The Emergency Preparedness and Protective Services Committee reviewed proposed changes to food premises licensing regulations, with significant public concern focused on new enforcement powers affecting music venues and entertainment establishments. Nine delegates spoke, primarily from the music and nightlife industry, raising concerns about vague language around noise enforcement tools that could impose tens of thousands of dollars in costs on small venues without clear standards or thresholds. Staff clarified the changes are meant to streamline licensing by combining food and amusement licenses into one category, with enforcement measures only applying in cases of chronic non-compliance.

Topics Discussed

Food Premises Licensing Consolidation

The city is proposing to consolidate food premise and amusement place licenses into a single "expanded activity food premise license" for establishments offering both food service and entertainment. Currently, 170 of Ottawa's 189 licensed amusement places are also food premises, requiring two separate licenses. The new consolidated license would cost $448 annually (the same as the combined cost of both current licenses) and require only one inspection instead of multiple inspections. Staff emphasized this streamlines processes for small businesses, with the changes taking effect May 31, 2026 if approved by council on April 8.

Noise Enforcement Powers Controversy

The most contentious issue involved two new enforcement tools that would allow the chief license inspector to mandate venues relocate sound equipment or obtain professional acoustic engineering reports costing "tens of thousands of dollars." Multiple delegates from the Ottawa Music Industry Coalition, Canadian Live Music Association, and individual venue operators expressed concern about the lack of clear thresholds defining "repeat violations" that would trigger these measures. Staff clarified these tools would only apply in "extreme cases" of chronic non-compliance and emphasized an "education first" approach, but delegates argued the vague language creates uncertainty that could discourage cultural entrepreneurship.

Data Access Issues for Noise Compliance

Fared Daher, operator of Grid Works at 221 Rideau, testified about investing nearly $100,000 in soundproofing but being unable to resolve ongoing complaints because the city has refused for nearly a year to provide data on complaint locations and timing, citing privacy concerns and ongoing court proceedings. Daher stated: "Without the data, we cannot confirm whether the issue is isolated to that unit or broader. And that distinction is extremely critical because it determines what type of response is appropriate." The case has had approximately a dozen court adjournments, with bylaw enforcement conducting roughly 100 visits over the past year, potentially triggered by a single complainant.

Home-Based Food Business Exemption

Staff recommended exempting home-based businesses preparing low-risk foods (primarily baked goods not requiring temperature control) from municipal licensing requirements, aligning with recent provincial legislation and the city's new zoning bylaw. These businesses would still be subject to inspection by Ottawa Public Health under the Health Protection and Promotion Act. Ottawa Public Health confirmed that food handler certification is "highly encouraged" but not required by law for low-risk home operators. The change aims to support small-scale entrepreneurship while maintaining food safety oversight.

Shared Commercial Kitchen Regulations

The review addresses the growing prevalence of shared commercial kitchens (ghost kitchens) which are not clearly defined in current bylaws. New regulations would require these facilities to maintain up-to-date logs of all clients using the space and ensure clients carry minimum $2 million commercial general liability insurance. A new offense would be created for misrepresentation of where food is prepared. Staff noted this framework helps legitimate operators while providing mechanisms to address "bad actors," with businesses maintaining good rental records expressing satisfaction with the approach.

Motions

Passed: The Emergency Preparedness and Protective Services Committee recommended council approve amendments to Bylaw 2002-189, including new and updated definitions and regulations in Schedule 7 (Food Premises) and Schedule 5 (Amusement Places), to take effect May 31, 2026.

Deferred: A notice of motion was introduced to include a comprehensive noise bylaw review in the next term of council's work plan, specifically examining disparities with NPC 300 guidelines. This motion will be considered at the April 16 meeting.

Attendees

Committee members present: Bradley, Deash, Divine, Hubley, Johnson, Kelly, Lulof, Plante, Skolski, Vice Chair Hill, and Chair Brochington.