“It’s unrealistic, it’s unenforceable, it will not solve anything,” said Ward 4 councillor Sam Merulla. “This is a legal substance. We are talking about a home. For us to go into someone’s home is so … I don’t have the words, overwhelming. It’s out of our jurisdiction.”

Public Health officials in a report to the Board of Health this week proposed to ban smoking in newly acquired City Housing Hamilton buildings and in existing designated City Housing Hamilton units as they change hands. The recommendations also included regulating smoking at the entrance and exits to City Housing Hamilton buildings and encouraging people to stop smoking.

The province’s Smoke-Free Ontario Act, passed in May 2006, that banned smoking in public buildings and commercial places, did not prohibit smoking in publicly funded residential buildings.

Investigate units

City officials last year looked at its own smoking policies and decided to investigate City Housing Hamilton units and whether a non-smoking policy could be established in these buildings, while encouraging existing smokers who live in the units to quit.

“Taxpayers own these units,” said Ancaster councillor Lloyd Ferguson who, along with Mayor Fred Eisenberger, supported the recommendation. “The private sector has been doing this for a long time.”

Mr. Eisenberger said it is the city’s“responsibility” to discourage and prevent smoking.

“We need to show leadership,” he said. “I’m not sure passing the buck (to CHH) resolves the issue.”

But other councillors worried the Board of Health was creating a no-smoking policy without the involvement of City Housing Hamilton’s board of directors.

“The devil is in the details,” said Ward 5 councillor Chad Collins, one of five politicians who sit on the board.

He pointed out there “are lot of issues” to solve, including how to enforce a no-smoking policy and possible legal issues of discriminating smokers.

City Housing Hamilton has just over 6,234 multi-unit dwellings and townhouses, which house about 5,000 families. There are about 4,600 people on a waiting list, which Stoney Creek councillor Brad Clark, who sits on the board as well, pointed out, would essentially discriminate against people who are smokers.

There are an additional 8,000 non-profit and co-op units in Hamilton that would not be affected by the Board of Health’s decision.

Kevin McDonald, manager of the city’s tobacco control program, said about 78 per cent of city residents are non-smokers. And based upon statistics, smoking rates increase with incomes below $15,000 per year, city officials said.

Mr. McDonald said another concern is children and seniors living in the units are being exposed to second-hand smoke, which has been linked to cancer.

U. S. public housing units in 18 states are smoke-free, while in Canada, a few public residential buildings in Newfoundland and British Columbia have no-smoking policies. Waterloo Region is considering tougher no-smoking policies and will have a report to its council by the fall of 2009.

Mr. Merulla pointed out the city already has a tough time monitoring Hamilton’s air quality, and preventing marijuana grow-ops from developing in people’s homes.

“Let’s focus on real issues,” he said. “Why we would take a right away from (people) baffles me.”