The Ontario government is reconsidering its proposed new smoking regulations due to public backlash over the use of medical marijuana, second-hand smoke and the impact on business.

On Wednesday, Associate Minister of Health and Long-Term Care Dipika Damerla had defended a regulation change to the government's new e-cigarette legislation set to take effect on Jan. 1. The regulation would exempt medical marijuana users to smoke or "vape" almost anywhere they want — while every other e-cigarette user would still be banned from vaping anywhere where cigarette smoking is banned.

Damerla said business owners who didn't want vaping in their establishments would be expected to handle the situation on their own.

"If it's bothering somebody, find another place to go and smoke. An employer or a restaurant owner can say 'there is no vaping, no smoking of medical marijuana here,'" she had said, leading to widespread criticism in the media.

After question period Thursday, she told reporters the government is going back to the drawing table.

"We heard some concerns and feedback on this regulation," she said. "We're going to take this feedback and take a hard look and make sure this is in the best interests of Ontarians."

The government got pushback from people worried that users of medical marijuana would subject those around them to unwanted second-hand smoke in public places. Retailers, the restaurant industry and others complained about the lack of consultation and the potential impact on their business.

Leslie Smejkal, vice-president of government relations for the Ontario Restaurant Hotel and Motel Association, says her 11,000 members were blindsided by the changes.

"I was disappointed that we weren't consulted, weren't part of the discussion for this exemption," she said.

She said the government's decision to reconsider is a good one. "I think they should sit down and consult with the industry, stakeholders and the other government entities that are involved," she said.

She pointed out that the matter of medical marijuana and restaurants has been the focus of human rights complaints. A decision by an Ontario Human Rights Tribunal confirmed that bar and restaurant owners are entitled to ban consumption of medical marijuana on their premises and are not obligated to accommodate a user’s disability by allowing the smoking of marijuana in the bar or restaurant.

Cam Battley, spokesperson for the Canadian Medical Cannabis Industry Association, liked the original announcement but now says he wants to wait and see "what they come back with."

"Obviously their intent is to treat medical cannabis patients in a respectful and appropriate way and allow them to use their medicine as required," he said. "At the same time we certainly understand it's important, in fact vital, to balance the interests of employers and establishment owners."

NDP MPP Jagmeet Singh said it's not surprising the government finds itself backpedalling on a matter they failed to properly consult on in the first place.

"The Liberal government does not know how to consult," he said. "We've seen time and time again they failed to properly consult on a number of decisions, whether it's gas plants, selling off Hydro One. They don't know how to consult, leading first with the policy and then realizing we didn't consult properly."

Damerla said it's too early to say whether the original consultation was a failure.

"Our expectation was, when this exemption was crafted, was that people would be judicious. That, yes, there's an exemption, that no one would misuse this exemption was the expectation. Concerns have been expressed and we're going to take a look at them."

She said the January 1 deadline for new e-cigarette regulations is still in place.

To contact the reporter on this story:

mpatrone@thestar.ca

Government backpedals on medical pot rules after backlash

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