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

Just Posted

Former MP Wayne Stetski running for BC NDP in Kootenay East

Former federal MP Wayne Stetski is running as the BC NDP candidate… Continue reading

Unofficial holidays: Here’s what people are celebrating for the week of Sept. 27 to Oct. 3

World Farm Animals Day, Drink Beer Day and Virus Appreciation Day are all coming up this week

Conservation Officers seek public assistance

A mule deer buck was poached within Elkford town limits

Two new COVID-19 cases reported in Interior Health

The total number of Interior Health cases since the beginning of the pandemic is now at 522

Editorial – Voters think little of political opportunism

John Horgan is playing a very cynical game with his own government’s health message

QUIZ: Do you know what’s on TV?

Fall is normally the time when new television shows are released

Canadian ski resorts wrestle with pandemic-vs.-profit dilemma as COVID-19 persists

Few are actually restricting the total number of skiers they allow on the hill

Victoria-area RCMP locate high-risk sex offender thanks to help of taxi cab driver

Scott Jones wanted on a Canada-wide warrant, ‘a risk to women and girls,’ police say

A (virtual) walk around the world by 88-year-old B.C. man

George Doi says it’s simple: ‘I like walking’

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

End of CERB means uncertainty for some, new system for others

As of a week ago, the CERB had paid out $79.3 billion to 8.8 million people

Horgan, Wilkinson trade barbs over MSP premiums, health care at campaign stops

Horgan called a snap election for Oct. 24 earlier this week

PHOTOS: 2nd calf in a month confirmed among Southern Resident killer whale pod

Center for Whale Research said they will eagerly await to observe the calf to evaluate its health

Most Read