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The Corporation of the City of Brampton

Date: March 24,2014 COMMITTEE OF COUNCIL DATE: MOV)^.,?,01^

File: T63

Subject: No Smoking - Brampton Transit Bus Terminals

Contact: Scott Gillner, Senior Policy Advisor, Transit, Public Services (905) 874-2750 ext. 62406

Overview:

The Region of Peel passed the "Peel Outdoor Smoking By-law" which came into effect on September 2, 2013. It restricts smoking within a nine (9) metre radius of an entrance or exit of a municipal building, but otherwise does not restrict smoking on Brampton transit facilities such as the platforms at bus terminals outside the nine (9) metre entrance restriction.

To ensure consistent application of adopted smoke free policies within The Region of Peel, it is recommended that smoking be regulated on bus terminal

platforms within the City of Brampton.

An amendment to Transit By-law 82-2008, Regulating the Operation and Control

of a Passenger Transportation System within the City of Brampton, is recommended in order to effect a no smoking prohibition at all Brampton Transit

facilities.

Recommendations:

1. That the report from Scott Gillner, Senior Policy Advisor, Transit Division, Public Services, dated March 24, 2014, to the Committee of Council meeting of May 14, 2014 re: No Smoking - Brampton Transit Bus Terminals (File T63), be received; and

2. That Transit By-law #82-2008 be amended as per Appendix "A" attached to this report to implement a smoking prohibition at all Brampton Transit facilities on terms and conditions acceptable to the Chief Public Services Officer and in a form consistent with applicable legislation.

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Background:

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On February 14, 2013, the Regional Municipality of Peel passed By-law # 20-2013 commonly known as the "Peel Outdoor Smoking By-law", which came into effect on September 2, 2013. The Councils of the Cities of Brampton and Mississauga, and the Town of Caledon all passed resolutions consenting to the Peel Outdoor Smoking By-law as per the Municipal Act Section 115 (5).

One of the components of the Peel Outdoor Smoking By-law regulates smoking within a nine (9) metre radius of an entrance or exit of a municipal building, where the definition of a municipal building is a building that is owned and occupied by a municipality. In passing this By-law, the Region of Peel referred to the negative health effects of exposure to second hand smoke and its relationship to lung cancer and heart disease.

Current Situation:

Brampton Transit currently operates four (4) main bus terminals within the city limits:

1. Gateway Terminal, Ward 4 - 501 Main Street South 2. Downtown Terminal, Ward 5 - 8 Nelson Street 3. Bramalea Terminal, Ward 8-160 Central Park Drive 4. Trinity Common Terminal, Ward 9-164 Great Lakes Boulevard

Property and building ownership of the above locations is mixed. The real property and facilities at Gateway and Bramalea are owned by the City. Downtown and Trinity Common buildings are upon private lands and are leased by the City. This mixed property and facility ownership results in a gap within the intent of the Peel Outdoor Smoking By-law.

The Peel Outdoor Smoking By-law only restricts smoking at the entrances and exits to municipally owned and occupied buildings, and therefore is not applicable to the two leased City properties (Downtown and Trinity Common). This gap has created some inconsistency in policy and is confusing for transit passengers.

Many passengers who stand on the platforms of these transit facilities while waiting for their bus are currently subjected to other passengers smoking beside them on a daily basis. By restricting smoking on bus terminal platforms Council will be ensuring the most pleasurable travel experience is provided to customers at Brampton's transit facilities.

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The City may regulate smoking pursuant to section 115 of the Municipal Act, 2001, R.S.O. 2001, c.25. In the event of a conflict between a City By-law provision regulating smoking and the Peel Outdoor Smoking By-law or a Provincial statute, sections 115(9) and (10) of the Municipal Act, 2001 provides that the law that is most restrictive of the smoking of tobacco prevails.

Corporate Implications:

During the preparation of this report, Transit staff has been working closely together with staff from Legal Services, By-Law Enforcement, and Security Operations, all of whom have provided their respective support of the report recommendations contained herein.

The Region of Peel has also been informed of these report recommendations. A copy of this staff report has been provided and feedback from Regional staff (Health and Police Services) has been reflected in this final report. Region of Peel staff is also providing their full support of the report recommendations.

