Supporting Local Restaurants Act, 2020, S.O. 2020, c. 31 - Bill 236

• Jurisdiction: Ontario
• Date: 02 December 2020
• Bill Number: 236

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 236 and does not form part of the law. Bill 236 has been enacted as Chapter 31 of the Statutes of Ontario, 2020.

The Supporting Local Restaurants Act, 2020 is enacted. The Act prohibits food delivery services providers, who are identified in the regulations, from charging restaurants more than the prescribed amount for food and beverage delivery services or related services. The prohibition applies in respect of restaurants that are not chain restaurants, that have indoor dining, and that are prohibited from permitting indoor dining by an order or direction under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 or the Health Protection and Promotion Act.

Food delivery services provider are prohibited from reducing compensation or any other prescribed payment that it provides to an employee or contractor who performs delivery services in order to comply with the Act.

The Act provides for complaints to be made to the Ministry regarding contraventions of the Act and for investigations to be conducted in respect of contraventions of the Act. The Act sets out offences and the penalties for offences. Related regulation making powers are enacted.

chapter 31

An Act in respect of food and beverage delivery fees

Assented to December 2, 2020

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I
Interpretation and Application

Definitions

1 In this Act,

“Associate Minister” means the Associate Minister of Small Business and Red Tape Reduction, or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre associé”)

“beverage” includes an alcoholic beverage; (“boisson”)

“chain restaurant” means a restaurant that is part of a set of related restaurants consisting of 10 or more food service premises in Canada that operate under the same or substantially the same name, regardless of ownership, and that offer the same or substantially the same food items; (“restaurant faisant partie d’une chaîne”)

“Deputy Minister” means the deputy minister of the Ministry; (“sous-ministre”)

“Director” means the person appointed as the Director under subsection 4 (1); (“directeur”)

“food delivery services provider” means a person identified in the regulations; (“fournisseur de services de livraison de nourriture”)

“investigator” means an investigator appointed under subsection 6 (1); (“enquêteur”)

“Ministry” means the ministry of the Associate Minister; (“ministère”)

“officer” includes,

(a) with respect to a corporation, the chair and any vice-chair of the board of directors, the president and any vice-president, the secretary and assistant secretary, the treasurer and assistant treasurer and the general manager and assistant general manager of the corporation,

(b) with respect to a partnership, a partner or general manager and assistant general manager of the partnership, and

(c) with respect to a corporation or partnership, any other individual designated as an officer by by-law or resolution or any other individual who performs functions normally performed by an individual occupying such office; (“dirigeant”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act; (“règlements”)

“restaurant” means an establishment that is engaged in providing food or beverage services to patrons who order and are served while seated and pay after consuming, or who order or select food or beverage items prepared for immediate consumption at a counter, food bar or cafeteria line, or order by telephone or online, and pay before consuming, but does not include an establishment that is a grocery store. (“restaurant”)

PART II
Delivery charges

Maximum amount for delivery services

2 (1) A food delivery services provider shall not charge a restaurant described in subsection (2) more than the prescribed amount for food and beverage delivery services or related services it provides to the restaurant.

Restaurants to which the maximum applies

(2) Subsection (1) applies in respect of a restaurant if,

(a) it is not a chain restaurant;

(b) it has an indoor dining area; and

(c) it is prohibited from permitting indoor dining by,

(i) an order under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, or

(ii) a direction issued by the Chief Medical Officer of Health or an order under section 22 of the Health Protection and Promotion Act made by a medical officer of health.

No reduction in compensation

3 No food delivery services provider shall reduce the compensation or any other prescribed payment that it provides to an employee or contractor who performs delivery services in order to comply with this Act.

PART III
Director and Deputy Directors

Director and Deputy Directors

4 (1) The Deputy Minister shall appoint a Director for the purposes of this Act and may appoint Deputy...