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.

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