COVID-19 Liquor Industry Update: August 5, 2021
Dear ABLE BC Members and Industry Colleagues,
Here’s what you’ll find inside today’s update:
Message from ABLE BC’s Executive Director Jeff Guignard
COVID-19 Restrictions for Central Okanagan
Extension of Canada Emergency Wage Subsidy and Canada Emergency Rent Subsidy
NEW Workforce Lifeline for Hardest-Hit Tourism Sector
City of Vancouver Survey: Liquor Manufacturer Private Patios
Participate in this go2HR survey and enter into a draw for prizes valued at $1,500
Communicable Disease Prevention Plans: go2HR Resources and Complimentary Review Process
Federal Funding Programs
Hiring in the Fall? Student Work Placement Program
Jump start your team’s skills and support a safer reopening
New Associate Member Order For Me: Beverage Ordering Made Easy
Requesting proof of vaccination from customers
Can employers require that employees take the COVID-19 vaccine?
Find all past COVID-19 updates here.
Message from ABLE BC’s Executive Director Jeff Guignard
By any measure, it’s been an arduous 18 months. I hope you’ve managed to take some well-deserved time with friends and family to enjoy BC’s beautiful summer weather.
But despite these positive signs, we have a long and challenging road ahead. You’ve likely seen me on TV news this week talking about the complex challenge of dealing with unvaccinated patrons, why most of BC’s nightclubs are waiting for Stage 4 before reopening, and how the ongoing labour shortage is hurting your businesses. The labour crisis has become so serious that many of you have had to shorten hours, simplify menus, and close off some seating areas. Some owners are working seven days a week, 18 hours a day. All while COVID-19 cases are once again rising in BC.
All of which underscores how much work we have left to do. Rest assured both I and the team at ABLE BC are working hard to ensure you have the tools and support you need to get back on your feet. Things like getting priority access for any of your unvaccinated workers, extending government financial supports, logical policy reforms like licensee-to-licensee sales and extending the LRS moratorium, and stabilizing skyrocketing insurance premiums over the long term.
We’ll keep you updated in future newsletters, but in the meantime please don’t hesitate to contact me directly at jeff@ablebc.ca if you have any issues you wish to discuss. Best wishes for a safe and profitable August.
-Jeff
COVID-19 Restrictions for Central Okanagan
The following restrictions are currently in place for the Central Okanagan (Kelowna, West Kelowna, Westbank First Nation, Peachland, and Lake Country):
Effective July 28, 2021 at midnight, Interior Health placed a regional mandatory mask order for all public indoor spaces in the central Okanagan communities of Peachland, West Kelowna, Westbank First Nation, Kelowna, and Lake Country. This order applies to individuals older than 12 years age.
People from outside the central Okanagan are discouraged from non-essential travel to the area for the duration of the outbreak unless they are fully vaccinated (7 days after their second dose).
There will be continued enforcement of the Province’s Step 3 Restart Plan. When businesses in the central Okanagan experience three or more COVID-19 cases, Interior Health medical health officers will have the potion to follow up and issue a closure order.
Organize events outdoors rather than indoors, if possible.
Maintain physical distancing, hand cleaning, and stay home if you are sick.
Note: while it is not required that you keep tables six feet apart, we recommend that establishments in the central Okanagan do so for the duration of this outbreak.
Maximum capacity for indoor organized gatherings is 50 people or up to 50 percent of a venue’s total capacity.
Events scheduled during this outbreak in the central Okanagan should have a COVID-19 safety plan in place.
Please read the media release for Interior Health for more details. If you have any other questions or concerns, please contact ABLE BC: info@ablebc.ca.
Increased access to COVID-19 vaccines
Additional pop-ups and mobile clinics in downtown Kelowna and throughout the central Okanagan will make it easier to get vaccinated. The interval between first and second doses will be decreased to 28 days for people who reside in the central Okanagan.
How to get vaccinated
People can get their first or second dose by dropping in at any of Interior Health’s immunization clinics or by appointment.
For a list of all Interior Health COVID-19 immunization clinics, click here.
or a list of all Interior Health mobile COVID-19 immunization clinics – please note this page is updated regularly, click here.
People can also book an appointment if they would like. Register online by visiting the provincial website, call 1-833-838-2323, or visit a Service BC office listed here, and then book an appointment.
