A City Committee debated an idea floated by a City Councillor over the summer, asking administration to look into the idea of prohibiting smoking in Churchill Square.

On July 16, Councillor Michael Walters asked City administration to come back with information for two questions, does the City of Edmonton have the legislative ability to enact a smoking prohibition for Churchill Square under the Public Places Bylaw, and the fines for non-compliance.

On Wednesday, administration released their report to the City Community Services Committee, reporting on the legislative authority on the issue from the City, and the potential fines.

It became the subject of heated debate at City Hall Wednesday.

“I think we’re undermining a lot of really good work we’ve done to allow people to come outside and enjoy it in a casual way,” Councillor Ben Henderson said.

“If we want it to be a family friendly space, I don’t think it’s a big imposition for people to walk to the sidewalk or across the street to smoke a cigarette,” Mayor Don Iveson said.

According to administration, the Provincial Tobacco Reduction Act bans smoking in and around public places, public vehicles and workplaces. In the Act, a public place is defined as any part of a building, structure or other enclosed area.

Under that definition, Churchill Square doesn’t qualify as a public place, and changes to the legislation would need to be made for it to cover that location.

As for municipal bylaws, the City of Edmonton Bylaw 14614, the Public Places Bylaw, regulates smoking in Edmonton – but it aligns closely with provincial legislation and does not prohibit smoking in outdoor open areas either.

However, the Municipal Government Act allows the City to regulate public places, and that could include Churchill Square, but the Public Places Bylaw would have to be amended to do so.

The report stated the Public Places Bylaw says that unless specified, the fine for an offence under the bylaw is $250, although Council can set the fine through any offence through a bylaw amendment.

The fine for smoking within 10 metres of a playground or sports field is $250.

Councillor Michael Walters said the idea was not about money.

“The motivation is not revenue driven, the motivation is to make it an inviting and healthy square for the families that come,” Walters said.

Also at issue Wednesday, councilors discussed whether a potential ban should be in place year-round, or if cigarette smoking should be prohibited during major events held in the square.

The report said Churchill Square is zoned AR, or a public parks zone, one of many public places with the same designation – officials said it is not typical for bylaws to place regulations differently in similar spaces. Plus, officials said enforcing smoking offences requires officers to see an individual smoking, and personally issue a ticket, something that would be difficult to do in an open space such as Churchill Square.

No decisions on the report were made Wednesday; the issue will go back before councilors next week.

With files from Kelsey Nichols