Item - 2014.HL33.1

Tracking Status

  • City Council adopted this item on August 25, 2014 without amendments.
  • This item was considered by Board of Health on August 18, 2014 and was adopted with amendments. It will be considered by City Council on August 25, 2014.

HL33.1 - E-cigarettes in Toronto

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

 

1.         City Council prohibit e-cigarette use from City of Toronto workplaces, and recommend the same to the City's Agencies and Corporations.

 

2.         City Council request the General Manager, Solid Waste Management to explore the environmentally sound disposal of e-cigarettes and batteries.

Background Information (Board)

(August 1, 2014) Report from the Medical Officer of Health on E-cigarettes in Toronto
https://www.toronto.ca/legdocs/mmis/2014/hl/bgrd/backgroundfile-72510.pdf
(August 1, 2014) Attachment 1: Toronto Public Health Position Statement on Electronic Cigarettes
https://www.toronto.ca/legdocs/mmis/2014/hl/bgrd/backgroundfile-72511.pdf
(August 18, 2014) Presentation on E-cigarettes in Toronto
https://www.toronto.ca/legdocs/mmis/2014/hl/bgrd/backgroundfile-72882.pdf

Communications (Board)

(August 12, 2014) E-mail from Debbie MacKenzie (HL.New.HL33.1.1)
(August 13, 2014) E-mail from Samir Koirala (HL.New.HL33.1.2)
(August 14, 2014) E-mail from Sadie Chase (HL.New.HL33.1.3)
(August 14, 2014) E-mail from Matthew Stanko, Director of Communications, Canadian Advocating Vapers' Rights (CAVR) (HL.New.HL33.1.4)
https://www.toronto.ca/legdocs/mmis/2014/hl/comm/communicationfile-49356.pdf
(August 14, 2014) E-mail from Sean Rankin (HL.New.HL33.1.5)
(August 15, 2014) E-mail from Dr. Gopal Bhatnagar, M.D., FRCS, Cardiac Surgery (HL.New.HL33.1.6)
(August 15, 2014) E-mail from Kate Ackerman-Vance, Electronic Cigarette Trade Association of Canada (ECTA) (HL.New.HL33.1.7)
https://www.toronto.ca/legdocs/mmis/2014/hl/comm/communicationfile-49359.pdf
(August 11, 2014) E-mail from Robert Edison (HL.New.HL33.1.8)
(August 11, 2014) E-mail from Ashutosh Jha (HL.New.HL33.1.9)
(August 12, 2014) E-mail from Jeff Brinklow (HL.New.HL33.1.10)
(August 12, 2014) E-mail from Ken Schwantje (HL.New.HL33.1.11)
(August 12, 2014) E-mail from Darwin Duckworth (HL.New.HL33.1.12)
(August 12, 2014) E-mail from Carolyn Backes (HL.New.HL33.1.13)
(August 12, 2014) E-mail from Cheryl Thomas (HL.New.HL33.1.14)
(August 15, 2014) E-mail from Pierre B. Cherer (HL.New.HL33.1.15)
(August 15, 2014) Petition from Jordan Vazquez, Reconsider Banning the Sale and Use of Electronic Cigarettes in Toronto, Submitting 1129 Names (HL.New.HL31.1.16)
(August 18, 2014) Letter from Ron Couchman (HL.New.HL33.1.17)
(August 16, 2014) E-mail from Marion Burt (HL.New.HL33.1.18)
(August 16, 2014) E-mail from Mike T. Nicoloff (HL.New.HL33.1.19)
(August 17, 2014) Letter from Tuck Stone (HL.New.HL33.1.20)
(August 18, 2014) E-mail from Doug Sawdon (HL.New.HL33.1.21)
(August 15, 2014) E-mail from Toronto West Youth Coalition (HL.New.HL33.1.22)
https://www.toronto.ca/legdocs/mmis/2014/hl/comm/communicationfile-49385.pdf
(August 18, 2014) Letter from Sara Trotta, Canadian Cancer Society (HL.New.HL33.1.23)
https://www.toronto.ca/legdocs/mmis/2014/hl/comm/communicationfile-49481.pdf
(August 18, 2014) Letter from Melodie Tilson, Director of Policy, Non-Smoker's Rights Association (HL.New.HL33.1.24)
https://www.toronto.ca/legdocs/mmis/2014/hl/comm/communicationfile-49482.pdf
(August 18, 2014) Letter from David Hammond PhD, Associate Professor, School of Public Health and Health Systems, University of Waterloo (HL.New.HL33.1.25)
https://www.toronto.ca/legdocs/mmis/2014/hl/comm/communicationfile-49483.pdf
(August 18, 2014) E-mail from Dave Pittet (HL.New.HL33.1.26)

