Legal Rulings on the City of Ottawa's Smoke-Free Bylaws
To date, the City of Ottawa has successfully defended all challenges to the smoke-free bylaws:
1) Court upholds ban on Designated Smoking Rooms
2) Court Registers Conviction Against Proprietor of Bar/Billiard Hall
3) Appeal Court Upholds Ottawa Smoke-Free Bylaws
4) City asks Ontario Superior Court to bring flagrant violators into compliance
5) City Committee Approves Stiffer Enforcement Measures
6) $1,700 Fine in Smoking Case
7) $4,515 Fine in Smoking Test Case
1) Court upholds ban on Designated Smoking Rooms
Ottawa - Today, the Ontario Court of Justice overturned the July 25, 2002, decision regarding Designated Smoking Rooms (DSRs), thereby confirming that DSRs are prohibited under Ottawa's Smoke-free Bylaws. The court acknowledged that smoking is forbidden in all indoor public places.
City lawyer Michael Rankin says today's ruling clarifies the Bylaw's intent. "The Court has said that the initial ruling of the Justice of the Peace was in error," said Mr. Rankin, "and that owners cannot divide their premises into sections where laws apply and where they do not."
Local businesses asked the City to prohibit DSRs because it gave an unfair advantage to the larger, more affluent establishments. The City appealed the July 25, 2002, decision to ensure a correct interpretation of the Bylaws and in order to maintain a 'level playing field' for all establishments in the hospitality sector. The Ontario Restaurant Hotel and Motel Association - Ottawa Chapter, has told Council they do not support DSRs because they are too costly, don't protect the health of their staff and patrons, and could not work in many of their establishments.
The Chair of the City's Health, Recreation and Social Services Committee Alex Munter, also noted that, in reality, the hospitality sector has adjusted to the Bylaws. "In the first year of the Smoke-free Bylaws we had 123 new and expanded establishments open, which is obviously a huge vote of confidence by investors," said Councillor Munter. "Despite the tough times in the local economy with the downturn in high-tech and tourism, we are nevertheless seeing growth in the hospitality sector."
The City of Ottawa's Smoke-free Bylaws were enacted on August 1, 2001, to ensure that workers and patrons frequenting public establishments could do so in a healthy and safe environment. The threat posed by second-hand smoke in these establishments has been eliminated.
For more information:
City of Ottawa Communications & Marketing
(613) 580-2450
1) Court upholds ban on Designated Smoking Rooms
2) Court Registers Conviction Against Proprietor of Bar/Billiard Hall
3) Appeal Court Upholds Ottawa Smoke-Free Bylaws
4) City asks Ontario Superior Court to bring flagrant violators into compliance
5) City Committee Approves Stiffer Enforcement Measures
6) $1,700 Fine in Smoking Case
7) $4,515 Fine in Smoking Test Case
1) Court upholds ban on Designated Smoking Rooms
Ottawa - Today, the Ontario Court of Justice overturned the July 25, 2002, decision regarding Designated Smoking Rooms (DSRs), thereby confirming that DSRs are prohibited under Ottawa's Smoke-free Bylaws. The court acknowledged that smoking is forbidden in all indoor public places.
City lawyer Michael Rankin says today's ruling clarifies the Bylaw's intent. "The Court has said that the initial ruling of the Justice of the Peace was in error," said Mr. Rankin, "and that owners cannot divide their premises into sections where laws apply and where they do not."
Local businesses asked the City to prohibit DSRs because it gave an unfair advantage to the larger, more affluent establishments. The City appealed the July 25, 2002, decision to ensure a correct interpretation of the Bylaws and in order to maintain a 'level playing field' for all establishments in the hospitality sector. The Ontario Restaurant Hotel and Motel Association - Ottawa Chapter, has told Council they do not support DSRs because they are too costly, don't protect the health of their staff and patrons, and could not work in many of their establishments.
The Chair of the City's Health, Recreation and Social Services Committee Alex Munter, also noted that, in reality, the hospitality sector has adjusted to the Bylaws. "In the first year of the Smoke-free Bylaws we had 123 new and expanded establishments open, which is obviously a huge vote of confidence by investors," said Councillor Munter. "Despite the tough times in the local economy with the downturn in high-tech and tourism, we are nevertheless seeing growth in the hospitality sector."
The City of Ottawa's Smoke-free Bylaws were enacted on August 1, 2001, to ensure that workers and patrons frequenting public establishments could do so in a healthy and safe environment. The threat posed by second-hand smoke in these establishments has been eliminated.
