Wood stove ban could go to court

Bylaw prohibits their installation; Lawsuit contends that city did not present sound, reliable scientific data

The city of Montreal will be forced to go before Quebec Superior Court to defend its recent ban on the installation of new wood-burning stoves after a lawsuit was filed against the city last Thursday.

"It's always been a question of public health for the Tremblay administration," said Alan DeSousa, executive committee member of the city of Montreal. "We went through exhaustive public consultations over three days and the bylaw was given majority support from the public and was passed unanimously at Council. That's how any democracy works."

The lawsuit is being filed by the Association des professionnels du chauffage, which represents 225 Quebec businesses that make, distribute, sell and maintain wood-burning stoves and related products, and Montreal residents Ghyslain Bélanger and Jose Canelho, who want to install or modify wood-burning stoves in their homes.

The lawsuit contends that the city "did not present any sound, reliable scientific study" as part of the process which led to the ban.

"No scientific expertise was presented demonstrating that the ban on new installations would have a positive effect on air quality."

However, DeSousa stated that representatives from Montreal's Public Health Department attended the public consultation hearings and presented facts and medical studies, including the science behind the impact of the fine particles on human health.

"They went through a fairly exhaustive presentation," DeSousa said. "All of which is available as public record."

The bylaw, which was adopted by city council on April 27, regulates the installation of new wood burning stoves.

"The types of stoves now permitted use wood pellets, natural gas, propane or electricity," DeSousa explained. "Where ever someone is building a new home or is modifying their home, they would be required to comply with the bylaw. The required stoves are already on the market and people have a wide choice of available products."

According to the city's last annual report on air quality, 67 out of 68 bad air quality days in 2008 were caused by particulate matter, which is released in chimney smoke. These fine particles are dangerous because they become imbedded deep in the lungs. In addition to causing over 6,000 cases of bronchitis in Montreal children annually, Health Canada stated that about 1,540 people die prematurely each year in Montreal because of air pollution.

The lawsuit contends "it has been clearly and scientifically demonstrated" that such a ban "in no way contributes to the improvement on air quality."

It is asking the court to suspend the bylaw until a final judgment has been rendered, and to ultimately have the bylaw reversed.

DeSousa said the city of Montreal won't back down.

"We want to be able to protect the health of our population," DeSousa said. "We believe that this bylaw is appropriate for our community and in the city's best interest."

As for the implications the ban has on the wood-burning stove industry in Montreal, DeSousa said "they can sell their products elsewhere, the market is quite large. What we're concerned about is what is installed in Montreal, and how it effects our population."

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