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:

• 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