Ontario, Canada Regulations - Home Bakery

Business By watermelon Updated 4 Nov 2015 , 4:31pm by khgracie

watermelon Posted 20 Feb 2009 , 10:43pm
post #31 of 89

Hi Pastryjen,

Isn't that funny that we live in the same town! icon_smile.gif
Thanks for letting me know!

watermelon

kaat Posted 21 Feb 2009 , 1:48pm
post #32 of 89

I'm in Markham (York Region) Our house is zoned commercial, so technically I could run a business, but apparently not if it involves food. I think. It's so confusing! There must be a way because just down the street the bakery does their baking in their home kitchen (above the shop) So there must be ways to get licensed. I guess it just depends on how badly you want it.

nolee Posted 12 Mar 2009 , 12:49pm
post #33 of 89

I live in Barrie and I've been baking and selling cakes out of my home for 2 years now. I've been trying to look into business licences and permits but have had little luck finding any info as to the "food safety" requirements. I know of a couple other home bakeries in Barrie who are licenced and operate out of a separate, segregated kitchen in their home. I stick to advertising on FB and Kijiji and it has generated significant business for me. I would desperately like to start going to wedding shows in the area to generate further business but doing so without a licence would open up a whole new can of worms and I'm not sure I want to try going that route without being legit.

I know that I have been to wedding shows and met home bakers from Newmarket but never inquired as to their licencing status. I'm tempted to go visit the food inspection agency in Barrie but I worry that doing so may draw attention to my "business" being operated without a permit. Does anyone run a home bakery in Barrie? Could you tell me regulations, if so?

Thanks!

CookiezNCupcakez Posted 8 Apr 2009 , 3:04am
post #34 of 89

Bump!!!!!!!!!!!!!!!!

muddpuppy Posted 8 Apr 2009 , 1:41pm
post #35 of 89

I just became a licesnced business so here's what I know, there are kind of a few parts to it... I rent a space, but got all the info reguarding home biz too...

If I were to be baking out of my own home.. I'd need these things:
master biz lic A.K.A biz name registration,
food handler cert,
Vendor permit A.K.A PST A.K.A RST #,
biz registration A.K.A GST#,
(GST and PST to become harmonized, not sure how that will affect me yet)
Permitted Use Letter - from city zoning - (I got this before I knew I didn't need it!! A waste of $75 dollars and 10 day waiting period.. lol.. grrrrr....)
Health inspection and Dinesafe pass
Professional Biz Lic from City lic. bureau
Fire Safety inspection
A sign permit if that person wants to display a sign
and the kitchen (a totally separate kitchen from your everyday use one) must meet the minimum requirements set by the city - as in the special exhaust hood that I believe has to be professionally tested and checked twice a year, triple sink, safe storage, etc...
Insurance

I hope that helps... If you have more questions feel free to ask.. I might know the answer.. lol.. I might not!!

Good luck everyone!!
Oh!! P.S... this is for the city of toronto.. icon_smile.gif

kaat Posted 8 Apr 2009 , 2:52pm
post #36 of 89

THANKS!!!

kello Posted 23 Jan 2011 , 3:14pm
post #37 of 89

Thought I would start up an old thread.....
How has everyone been doing in their quest for answers? Thank you muddpuppy for the great info.

I am just outside of Ottawa near Perth. (Beckwith township) and I called the Health Dept. I was told that as long as I wasn't busy, I could sell out of my home. (I told her I was doing 1-3 cakes a month). The HD couldn't inspect a private home. But, when I got busy, I had to have my own separate kitchen and supplies, etc. etc.....and meet building codes and such. She didn't exactly say what 'busy' meant.

Also, what about claiming your money that you make and taxes? If I am just selling cakes by word of mouth, is all of this "under the table"? Should I/we be claiming this as income without a proper license? Just curious!

thumbs Posted 23 Jan 2011 , 4:05pm
post #38 of 89

I am in the Barrie area and have also received mixed messages.

