Newmarket looking for public input on cannabis smoking restrictions

Yorkregion.com
March 26, 2019
Teresa Latchford

The Town of Newmarket is looking to the public to help them shape bylaws involving prohibition of smoking and vaping cannabis in town.

The question is what prohibition “threshold” the public would tolerate when it comes to restricting where cannabis use would be allowed, acting clerk Kiran Saini said during a recent presentation to town council, which provided three options for consideration.

While town officials have already forgone the option to host a cannabis retail store in Newmarket, it is still left with the task of setting local bylaws on where cannabis use would be allowed above and beyond the restrictions of the current Smoke-Free Ontario Act.

“During the previous cannabis discussions staff was directed to explore updating bylaws related to smoking or vaping cannabis,” Saini said. “Since no level of prohibition or regulation was included in that direction, there are three options before you.”

Option 1:

Restricting cannabis use to within a dwelling which would only allow cannabis consumption in an individual’s home, sidewalk or highway.

The benefit would be restricting the odour, often described as a skunk-like smell, to individual homes. However, this option might be challenging to enforce and isn’t aligned with how tobacco is consumed. This also may expose others to second-hand smoke, especially in multi-unit buildings.

Option 2:

Align the bylaw with the Smoke-Free Ontario Act, which currently lays out restrictions for smoking or vaping on patios, in public areas, workplaces, sheltered areas, in vehicles and boats, in and near child-care facilities, public and private schools, playgrounds, town-owned sports areas, reserved outdoor seating venues, community recreational facilities and more.

The benefits include education already being conducted by public health agencies, signage is already in place and these are consistent rules that apply across the province. The downside would be the community could feel that more restrictions are needed locally.

Option 3:

Aligning with the provincial act and setting additional restrictions, which would provide more regulations around areas the town considers to be sensitive.

For example, Riverwalk Commons is an area where events, festivals and children’s activities are held so the town could designate the entire area as non-smoking and non-vaping or designate a specific smoking and vaping area on the south end.

When it comes to town-owned parks and trails, smoking tobacco is already not allowed anywhere in Sunnyhill Park due to the proximity of the hospital, within 20 metres around any park as well as park entrances and exits. Cannabis could be added to these bylaws.

Council could also consider applying a ban on all town facilities, not just those deemed for recreational use.

It should be noted that each sign would cost $100 with installation in all parks estimated to cost $28,000, Saini said.

Staff have been working with a regional working group but do not believe it is possible to enact the same bylaw across all municipalities, since each has different ideas of prohibition.

Things to keep in mind when considering the options is that the municipality does not have the authority to prohibit use on public highways or sidewalks. Saini added that there is no differentiation between medical and recreational cannabis in the options.

Many councillors expressed concern over enforcement challenges and cautioned creating bylaws that the town doesn’t have the resources to enforce.

Coun. Jane Twinney suggested that town staff compile a number of questions covering the major discussion points for all three options, and then set up a public information session as well as an online survey.

Council supported the direction unanimously.