On May 28, 2015, the Ontario government enacted the Making
Healthier Choices Act S.O. 2015 C.7 ("Act")1. The Act, which comes
into force on January 1, 2017, imposes requirements on certain food
service establishments to post calorie counts on their menus.2
What You Need to Know
The legislation applies to any food service establishment that
prepares, sells or serves meals or meal portions in a form that can
be consumed immediately and that operates 20 or more establishments
in Ontario under the same or substantially the same name. Together,
these requirements capture a diverse spectrum of food service
establishments, including chain restaurants, fast-food outlets,
grocery stores, and convenience stores.
Establishments that meet the above criteria will be required to
post the calorie content of:
each standardized portion of food or drink directly on the
any food item on display on an identifying tag or label;
any standardized combination of food or drink items directly on
Failure to comply with the labelling requirements would be a
provincial offence punishable by fines of up to $1,000 per day for
individuals, and up to $10,000 per day for corporations.3
1 The Act was
passed as Bill 45. The predecessor bill, Bill 162, the
"Making Healthier Choices Act, 2014" was
introduced on February 24, 2014.
2 The Act also
contains restrictions on e-cigarettes and flavored
3 The legislation
also allows for the creation of regulations which may require
additional nutritional information to be posted; for example, fat
or sodium content.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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