Do Municipalities Have the Authority to Limit the Distribution of Printed Publicity within their Boundaries?

Appealed last June, the Médias Transcontinental v. Ville de Mirabel decision confirms the validity of a municipal by-law contested by Publisac’s distributor, which must now refrain from distributing printed advertising in Mirabel without an express authorization to that effect.

Our lawyer Charlotte Fortin comments on this Superior Court of Québec decision in a Thomson Reuters article^[1]. In her opinion, this decision shows how far municipalities have come in their efforts to gain greater autonomy and how environmental issues are becoming increasingly important. She reviews the following key elements of the judge’s analysis in this case:

• the process by which the by-law was adopted, in which the city apparently failed to consult with Transcontinental Media;
• whether the by-law was reasonable;
• the freedom of expression related to the deemed refusal to receive the Publisac; and
• the vested rights in the Publisac distribution method.

This matter will no doubt be worth following as Transcontinental Media filed a statement of appeal on June 13, 2022.

[1] Charlotte FORTIN, "Commentaire sur la décision Médias Transcontinental c. Ville de Mirabel - Le pouvoir des municipalités de restreindre la distribution d’imprimés publicitaires sur leur territoire", in Repères, August 2022, La référence, EYB2022REP3489