For more information:
City of Ottawa Communications & Marketing
(613) 580-2450
2) Court Registers Conviction Against Proprietor of Bar/Billiard Hall
The Ontario Court of Justice, Provincial Offences Court registered convictions against Richard Teahen proprietor of the Cue N' Cushion Billiard and Bar.The defendant, a billiard hall/bar located on Bank Street had advanced a defence that it was exempt from the provisions of the Smoke-free By-laws claiming it was a private/club. In addition, the defendant challenged the City's prosecution alleging that the City had selectively enforced/prosecuted the Smoke-free By-laws against certain establishments and not others, in violation of The Charter of Rights and Freedoms.
With respect to the Charter matter, the Court dismissed the defendant's motion. The Court held that it was satisfied that selective enforcement/prosecution did not nor does not exist. The City has enforced the By-laws uniformly.
With respect to the charges under the Smoke-Free By-laws against the defendant, the Court registered convictions finding that upon evidence and dates in question the establishment was permitting smoking and ashtrays to be displayed. In relation to the offences, the Court was satisfied that the defendant was indeed a designated place set out in Public Places By-law 2001-148. In this regard, it rejected the defence of private club based on the By-law and the jurisprudence presented by the City.
The Court has reserved its decision on sentencing until September 9, 2002.
The Ontario Court of Justice, Provincial Offences Court registered convictions against Richard Teahen proprietor of the Cue N' Cushion Billiard and Bar.The defendant, a billiard hall/bar located on Bank Street had advanced a defence that it was exempt from the provisions of the Smoke-free By-laws claiming it was a private/club. In addition, the defendant challenged the City's prosecution alleging that the City had selectively enforced/prosecuted the Smoke-free By-laws against certain establishments and not others, in violation of The Charter of Rights and Freedoms.
With respect to the Charter matter, the Court dismissed the defendant's motion. The Court held that it was satisfied that selective enforcement/prosecution did not nor does not exist. The City has enforced the By-laws uniformly.
With respect to the charges under the Smoke-Free By-laws against the defendant, the Court registered convictions finding that upon evidence and dates in question the establishment was permitting smoking and ashtrays to be displayed. In relation to the offences, the Court was satisfied that the defendant was indeed a designated place set out in Public Places By-law 2001-148. In this regard, it rejected the defence of private club based on the By-law and the jurisprudence presented by the City.
The Court has reserved its decision on sentencing until September 9, 2002.
3) Appeal Court Upholds Ottawa's Smoke-Free Bylaws
May 28, 2002
Ottawa - At a hearing in Toronto, the Ontario Court of Appeal ruled today in favour of the City of Ottawa's Smoke-Free bylaw in dismissing appeals by PUBCO and the Rideau-Carleton Raceway, with costs. A three-judge panel ruled the City of Ottawa has the legal right to prohibit smoking in public places and workplaces under the powers granted to municipalities by the Ontario Municipal Act.
"We are satisfied with the Court decision. The Court of Appeal has confirmed what the Superior Court of Justice held last August - that the City is acting under clear legislative authority set out in the Municipal Act," said Michael Rankin, the lawyer representing the City.
PUBCO, an organization of local pub and bar owners, and Rideau-Carleton Raceway and Slots challenged the bylaws.
"This decision confirms Ottawa City Council's desire to put the health of our citizens first," said Mayor Bob Chiarelli. The Mayor also noted that since the legal challenge began, the Rideau-Carleton Raceway has expanded and 82 new bars and restaurants have opened
For more information:
Communications and Marketing
City of Ottawa
580-2450
May 28, 2002
Ottawa - At a hearing in Toronto, the Ontario Court of Appeal ruled today in favour of the City of Ottawa's Smoke-Free bylaw in dismissing appeals by PUBCO and the Rideau-Carleton Raceway, with costs. A three-judge panel ruled the City of Ottawa has the legal right to prohibit smoking in public places and workplaces under the powers granted to municipalities by the Ontario Municipal Act.
"We are satisfied with the Court decision. The Court of Appeal has confirmed what the Superior Court of Justice held last August - that the City is acting under clear legislative authority set out in the Municipal Act," said Michael Rankin, the lawyer representing the City.
PUBCO, an organization of local pub and bar owners, and Rideau-Carleton Raceway and Slots challenged the bylaws.
"This decision confirms Ottawa City Council's desire to put the health of our citizens first," said Mayor Bob Chiarelli. The Mayor also noted that since the legal challenge began, the Rideau-Carleton Raceway has expanded and 82 new bars and restaurants have opened
For more information:
Communications and Marketing
City of Ottawa
580-2450
4) City asks Ontario Superior Court to bring flagrant violators into compliance with Smoke-Free Bylaws
May 15, 2002
The City of Ottawa has asked the Ontario Superior Court to order six businesses to comply with the smoke-free bylaws. The injunctions were deemed necessary by the City's lawyers in order to ensure fairness for the 95% of bars and restaurants that are obeying the bylaws and protecting the health of their staff and customers.