Communications (City Council)

(August 18, 2014) E-mail from Manuel Orellana (CC.Main.HL33.1.27)
(August 18, 2014) E-mail from M. J. Moll (CC.Main.HL33.1.28)
(August 19, 2014) Letter from France Gélinas, MPP for Nickel Belt (CC.Main.HL33.1.29)
https://www.toronto.ca/legdocs/mmis/2014/cc/comm/communicationfile-49528.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Aug-25-2014 10:38 AM

Result: Carried Majority Required - HL33.1 - Adopt the item
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Ana Bailão, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Rob Ford, Josh Matlow
Total members that were Absent: 7 Members that were absent are Maria Augimeri, Michelle Berardinetti, Mike Del Grande, Doug Ford, Giorgio Mammoliti, James Pasternak, Jaye Robinson

HL33.1 - E-cigarettes in Toronto

Decision Type:
ACTION
Status:
Amended
Wards:
All

Board Recommendations

The Board of Health recommends that:

 

1.         City Council prohibit e-cigarette use from City of Toronto workplaces, and recommend the same to the City's Agencies and Corporations.

 

2.         City Council request the General Manager, Solid Waste Management to explore the environmentally sound disposal of e-cigarettes and batteries.

Decision Advice and Other Information

The Board of Health:

 

1.         Endorsed Toronto Public Health's public Position Statement on Electronic Cigarettes included in Attachment 1 of the report (August 1, 2014) from the Medical Officer of Health;

 

2.         Recommended that the Ontario Minister of Health and Long-Term Care amend the Smoke-Free Ontario Act and Regulations to:

a.         prohibit e-cigarette use wherever smoking is prohibited;

b.         prohibit sales of youth-targeted flavoured e-cigarette products; and

c.         prohibit e-cigarette displays in retail stores and restrict sales of e-cigarettes to minors.

 

3.         If the provincial government has not acted to regulate e-cigarettes within six months, requested the Medical Officer of Health to report in consultation with the City Solicitor and other municipal officials as appropriate, on municipal regulation to prohibit e-cigarette use in Toronto wherever smoking is currently prohibited under local or provincial legislation;

 

4.         Requested the Medical Officer of Health to work in the interim with the City Manager to explore development of an administrative policy prohibiting e-cigarette use in the workplace;

 

5.         Requested the Medical Officer of Health to enhance current public education and outreach efforts by Toronto Public Health on potential health impacts to users and those exposed to the vapour from e-cigarettes.

 

6.         Requested the Medical Officer of Health to report to the Board of Health in February 2015 on the following motion by Councillor Cho:

 

"That the Board of Health recommend to the Provincial Government that e-cigarettes becomes a product available only at licensed drug stores, subject to normal regulatory approvals."

 

7.         Recommended the Federal Minister of Health amend federal legislation to:

a.         regulate all e-cigarettes, cartridges and liquids to ensure manufacturing consistency and accurate labelling;

b.         regulate the maximum quantity/dosage of nicotine in e-cigarettes;

c.         require that e-cigarette liquids are sold in child-proof bottles; and

d.         restrict e-cigarette marketing, advertising and promotion, consistent with existing tobacco legislation; and

e.         develop, as appropriate, a regulatory framework for the possible sale of e-cigarettes as part of a tobacco smoking cessation strategy.

 

8.         Requested Health Canada:

a.         to enforce current prohibitions on e-cigarettes making a health claim without appropriate assessment, evaluation and market authorization; and

b.         to monitor research on adverse health effects of e-cigarette use and second-hand exposure; and

c.         to conduct research on the effectiveness of e-cigarettes as a smoking cessation or replacement aid.

 

9.         Forwarded the report (August 1, 2014) from the Medical Officer of Health to the four Toronto School Boards, Toronto's Universities and Colleges and Toronto Hospitals to encourage them to adopt policies prohibiting e-cigarette use on all indoor/outdoor property;

 

10.       Forwarded the report to the Ontario Restaurant Hotel and Motel Association and Toronto Association of Business Improvement Areas to encourage them to encourage their members to develop in-house policies to address e-cigarette use on their property;

 

11.       Forwarded the report (August 1, 2014) from the Medical Officer of Health for information to the Parks and Environment Committee; and

 

12.       Forwarded the report (August 1, 2014) from the Medical Officer of Health for information to the Executive Director, Municipal Licensing and Standards Division; General Manager, Parks, Forestry and Recreation Division; the Federation of Canadian Municipalities; the Minister of Health and Long Term Care; the Ontario Chief Medical Officer of Health; and Public Health Ontario.