Financial Implications:

Subject to Council approval of the recommendations contained in this report, the proposed signs identified in Appendix B of this report will be installed in key locations at the four Brampton Transit terminal locations. The minimal total cost to design, manufacture, and install the new signs will be accommodated within Transit's 2014 operating budget.

Other Implications:

The recommendations in this report will result in a need to educate passengers during the initial implementation phase, and then enforce the by-law as required on a case by case basis for incidents of repeat offence.

No formal "targeted" enforcement program will exist; the goal will be education and prevention resulting in voluntary compliance. Enforcement will only be carried out on a case by case basis, with response dependant on severity of the occurrence.

Phase 1 - Education (following Council approval, initial three to six (3-6) month implementation period):

• Transit will deliver a customer education campaign providing key messages and information around the new regulation:

o Staff (Corporate Security, Operations Supervisors/Coordinators, and Facility Supervisors) will distribute pamphlets or "buckslips".

o Passive distribution (at the counters and on the buses) and targeted distribution (handed directly to those passengers in contravention),

o Posters in and around the terminals, platforms, and on the buses, o Updated website content, o Media releases.

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• Inform customers through signage posted outside the facilities and on the platforms.

Phase 2 - Enforcement (follows Phase 1 noted on Page 3):

• Transit has been working closely with Legal, By-law Enforcement, and Corporate Security focusing more specifically on the required by-law amendment and supporting enforcement protocol.

• Through these informed discussions, staff is in collective agreement to the following enforcement principles:

Stage 1 - Verbal Warnings:

o Staff (Operations Supervisors/Coordinators, Facility Supervisors) and Corporate Security will provide a joint effort to first informing (and warning) offenders following the 3-month implementation period,

o Verbal warnings issued to passengers for the 1st and 2nd occurrence, with progressive enforcement for repeat/problem offenders, documented on-site by Corporate Security.

o Upon receiving a 2nd verbal warning repeat offenders will be advised that this is a "final warning" and that upon a 3rd occurrence a Trespass Notice will be issued,

o The individual will be further advised that should a Trespass Notice be issued it would ban them from Transit property.

Stage 2 - Trespass Notice:

o Upon a 3rd occurrence and dependent on the severity, where the substantiated occurrence warrants the response by Corporate Security a Trespass Notice will be issued to ban the individual from Transit property,

o Follows the established procedure used presently. Peel Regional Police Service will not issue Trespass Notices,

o The ban could range from a one-day ban from a single Transit facility to a suspension of a year or more from all Transit facilities for a minimum period of one (1)year.

Stage 3 - Trespassing Charge:

o Following the issuance of the formal Trespass Notice by Corporate Security (Stage 2 above), further enforcement would be carried out in the form of a Trespassing Charge (provincial offences ticket),

o Trespassing charges are issued by the Peel Regional Police Service, at both the discretion of the City (Corporate Security) and Police,

o Corporate Security on-site will be the primary authority liaising with the Peel Regional Police Service, requesting such charges (ticket) be issued,

o The issuing of a Trespassing Charge remains at the discretion of the City and Peel Regional Police Service.

• In the event during any one of the above stages of enforcement noted above a situation escalates that could cause harm to staff or surrounding members of the public, 911 would be contacted immediately to request Peel Regional Police Service to respond and assist.

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Strategic Plan:

The recommendations included in this report support the Strategic Plan priorities by enhancing the service experience for the public at Brampton's transit terminals.

Council's adoption of the these recommendations will directly reduce the negative health effects associated with exposure to second hand smoke, its relationship to lung cancer and heart disease. Increased use of transit supports the continued and collective efforts of Council and staff in building a world-class City.

Conclusion:

The provisions of the Peel Outdoor Smoking By-law are currently only applicable to two (2) of the four (4) Brampton Transit main bus terminals, and the nine (9) metre smoking restriction does not apply to bus terminal platform smoking at each of the four (4) terminals. In order to provide consistency in support of the Peel Outdoor Smoking By law, amendment to By-law 82-2008 is required. This policy change will align Brampton with our neighbouring transit service providers, providing customers with a truly "smoke­free" environment within Transit's passenger amenity areas.

