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Smoking on the Hub trail. Okay but please don`t - pretty please

Smoking will continue to be permitted in the John Rowswell Hub Trail. City council followed recommendations by staff to not pursue a by-law to ban smoking.

Smoking will continue to be permitted in the John Rowswell Hub Trail.

City council followed recommendations by staff to not pursue a by-law to ban smoking.

Citing a lack of enforcement to carry out an anti-smoking by-law and evidence suggesting cigarettes don't cause a significant amount of forest fires, city staff advised council to keep the status quo at the Hub Trail.


Under the Smoke-Free Ontario Act smoking is prohibited in enclosed public spaces and since the Hub Trail is an open, public place this act cannot be employed as an enforcement tool.
 
However, the act does stipulate if a municipal by-law is more restrictive it takes precedence.
 
Nuala Kenny, city solicitor, cautioned against passing such a by-law and pointed to a lack of the necessary enforcement to ensure it's followed on the near 30-kilometer Hub Trail.
 
"The city simply doesn't have the staffing requirements necessary to police the entire Hub Trail," said Kenny, in a report to council. "Moreover, the nature of a smoking offenses is such that it is often impossible to obtain the evidence necessary to lay such a charge."
 
Ward 5 Councillor Marchy Bruni represents many residents who's homes border the Hub Trail and has received several complaints about people smoking in wooded areas.
 
Bruni said several constituents in his ward have expressed concerns about a fire starting from cigarette butts; many of which are apparently being tossed into neighboring yards.
 
"I would like to see a ban on smoking in the Hub Trail," said Bruni. "We've banned smoking in most of our other facilities."

While he acknowledged the difficulty of policing the entirety of the Hub Trail, Bruni did suggest walkthroughs by local law enforcement officials on rotating sections as an effective means of making sure people follow any potential by-law banning smoking.

Ward 3 Councillor Brian Watkins cautioned many of the designated smoking areas in the trail are located close to residential areas and speculated about potential disastrous results.


"Given these drought conditions we're very fortunate to be talking about by-law and not the possible loss of a home or even a potential lawsuit," Watkins said.

Ward 1 Councilor Paul Christian was the only other member of council to support banning smoking in the Hub Trail.


In a report on the issue from the Sault Ste. Marie Fire Service, Marcel Provenzano, fire chief, pointed to statistics which show smokers actually cause a very small percentage of forest fires.
 
According to the Ministry of Natural Resources (MNR), 63% of forest fires are caused by lightning and the remainder due to human activity like open air burning.
 
Of the 1,338 forest fires reported in 2011, only 2.3% were caused by smoker's articles such as cigarettes, cigars and pipes.
 
Additionally, in 2005 the Federal Government introduced new legislation under the Tobacco Law act that required cigarettes manufactured in Canada to be low ignition propensity.
 
These cigarettes are mostly self-extinguishing given their unique design features; which under most circumstances will not result in a fire occurrence.
 
This legislation has resulted in a 42% reduction locally in structured fires determined to be started from smoker's articles.
 
"It's clear existing law enforcement measures through legislation and sound educational initiatives have produced positive results," said Provenzano, in his report on the matter.
 
"While laws and education doesn't create a society completely compliant with the government statutes, it certainly has reduced the number of fire related occurrences, along with subsequent reductions in life, property and environmental losses."
 
Provenzano encourages people to visit the MNR's be fire smart website (http://www.mnr.gov.on.ca/en/Business/AFFM/2ColumnSubPage/STEL02_165412.html) for more information on fire safety.

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