I can't seem to locate the site now but I am wishing I had printed the screen. In my original search for info I found a Government webpage that listed a bunch of different home based businesses for Canadians to start up one of which was Cake Decorating.

I ended up calling the Health Inspectors to get more info on what I needed. My first conversation, I was told at first I couldn't do it but I as questioned more he said I could as long as I didn't advertise myself as being licensed and he suggested I get some insurance to cover myself.

It was about a month later when I went to get a business license and wondered if that is what he meant by advertising myself as licensed so I called back. This time I spoke to a different person who said, I could operate as a home business as long as I wasn't operating as retail business. I clearly stated I would be selling the cakes not just giving them away. He said I just couldn't have customers coming into my home to buy pieces of cake, etc or I would need a separate washroom, hand washing station etc. I explained that because of living in the country most of my cakes would be delivered therefore customers wouldn't be coming to my location. I do have the odd person pick something up but they come to the door, I get the cake and take it to the car for them. So they aren't really coming in.

I also questioned advertising as I said I wanted to be able advertise and have a website, etc. His exact works where, "Do want you would like"

But I have talked to other people that received different info so I really don't know. I don't want to get into trouble but I want to go with what he told me. The problem is everything was verbal so I have nothing in writing if they do all the sudden come after me.

I plan on submitting info for income taxes so we will see and hope that doesn't alarm any bells icon_smile.gif

lorrieg Posted 23 Jan 2011 , 5:36pm
post #39 of 89

I think they mean advertised as a licensed kitchen. Like a restaurant. I've called myself and understood no retail bakery in my home. Which I don't have. I declare my income so I'm good with the revenue boys. I don't have to charge HST because I don't sell more than $30K. If you hear differently I would love to know.

kello Posted 23 Jan 2011 , 6:32pm
post #40 of 89

I have a question about declaring income.....if you don't have a registered business, how do you declare where the income comes from? Are you considered self employed? I knew about the under 30k no HST, but I'm clueless on the other stuff. How do I go about declaring it?

Goonergirl Posted 23 Jan 2011 , 7:13pm
post #41 of 89

While we are on the subject of tax. I was under the impression that there is always no tax on a whole cake. If you go to a grocery store, there's no tax on whole cakes, but if you buy a slice of cake, then there is. There's no tax on food. I'm pretty sure I got this info from a government document online. Thoughts?

lorrieg Posted 23 Jan 2011 , 7:17pm
post #42 of 89

Yes, I declare it on my personal income tax. There is a spot for it and a place for deductions. I have our accountant do our personal taxes since we own an incorporated company for our other business. I can't see incorporating for the amount I'm doing right now. An accountant could better advise you.

Where in Ottawa are you? Do I know you? icon_smile.gif

kello Posted 23 Jan 2011 , 7:21pm
post #43 of 89

Ha, maybe! icon_smile.gifI'm Just out past Carleton Place, near Franktown (on the way to Smiths Falls). I used to be in Ottawa on Fisher Ave.

lorrieg Posted 23 Jan 2011 , 7:27pm
post #44 of 89

Goonergirl, a slice of cake is a luxury like a single muffin, a whole cake or 6(?) muffins are food. I think rentals of plateaus are taxable but I'm not sure. I don't do that. Here is one link that might be helpful. I had another one but the page has been moved and I can't find it.
http://winnipeg.ctv.ca/servlet/an/local/CTVNews/20100628/bc_wacky_hst_100628?hub=OttawaHome

lorrieg Posted 23 Jan 2011 , 7:28pm
post #45 of 89

kello, I'm in Carleton Place.

