Municipalities can regulate junk food, court rules

Municipalities do have the right to use zoning to fight against junk food, the Court of Appeal has just ruled by rejecting the appeal of a group of fast restaurateurs.

Isabelle Dubé
Press

“We are all very happy,” said Marvin Rotrand, the Montreal elected official behind the zoning bylaw, on the phone. Is this the end of the story? Are they going to try to get an appeal to the Supreme Court? I hope not. The restaurant industry must understand that the habits of citizens have changed and that they want a new supply of food. “

The story began in 2016 when the borough of Côte-des-Neiges – Notre-Dame-de-Grâce (CDN-NDG) adopted a municipal by-law limiting the areas where new fast food establishments can be established.

The regulation not only wanted to limit the progression of fast foods near schools and in commercial arteries in the heart of neighborhoods, but also revolved around a broader plan to promote healthy lifestyles, which favored physical activity, cycling and access to food costs.

After losing its case in 2019 against the city of Montreal in Superior Court, the group of restaurants appealed and lost. These include Restaurants Canada, Les Rôtisseries St-Hubert, McDonald’s Restaurants of Canada, A&W Food Services of Canada, Restaurant McGeorge Inc. and Groupe TDL Corporation (Tim Hortons).

Clear zoning rights and definition

In his decision, Judge Frédéric Bachand answered two questions in particular. First, that the borough has not exceeded its zoning power, and then that it is not impossible to determine what is or is not a fast food restaurant.

“The appellants are wrong to claim that there is no significant difference between a fast food restaurant and other types of restaurants,” he wrote.

Judge Frédéric Bachand explains that various commercial activities are practiced there which can be “rationally distinguished from one another” as it is distinguished that “bars offering dance shows practice a different commercial activity from that of bars offering erotic shows. “.

“It is permissible to conceive of fast food as a commercial activity with its own characteristics. “

According to the zoning by-law, the definition of a fast-food restaurant is as follows: “restaurant establishment whose food is mainly served in disposable containers, wrappers or plates, when consumed on site, and where there is no has no table service.

Reached by phone, the federal and Quebec vice-president of Restaurants Canada, Olivier Bourdeau, was unable to comment on the decision. “We must first take full notice of the judgment,” he said.

Clean up the food environment around schools

“This decision demonstrates that municipalities have great power and tools to build healthy living environments,” says Corine Voyer, director of the Quebec Coalition on Weight Issues, over the phone. It is a great social gain, especially with a new generation of elected officials who will soon take office. “

“It is not because it is now possible to zone the territory that there will no longer be fast foods next to schools, because there are acquired rights, she continues. But when there is a restaurant that leaves, it is a possibility for the municipalities to clean up the food environment around the schools. “

For his part, Councilor Marvin Rotrand explains that there was an evolution of actions and mentalities before arriving at this type of zoning. The dean at the town hall who left politics after 39 years and 10 consecutive terms recalls that he campaigned against tobacco in public places at the end of the 80s, the ban on sugary drinks in arenas and that of trans fat.

“With fast food, it was not only a question of junk food, but also a question of the look of our commercial arteries, of the uncleanliness and the increase in traffic caused by this type of restaurant. We have decided to win all our objectives with a zoning by-law, which recognizes acquired rights, ”he concludes with the pride of leaving a lasting legacy for citizens.

With the participation of Louis-Samuel Perron, Press