Origin

(August 1, 2014) Report from the Medical Officer of Health

Summary

Electronic cigarettes (e-cigarettes) are battery operated devices that mimic the use and sometimes the appearance and taste of conventional cigarettes. They do not contain tobacco and produce vapour instead of smoke when used. In the few years since their appearance, use has proliferated in North America, including Toronto.

 

Toronto Public Health (TPH) reviewed available evidence on e-cigarette use, safety, health effects, and potential as a cessation aid; as well as actions in other jurisdictions and regulatory gaps at the federal, provincial and municipal levels. Based on this review, a number of concerns have been identified about e-cigarette safety, impact on youth smoking initiation, and potential to normalize smoking behaviour and undermine existing tobacco control legislation. A number of Canadian and international jurisdictions have proposed or taken action to address these concerns. As a result, TPH has developed a position statement on e-cigarettes and health outlining current concerns and summarizing appropriate regulatory and policy approaches to address them.  

 

This report recommends that the Minister of Health and Long-Term Care amend the Smoke-Free Ontario Act (SFOA) to include e-cigarettes, such that the Act would prohibit e-cigarette use wherever cigarette use is currently prohibited in Ontario; and prohibit the sale of e-cigarettes to minors (under 19 years of age). If provincial action is not taken by February 2015, the Medical Officer of Health will consult with the City Solicitor, other City Divisions and relevant stakeholders and report to the Board of Health on municipal measures to prohibit e-cigarette use where smoking is prohibited under the SFOA or City by-laws. In the interim, the Medical Officer of Health will work with the City Manager to explore development of an internal policy prohibiting e-cigarette use at City workplaces. This report also recommends SFOA amendments to address youth friendly e-cigarette flavours and amendments to federal legislation to ensure labelling and manufacturing consistency of e-cigarettes.

Background Information

(August 1, 2014) Report from the Medical Officer of Health on E-cigarettes in Toronto
https://www.toronto.ca/legdocs/mmis/2014/hl/bgrd/backgroundfile-72510.pdf
(August 1, 2014) Attachment 1: Toronto Public Health Position Statement on Electronic Cigarettes
https://www.toronto.ca/legdocs/mmis/2014/hl/bgrd/backgroundfile-72511.pdf
(August 18, 2014) Presentation on E-cigarettes in Toronto
https://www.toronto.ca/legdocs/mmis/2014/hl/bgrd/backgroundfile-72882.pdf

Communications

(August 12, 2014) E-mail from Debbie MacKenzie (HL.New.HL33.1.1)
(August 13, 2014) E-mail from Samir Koirala (HL.New.HL33.1.2)
(August 14, 2014) E-mail from Sadie Chase (HL.New.HL33.1.3)
(August 14, 2014) E-mail from Matthew Stanko, Director of Communications, Canadian Advocating Vapers' Rights (CAVR) (HL.New.HL33.1.4)
https://www.toronto.ca/legdocs/mmis/2014/hl/comm/communicationfile-49356.pdf
(August 14, 2014) E-mail from Sean Rankin (HL.New.HL33.1.5)
(August 15, 2014) E-mail from Dr. Gopal Bhatnagar, M.D., FRCS, Cardiac Surgery (HL.New.HL33.1.6)
(August 15, 2014) E-mail from Kate Ackerman-Vance, Electronic Cigarette Trade Association of Canada (ECTA) (HL.New.HL33.1.7)
https://www.toronto.ca/legdocs/mmis/2014/hl/comm/communicationfile-49359.pdf
(August 11, 2014) E-mail from Robert Edison (HL.New.HL33.1.8)
(August 11, 2014) E-mail from Ashutosh Jha (HL.New.HL33.1.9)
(August 12, 2014) E-mail from Jeff Brinklow (HL.New.HL33.1.10)
(August 12, 2014) E-mail from Ken Schwantje (HL.New.HL33.1.11)
(August 12, 2014) E-mail from Darwin Duckworth (HL.New.HL33.1.12)
(August 12, 2014) E-mail from Carolyn Backes (HL.New.HL33.1.13)
(August 12, 2014) E-mail from Cheryl Thomas (HL.New.HL33.1.14)
(August 15, 2014) E-mail from Pierre B. Cherer (HL.New.HL33.1.15)
(August 15, 2014) Petition from Jordan Vazquez, Reconsider Banning the Sale and Use of Electronic Cigarettes in Toronto, Submitting 1129 Names (HL.New.HL31.1.16)
(August 18, 2014) Letter from Ron Couchman (HL.New.HL33.1.17)
(August 16, 2014) E-mail from Marion Burt (HL.New.HL33.1.18)
(August 16, 2014) E-mail from Mike T. Nicoloff (HL.New.HL33.1.19)
(August 17, 2014) Letter from Tuck Stone (HL.New.HL33.1.20)
(August 18, 2014) E-mail from Doug Sawdon (HL.New.HL33.1.21)
(August 15, 2014) E-mail from Toronto West Youth Coalition (HL.New.HL33.1.22)
https://www.toronto.ca/legdocs/mmis/2014/hl/comm/communicationfile-49385.pdf
(August 18, 2014) Letter from Sara Trotta, Canadian Cancer Society (HL.New.HL33.1.23)
https://www.toronto.ca/legdocs/mmis/2014/hl/comm/communicationfile-49481.pdf
(August 18, 2014) Letter from Melodie Tilson, Director of Policy, Non-Smoker's Rights Association (HL.New.HL33.1.24)
https://www.toronto.ca/legdocs/mmis/2014/hl/comm/communicationfile-49482.pdf
(August 18, 2014) Letter from David Hammond PhD, Associate Professor, School of Public Health and Health Systems, University of Waterloo (HL.New.HL33.1.25)
https://www.toronto.ca/legdocs/mmis/2014/hl/comm/communicationfile-49483.pdf
(August 18, 2014) E-mail from Dave Pittet (HL.New.HL33.1.26)

