Arrondissement de Ville-Marie

A group of musicians is sanctioned by the Comité paritaire because its performance on public land would have exceeded the noise limits set forth in the By-law. This group’s permit will not be automatically renewed next year: the group will have to audition to obtain it.

The OdM’s inquiry shows that the process that led to this penalty is not fair.

♦  Those who complained are musicians sitting on the Comité paritaire: they took part in the deliberations concerning this sanction. These persons were not impartial: they could also have influenced other members of the committee.

♦  The letter inviting the musicians to appear before the Comité paritaire did not describe the alleged violation: the musicians could not prepare properly.

The Borough acknowledges that the situation raises concerns :

♦  It reminds all Comité paritaire members that no person involved in a file can take part in the decision-making process related thereto.

♦  Henceforth, the Avis de convocation sent by the Comité paritaire are more precise as to the date, place and details of the alleged violation.

The penalty is cancelled.

Furthermore, the OdM stresses to the Borough that the By-law requirement that an outdoor musical performance must not be heard beyond 25 metres does not seem realistic. The Borough will review its approach in 2019. The OdM will follow-up.

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