SmokeFree MUDs: Challenges and Successes in Canada

1
Smoke-Free MUDs Challenges and Successes in
Canada

• Pippa Beck
• Non-Smokers Rights Association
• Canadian Smoke-Free Housing Coalition
• Bi-National Tobacco Control Series
• Buffalo June 3, 2009

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Agenda

• Introduction
• Magnitude of the problem
• Canadian Smoke-Free Housing Coalition and
  national strategy
• Barriers in Canada and Ontario
• Current MUD activities
• Successes
• Future directions

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Introduction MUDs

• Any type of building containing more than one
  residential unit
• Multi-storey apartment buildings
• Condominiums
• Townhouses
• Duplexes
• Semi-detached houses
• Houses partitioned into apartment units
• Basement suites

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Introduction MUDs

• Over 11 million MUD residents in Canada
• Approx. 4.5 million in Ontario
• Approx. 37 of population

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Introduction MUDs

• Complex Issue
• Rights vs. risks
• Voluntary measures, litigation, legislation
• Indoor air quality, ventilation
• Property values, marketability
• Landlord and tenant relations
• Enforcement
• Social norm change

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Introduction Good News

• Household smoking bans are on the rise
• Canadian Community Health Survey data indicate
  this (2005 2007)
• Currently, between 70-80 of all Canadian
  households have a ban in place (Health Canada
  Decima Survey 2007, CTUMS 2008)

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Magnitude of the Problem

• People are still involuntarily exposed to SHS at
  home
• 13 of Canadian homes have at least one person
  who smokes inside daily or almost daily (CTUMS
  1st half 2008)
• 6 Canadian children under age 12 (262,000) are
  regularly exposed to SHS at home (CTUMS 1st half
  2008)

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Magnitude of the Problem

• Ontario polls 28 - 46 of MUD respondents said
  SHS had entered their private units in past 6-12
  months
• People bothered by SHS infiltration
• But very few do anything about it
• Belief that nothing can be done
• Legal substance
• Home is a persons castle

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Magnitude of the Problem

• Polling shows strong interest in smoke-free
  buildings
• 64 of all multi-unit dwellers would likely
  choose a smoke-free building if such a choice
  existed (Ontario Tobacco-Free Network, 2007)
• People willing to pay more for a smoke-free
  building

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Canadian Smoke-Free Housing Coalition

• Formed in 2006
• SecretariatNon-Smokers Rights Assoc.
• Bi-monthly teleconferences
• Participants from coast to coast
• Different stages of readiness and activity
• Trying to avoid re-creating the wheel

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National Strategy

• Smoke-free MUDs will be the norm in Canada
• Norm is measured by supply equaling demand
• Landlords voluntarily adopt S-F policies
• Developers build S-F developments
• Condo corporations amend declarations
• Housing co-ops pass bylaws

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National Strategy

• Education and skills development of tobacco
  control community
• Networking with and education of housing sector
• Public education
• Advocacy

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National Strategy

• Why a Voluntary Approach?
• Is with momentumlandlords are interested
• Suits political climate and public appetite
• Reduces controversy and negative media coverage
• Gives landlords ownership, which should result in
  better enforcement
• Initial regulatory legislation would
  realistically fall short of market demand

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National Strategy

• First National Forum in March 2007
• Discussion about non-regulatory options
• 30 participantsmostly tobacco control and public
  health professionals
• Handful of landlords

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Barriers to Smoke-Free MUDs in Canada

• Each province/territory has its own residential
  tenancies law
• Situation differs across the country
• Some provinces have more smoke-free options than
  others
• Easier to enforce no-smoking policies in some
  jurisdictions (like BC or NS)

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Barriers to Smoke-free MUDs in Canada

• General lack of public awareness
• Lack of legal clarity in some jurisdictions
• Illegal? Discriminatory? Unenforceable?
• Emerging case law
• Short on resources
• More advocacy required
• Lack of political understanding/support

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Barriers to Smoke-Free MUDs in Ontario

• Landlords must enforce based on
• Breach of the covenant of reasonable enjoyment
• Substantial interference with another lawful
  right, privilege or interest of the landlord
• Damagewillful or negligence
• Safety

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Barriers to Smoke-Free MUDs

• Getting push-back regarding human rights
• Discrimination because smoking is more prevalent
  among low income families
• Discrimination because smoking could be argued as
  a disability

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Current MUD activities

• Second National Forum January 2009
• Final report with recommendations
• Canadian Smoke-Free Housing Coalition bi-monthly
  teleconferences
• Populating national umbrella website
• British Columbia - completed
• Ontario end of June 2009
• Nova Scotia in process

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Successes Western Canada

• Lots of movement in BC
• Greater Edmonton Foundation Housing for Seniors
  Alberta
• 1,950 units
• Globe General Agencies Winnipeg
• 5,500 units

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Successes Ontario

• Growing list with 16 landlords/organizations
• Newtonbrook United Church Taiwanese United
  Church Toronto Non-Profit Homes Inc. (53 units)
• Artscape Non-Profit Housing Corporation (26
  units)
• Ritz Lutheran Villa Senior Housing (25 units)

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Successes Ontario

• Lakeview Condominiums, Kenora (30 units)
• Lonsdale in the Village Condos, Toronto (70
  units)
• Collier Place Seniors Residence, Barrie (156
  units)

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Successes Eastern Canada

• St. Johns City Councilsocial housing
• 125 units
• Existing tenants grandfathered
• Canadian precedent
• Movement in NS
• Illegal to grandfather all tenants must be
  treated equally
• Landlords can go 100 smoke-free with a 16 month
  notice period

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Future Directions

• Educate and support public health
• Workshops, teleconferences, listserv
• Network with and educate housing sector
• Trade shows, conferences, dinner meetings,
  newsletters
• More research (ie smoking rates in social
  housing)
• Public education through respective websites

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Future Directions Ontario

• Revive/create working group to identify
  priorities
• Secure meetings with key stakeholders

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Thank You

• Pippa Beck
• 613.230.4211 X1
• pbeck_at_nsra-adnf.ca