Extension of Canada Emergency Wage Subsidy and Canada Emergency Rent Subsidy
On July 30, 2021, the federal government announced the extension of several COVID-19 support programs, including the Canada Emergency Wage Subsidy and the Canada Emergency Rent Subsidy. Please read the federal government news release here.
Key Details:
The CEWS and CERS eligibility period has been extended until October 23, 2021
The maximum rate for the wage and rent subsidies will be set at 40 per cent in Period 20 (August 29 to September 25) instead of being reducedto 20 per cent, as previously announced in Budget 2021
A maximum rate of 20 per cent will be applied in Period 21 (September 26 to October 23)
The Canada Recovery Benefit, Canada Recovery Caregiving Benefit, and Canada Recovery Sickness Benefit are also being extended until October 23, 2021
ABLE BC and our industry partners have been calling for the extension of these critical support programs. While we welcome this announcement and are happy to see the extension and rate freeze of these supports, we know more support is needed to ensure the survival of our industry come the fall and winter.
ABLE BC will continue to push for a tailored solution and additional funding for BC’s tourism and hospitality industries.
Spread the message
The Coalition of Hardest Hit businesses has released a statement about the extension of the CEWS and CERS, calling for a targeted support program from September 2021 to May 2022 to help Canada’s tourism, travel, hospitality, arts, festivals, and events sector truly recover.
Read the statement here. Visit their website for more information on how you can take action and amplify the message.
NEW Workforce Lifeline for Hardest-Hit Tourism Sector
On August 4, Tourism HR Canada announced the launch of Propel, a federally-funded Student Work Placement program offering paid work-integrated learning opportunities in the the tourism and hospitality sector.
Students gain paid hands-on learning and mentoring in their field of study. Employers acquire much-needed early talent to help with the recovery of the industry, as well as assistance with wages.
Funded by Employment and Social Development Canada through the Student Work Placement program, Propel offers employers a wage subsidy of up to 75 per cent of qualifying student’s wages, to a maximum of $7,500. Student enrolled at a recognized post-secondary institution can apply for a paid position to fulfil the co-op or internship component of their program.
For more information and to apply, click here.
City of Vancouver Survey: Liquor Manufacturer Private Patios
The City of Vancouver is reviewing opportunities for liquor manufacturers to have patios on private property on an ongoing basis. The City received a number of responses to their June 2021 survey, which helped inform their work reviewing opportunities for ongoing patios on private property for liquor manufacturers.
Based on survey comments and detailed analysis, staff has prepared the attached document outlining the proposed direction for patios on private property. The City of Vancouver is now looking for input on this draft approach for liquor manufacturing patios.
Liquor manufacturers:
Please review the proposed regulations and frequently asked questions
Send the City of Vancouver your thoughts, comments, or questions on the proposed amendments by August 11 to brewery.patios@vancouver.ca
Your input will help shape the City’s future regulations for patios on an ongoing basis as they continue to advance this work in response to COVID-19 and beyond.
Participate in this go2HR survey and enter into a draw for prizes valued at $1,500
The tourism industry is facing significant human resource challenges, and they will only increase as we move through pandemic recovery. To address these issues, go2HR is undertaking an ambitious labour market research project – funded by the provincial and federal governments – that will assess the impact of COVID-19 on industry operations.
Tourism employers are asked to complete the survey and share with fellow employers across the industry.
Take the survey and you will be entered into a draw for prizes valued at $1,500.
Communicable Disease Prevention Plans: go2HR Resources and Complimentary Review Process
BC employers can now transition away from posting a copy of COVID-19 Safety Plan at their workplace towards a broader communicable disease prevention approach.
Much like go2HR helped businesses create their COVID-19 Safety Plans, they are now offering resources to help businesses create their communicable disease prevention plans.
go2HR has created a communicable disease prevention plan resources page where you can access templates to quickly build your business’s plan. They have also implemented a complimentary review process where they will review your new communicable disease prevention plan. This new service is designed to support employers in conducting an effective review of their communicable disease prevention plans, and to help ensure all the fundamental elements of WorkSafeBC’s guide are included.
Federal Funding Programs
A reminder of the federal funding programs still available:
To help tourism businesses and organizations adapt their operations to meet public health requirements while investing in products and services to facilitate their future growth.
