Impacts of COVID-19 on Canadian food businesses

Much has changed for Canadians in the past few weeks due to COVID-19. One thing that has not changed is that people still need to buy and consume food, as evidenced by the recent panic buying. In maintaining food safety programs, food businesses face an increasingly complex regulatory landscape from the measures enacted by federal, provincial and municipal governments to combat COVID-19.

This article will summarize some of the measures that have been implemented by the Canadian Food Inspection Agency (CFIA) at the federal level, and in Ontario, Québec and British Columbia at the provincial level. Businesses should also be aware of municipal requirements, such as the City of Vancouver’s recent orders made under its emergency powers.

CFIA – Response to COVID-19

So far, the CFIA’s response to COVID-19 has been operational, rather than imposing more stringent food safety measures on industry. Food businesses still must comply with the Safe Food for Canadians Act, S.C. 2012, c. 24 and the Safe Food for Canadians Regulations, S.O.R./2018-108. The CFIA has taken the position that “[t]here is currently no evidence that food is a likely source or route of transmission of COVID-19”, but it will continue to monitor the situation.¹ However, food businesses may need to comply with heightened hygiene and sanitary measures from the provinces and municipalities in which they operate, as discussed below.

Nonetheless, COVID-19 is affecting the CFIA’s operations. The CFIA has temporarily suspended low-risk food inspections and other investigations. Instead, the CFIA will focus its operations on areas of higher risk and towards activities that are critical to the safety of food, as well as animal and plant health. The CFIA will prioritize:

• food safety investigations and recalls;
• animal disease investigations;
• inspection services;
• export certification;
• import inspection services;
• emergency management; and
• laboratory diagnostics in support of the above.

Also, the CFIA has clarified on its website that businesses should not require CFIA inspectors and officials to sign various documents, such as Visitor Request Forms and COVID-19 Screening Forms, before entering facilities.² Under the various legislation enforced by the CFIA, inspectors and officials have broad powers to enter any place in which they have reasonable grounds to believe that an activity regulated by CFIA legislation is conducted, for the purpose of verifying compliance, preventing non-compliance, or both.

The Government of Canada has provided additional guidance in relation to importing animals. The federal government has stated that, to date, there have not been any reports of livestock being infected by COVID-19 anywhere.³ However, livestock producers should continue to follow normal biosecurity measures.

As for imported animals, all animals entering Canada must meet import requirements set out by the CFIA. There are currently no specific requirements in place in Canada restricting animal importation related to the COVID-19 outbreak.⁴  However, the federal government has recommended that importers, rescue organizations and adoptive families limit or postpone importing animals from outside of Canada. If animals must be imported to Canada, they should be closely monitored for signs of illness. Contact a veterinarian if the animal becomes sick and inform the veterinarian of the circumstances.

Ontario and Québec – Mandatory closures of non-essential or non-priority workplaces

On March 23, 2020, both the Ontario and Québec provincial governments announced they would order the mandatory closure or minimization of all non-essential workplaces in their respective provinces.

The Ontario order took effect on March 24, 2020 at 11:59 p.m. The closure will be in effect for 14 days with the possibility of being extended as the situation evolves. The Government of Ontario released a list of essential workplaces that can remain open.⁵ This includes a number of food-related businesses identified as “essential” workplaces, including:

• businesses engaged in the retail and wholesale sale of food, pet food and supplies, and household consumer products necessary to maintain the safety, sanitation and essential operations of residences and businesses, including grocery stores, supermarkets, convenience stores, markets and other similar retailers;
• businesses that provide essential items for the health and welfare of animals, including feed, animal food, pet food and animal supplies, including bedding;
• restaurants and other food facilities that prepare and serve food, but only for delivery or takeaway, together with food delivery services;
• businesses that farm, harvest, process, manufacture, produce or distribute food, including beverages, crops, animal products and by-products, aquaculture, hunting and fishing;
• businesses that support the food supply chain, including assembly yards, livestock auctions, food distribution hubs, feed mills, farm equipment suppliers, feed suppliers, food terminals and warehouses, animal slaughter plants and grain elevators; and
• businesses that support the safety of food, including animal and plant health, and animal welfare.

The order in Québec is effective as of March 25, 2020, at 12:01 a.m. until April 13, 2020. Québec has identified food businesses among the priority services and activities that may remain open, subject to current and future health directives.⁶ As of March 24, 2020, the following are “priority” food-related activities and services:

• food inspection and safety;
• food production, such as farming enterprises, food processing, beverages, slaughterhouses, market garden production;
• the production of inputs necessary for priority sectors;
• grocery stores and other food stores;
• procurement and distribution of foodstuffs, grocery stores and convenience stores; and
• pet food and supplies stores.

Essential or priority food businesses in Ontario and Québec that remain open will still need to follow social distancing practices, and implement increased hygiene and sanitary measures.

British Columbia – General measures

As of March 24, 2020, unlike Ontario and Québec, British Columbia has not implemented the same type of broad-based closure of non-essential or non-priority businesses. Instead, the British Columbia government has focused is mandatory closure orders on businesses that cannot meet the requirements of social distancing.

British Columbia has prohibited mass gatherings in excess of 50 people at any place. As noted in a previous article, the wording of the order against gatherings is broad, and there are ongoing efforts to clarify the scope of the order and its impacts on businesses. For grocery stores, premises must limit the number of customers entering the store and advise customers in line to maintain social distancing. When customers are waiting in line at the check-out they must stay 2 metres away from each other.⁷

The British Columbia Centre for Disease Control (BCCDC) has made a number of recommendations for grocery stores, restaurants and other food premises for employers and workers.⁸ Food premises will still need to maintain food safety procedures according to the Food Safety Act, S.B.C. 2002, c. 28, and the Food Premises Regulation, B.C. Reg. 210/99. However, the BCCDC has added further recommendations in light of COVID-19, including:

• employees (cashiers) should limit direct handling of credit cards and loyalty cards where possible, and allow customers to scan them;
• discontinue open bulk bins in which customers can touch bulk goods, although gravity feed bins and staff dispensing bulk foods behind a counter are acceptable;
• review sanitation procedures and increase sanitation frequency, especially for high touch surfaces and public areas;
• masks are not needed for people who are not experiencing any symptoms such as cough, sneeze, fever or shortness of breath; and
• if a food premises chooses to use gloves, employees must wash their hands thoroughly before putting on the gloves and change them regularly.

Restaurant operators should also be aware of municipal level orders. For example, there are fines of up to $50,000 for businesses, or tickets of up to $1,000 for individuals, for contravening a written order of the City of Vancouver made under By-law No. 12661, “A By-law to declare a State of Emergency in Vancouver” (Emergency By-Law). Pursuant to the Emergency By-Law, the City of Vancouver ordered that restaurants must prohibit customers from eating in the premises and cannot have more than 10 people in the premises at one time. Contravening this order will result in a fine or a ticket.

We will be updating this article as more information becomes available. If your food business has any questions about the changing regulatory landscape arising from COVID-19, please contact Morgan Camley or Roark Lewis.

This post was originally published on dentons.com.

1. Canada, CFIA, “Coronavirus disease (COVID-19): CFIA information for industry”.
2. Ibid.
3. Government of Canada, “Coronavirus disease (COVID-19): Prevention and risks”.
4. Ibid.
5. Ontario, Officer of the Premier, “List of Essential Workplaces” (March 23, 2020).
6. Québec, “Minimization of non-priority services and activities”.
7. British Columbia Centre for Disease Control, “COVID-19 – Employers & Businesses”.
8. British Columbia Centre for Disease Control, “COVID-19 – Employers & Businesses”.