Yellowknife (Feb 11/04) - Yellowknife's smoking bylaw was on the table yet again in City Hall chambers last Monday night.

This time it was a "housekeeping matter," to amend several poorly worded sections of the bylaw.

First of all, council decided to ditch one phrase that made it appear the city has control over smoking in private units in nursing homes and at Stanton Hospital's psychiatric ward.

"Under (the Workers' Compensation Board), nursing homes are basically your home so you're allowed (to smoke). Why should we be starting a fight with the old folks?" said Mayor Gord Van Tighem.

"The same thing with the psych ward."

Another change saw the phrase "ensure that people desist from" substituted with "not permit" smoking in bars, restaurants and other indoor public areas.

Van Tighem said there were concerns bar owners could be charged if they couldn't get someone to stop smoking in their establishment.

"If I tell you as the owner that you have to make sure people don't do it, that's kind of onerous," said Van Tighem.

The new wording puts the enforcement issue squarely in the hands of city bylaw officers, he said.

Van Tighem said the changes do not affect the case against two drinking establishments -- Jose Locos and the Royal Canadian Legion -- which were charged with allowing patrons to smoke in their facilities.

Two councillors were not happy the bylaw had to be revisited.

Councillors Alan Woytiuk and Doug Witty voted against the amendments and suggested that council dropped the ball by not making sure the bylaw was worded correctly in the first place.

"It's revolving around a bylaw that has caused a lot of stress," said Witty.

"It's important that council does its homework."