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Scott Gillner ue^onnor, Senior Policy Advisor, Transit Executive Director, Transit

Appendices: Appendix A Proposed By-Law #82-2008 Amendment

Appendix B Site Signage (Existing and Proposed)

Appendix C Peer Review (MiWay, YRT, GO Transit, TTC).

Report authored by: Scott Gillner, Senior Policy Advisor, Transit, Public Services

City Committee of Council Report_T63_No Smoking Transit Terminals

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APPENDIX "A" - By-law #82-2008 Proposed Amendment |

THE CORPORATION OF THE CfTY OF BRAMPTON

BY-LAW Number

A By-law to prohibit smoking on transit property by amending City of

Brampton By-law 82-2008, as amended

Recitals:

Section 8(1) of the Municipal Act 2001, S.O. 2001, c.25, as amended, {Municipal Act, 200?) provides that the powers of a municipality under any Act shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as

they consider appropriate, and to enhance their ability to respond to municipal issues;

Section 11(3)(2) of the Municipal Act, 2001, provides that a lower-tier municipality may pass by-laws respecting transportation systems:

Section 115 of the Municipal Act. 2001. allows a municipality to prohibit or regulate the smoking of tobacco in public places, workplaces and public transportation vehicles:

The Council of the City of Brampton considers it desirable, for the health, safety, and welfare of Brampton Transit users and employees, to prohibit smoking at transit facilities which are both public places and workplaces.

NOW THEREFORE the Council of the Corporation of the City of Brampton hereby ENACTS AS FOLLOWS:

1. By-Law 82-2008 is amended by addingthe following as section 5.7:

No person shall smoke or hold a lighted tobacco product including a cigar, cigarette or pipe at the following transit facility:

(a) Gateway Terminal- 501 Main Street South: (b) Downtown Terminal - 8 Nelson Street; (c) Bramalea Terminal-160 Central Park Drive: and (d) Trinity Common Terminal-164 Great Lakes Boulevard.

2. This amendment comes into effect on the date of its passing by Council.

READ A FIRST. SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS day of , 2014.

Susan Fennell. Mayor

Peter Fay. City Clerk

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APPENDIX "B" - SITE SIGNAGE (Existing & Proposed)

Figure 1: Existing Signage - Municipal Entrances

NO SMOKING WITHIN 9 METRES

(30 FEET) OF ENTRANCES/EXITS MAXIMUM FINE OF $5,000

Figure 2: Proposed Signage - Transit Platforms

NO SMOKING on Brampton Transit

Property.

The Corporation oftheCity ofBrampton '—. »y* By-Law 82-2008-Section 5.7 £\M I1

APPENDIX "C" - PEER REVIEW OF SMOKING REGULATIONS

Neighbouring transit properties in areas which Brampton Transit services as part of its advertised scheduled routes were contacted to obtain information regarding respective smoking regulations.

This information has been provided below, which is applicable to their respective bus terminal platform facilities:

• MiWay (Mississauga Transit)

o Transit By-law #425-03 regulates smoking in all transit terminals where it states in part that no person shall smoke, or carry a lighted cigar, cigarette, or pipe in, on or about property owned, leased, occupied or used by the Corporation that constitutes any part of the transportation system including a Mississauga Transit Vehicle, bus shelter or other vehicle.

• York Region Transit

o By-law #1415-2005-028 states in part that no person shall smoke or chew any tobacco product within a transit facility. A transit facility is defined in part as any land or structure owned or occupied by the Region for the purpose of their transit systems including bus terminals and bus loops.

• GO Transit

o By-law #2 Metrolinx states no smoking on Corporation property, except in areas designated as smoking areas. Corporation property means all owned, leased, used or maintained lands, facilities, structures, trains and

vehicles of the Corporation.

TTC

Conduct on the Transit System states that no person shall smoke in or on TTC property or carry a lighted cigar, cigarette, pipe, other tobacco product or any other lighted smoking equipment or material while in or on TTC property. TTC property is defines as all lands, facilities, structures, stations and vehicles owned, leased, occupied or maintained by the TTC.

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