Speakers

Ron Couchman, Men for Equality and Non-Violence
Melodie Tilson, Director of Policy, Non-Smokers’ Rights Association
Steven Moreau , Chief Executive Officer, e-Steam Canada
Boris Giller, 180 Smoke
Lilian Riad-Allen, Centre for Addiction and Mental Health (CAMH)
Matthew Stanko, Director of Communications, Canadian Advocating Vapers' Rights (CAVR)
Sara Trotta, Canadian Cancer Society, Ontario Division
Ashutosh Jha
Deijaumar Clarke, Youth Health Action Network
Zakiyyah Brown, Toronto West Youth Coalition
Yasmin Abu, Toronto West Youth Coalition
Nimco Mohamed, Toronto West Youth Coalition
Mariam Farah, Toronto West Youth Coalition
Rachel Steen
Jacques Huot

Motions

1 - Motion to Amend Item (Additional) moved by Rumina Velshi (Carried)

That the Board of Health:

 

1.         Request the Medical Officer of Health to enhance current public education and outreach efforts by Toronto Public Health on potential health impacts to users and those exposed to the vapour from e-cigarettes.


2 - Motion to Amend Item (Additional) moved by Rumina Velshi (Carried)

Amend Recommendation 6 by adding:

 

"c.        to conduct research on effectiveness of e-cigarettes as a smoking cessation or replacement aid."


3 - Motion to Amend Item moved by Rumina Velshi (Carried)

1.         Amend recommendation 2. b. by adding "youth-targeted" following "sales of"  so that 2.b. reads:

 

"2.b.     prohibit sales of youth-targeted flavoured e-cigarette products;"


4 - Motion to Amend Item (Additional) moved by Rumina Velshi (Carried)

That the Board of Health recommend that City Council prohibit e-cigarette use from City of Toronto workplaces, and recommend the same to the City's Agencies and Boards.


5 - Motion to Amend Item (Additional) moved by Councillor Raymond Cho (Carried)
That the Board of Health request the General Manager, Solid Waste Management explore environmentally sound disposal of e-cigarettes and batteries.

6 - Motion to Amend Item (Additional) moved by Councillor Raymond Cho (Referred)

That the Board of Health recommend to the Provincial Government that e-cigarettes becomes a  product available only at licensed drug stores, subject to normal regulatory approvals.


7 - Motion to Amend Item moved by Councillor Raymond Cho (Carried)

That this report also be forwarded to the Federation of Canadian Municipalities.


8 - Motion to Refer Motion moved by Councillor Joe Mihevc (Carried)

That motion 6 from Councillor Cho be referred to the Medical Officer of Health to report back in February 2015.


9 - Motion to Amend Item (Additional) moved by Councillor Joe Mihevc (Carried)

That a Recommendation 5 be amended by adding 5.e.:

 

"e.        develop, as appropriate, a regulatory framework for the possible sale of e-cigarettes as part of a tobacco smoking cessation strategy."


10 - Motion to Adopt Item as Amended moved by Councillor Joe Mihevc (Carried)
Source: Toronto City Clerk at www.toronto.ca/council