Callard, Executive Director, Physicians for a Smoke-Free Canada to Advocate for Smoke-Free Public Places

Received

See also Items Related to Human Services - Item HS-A2

Councillor Saito thanked Heather Crowe for her advocacy efforts towards a smoke-free environment.

D11. Edie Newton, Regional Director, Central Region, The Lung Association to Speak in Support of the Draft Regional Smoke-Free By-law

Received

See also Items Related to Human Services - Item HS-A2

Councillor Fennell departed at 12:25 p.m.

D12. Mike Reinders, President and Peter Muller, Manager, Heavy Civil Division, Maple Engineering & Construction Ltd. Regarding the Return of Maple's $150,000 Tender Deposit Cheque, Meadowvale North Pumping Station Expansion, Project Number 00-1935

This item was dealt with later in the meeting

D13. Edwin Newton, President and Owner of Nadeco Limited Regarding the Return of Nadeco's $150,000 Tender Deposit Cheque, North Brampton Reservoir Expansion, Project Number 00-1950

This item was dealt with later in the meeting

D14. Mike Cuttle, Owner/Operator, Jake's Boathouse Opposing the Removal of Designated Smoking Rooms (DSRs) in 2005

Received

See also Items Related to Human Services - Item HS-A2

RECESS

General Committee recessed at 12:32 p.m.

General Committee reconvened at 1:08 p.m.

ROLL CALL

 

D15. Stuart Beeston, Vice President, Tortoise Restaurant Group and Ian Baines, President, Jack Astor's Opposing the Removal of Designated Smoking Rooms (DSRs) in 2005

Received

See also Items Related to Human Services - Item HS-A2

Councillor Mullin arrived at 1:15 p.m.
Councillor Gyles arrived at 1:17 p.m.

D16. Lynn Jocham, Rotary Member, Heartlake Rotary Club Opposing the Removal of Designated Smoking Rooms (DSRs)

Withdrawn

See also Items Related to Human Services - Item HS-A2

D17. Bob Naismith, Brampton Restaurant Alliance Opposing the Smoke Free By-Law

Received

See also Items Related to Human Services - Item HS-A2

Bob Naismith stated that he received a letter from the Health department, dated April 2, 2003, on April 9, 2003 advising of the availability of the Public Consultation Report and questioned why there was not more time given to access and review the information.

Chair Kolb noted that at the time the delegation request was received for the four members of the Brampton Restaurant Alliance on April 7, 2003 staff was advised that the delegation already had the report to General Committee and proposed by-law and the delegation was advised of the availability of the consultation report the same day via e-mail.

The Regional Clerk advised that the consultation report was listed as an appendix to the report to General Committee on the Smoke-Free By-law. As such, the information became available to the public 48 hours after receipt by members of Council. Accordingly, the letter distributed by Health department staff stated the report would be available on April 7, 2003.

D18. Art Jacobson, Brampton Restaurant Alliance Opposing the Smoke Free By-Law

Received

See also Items Related to Human Services - Item HS-A2

D19. Steve Anderson, Brampton Restaurant Alliance Opposing the Smoke Free By-Law

Withdrawn

D20. Kevin Stauch, Brampton Restaurant Alliance Opposing the Smoke Free By-Law

Received

See also Items Related to Human Services - Item HS-A2

D21. John McArdle, General Manager, International Centre Bingo to Support the Continued Use of Designated Smoking Rooms (DSRs)

Received

See also Items Related to Human Services - Item HS-A2

D22. Andy Elder, Director of Operations, Shoeless Joe's Opposing Removing Designated Smoking Rooms (DSRs) in 2005

Received

See also Items Related to Human Services - Item HS-A2

Andy Elder requested that the proposed sunset date be amended to 2010 and that the deadline for DSR construction be removed.

Councillor Prentice submitted the following questions and comments to the Regional Chair:

"I see Oakville has exempted Ford from their by-law. How does this exemption compare to others?

How many other buildings in Peel would comply under the DaimlerChrysler exemption?

I prefer each municipality deal with their own by-law - not at the Region level. I know this discussion took place previously but certainly most of Mississauga Council was not aware of the exemptions Brampton made. I don't want business in Mississauga approaching us to allow some exemption."

