Iqaluit (Mar 03/03) - If you want a smoke with your coffee, you'd better get used to staying home.

Last week during a regular meeting, Iqaluit's city council unanimously passed the final reading of the new smoking bylaw.

Soon, the only place in Iqaluit to smoke a cigarette besides a bar will be in the confines of your own home. - Christine Kay/NNSL photo

"Up until now, smoking was cool here. It was cool to smoke. By passing this bylaw, we're saying no it's not," said Iqaluit Mayor John Matthews.

The anti-smoking legislation has been in the works for almost a year now. It will be in effect starting April 15.

Coffee shops and restaurants in the capital will have to throw out their ashtrays and put up more non-smoking signs. Bars will continue to allow smoking but only because the city can not stop them -- yet.

The city decided not to go ahead with a 100 per cent ban because of legal issues.

According to Nunavut's Cities, Towns and Villages (CTV) Act, there are limitations on where municipalities have power over smoking.

Section 102 (e) of the CTV act states: "A council may make bylaws respecting public health and the prevention of contagious diseases and may, by bylaw, prohibit or regulate smoking in public places."

It is the word 'public' in this section of the act that has stopped the city from imposing the 100 per cent ban.

"We don't have jurisdiction over private clubs like the Legion, the Elks, the Racket Club and that's the bottom line. That's what we're most concerned about here," said Iqaluit's chief administrator, Rick Butler.

The City of Iqaluit has been told by the GN that the CTV Act will be revised in the near future to include the private sector businesses.

For now, the restrictions include smoking within three metres of a public entrance and more obvious places like public restrooms, reception areas and retail shops.

Anyone who disregards the bylaw will have to pay a fine. Depending on the offence, fines range from $75 to $300. If a restaurant owner, for example, allows smoking in their establishment despite the bylaw, a $300 fine could be imposed daily until they comply.

Iqaluit's council believes now that they have taken a step to ban smoking, other Nunavut communities will join them.

"We've led the charge here," said councillor Keith Irving.