New rules bring relief, confusion from bars, eateries

Calgary restaurant and bar owners say they're relieved they won't be forced to shut indoor service again under new provincial COVID-19 restrictions.

But the rules remain murky, some business owners said the morning after the province announced the businesses will need to implement a restriction exemption program (REP), or vaccine passport, and enforce it with customers to remain fully open and without any operating restrictions.

Those that don't participate will be limited to outdoor service.

“Everyone's trying to untangle it, it's so confusing,” said Ernie Tsu, president of the Alberta Hospitality Association and owner of Trolley 5 Brewpub.

“The province makes the decision before the (REP) documents are even released.”

The measure goes into effect Monday, though Albertans hoping to secure proof of vaccination documents have been hitting an online logjam. Customers without that vaccination confirmation will be required to purchase a COVID -19 test and provide a negative result within the previous 72 hours.

Tsu also said questions remain about the status of entertainers, though staff have been exempted from mandatory vaccination for now.

And he said there's disagreement in the industry over its members being forced to enforce checks to ensure customers are fully vaccinated.

“There are differing opinions on this, some think it's up to the government who have all the (infectious disease) data and science on this to mandate this,” he said.

“There's a gun to their heads, that if they don't do it, they're not open.”

While there's widespread relief the measure should stave off indoor shutdowns while also eliminating early curfews and other public health restrictions, Tsu said that with a minimum of government foresight, all of the confusion could have been avoided.

He said he pushed Premier Jason Kenney for a fourth wave contingency plan during a June roundtable, just before the UCP government lifted restrictions July 1 in its “Open for Summer” initiative.

“The premier cut me off and said `we're open for good, we're focused on vaccinations,' so there was no plan B,” said Tsu.

Echoing those concerns was Mike Clark, who owns nightclub Mikey's on 12th.

“I'm glad they're not shutting everything down — this had to be coming — but they're putting the onus on us, which is kind of ridiculous,” he said.

“They're not taking any leadership, which is what we've come to expect from this government.”

With the delay in public access to vaccination cards, his business will likely be relying on an honour system when enforcing the REP, at least initially, said Clark, adding he could get pushback from some customers.

“We had some of that over masking but I think it'll die out — it's going to become second nature,” he said.

“I'm putting it out there to them ... we'll try the best we can to stay open and keep people employed,” said Clark.

For retailers, the new restrictions also demand they commit to policing the REP, otherwise, their customer capacity will be limited to one-third of their fire code allowance.

Mayor Naheed Nenshi said that'll mean an uneven playing field because big-box retailers won't be nearly as motivated to enforce it.

“You'd be surprised how busy Superstore or a Walmart can be before they hit one-third, so there's actually very little incentive for those businesses to put it in place,” he said.

And the mayor was scathing in his assessment of what he called the province's abrupt downloading of the enforcement responsibility onto small businesses.

“It's cruel for those entrepreneurs who have been through so much,” he said, adding the government is catering to an anti-vaccine minority.

“Why not make it easy by saying, `you've got to be vaccinated to go into a restaurant?' “

The manager of one 17th Avenue S.W. retailer said she couldn't comment, adding their chain of clothing stores is still weighing whether they'll enforce proof of vaccinations or opt for one-third occupancy.

While the REP should bring some confidence and stability among businesses and customers, more clarity on its execution is needed, said the president of the Calgary Chamber of Commerce.

“Most immediately, businesses need clarity on key elements of the Restriction Exemption Program,” Deborah Yedlin said in a statement.

“It will also be critical to accelerate the implementation of a QR code system and create simple processes along with continued support for businesses as they move forward with the program.”

Enforcing the REP presents logistical and cost challenges for small businesses, which should come with provincial government financial support, said Annie Dormuth of the Canadian Federation of Independent Business.

Its members also want to know how they'd deal with liability issues in cases of customer fraud, and how operators are supposed to deal with disgruntled patrons, she said.

“Let's not forget businesses that will check vaccine credentials are also among the hardest hit by 18 months of closures and restrictions, such as restaurants, fitness facilities and event venues,” said Dormuth.

Many are still not back to full capacity, they are carrying massive levels of debt, facing historic labour shortages, and navigating the health and safety of their employees and customers.”