"Owners of smoke-free bars and restaurants have been waiting nine months for the City to deliver a level playing field. It is unfortunate we have to use these additional measures in order to protect law-abiding businesses from unfair competition," said City Solicitor, Jerry Bellomo. An injunction is an order from the Court to comply with the bylaw. Any establishment choosing to disobey a Court order could be subject to additional sanctions like increased fines.
Although the vast majority of restaurants and bars are complying with the bylaws, there continues to be a small number of non-compliant establishments. These businesses have been using the delays inherent in the court system to postpone trial dates until late this summer or even early fall, resulting in an uneven playing field.
As the City is not interested in punishment, but in ensuring that all businesses are treated fairly and equally, it will not pursue the injunction should an establishment become and remain fully compliant. In fact, the City has already offered to forgo full prosecution of past charges in exchange for immediate compliance. This proceeding was authorized by a unanimous vote of the City's Corporate Services committee on Tuesday, April 2, 2002. It is not uncommon for municipalities to use dual action (prosecuting and getting an injunction at the same time) to achieve compliance with a bylaw. Other cities, like Victoria in British Columbia, have had to seek injunctions in similar circumstances and the result was successful.
The six businesses subject to today's proceedings are: Barrymore's, Sammy's Centrepointe Pub, the Original Waffle House, the Carleton tavern, Puzzles Sports Bar, and the Cue & Cushion Billiards and Bar. These establishments have been collectively charged with violating the law 268 times in the past nine months.
City of Ottawa Communications and Marketing
May 15, 2002
The City of Ottawa has asked the Ontario Superior Court to order six businesses to comply with the smoke-free bylaws. The injunctions were deemed necessary by the City's lawyers in order to ensure fairness for the 95% of bars and restaurants that are obeying the bylaws and protecting the health of their staff and customers.
"Owners of smoke-free bars and restaurants have been waiting nine months for the City to deliver a level playing field. It is unfortunate we have to use these additional measures in order to protect law-abiding businesses from unfair competition," said City Solicitor, Jerry Bellomo. An injunction is an order from the Court to comply with the bylaw. Any establishment choosing to disobey a Court order could be subject to additional sanctions like increased fines.
Although the vast majority of restaurants and bars are complying with the bylaws, there continues to be a small number of non-compliant establishments. These businesses have been using the delays inherent in the court system to postpone trial dates until late this summer or even early fall, resulting in an uneven playing field.
As the City is not interested in punishment, but in ensuring that all businesses are treated fairly and equally, it will not pursue the injunction should an establishment become and remain fully compliant. In fact, the City has already offered to forgo full prosecution of past charges in exchange for immediate compliance. This proceeding was authorized by a unanimous vote of the City's Corporate Services committee on Tuesday, April 2, 2002. It is not uncommon for municipalities to use dual action (prosecuting and getting an injunction at the same time) to achieve compliance with a bylaw. Other cities, like Victoria in British Columbia, have had to seek injunctions in similar circumstances and the result was successful.
The six businesses subject to today's proceedings are: Barrymore's, Sammy's Centrepointe Pub, the Original Waffle House, the Carleton tavern, Puzzles Sports Bar, and the Cue & Cushion Billiards and Bar. These establishments have been collectively charged with violating the law 268 times in the past nine months.
City of Ottawa Communications and Marketing
5) City May Seek Injunctions Against Worst Smoking Offenders
City of Ottawa Media Release
April 2, 2002
Ottawa - A City committee today approved stiffer enforcement measures--including injunctions--aimed at ensuring a level playing field for local bars and restaurants that have been hurt by competitors who are defying the smoke-free by-laws.
The decision gives the City Solicitor authority to seek injunctions against the worst offenders. An injunction is an order from the Superior Court to comply with the By-laws. Businesses that violate the injunction could be found in contempt of court and subject to fines of up to $25,000 and costs. The implementation of the smoke-free by-laws has been a success: ninety-five percent of bars and restaurants in Ottawa are obeying the law and protecting the health of their staff and customers. A small group of bars and restaurants, however, have been violating the smoke-free by-laws for almost eight months.
"Owners of smoke-free bars and restaurants are telling me that they've been waiting eight months for the City to deliver a level playing field. It's time to get tougher in order to protect these law-abiding businesses from unfair competition," said Mayor Bob Chiarelli. "The problem is that this small group of flagrant violators is taking advantage of lengthy delays in the prosecution process," said City Solicitor Jerry Bellomo. "More aggressive measures are now necessary to ensure compliance and fairness."
In order to improve compliance, the report also recommends that:
Contact:
Communications and Marketing
City of Ottawa
580-2450
City of Ottawa Media Release
April 2, 2002
Ottawa - A City committee today approved stiffer enforcement measures--including injunctions--aimed at ensuring a level playing field for local bars and restaurants that have been hurt by competitors who are defying the smoke-free by-laws.
