Impact of smoke-free Ontario Act on long-term care residents

September 2006- As many residents and families of residents in long term care homes in Ontario are aware, the Smoke-Free Ontario Act came into effect May 31, 2006 . The law prohibits smoking in long-term care homes, except where the operator of the home has chosen to build a controlled smoking area inside, a smoking shelter outside, or where the smoking forms part of the traditional use of tobacco by Aboriginal persons. Long-term care homes that had a Designated Smoking Room (DSR) were required to submit plans to upgrade the area to meet the much more stringent requirements of a Controlled Smoking Area by July 31. Otherwise all DSRs must close.

Residents may smoke in a Controlled Smoking Area (if the home has built one) only if they can smoke independently and without assistance. Employees are not required to enter the controlled smoking area. Residents in homes that do not have a Controlled Smoking Area may go outside to smoke, provided that the individual is at least 9 metres from the entrance to the home. The government is also planning to announce smoking cessation programs that will be available to residents.

The goal of this legislation, which is to protect workers and the public from the harmful effects of second-hand smoke, is laudable. However, the Act was developed with minimal consultation with the people who are most affected by the legislation, the residents themselves and their families. We have heard that of the 245 LTC Homes in Ontario that had designated smoking room, only 20 applied to build controlled smoking areas by the July 31 deadline. This is mainly because of the prohibitive costs involved.

CF has serious concerns about the impact of this legislation on those residents who have cognitive or physical impairments that make it impossible for them to smoke without assistance. They are, in effect, being discriminated against because of their disabilities. We are worried that residents who have been smoking for years and are unable or unwilling to give up one of the few pleasures left to them, will resort to sneaking cigarettes and smoking unsupervised, a potentially dangerous situation.

We have written to the Minister of Health Promotion outlining our concerns and recommending that the government reimburse LTC Homes for at least part of the costs of constructing Controlled Smoking Areas so that more facilities would be encouraged to upgrade. We are aware that many others share our concerns. If you or your family member residing in a LTC home has been affected by this legislation, you may wish to register your concerns with Jim Watson, the Minister of Health Promotion, and/or your MPP.

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