Ontario Legislates Posting Calories on Menus

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 menu;
• any food item on display on an identifying tag or label; and
• any standardized combination of food or drink items directly on the menu.
• 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

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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 tobacco.

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.