PUBLIC HEALTH LEGISLATION & THE LOCAL HEALTH DEPARTMENT

The food service industry in Canada is regulated by legislation at all three levels of
government:

• Federal
• Provincial
• Municipal

FEDERAL

The Canadian Food Inspection Agency (CFIA) inspects manufactured food for all of Canada.
The CFIA enforces The Food and Drug Act which sets standards for all foods produced and
sold in Canada. CFIA also oversees recalls of retail food products when necessary.

Other federal Acts and regulations govern specific foods that require special
attention as they have been linked to outbreaks of food-borne illness. These
foods include:

• Meats and Poultry

• Milk and dairy
• Fish and seafood
• Eggs

PROVINCIAL

Health Protection and Promotion Act (HPPA)

• Provincial legislation under which multiple public health-related
regulations are passed
 Applies only in Ontario
 Enforced by Ontario Ministry of Health and Long-Term Care (MOHLTC).

• Authorizes the local health department to inspect places where health hazards may
exist
 Health hazard: is a condition of a premises, a substance, thing, plant or
animal other than man, or a solid, liquid, gas or combination of any of them,
that has or that is likely to have an adverse effect on the health of any
person.

1
 • Gives local health department powers to enforce laws under HPPA. Some of these
are:
 Power of Entry
 Power of Seizure
 Power of Destruction
 Power to Make an Order

• Many HPPA Regulations enforced by Public Health Inspectors (PHI)

• It is the responsibility of every owner/operator and their employees to
abide by all Acts and Regulations that applies to them.
 Maximum fine for individuals under the HPPA: $5000 per
infraction, per day
 Maximum fine for corporations under the HPPA: $25,000 per infraction, per
day

Food Premises Regulation (O. Reg. 493)

• Food safety legislation passed under the HPPA, enforced by

Public Health Inspector

• Provincial legislation, applies only in Ontario

• Minimum food safety standards that must be followed anywhere the public is
served food in Ontario
 Exempted premises:
1. Boarding houses that serve food to less than 10 occupants
2. Farmers markets
3. Special events and bake sales put on by:
 Churches
 Services clubs (e.g. United Way, Rotary Club)
 Fraternal organizations (e.g. Canadian Legion, Moose Lodge)

• Food premises owner/operator and their employees responsible for complying with
this Regulation

• Covers rules for such things as food cooking temperatures, food handling, food
handler hygiene, sanitation, washrooms, maintenance, etc.

• Ontario Food Safety Training Requirements: As of July 1st 2018, every food
premises operator shall ensure at least one certified food handler or supervisor is
working during operating hours
2
Role of the Board of Health

• In Ontario, there are 35 Boards of Health, sometimes called ‘health units’.

The term “health unit” refers to the geographic area served by the Board of Health

• Board of Health is comprised of both locally-elected and provincially-appointed

members

• Board of Health is mandated by the Health Protection and Promotion Act (HPPA) to
maintain public health standards in the local community

• Board of Health delegates its duties to the local health department. These duties
include health promotion, injury prevention, disease surveillance, and health
protection. Ensuring the public is served safe food is also included

Role of the Public Health Inspector

A Public Health Inspector (PHI) has 4 main roles when it comes to food safety:

1) Inspect food premises to ensure food is safe to eat

During inspections, Public Health Inspectors look for:
 Unsafe food handling practices
 Issues of non-compliance with regulations

Inspection frequencies are based on potential risk of causing a

food-borne illness:
 High risk premises = no less than three times per year.
 Medium risk premises = no less than twice a year.
 Low risk premises = no less than once a year.

If an immediate health hazard is observed during an inspection, the PHI could close
the food premises.

Other food safety duties of a Public Health Inspector include:

 Investigation of food-borne illnesses and food-borne outbreaks
 Investigation of consumer complaints
 Action needed on food recalls, fires, floods, and emergencies

3
 2) Educate food handlers on proper food safety practices

Public Health Inspectors cannot inspect all food being served so food handlers
must be aware of how to properly handle and serve food.

3) Enforce the Food Premises Regulation

Public Health Inspectors are Provincial Offences Officers. They can issue tickets to
food premises that do not follow the requirements of the Food Premises Regulation.

4) Help to develop a food safety program with the operator

A food safety program combines all aspects of food safety. A food safety program
empowers an operator to regulate themselves to ensure the food they serve is safe
to eat.

When should you call your local Public Health Inspector?

 New premises
 Renovations
 Menu change
 Owner change
 Complaints, concerns, questions
 Suspected food-borne illness

MUNICIPAL

Bylaws

• Municipalities create local laws called ‘bylaws’ that federal or provincial laws do
not cover
• Bylaws deal with local issues e.g. garbage, business licensing, washrooms
• Some bylaws affect food premises.
• Public Health Inspectors can enforce