Saturday, March 10, 2012

What is the law regarding "customers only" washrooms in the province of Ontario, Canada?

I was wondering what the current law is regarding use of washrooms by non-customers in the province of Ontario.



Are places other than large malls (like fast food restaurants, bars, etc.) legally allowed to deny someone from using a washroom if they are not a paying customer?



Also, I'm curious if there is any leeway for disabled people or people who suffer from bladder problems.



Any links would be appreciated.



Thank you.What is the law regarding "customers only" washrooms in the province of Ontario, Canada?
I don't think there is a law. I can't think of any business that will keep you from using their restroom in an emergency if you are not a customer. Usually those signs are just put up to deter people (sometimes homeless people) from using their bathrooms when they aren't a customer, I have never heard of a business stopping someone from using their bathroom because you have not bought anything. I don't know the law in Canada but in the US a business can deny anyone access to their property, but they usually only do that in a case where that person has been caught stealing.lWhat is the law regarding "customers only" washrooms in the province of Ontario, Canada?
This is a bit of a grey area.



Under the Ontario Building Code, since 1976 retail establishments (this includes restaurants with up to 30 seats) are required to provide sufficient washrooms for all "occupants." In theory if you are in a store, planning to purchase something or not, you are an occupant. The building code however only requires that the washroom exist, but doesn't necessarily mandate its right of use.



The City of Toronto recently enacted a bylaw for stores over 3200 sq feet requiring that the washrooms be made available to the public (the city reports use the word 'customer' but the bylaw says 'public'). It also requires that signs be installed indicating where the washrooms are.



So from a strictly legal standpoint, generally if you are in a retail establishment in Ontario, a washroom needs to be made available to you.What is the law regarding "customers only" washrooms in the province of Ontario, Canada?
It is the plain law of trespass. Businesses open their doors to the public. But there is a condition attached. You must attend for the purpose of doing business, or potentially doing business, with the store owner. Businesses are open to make money, not to be a public service to you, no matter what your condition. So it is perfectly justifiable for businesses to deny access to anyone who is not seeking to do business with the store. In other words, if you just want to "do your business" and not buy anything, or potentially buy anything, then you are just a trespasser.

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