Health bill so broad that grocers could be sued: critics

A large group of B.C. business and industry leaders is raising concerns about a recently introduced provincial bill that would allow governments to take legal action against companies that make, promote or sell goods and services that cause or contribute to diseases and illnesses.

The legislation is so broad and vague, they say, that they worry that grocers could be sued and held liable for selling processed food, red meat and candy.

“What is it they expect us (grocers) to do?” said Gary Sands, senior vice-president, public policy and advocacy for the Canadian Federation of Independent Grocers. “Are we supposed to install some sort of scanner that monitors sodium, cholesterol or calories as people are going through? Are we supposed to say, `Oh, you're buying candies or red meat?' The list goes on.”

The B.C. government in midMarch introduced the Public Health Accountability and Cost Recovery Act, describing it as “going after wrongdoers to recover the costs of public-health harms their products cause to people.”

Premier David Eby named social media giants, tobacco companies, drug firms and “other big faceless corporations.”

The legislation proposes to give government the ability to claim public costs, such as hospital treatments and doctor appointments, as well as take preventive measures to address the risk of disease, illness or injury. It says companies, their directors and officers could be held liable.

The announcement drew quick reaction from lawyers at major firms, including McCarthy Tétrault, Fasken, Lawson Lundell, BLG, and Blake Cassels.

They warned the bill as drafted could apply to a much wider range of goods and services. The province already has specific legislation that targets tobacco and opioid medicine companies.

Two dozen business groups, including national organizations, voiced concerns about the bill and the lack of discussion about it in an open letter to Eby and Attorney General Niki Sharma.

“The intention to safeguard the physical and mental health and well-being of British Columbians is laudable and an objective we support,” they wrote. “We are writing to emphasize that the parameters of Bill 12 must be clear and appropriately delineated so as not to inadvertently expose a wider spectrum of businesses to legal risk.”

Greg Wilson, director of government relations in B.C. for the Retail Council of Canada, said most businesses aren't aware of the legislation and that industry leaders are trying to understand it themselves.

He said there is concern there will not be adequate discussion because the provincial government has a significant majority in the legislature.

Other signatories to the letter include the Greater Vancouver Board of Trade, B.C. Craft Breweries, Able B.C., the B.C. Hotel Association, the Canadian Craft Distillers Alliance, B.C. Craft Distillers Guild, Rural Liquor Store Advisory Society, the Canadian Federation of Independent Grocers, Business Council of B.C., Canadian Beverage Association, the B.C. Restaurant and Foodservices Association, Restaurants Canada, Council of Forest Industries, B.C. Chamber of Commerce, and the Canadian Manufacturers and Exporters.

“Let's look at bakeries and preparing food in kitchens. You obviously can't forgo food safety, but this potentially takes it further,” said Ian Tostenson, president and CEO of the B.C. Restaurant and Foodservices Association.

“We're not calling out the government, but we just need to sit down and clarify things. We don't want to scare away business from B.C.”

Postmedia reached out to the attorney general's office, but did not receive a reply by deadline.