Healthy Menu Choices Act, 2015

1. (1) In this Act, “chain of food service premises” means 20 or more food service premises in Ontario that operate under the same or substantially the same name, regardless of ownership, and that offer the same or substantially the same standard food items; (“chaîne de lieux de restauration”) “food service premise” means any food premise within the meaning of the Health Protection and Promotion Act where meals or meal portions are prepared for immediate consumption or sold or served in a form that will permit immediate consumption on the premises or elsewhere; (“lieu de restauration”) “Minister” means the Minister of Health and Long-Term Care or, if another member of the Executive Council is responsible for the administration of this Act, that Minister; (“ministre”) “record” means any collection of information, however recorded, whether in printed form, on film, by electronic means or o…

2. (1) Every person who owns or operates a regulated food service premise shall ensure that there is displayed, in accordance with the requirements of this section, the following information: 1. The number of calories of every standard food item that is sold or offered for sale at the regulated food service premise. 2. Any other information required by the regulations. 2016, c. 5, Sched. 11, s. 1. Where displayed, in regulated food service premise (2) The information required to be displayed under subsection (1) with respect to a standard food item shall be displayed, (a) on each menu on which the standard food item is listed or depicted at the regulated food service premise; and (b) where the standard food item is put on display at the regulated food service premise, on a label or tag identifying the standard food item. Where displayed, otherwise (3) In addition to the display required …

3. (1) The Minister may appoint inspectors for the purposes of this Act. Inspection (2) For the purpose of determining whether this Act is being complied with, an inspector may, without a warrant, enter and inspect, (a) a regulated food service premise; or (b) any business premises of a company that owns, operates, franchises or licenses one or more regulated food service premises. Time of entry (3) The power under this section to enter and inspect without a warrant may be exercised only during the regular business hours of the regulated food service premise or business premises. Dwellings (4) The power to enter and inspect a regulated food service premise or business premises without a warrant shall not be exercised to enter and inspect a place or a part of a place that is used as a dwelling. Use of force (5) An inspector is not entitled to use force to enter and inspect a regulated foo…

4. (1) Every person who contravenes any provision of this Act or the regulations is guilty of an offence and is liable, (a) in the case of an individual, (i) for a first offence, to a fine of not more than $500 for every day or part of a day on which the offence occurs or continues, and (ii) for a second or subsequent offence, to a fine of not more than $1,000 for every day or part of a day on which the offence occurs or continues; and (b) in the case of a corporation, (i) for a first offence, to a fine of not more than $5,000 for every day or part of a day on which the offence occurs or continues, and (ii) for a second or subsequent offence, to a fine of not more than $10,000 for every day or part of a day on which the offence occurs or continues. Duty of directors and officers (2) A director or officer of a corporation that owns or operates a regulated food service premise shall take a…

5. A municipal by-law is inoperative to the extent it addresses caloric or nutritional information required to be displayed by food service premises. Regulations

6. The Lieutenant Governor in Council may make regulations, (a) providing for anything that this Act describes as being provided for, required or specified in the regulations; (b) exempting food and drink items from the definition of “standard food item” and making such exemptions subject to compliance with the requirements, if any, provided for in the regulations; (c) further specifying or clarifying the meaning of “a person who owns or operates a regulated food service premise” for the purposes of this Act; (d) governing the information and signs that are required for the purposes of section 2; (e) exempting persons who own or operate regulated food service premises or classes of persons from any or all of the requirements of section 2, and making such exemptions subject to compliance with the requirements, if any, provided for in the regulations; (f) defining, for the purposes of this…

7. Omitted (provides for coming into force of provisions of this Act).

8. Omitted (enacts short title of this Act). ______________