With a budget of $500 million over two years (ending March 31, 2023), including $50 million specifically dedicated to Indigenous tourism initiatives, and $15 million for national initiatives, this fund will position Canada to be a destination of choice when domestic and international travel is once again safe.
Subsidy to cover a portion of eligible expenses until September 25, 2021. Also includes an additional Lockdown Support of 25% if your business was significantly affected by a public health order.
Covers part of your employee wages retroactively back to December 20, 2020 until September 25, 2021. The maximum subsidy is 75%.
Highly Affected Sectors Credit Availability Program
Aimed at sectors like tourism and hospitality, hotels, arts and entertainment, and will offer 100% government-guaranteed financing and provide low-interest loans up to $1 million for up to ten years.
Canada Recovery Hiring Program
The new Canada Recovery Hiring Program (CRHP) is designed to encourage businesses to grow as the economy recovers, whether it’s due to hiring and re-hiring staff, increasing shifts, or increasing overall pay.
Note: Your business can only claim the CEWS OR CRHP – here is a comparison between the two programs.
$400 per week for 13 two-week periods between September 27, 2020, and September 25, 2021 for self-employed workers and those in the gig economy. Applications are handled through the Canada Revenue Agency.
Hiring in the Fall? Student Work Placement Program
Looking to hire a student this Fall? If you need a little help, the Student Work Placement Program (SWPP) offers a wage subsidy of up to $7,500 towards hiring a student.
The SWPP has changed eligibility criteria, meaning your organization can probably access funding! Sign-up for an information session on Wednesday, August 4, 2021 at 1:00pm PT to learn how the program works, eligible positions, and how to apply.
Brought to you by the Talent MATCH Program, the SWPP Info Session will feature representatives from two SWPP delivery partners: Cheryl Serpanchy, the Regional Coordinator at ICTC WIL Digital, and Louie Di Palma, the Director of SME Programs at the Talent Opportunities Program. They will review student positions their programs can fund, employer and student eligibility criteria, and how to apply.
This info session is free, but you must register for it here.
Want more information on hiring students? Visit the Talent MATCH webpage for more details or contact Project Manager Debby Reis at TalentMatch@acewilbc.ca.
Jump start your team’s skills and support a safer reopening
Destination Vancouver, Good Night Out Vancouver, and go2HR are partnering up to help Vancouver’s hospitality industry get a jump start on safety.
The 6 week ‘Safer Spaces’ campaign encourages local establishments to sign-up for industry-specific training to help build staff and patron confidence. Learn tools and tips to help prioritize safety and navigate a variety of challenging situations.
Participating establishments will receive cross-promotion throughout the summer and an invitation to a safety skill sharing and social event in the Fall.
All training is free of charge. Learn more and sign-up here.
New Associate Member Order For Me: Beverage Ordering Made Easy
ABLE BC welcomes new Associate Member Order For Me: Beverage Ordering Made Easy. Cleaning your to-do list one order at a time.
Order For Me does all the liquor, beer, and wine ordering for your business. They manage other purchasing needs you may require and assist with your multiple locations. They will work with you to customize a strategy that works best for the unique needs of your business. No software, no algorithms.
They understand your needs.
As life-long food and beverage professionals and more recently, business owners and entrepreneurs, Order For Me owners Kim McBurney and Don Robinson understand the pressures of management and small to medium business ownership.
Their goal is very simple: to assist managers and business owners with their executive tasks so that they have more time for what they need or choose to do.
For more information please visit their website or contact:
Kim McBurney and Don Robinson
604-652-3664 or order@orderforme.ca
Requesting proof of vaccination from customers
Can businesses lawfully request proof of vaccination from customers and, if so, can you refuse service to those who do not confirm that they have been vaccinated?
ABLE BC Associate Member and Employment Lawyer Ryan Anderson and his firm (Mathews, Dinsdale & Clarke LLP) offer some guidance, as follows.
Can We Ask Customers To Confirm Their Vaccination Status?
The short answer is, yes, but only if the applicable human rights and privacy-related obligations are carefully considered and adhered to.
Human Rights: Businesses should carefully consider whether customers who indicate they have not been vaccinated could be provided access to the goods or services they are seeking in other ways. A refusal to consider any form of accommodation – i.e., a total denial of service – will only be justifiable if the business can establish that there is no reasonable accommodation available without imposing an undue hardship on the business.
