Yellowknife (July 30/03) - Gordon Wray, co-owner of the Black Knight Pub, is calling the city's proposed smoking bylaw "unenforceable."

Under the new bylaw, which bans smoking in all public buildings, business owners like Wray will have to "ensure that people desist from smoking in the premises" or face a fine up to $5,000.

But Wray said forcing his staff to physically remove people because they are smoking is far too dangerous.

"I'm not going to have my staff getting into fights over a cigarette," he said.

He said it is the policy of the Black Knight Pub for doormen not to get physical with bar patrons unless they are being threatening or violent.

"And I've already had people tell me they aren't going to put out their smoke and leave if I ask them to, so what am I supposed to do?" Wray asked bylaw manager Doug Gillard during one of the consultations.

"You're asking me to enforce something I can't enforce," he added.

Wray then pointed out bylaw officers don't have the right to physically remove someone who is smoking in a public building, which Gillard verified.

"So that only leaves the RCMP who can do it and it takes 20 to 30 minutes for them to get there even when there's a fight," said Wray.

Gillard said the bylaw officers can issue fines up to $500 or mandatory court appearances to individuals who are defiant of the business owner, but that the business owners would have to do more than simply ask the person not to smoke, or they will get the fine.

"There's going to have to be definite evidence to show they've done everything they can," Gillard said.

But Gillard did agree that "ensure" was a vague statement in the bylaw and said administrators will be discussing what exactly a bar owner must do to avoid getting fined. He also stressed that bylaw officers will allow a grace period for business owners and smokers to get used to the bylaw before fines are given.

Wray proposed the city allow smoking in contained, ventilated areas where employees aren't required to enter, like an airport smoking room.

"That would make problems disappear for us, the bylaw, our staff, the WCB safety inspectors and the general public," Wray said.

WCB rules in the works

But Gordon Becket, chief safety officer for the Worker's Compensation Board, said the WCB's proposed legislation to ban smoking in the workplace states that ventilated smoking areas aren't acceptable options for worker's safety, meaning even if the city allowed it, the WCB's proposed legislation wouldn't.

While the WCB legislation is currently in draft form Becket said preliminary offensive fines begin at $5,000 for the employer and $500 for the worker.

Although Wray was the only bar owner to attend one of the consultations, and the majority of those who did attend were citizens in favour of the bylaw, Gillard said bylaw officers delivered letters to bars and clubs informing them of the bylaw and encouraging them to write a letter or attend the consultation. This prompted Steve Schaub, a member of the Elk's Club board, to attend one of the consultations. Schaub expressed concerns about the proposed bylaw's expansion to include private clubs like the Elk's.

"We feel like being a private club that was built by its members and for members and guests only, we feel like we're not a public facility," said Schaub.

But when Yellowknifer called the Elk's Club and asked if the public can enter without being escorted by a member, Maude Potvin, Elk's Club assistant manager, said the club is not just for members and that the general public is allowed in the club.

Marilyn Douglas also showed up to a consultation to share her concerns about the increased garbage, noise and strain on bylaw officers she believes this bylaw is going to create when smokers are forced out onto the streets.

"I'm a citizen who'd like to see this bylaw come into effect, but I'm concerned the implementation needs to be thought through," Douglas said.

Gillard said the letters and comments will be presented to council members before the bylaw appears on the agenda Aug. 25.