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Food safety and the law


Every jurisdiction in Canada has regulations that govern the safe production and sale of foods in food premises. These regulations describe how food premises must be constructed; how they are operated; what kind of food safety training is required for operators and staff; what types of equipment, utensils and surfaces must be used; sanitation procedures; and other factors that impact the safety of food served to the public.

Each province and territory in Canada has its own regulations with respect to food safety in the food service industry. It is the role of the responsible health authority to protect public safety by ensuring that food service establishments meet the food safety requirements. Regulations represent the minimum standard to be maintained.

Public Health Inspectors and Environmental Health Officers serve as consultants and educators for food safety as well as conducting inspections and enforcing regulations. The purpose of inspections is to make sure that food is being handled properly from receiving through preparation to serving, and that all regulatory requirements are being met.

Canadian government agency responsibilities

In Canada, there are several different government agencies that are responsible for food safety. While there are some variations between the provinces and territories, the following table outlines which government agencies are responsible for food safety in different parts of the food industry.

While not referenced here, agricultural ministries or departments may oversee other activities not listed below, such as on-farm activities and slaughter of food animals.

Agency Responsibility
Local health authorities
(municipal, city, regional)
Provincial and territorial
  • Food sold in retail stores
  • Food served in food service establishments
  • Food served in institutions such as hospitals, care homes or day cares
  • Food processing facilities that do not ship their products across provincial boundaries or export out of the country
Health Canada Food served on public conveyances such as ships, airplanes and trains
Canadian Food Inspection Agency (CFIA)
  • Imported foods
  • Food processing facilities that ship their products across provincial boundaries or export out of the country
  • Food label requirements

Provincial and territorial agencies and legislation relating to food premises and establishments

Responsible for Legislation Ministry of Health
Responsible for Inspections Health Authorities and First Nations Health Authority
Responsible for Inspections
(dairy only)
BCCDC
Regulation Premises Regulation
Enabling Statute (Act) Health Act
Additional policy and guidance documents available from: Ministry of Health
BC Centre for Disease Control
Regional Health Authorities
Ministry of Agriculture and Food

Responsible for Legislation Ministry of Health
Responsible for Inspections Alberta Health Services
Regulation Food Regulation
Enabling Statute (Act) Public Health Act
Additional policy and guidance documents available from: Alberta Food Retail and Food Services Code

Responsible for Legislation Ministry of Health
Responsible for Inspections Saskatchewan Health Services
Indigenous Services Canada
Tribal Councils
Regulation The Food Safety Regulations
Enabling Statute (Act) Public Health Act, 1994
Additional policy and guidance documents available from: Food Facility Standards

Responsible for Legislation Manitoba Health
Responsible for Inspections Manitoba Health
Indigenous Services Canada
Regulation Food and Food Handling Establishment Regulation
Enabling Statute (Act) Public Health Act
Additional policy and guidance documents available from: Additional Guidance Documents

Responsible for Legislation Ministry of Health
Responsible for Inspections Local health authorities and municipalities
Regulation Food Premises Regulation
Enabling Statute (Act) Health Protection and Promotion Act

Responsible for Legislation Ministère de l'Agriculture, des Pêcheries et de l'Alimentation
Responsible for Inspections Ministère de l'Agriculture, des Pêcheries et de l'Alimentation
Regulation Règlement sur les aliments
Enabling Statute (Act) Loi sur les produits alimentaires

Responsible for Legislation Department of Health
Responsible for Inspections Department of Health
Regulation New Brunswick Regulation 2009-138
Enabling Statute (Act) Public Health Act

Responsible for Legislation Department of Environment and Climate Change
Responsible for Inspections Department of Environment and Climate Change
Regulation Food Safety Regulations
Enabling Statute (Act) Health Protection Act
Additional policy and guidance documents available from: Nova Scotia Food Code

Responsible for Legislation Department of Health and Wellness
Responsible for Inspections Department of Health and Wellness
Regulation Food Premises Regulation
Enabling Statute (Act) Public Health Act
Additional policy and guidance documents available from: Additional guidance documents available from PEI Department of Health and Wellness.

Responsible for Legislation Department of Health and Community Services
Responsible for Inspections Department of Health and Community Services
Regulation Food Premises Regulation
Enabling Statute (Act) Food Premises Act
Additional policy and guidance documents available from: Additional guidance documents available from Department of Digital Government and Service NL

Responsible for Legislation Department of Health
Responsible for Inspections Department of Health
Regulation
Enabling Statute (Act) Public Health Act

Responsible for Legislation Department of Health and Social Services
Responsible for Inspections
Regulation Food Establishment Safety Regulations
Enabling Statute (Act) Public Health Act
Additional policy and guidance documents available from: https://www.hss.gov.nt.ca/en/services/apply-food-establishment-permit/food-safety

Responsible for Legislation Department of Health and Social Services
Responsible for Inspections Department of Health and Social Services
Regulation
Enabling Statute (Act) Public Health Act
Additional policy and guidance documents available from: Food Retail and Food Services Code