Accessibility in Restaurants
Restaurants in Nova Scotia and Wheelchair Accessibility
Information Guide
(Effective October 31st, 2020)
Background – Access includes everyone!
We have a goal to become an accessible province by 2030 and we will achieve this goal by working together to prevent and remove barriers.
A 2018 Nova Scotia Human Rights Commission Board of Inquiry decision led to the requirement for restaurants to be fully wheelchair accessible (this means that a person using a wheelchair can enter the restaurant and make their way to wheelchair accessible seating and a wheelchair accessible washroom).
- 30% of Nova Scotians live with a disability, representing close to 230 000 individuals. Nova Scotia has the highest rate of disability in the country.
- Close to 30 000 of reported disabilities in Nova Scotia are related to mobility-related conditions and the most common barriers experienced by those with a disability are related to the built environment.
- 41% of older adults (65+) have at least one disability. As the population ages these numbers will increase, and people with disabilities are likely to experience an increase in the severity of their disability.
The Nova Scotia Accessibility Act, passed in April 2017, outlines the steps we will take as a province to make sure every Nova Scotian can fully participate in our society.
Foodservice Facilities in Nova Scotia
There are several types of foodservice facilities in Nova Scotia, including mobile food trucks, pushcarts, and restaurants, and they all require a Food Establishment Permit from the Nova Scotia Department of Environment and Climate Change to operate. The 2018 Nova Scotia Human Rights Commission Board of Inquiry decision applies to restaurants.
Restaurants are foodservice facilities that operate for all or part of the year in a fixed location and provide food services to patrons who:
order and are served while seated and pay after eating, or
pay before eating on the premises after ordering or selecting items at
a counter,
a food bar (i.e., buffet style serving), or
a cafeteria line.
Accessibility Requirements for New Restaurants (effective October 31st, 2020)
There are several important steps that are required to be followed to open a new restaurant, including applying for various licenses and permits. One of those permits is a Food Establishment Permit, and to obtain a Food Establishment Permit the restaurant must be fully wheelchair accessible. More details available here:
It is important and helpful that licensing agencies (like the Department of Environment and Climate Change) are contacted and involved as early as possible in the process of opening a new restaurant.
Need help starting up? Business Navigators can help with registration, permits, licenses, funding, and taxation. Contact a Business Navigator at 1-844-628-7347 or email busnavigation@novascotia.ca.
The Restaurant Association of Nova Scotia also provides guidelines around opening a new restaurant.
Effective October 31st, 2020, all new restaurants in Nova Scotia must be fully wheelchair accessible to be eligible for a Food Establishment Permit. This means that a person using a wheelchair can enter the restaurant and make their way to wheelchair accessible seating and a wheelchair accessible washroom. This applies to new construction or a renovated portion of an existing building where the new use will be a restaurant (see the Change of Use section below for additional details).
The Nova Scotia Building Code Regulations and the National Building Code detail the barrier-free design requirements.
Building Code Exemptions are not permitted for new restaurants
Exemptions in the Nova Scotia Building Code Regulations, including exemptions for heritage buildings, are not permitted for new restaurants because the Food Safety Regulations list accessible entryways, pathways and washrooms as one of the eligibility requirements for obtaining a Food Establishment Permit. This means some locations, and some sections within a building might be unsuitable for new restaurants without renovations, such as:
a location that has steps to enter the building and no ramp or other barrier-free access into the building, or
a space on a 2nd storey or in a basement that does not have a lift or elevator to access to those floors.
Applying for a Food Establishment Permit
New Restaurants
When applying for a Food Establishment Permit, an official letter from a licensed professional member of the Nova Scotia Association of Architects or on official letter from a Professional Engineer registered with Engineers Nova Scotia stating that the restaurant is accessible in accordance with the Nova Scotia Building Code Regulations and the National Building Code of Canada must be submitted to the Department of Environment & Climate Change.
Change of Use (Non-Restaurant to Restaurant)
To open a new restaurant in a space that was previously used for another purpose, an official letter from a licensed professional member of the Nova Scotia Association of Architects or on official letter from a Professional Engineer registered with Engineers Nova Scotia stating that the restaurant is accessible in accordance with the Nova Scotia Building Code Regulations and the National Building Code of Canada must be submitted to the Department of Environment & Climate Change.
Previous Restaurants
To open a new restaurant in a space that was previously a restaurant but was closed for 12 months or more, an official letter from a licensed professional member of the Nova Scotia Association of Architects or on official letter from a Professional Engineer registered with Engineers Nova Scotia stating that the restaurant is accessible in accordance with the Nova Scotia Building Code Regulations and the National Building Code of Canada must be submitted to the Department of Environment & Climate Change.
Requirements for Existing Restaurants
Work is underway to develop the approach for existing restaurants to become accessible for wheelchair users. In the meantime, if a current restaurant undertakes work to which the Building Code applies (alteration, reconstruction, demolition, and change of occupancy classification) it will be required to become accessible in accordance with the Nova Scotia Building Code Regulations and the National Building Code of Canada.
Funding for accessibility improvements
Existing restaurant owners seeking to make accessibility improvements can apply to the Business ACCESS-Ability Grant Program.
Important Links
Restaurant Association of Nova Scotia
https://www.rans.ca/Nova Scotia Building Code Regulations
https://novascotia.ca/just/regulations/regs/bcregs.htmNational Building Code of Canada
Food Safety Regulations
https://novascotia.ca/just/regulations/regs/hpafood.htmNova Scotia Association of Architects: Members
Engineers Nova Scotia: Members
https://www.engineersnovascotia.ca/member-directory/Business ACCESS-Ability Grant Program
https://cch.novascotia.ca/business-access-ability-grant-program
For more information on obtaining a Food Establishment Permit, please contact your local Nova Scotia Department of Environment and Climate Change Office.
Business Navigators can also help with registration, permits, licenses, funding, and taxation.
Contact a Business Navigator at 1-844-628-7347 or email busnavigation@novascotia.ca.