Goonergirl Posted 23 Jan 2011 , 7:32pm
post #46 of 89
Quote:
Originally Posted by lorrieg

Goonergirl, a slice of cake is a luxury like a single muffin, a whole cake or 6(?) muffins are food. I think rentals of plateaus are taxable but I'm not sure. I don't do that. Here is one link that might be helpful. I had another one but the page has been moved and I can't find it.
http://winnipeg.ctv.ca/servlet/an/local/CTVNews/20100628/bc_wacky_hst_100628?hub=OttawaHome




That's a great link. It's exactly what I thought. No tax on whole cakes whether or not you're selling more than 30K.

kello Posted 23 Jan 2011 , 7:32pm
post #47 of 89

Well helllooooooooo neighbour!

lorrieg Posted 23 Jan 2011 , 7:38pm
post #48 of 89

hey neighbour, pm me some time if you want to meet for coffee or something. icon_smile.gif

kaat Posted 23 Jan 2011 , 11:02pm
post #49 of 89

Ok - here's a question for you ...
If you had a commercial kitchen in your area available for rent, would you use it?
How far would you be willing to go? And how much would you be willing to spend?

There are so many cakers looking for space and I know that I have as yet been able to find one. I wondered if it would be feasible to start up a location that would be usable for other cakers in my area or would there not be enough interest. Would you see that as "helping the competition"?

lorrieg Posted 24 Jan 2011 , 12:28am
post #50 of 89

Personally I think there are enough cakes to go around so I think starting a commercial kitchen would be a good idea. I'd consider renting one if I could and or needed to. I'm not putting one in my house because I don't have enough years in me to make it worth my while. LOL Plus I'm teaching so much now I don't do as many cakes mostly flowers and figures so renting might be very appealing. I'm beginning to sell some things on my website now because around here we can't buy very much retail. I forget where you are kaat.

kaat Posted 24 Jan 2011 , 1:41am
post #51 of 89

I'm in Markham (York Region)

giggysmack Posted 24 Jan 2011 , 2:00am
post #52 of 89

I did run a business from home which I just recently closed. You will find you will get conflicting information. First of all call your municipality if they say no then you don't go any further. Some will say yes but you have to meet certain requirements a big one is a greese interceptor and then the fire codes. Then the local health dept will have their say. I did it it cost a total of about 20,000 by the time I was done to start it up.

giggysmack Posted 24 Jan 2011 , 2:09am
post #53 of 89
Quote:
Originally Posted by muddpuppy

I just became a licesnced business so here's what I know, there are kind of a few parts to it... I rent a space, but got all the info reguarding home biz too...

If I were to be baking out of my own home.. I'd need these things:
master biz lic A.K.A biz name registration,
food handler cert,
Vendor permit A.K.A PST A.K.A RST #,
biz registration A.K.A GST#,
(GST and PST to become harmonized, not sure how that will affect me yet)
Permitted Use Letter - from city zoning - (I got this before I knew I didn't need it!! A waste of $75 dollars and 10 day waiting period.. lol.. grrrrr....)
Health inspection and Dinesafe pass
Professional Biz Lic from City lic. bureau
Fire Safety inspection
A sign permit if that person wants to display a sign
and the kitchen (a totally separate kitchen from your everyday use one) must meet the minimum requirements set by the city - as in the special exhaust hood that I believe has to be professionally tested and checked twice a year, triple sink, safe storage, etc...
Insurance

I hope that helps... If you have more questions feel free to ask.. I might know the answer.. lol.. I might not!!

Good luck everyone!!
Oh!! P.S... this is for the city of toronto.. icon_smile.gif




Mudpuppy!! This is pretty much exactly what I had to do too!

lorrieg Posted 24 Jan 2011 , 3:53am
post #54 of 89
Quote:
Originally Posted by kaat

I'm in Markham (York Region)


Gotcha.!

justkist Posted 24 Jan 2011 , 5:45pm
post #55 of 89

I just found this on the list of Businesses that require a licesne:

Food Premises (restaurant, butcher shop, bakeshop)

I also saw that any business requiring a business license MAY NOT operate as a home-based business in Ottawa.
My question though, as all of this is VERY conflicting and even more confusing, is selling 1-3 decorated cakes a month a "bakeshop"?

lorrieg Posted 24 Jan 2011 , 6:22pm
post #56 of 89

I wouldn't think so, but who knows? We don't have those regs in the Valley that I can find.

wildcaker Posted 25 Jan 2011 , 12:36am
post #57 of 89

Just to add my 2 cents as an Ontario, fully licenced, etc baker...

every municipality has its own regulations... there really are no "across the board" rules; some places allow home bakers, some only if you have a separate kitchen, and some don't allow it under any circumstances.

