A man and woman wear face masks as they walk along Sainte-Catherine street in Montreal, Sunday May 24, 2020, as the COVID-19 pandemic continues in Canada and around the world. Stores with a street entrance are allowed to reopen in Montreal on May 25th. THE CANADIAN PRESS/Graham Hughes

No mask, no service? Businesses have the right to require masks on customers

Longo’s and T&T supermarkets, Air Canada and Uber that shoppers, travellers and riders will will have to wear masks

If you were hoping to get out of putting on a face mask to visit stores and other businesses demanding customers wear one, think again.

Experts agree with remarks Ontario Premier Doug Ford made on Friday, reminding Canadians that companies have the right to ask you to slip on a face covering or seek products and services elsewhere.

“Any business has the right to refuse anyone. That’s their business,” Ford said on a teleconference last week. “I highly highly encourage that people put on a face shield.”

He said he knows of two large grocery chains that have already adopted the “no mask, no service” policy meant to quell the spread of COVID-19.

The Canadian Press has been told by Longo’s and T&T supermarkets, Air Canada and Uber that shoppers, travellers and riders will be confronted with the mandatory policy at their stores and businesses.

Richard Powers, a University of Toronto associate professor with expertise in business law, says the policy is well within a company’s rights.

“The safety of retail workers and staff trumps the customers right to refuse wearing a mask,” he said.

“Businesses have a legal responsibility to create a safe working environment and if having people wear masks is a reasonable accommodation, which I think it is, to provide that safe environment, I believe that the retailer can refuse entry to someone who will not don a mask.”

READ MORE: Wearing non-medical masks now recommended in public: Canada’s top doctor

City of Toronto spokesperson Diala Homaidan confirmed in an email that “no mask, no service” policies do not contravene any bylaws, but said such rules are not a requirement of business licensing and are left to the discretion of individual companies.

However, businesses that do implement such policies are likely to face concerns from Canadians with health conditions that are aggravated by masks.

Wearing a mask could contribute to an asthma attack for some, she said, while others with autism spectrum disorder may have trouble with sensory processing, as well as tactile, olfactory and nervous-system hypersensitivity that wearing a mask could trigger.

“Be very aware of those with different types of cognitive, intellectual disabilities, those who are hearing impaired and others,” Canada’s top health official said recently.

“Don’t assume that someone who isn’t wearing a mask or is wearing something different doesn’t have an actual reason for it,” chief public health officer Dr. Theresa Tam said.

Powers believes this is a sign some retailers could be in for a fight.

“Someone will challenge that on whatever grounds — discrimination perhaps — and that creates a hassle for the retailer and an expense, if they choose to fight it,” he said.

Adam Savaglio, a partner at business and employment law firm Scarfone Hawkins LLP, said the policy creates ”a dance” for companies, especially because governments are advising them to take precautions to protect people from COVID-19.

“It can create a potential discrimination claim because one of the grounds in Ontario, at least under the Human Rights Code, where an individual may have a claim, is they’re being adversely treated on account of a protected ground, in this case, disability,” Savaglio said.

“They may have a personal right of action against the owner of that business for denial of service.”

That can be juxtaposed with health and safety legislation under the Occupational Health and Safety Act, which says companies have an obligation to protect its employees from all reasonable or forseeable risks of harm.

“That creates a competing rights issue,” he said. ”Who triumphs if the individual refuses to adhere to the protocol?”

The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Coronavirus

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Greater Victoria infrastructure get millions in investments to help with economic recovery

New community spaces, health centre, turf fields coming for region

Ryan Reynolds matching fundraising dollars for B.C.’s Great Bear Rainforest

Vancouver-born actor appeals to the public with Make Ryan Pay! campaign

Owners say loss of parking pushes businesses to the brink

New Penny Farthing patio ‘will be like New Orleans, or Las Vegas’

Sidney neighbours host miniature Dinner en Rouge after COVID-19 cancellation

Group came together to celebrate Canada Day safely

Victoria International Airport rolls out health and safety initiative

YYJ limits who can enter terminal along with other added safety measures

UPDATE: Military reservist facing 22 charges after allegedly ramming gates at Rideau Hall

The man, who police have not yet officially identified, will be charged with multiple offences

Alberta health minister orders review into response after noose found in hospital in 2016

A piece of rope tied into a noose was found taped to the door of an operating room at the Grande Prairie Hospital in 2016

B.C.’s major rivers surge, sparking flood warnings

A persistent low pressure system over Alberta has led to several days of heavy rain

B.C.’s Indigenous rights law faces 2020 implementation deadline

Pipeline projects carry on as B.C. works on UN goals

‘Mind boggling’: B.C. man $1 million richer after winning Lotto 6/49 a second time

David O’Brien hopes to use his winnings to travel and of course keep playing the lottery

White-throated sparrows have changed their tune, B.C. study unveils

Study marks an unprecedented development scientists say has caused them to sit up and take note

B.C. teacher loses licence after sexual relationships with two recently-graduated students

The teacher won’t be allowed to apply for a teaching certificate until 2035

Lower Mainland teacher facing child pornography charges

Elazar Reshef, 52, has worked in the Delta School District

All community COVID-19 outbreaks declared over in B.C.

Abbotsford manufacturer cleared by Dr. Bonnie Henry

Most Read