Councillor Prentice departed at 2:13 p.m., due to personal matters

D23. Courtney Donovan, Policy Advocate and Michael Ferrabee, Executive Vice President, Canadian Restaurant and Foodservices Association Opposing Designated Smoking Rooms (DSRs) in 2005, Impact of Smoking Bans Across Canada

Received

See also Items Related to Human Services - Item HS-A2

Courtney Donovan inquired as to how she can communicate concerns with specific wording in the by-law. The Chair directed that she meet with Health staff and Jeff Martin to discuss the wording of the by-law.

Courtney Donovan and Michael Ferrabee requested that the proposed sunset date for DSRs be amended to 2010.

D24. Len Coupland, Past District Governor, Lions International on behalf of Chinguacousy Lions Club Regarding Designated Smoking Rooms (DSRs) in Bingo Halls

Received

See also Items Related to Human Services - Item HS-A2

D25. Ryan Parks, Ontario Restaurant, Hotel and Motel Association Supporting the Continued Use of Designated Smoking Rooms (DSRs)

Received

See also Items Related to Human Services - Item HS-A2

D26. Tim Lambrinos, Executive Director, Adult Entertainment Association of Canada Regarding the Impact of Smoke-Free By-law on the Adult Entertainment Industry

Received

See also Items Related to Human Services - Item HS-A2

D27. Peter Psihogios, Airport Strip Club Regarding the Impact of Smoke-Free By-law on his Establishment

Received

See also Items Related to Human Services - Item HS-A2

D28. Scott Kurtzman, Treasures Gentlemen's Club to Support the Continued Use of Designated Smoking Rooms (DSRs)

Received

See also Items Related to Human Services - Item HS-A2

Scott Kurtzman requested that adult entertainment establishments be classed the same as casinos as they too attract a specific clientele and are not located in residential areas.

D29. Michael Nelson, Pure Gold, Adult Entertainment Regarding the Impact of Smoke-Free By-law on the Adult Entertainment Industry

Received

See also Items Related to Human Services - Item HS-A2

D30. Steve Georgopoulos, President, Louisiana Restaurant Opposing the Removal of Designated Smoking Rooms (DSRs) in 2005

Withdrawn

See also Items Related to Human Services - Item HS-A2

D31. Heather Cooper, Louisiana Restaurant Opposing the Removal of Designated Smoking Rooms (DSRs) in 2005

Withdrawn

See also Items Related to Human Services - Item HS-A2

D32. Manfred Aach, Prime Restaurant Opposing the Removal of Designated Smoking Rooms (DSRs) in 2005

Withdrawn

See also Items Related to Human Services - Item HS-A2

D33. Chris Kircos, Ariston Restaurant Opposing the Removal of Designated Smoking Rooms (DSRs) in 2005

Withdrawn

See also Items Related to Human Services - Item HS-A2

D34. Soo Wong, Manager, No Smoking By-law, York Region Health Services Regarding York Region's Smoke-Free By-law

Received

See also Items Related to Human Services - Item HS-A2

Soo Wong provided a presentation of the process in place in York Region, specifically noting that compliance testing is performed by a mechanical engineer hired by the Region.

Items D12 and D13 were dealt with.

D12. Mike Reinders, President and Peter Muller, Manager, Heavy Civil Division, Maple Engineering & Construction Ltd. Regarding the Return of Maple's $150,000 Tender Deposit Cheque, Meadowvale North Pumping Station Expansion, Project Number 00-1935

Withdrawn

See also Item D13

D13. Edwin Newton, President and Owner of Nadeco Limited Regarding the Return of Nadeco's $150,000 Tender Deposit Cheque, North Brampton Reservoir Expansion, Project Number 00-1950

Withdrawn

See also Item D12

E. REPORTS AND COMMUNICATIONS

RECOMMENDATION GC-96-2003:

That the items listed on the April 10, 2003 General Committee Agenda being: Items Related to Public Works; Items Related to Management; Items Related to Planning; Items Related to Housing and Property; and Items Related to Human Services, be referred to the April 17, 2003 Regional Council meeting.

F. OTHER BUSINESS

G. IN CAMERA MATTERS

ADJOURNMENT

The meeting adjourned at 3:33 p.m.