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

Surrey provincial court. (File photo: Tom Zytaruk)
OUR VIEW: Lenient courts aren’t helping

It’s hard to fault the palpable frustration of Metro Vancouver Transit Police

Left, Rowena Leivo early on in her volunteer career with the South Surrey/White Rock Food Bank. Right, Leivo in the food bank Tuesday. (Contributed photos)
After 34 years, ‘The Boss’ retires from South Surrey Food Bank volunteer gig

Rowena Leivo, 90, spent a third of her life volunteering at the food bank

Matthew Campbell, director of the Fraser Valley Regional Food Bank, stands amongst a large amount of non-perishable food and household items being stored inside the Pacific Community Church. This year’s ‘Halloween For Hunger’ food drive, put on by students at Clayton Heights, will go to benefit the Fraser Valley Regional Food Bank. (Photo: Malin Jordan)
Clayton Heights Secondary kicks off annual ‘Halloween for Hunger’ event

Students to collect much-needed items for food bank

Ali Watson in Arts Club Theatre Company’s production of “No Child…,” which plays until Nov. 8. (photo: Moonrider Productions)
Viewers of Arts Club’s streaming plays support Surrey Civic Theatres

Company’s ‘bubble method’ of theatre production means just 50 in-person tickets for each performance

Surrey RCMP cruisers outside a Newton townhouse Tuesday night. (Photo: Shane MacKichan)
UPDATE: Toddler in hospital, woman dead following stabbings at Surrey townhouse

Police say two-year-old was among victims found at townhouse complex in the 12700-block of 66 Avenue

Provincial health officer Dr. Bonnie Henry presents modelling of COVID-19 spread in B.C., March 25, 2020. (B.C. government photo)
B.C. sets another COVID-19 record with 203 new cases

up to 1,766 active cases in B.C., two more deaths

RCMP. (Phil McLachlan - Black Press Media)
British Columbia man dies during ski trip near glacier west of Calgary

Kananaskis Public Safety and Alpine Helicopters responded around 2:30 p.m.

Prime Minister Justin Trudeau arrives on Parliament Hill in Ottawa on Monday, Oct. 19, 2020, following a week-long break for the House of Commons. THE CANADIAN PRESS/Sean Kilpatrick
One crisis after another for Trudeau since last federal election one year ago

It has been a year of unprecedented calamity and crisis

Rio Tinto Alcan’s aluminum smelter at Kitimat competes against producers in the Middle East and Russia that have no carbon tax. (Rio Tinto)
B.C. carbon tax highest in Canada, export industries unprotected

B.C. NDP, B.C. Liberals say they’re looking at exemptions

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

In this file photo, snow is seen falling along the Coquihalla Highway. (Liam Harrap/Revelstoke Review)
Weather statement issued for Coquihalla, Hwy 3, as arctic front approaches

The early season snowfall expected to hit Fraser Valley, Friday, Oct. 23

(Pixabay)
Vancouver teacher suspended after swearing, touching students and complimenting underwear

McCabe touched students, including rubbing their backs and necks, touching their hair and hugging them

The website Chigoby is among eight scam online retailers that have been identified by the Better Business Bureau. The site was fraudulently using an Abbotsford residential address, but has since switched to one in Poland.
8 scam online-shopping websites fraudulently use Abbotsford address

Better Business Bureau says victims lost hundreds for non-existent or poor-quality products

Most Read