The decision gives the City Solicitor authority to seek injunctions against the worst offenders. An injunction is an order from the Superior Court to comply with the By-laws. Businesses that violate the injunction could be found in contempt of court and subject to fines of up to $25,000 and costs. The implementation of the smoke-free by-laws has been a success: ninety-five percent of bars and restaurants in Ottawa are obeying the law and protecting the health of their staff and customers. A small group of bars and restaurants, however, have been violating the smoke-free by-laws for almost eight months.
"Owners of smoke-free bars and restaurants are telling me that they've been waiting eight months for the City to deliver a level playing field. It's time to get tougher in order to protect these law-abiding businesses from unfair competition," said Mayor Bob Chiarelli. "The problem is that this small group of flagrant violators is taking advantage of lengthy delays in the prosecution process," said City Solicitor Jerry Bellomo. "More aggressive measures are now necessary to ensure compliance and fairness."
In order to improve compliance, the report also recommends that:
- bars and restaurants must agree to be smoke-free before the City will issue a permit for a patio on City property;
- the City Solicitor be given the discretion to recommend reduced fines to the Court if a previously non-compliant business pleads guilty and makes a commitment to remain smoke-free, the breach of which would be met with aggressive prosecution
Contact:
Communications and Marketing
City of Ottawa
580-2450
6) $1,700 Fine in Smoking Case
Ottawa - An Ottawa Court issued fines totalling $1,700 after registering convictions against Ralph's Bar on Bank Street for violating Ottawa's Smoke-Free By-laws.
This ruling continues an important trend. Last month, the Court levelled a $2,400 fine against a pub in Stittsville. All of the small number of establishments tried to date for breaking Ottawa's public health by-laws have been convicted.
In response to the decision, City Solicitor Jerry Bellomo said: "The vast majority of establishments are obeying the law and are protecting the health of their workers and patrons. Aggressive prosecution is necessary to deter those who are flagrantly violating the law and preserve a level playing field for all establishments."
For more information:
City of Ottawa
Communications and Marketing 580-2450
Ottawa - An Ottawa Court issued fines totalling $1,700 after registering convictions against Ralph's Bar on Bank Street for violating Ottawa's Smoke-Free By-laws.
This ruling continues an important trend. Last month, the Court levelled a $2,400 fine against a pub in Stittsville. All of the small number of establishments tried to date for breaking Ottawa's public health by-laws have been convicted.
In response to the decision, City Solicitor Jerry Bellomo said: "The vast majority of establishments are obeying the law and are protecting the health of their workers and patrons. Aggressive prosecution is necessary to deter those who are flagrantly violating the law and preserve a level playing field for all establishments."
For more information:
City of Ottawa
Communications and Marketing 580-2450
7) $4,515 Fine in Smoking Test Case
Ottawa - An Ottawa Court today issued the stiffest fine to-date for violations of the City's Smoke-Free By-laws. The Newfoundland Pub on Montreal Road was convicted and fined $4,515.
Today's test case was the first full trial where the defendant argued that his establishment operates as a private club and is not subject to the by-law. The Court soundly rejected this argument.
In response to the decision, the City's solicitor, Michael Rankin, said: "The Court concluded that the practice of selling memberships at the door was a sham arrangement designed to circumvent the by-law. The Court made it clear that this pub was not a private club. The Court delivered a clear message to the people behind such arrangements that they won't work and that they will be heavily fined."
In addition to the fine, the Court issued a prohibition order forbidding the Newfoundland Pub from continuing to defy the law. Violation of this order could result in being found in contempt of court.
This ruling continues an important trend--all of the small number of establishments tried to date for breaking Ottawa's public health by-laws have been convicted.
Ottawa - An Ottawa Court today issued the stiffest fine to-date for violations of the City's Smoke-Free By-laws. The Newfoundland Pub on Montreal Road was convicted and fined $4,515.
Today's test case was the first full trial where the defendant argued that his establishment operates as a private club and is not subject to the by-law. The Court soundly rejected this argument.
In response to the decision, the City's solicitor, Michael Rankin, said: "The Court concluded that the practice of selling memberships at the door was a sham arrangement designed to circumvent the by-law. The Court made it clear that this pub was not a private club. The Court delivered a clear message to the people behind such arrangements that they won't work and that they will be heavily fined."
In addition to the fine, the Court issued a prohibition order forbidding the Newfoundland Pub from continuing to defy the law. Violation of this order could result in being found in contempt of court.
This ruling continues an important trend--all of the small number of establishments tried to date for breaking Ottawa's public health by-laws have been convicted.
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