Privacy Obligations: If a business seeks disclosure of a customer’s vaccination status, it must provide notice to the customer and explain the purpose for which the information is being collected. Merely asserting that a request for proof of vaccination is required for “health and safety purposes” may not be considered sufficient, particularly if other measures that do not require the collection of personal information could be just as effective (e.g. physical distancing, masks and other hygiene practices).
For more information on human rights and privacy obligations, please read the full article from Ryan.
Best Practices
To mitigate the risks associated with collecting customer vaccination status, businesses should consider the following best practices:
Carefully assess all available accommodation measures – that is, consider alternative ways the business might provide goods or services to unvaccinated customers in a manner that addresses the safety concern.
Conduct an objective assessment of the COVID-19 transmission risk associated with customer contact and determine whether:
there is a reasonable purpose for collecting proof of vaccination; and
whether collecting proof of vaccination is necessary to achieve this purpose and proportionate to the risk being addressed.
Prepare a clear statement for customers that:
notifies them of the purpose for which proof of their vaccination is being collected;
confirms that the customer’s vaccination status will only be used for this purpose;
emphasizes that disclosure of vaccination status is voluntary and gives them a reasonable opportunity to refuse; and
where appropriate, accommodates customers who indicate they have not been vaccinated, or have chosen not to disclose their status, by directing them to alternative processes for accessing the services or product(s) the business is offering.
Designate one or only a few employees who are trained to collect vaccination status information and will be available to answer questions from customers about the collection of their personal information.
Consider only requesting to view proof of vaccination, without recording or retaining such information.
If information is being retained, securely store it only for as long as necessary and then delete any record of it.
In sum, businesses should be cautious when considering whether to request proof of vaccination from customers. Without careful forethought and planning, the collection of vaccination status information could result in claims of discrimination under the Code or risk violating applicable privacy legislation.
For more information, please read the full article from Ryan.
If you have any questions or concerns or would like assistance in drafting a policy for your workplace, we encourage you to contact Ryan Anderson: randerson@mathewsdinsdale.com or 604-638-2042.
Can employers require that employees take the COVID-19 vaccine?
ABLE BC Associate Member and Lawyer Ryan Anderson and his firm (Mathews, Dinsdale & Clarke LLP) offer some guidance on this question:
Each industry and workplace is unique, and this could significantly affect the legality of a given company’s vaccination policy. The current legal environment is also incredibly dynamic. With respect to mandatory vaccination, the government could, on short notice, introduce guidance or legislation that considerably alter this legal analysis.
In the absence of legislation, an employer cannot force an employee to be vaccinated. However, an employer may be able to implement policies, which require vaccination if an employee wishes to remain employed.
Any workplace policy, including one that would mandate employees to receive the COVID-19 vaccination, must be reasonably necessary and connected to the workplace.
The fact that a mandatory vaccination policy may be justifiable in long-term care homes does not necessarily mean it would be justifiable in liquor service environments.
A mandatory vaccination policy is an inherently invasive step for an employer to take with respect to its employees. As such, perhaps the most significant decision for employers to consider is whether it is worthwhile to implement a mandatory vaccination policy, as it may be viewed as controversial and lead to discontent amongst employees.
There may be other less intrusive means to reach the same goals, such as encouraging employees to vaccinate as opposed to outright requiring it, educating employees on vaccination or issuing weekly reminders on vaccination.
Instead of a mandatory vaccination policy, consider instituting a voluntary policy. In some workplaces, employers may find that a voluntary policy will yield nearly identical vaccination rates, without the controversy that might accompany a mandatory policy.
If a mandatory policy is necessary, consider providing employees with a reasonable, non-disciplinary alternative to vaccination. Examples: requiring the employee to wear masks in the workplace (whereas an employee who is vaccinated is no longer required to), taking/continuing additional safety precautions and measures, or allowing non-vaccinated employees to go on an unpaid leave of absence when the risk of workplace transmission is high (i.e., during outbreaks).
For more information, including additional best practices, human rights considerations, and privacy considerations, please read the full article.
If you have any questions or concerns or would like assistance in drafting a policy for your workplace, we encourage you to contact Ryan Anderson: randerson@mathewsdinsdale.com or 604-638-2042