Call your local health department. If you don't get a clear answer, call back tomorrow and try to talk to someone else. If you DO get the answers you want, write it down immediately so you get the verbiage correct, and note the time, date and who you spoke to. ASK how to spell their name... THEN ask if they will confirm it in writing. If they hum and haw about it, don't push, just make sure you keep record of what you were told.

If you find someone sympathetic, ask for their direct extension so you can talk to them again next time!

If you expect the rules to make sense... shake your head. This is government regulations you are dealing with! I rent a church kitchen which is already licenced and inspected for the church's use, but I have to have my own inspections... health department, fire, building and zoning. Everyone but Health comes in... looks around... asks me why they are there, and then signs the paperwork. The health inspector looks at the same things that she did when she was inspecting the church, looks at my own fridge, reminds me of the usual stuff, and leaves. It costs me almost $500 a year for the inspections (they all come with the business licence here) to waste everyone's time.

cakenovice2010 Posted 30 Jan 2011 , 1:07am
post #58 of 89

I'm just starting a reno-process for a home kitchen and my first call was to municipal office where they advised to go to the health department. They were quick to say it was fine and that was that, so be careful, call your local health unit.

The health unit had a specific person I could speak with. He was super informative and went over everything with me on the phone and left a brochure and information packet for me to pick up at the front desk. He also said to call anytime.

We've had a planner in to do a basic sketch that is submitted to the building inspector and then to the health inspector. Once it's approved we get the permits and follow the regulations outlined, build and have them come back to inspect again.

A few things he mentioned:

-Separate kitchen - cannot be shared oven/sinks (absolutely nothing)
-Separate plumbing - 3 sinks
-Separate Entrance
-No signage unless you obtain a sign permit (although you can't get one here because we aren't zoned for it)

Although it's costly, I phoned everywhere, churches, restaurants, legions etc.. and no one would say yes to let me come in and rent. I thought they'd love the chance to make some extra money towards their mortgage/lease. I got some very rude "NO!"s during the process and my husband figured it's just much easier to use an area of our home than fight to find space somewhere in this small town.

wannabe_cake_maker Posted 4 Feb 2011 , 8:04pm
post #59 of 89

I live in Hamilton, Ontario and received the following email from a health Inspector:

There are general requirements for proper setup to sanitation (ie. sinks), set up etc.

Unless this has been verified, it is deemed to be a contravention of the Ontario Food Premises Regulation.

It is strongly recommended one would have a separate kitchen which is not subject to pets, children etc interfering with the quality of the product; however it would be possible to have one sole kitchen. This would be subject to prior inspection and approval As I mentioned, this item should be discussed via telephone and potential physical inspection.

As a minimum, kitchen has to be in an overall state of good clean/sanitary repair equipped with separate handwash basin and additional two to three compartment sink for disinfection of utensils. Hot and cold running water and adequate mechanical refrigeration. Any vented hoods for stoves/ovens would be subject to Building Code
'
Also to be clarified..a dog or animal would have to be clearly shown that it has no access to the kitchen at any time. Typically speaking premises that have animals would not be approved as simply the dog would be roaming through the kitchen at certain times

Just as in a restaurant, it would not be allowed.

joyfulreverie Posted 5 Feb 2011 , 1:12am
post #60 of 89

I wish I had read these earlier. I was told by a GTA health inspector home baking is not legal and I need to rent a Commercial kitchen and was told my a York region inspector that I'd need a separate kitchen and thats that.

I live in Toronto but I am eager to start my home based cake business. So I decided to bake from my aunt's basement kitchen in Markham and decorate and deliver from Toronto. It is tough!

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