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MGMT 212 Business Law

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MGMT 212 Business Law

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Course Code: MGMT212
University: Texas A And M University

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Country: United States

Question:

The extra course assignment requires finding 5 laws, or areas/types of law, that will be relevant to your future career, once you’ve finished your COTR studies.
To start, tell me what type of work you hope to do, including where – in what country. Then, for each the 5 laws briefly describe:
1) the source of the law (for example, common law, Act, municipal, provincial, federal ?); and
2) the meaning of the law. How is relevant to the type of work you will do?

Answer:
Introduction:

I want to start my business rather than working for another corporation. I want to open a new restaurant in Cranbrook (B.C.), Canada. In order to successfully run of my restaurant, I have to comply with laws which govern the restaurant businesses in Canada. Following are different sources of the law which apply to my restaurant business.

Food and Drug Act

This is a federal law in Canada which focuses on protecting food, cosmetics, therapeutics and drugs which is implemented by the Parliament of Canada for governing production, export, import, transport and sale of food, drugs, cosmetics and other products (British Columbia, n.d.).

Canadian Food Inspection Agency Act

The Canadian Food Inspection Agency (CFIA) is a regulatory agency which is implemented by the Ministry of Health to establish different policies and standards to ensure that the safety and nutrition quality of food which is sold in Canada is high (Powell et al., 2013).

Employee Standard Act of British Columbia

This is relevant legislation which is enacted the local government of British Columbia in order to protect the rights of working people (WorkBC, 2018).

Canadian Human Rights Act (CHRA)

This act prohibits any discrimination conducted by employers based on gender, age, race, ethnicity or a number of other grounds. The act comes into force in 1985, and since then many amendments have been made to the act to update it accordingly (Barnett, Walker & Nicol, 2012).

Pest Control Products Act

This is a key act which is implemented by the government for human health and safety by controlling the pests (Mason, Kabaluk, Spencer, & Gillespie, 2013).
The above-mentioned sources of law are relevant for restaurant businesses operating in British Columbia to ensure that they maintained a standard for customer safety and did not breach employee rights. Following is the meaning of the law and why they are relevant to my business.
Food and Drug Act: The restaurants which are operating in Cranbrook (B.C.), Canada have to comply with these regulations to avoid legal penalties. Section 3 (1) of this act prohibits advertising of any food, drug and cosmetic which is used by general public for treatment, prevention or cure of any disease, abnormal physical state or disorder. In the case of restaurants and other businesses, they are prohibited from selling any food under section 4 (1) which is poisonous, harmful, unfit for human consumption, adulterated or manufactured, prepared, packaged or stored in unsanitary conditions (Laws, n.d.).
Canadian Food Inspection Agency Act: The CFIA inspect services in three separate federal government departments which include Health Canada, Fisheries and Oceans Canada and Agriculture and Agri-Food Canada. Moreover, this agency is established in order to consolidate the delivery of all federal food safety, plant health and animal health regulatory programs. This act defines the power of the agency under section 14 (1) in which it has given the power to form contracts and agreements with other departments or agencies of the government of Canada or any other person or organisation in the name of Her Majesty or its own name (Powell et al., 2013). This agency conducts inspection in restaurants operating in the country to ensure that they comply with the standards issued by this act to ensure the safety of the food and health of their customers.
Employee Standard Act of British Columbia: This act governs the operations of restaurant businesses as well, and they provide provisions to things such as meal break, parental leave, minimum wage and others (WorkBC, 2018). This act also protects employees from discrimination in the workplace. As a restaurant owner, I have to evaluate the relevant provisions of this act which apply on my business to ensure that I did not violate any employee rights in order to avoid legal consequences. This is a relevant law in my industry because effective compliance with employee standards leads to positive relationship with them which are crucial for building strong relationships with customers because employees are the ones who represent the restaurant, and they interact with customers.
Canadian Human Rights Act: Restaurants operating in the country have to comply with these standards while dealing with their employees and customers. The restaurant owners cannot discriminate between their employees or treat them differently because it is their basic right (Barnett, Walker & Nicol, 2012).
Pest Control Products Act: The restaurants operating in the country have to ensure that they regularly control pests to ensure that their food is healthy for consumption by their customers. Section 6 (1) of the act prohibits businesses from using any unregistered pest control products to ensure the safety of individuals (Mason, Kabaluk, Spencer, & Gillespie, 2013). Compliance with this legislation is relevant because the restaurant could face negative publicity if any pest is found which reduces the number of customers.
References
Barnett, L., Walker, J., & Nicol, J. (2012). An examination of the duty to accommodate in the Canadian human rights context. Ontario: Library of Parliament.
British Columbia. (n.d.). Food Safety Legislation. Retrieved from https://www2.gov.bc.ca/gov/content/health/keeping-bc-healthy-safe/food-safety/food-safety-legislation
Laws. (n.d.). Food and Drugs Act (R.S.C., 1985, c. F-27). Retrieved from https://laws-lois.justice.gc.ca/eng/acts/f-27/
Mason, P. G., Kabaluk, J. T., Spencer, B., & Gillespie, D. R. (2013). Regulation of biological control in Canada. Biological Control Programmes in Canada 2001–2012, 1-5.
Powell, D. A., Erdozain, S., Dodd, C., Costa, R., Morley, K., & Chapman, B. J. (2013). Audits and inspections are never enough: A critique to enhance food safety. Food Control, 30(2), 686-691.
WorkBC. (2018). Workplace Rights. Retrieved from https://www.workbc.ca/Employer-Resources/Your-Workforce/Workplace-Rights.aspx

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