O. Reg. 10/21: RULES FOR AREAS IN STAGE 1

Ontario regulation 10/21

made under the

Reopening Ontario (A Flexible Response to COVID-19) Act, 2020

Made: January 13, 2021
Filed: January 13, 2021
Published on e-Laws: January 13, 2021
Printed in The Ontario Gazette: January 30, 2021

Amending O. Reg. 82/20

(RULES FOR AREAS IN STAGE 1)

  1. (1)  Schedule 1 to Ontario Regulation 82/20 is amended by adding the following section:

Work from home except where necessary

    2.1  (1)  Each person responsible for a business or organization that is open shall ensure that any person who performs work for the business or organization conducts their work remotely, unless the nature of their work requires them to be on-site at the workplace.

    (2)  Subsection (1) does not apply to a business or organization described in subsection 1 (9).

    (2)  Schedule 1 to the Regulation is amended by adding the following section:

Requirements that apply to individuals

    3.1  (1)  Every person in the premises of a business or organization that is open shall ensure that they wear a mask or face covering in a manner that covers their mouth, nose and chin during any period in which they are in an indoor area of the premises, unless they are subject to an exception set out in subsection 2 (4).

    (2)  Every member of the public in a place of business or facility that is open to the public shall maintain a physical distance of at least two metres from every other person, except from their caregiver or from members of the person’s household.

    (3)  The physical distancing described in subsection (2) is not required,

    (a)  where necessary to complete a transaction or to receive a service, if the member of the public wears a mask or face covering in a manner that covers their mouth, nose and chin or is subject to an exception set out in subsection 2 (4);

    (b)  when passing one another in a confined location, such as in a hallway or aisle, if the member of the public wears a mask or face covering in a manner that covers their mouth, nose and chin or is subject to an exception set out in subsection 2 (4); and

    (c)  in situations where another provision of this Order expressly authorizes persons to be closer than two metres from each other.

    (4)  For greater certainty, nothing in subsection (3) affects the obligation of persons who provide services to comply with subsection 2 (7).

    (5)  No person shall use an indoor or outdoor recreational amenity that is required to close under this Order.

    (3)  Subsection 6 (3) of Schedule 1 to the Regulation is revoked and the following substituted:

    (3)  Despite subsection (1), persons may rent out an ice fishing hut if,

    (a)  the ice fishing hut will only be used by members of the same household, and

    (b)  the ice fishing hut will not be used overnight.

    (4)  The conditions set out in clauses (3) (a) and (b) do not apply if the person is renting the ice fishing hut for the purpose of exercising an Aboriginal or treaty right as recognized and affirmed by section 35 of the Constitution Act, 1982.

  1. (1)  Subsection 4 (2) of Schedule 2 to the Regulation is revoked and the following substituted:

    (2)  A business described in subsection (1) may only open if they meet the following conditions:

  1. They only permit members of the public to enter the business premises by appointment.
  2. They must open no earlier than 7:00 a.m. and close no later than 8:00 p.m. and may not deliver goods to patrons outside of those hours.

    (2)  Section 5 of Schedule 2 to the Regulation is revoked and the following substituted:

  1. Stores, other than establishments described in section 6, that sell liquor, including beer, wine and spirits, and that meet the following conditions:
  2. They limit the number of persons in the place of business so that the total number of persons in the place of business at any one time does not exceed 25 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.
  3. They must open no earlier than 7:00 a.m. and close no later than 8:00 p.m. and may not deliver goods to patrons outside of those hours.

    (3)  Subsection 8 (1) of Schedule 2 to the Regulation is amended by adding the following paragraph:

  1. Subject to subsection (4), the shopping mall must open no earlier than 7:00 a.m. and close no later than 8:00 p.m. and may not deliver goods to patrons outside of those hours.

    (4)  Section 8 of Schedule 2 to the Regulation is amended by adding the following subsection:

    (4)  A shopping mall may open outside of the hours described in paragraph 3 of subsection (1) only for the purpose of providing access for members of the public to a business or place that,

    (a)  is permitted to open during those hours under this Order; and

    (b)  only has public entrances that open into the interior of the shopping mall.

    (5)  Subsection 9 (2) of Schedule 2 to the Regulation is amended by adding the following paragraph:

  1. They must open no earlier than 7:00 a.m. and close no later than 8:00 p.m. and may not deliver goods to patrons outside of those hours.

    (6)  Section 10 of Schedule 2 to the Regulation is amended by adding the following paragraph:

  1. The outdoor market must open no earlier than 7:00 a.m. and close no later than 8:00 p.m. and may not deliver goods to patrons outside of those hours.

    (7)  Subsection 10.1 (1) of Schedule 2 to the Regulation is amended by adding the following paragraphs:

  1. An item may only be provided for pickup if the patron ordered the item before arriving at the business premises.
  2. They must open no earlier than 7:00 a.m. and close no later than 8:00 p.m. and may not deliver goods to patrons outside of those hours.

    (8)  Subsection 26 (2) of Schedule 2 to the Regulation is revoked.

    (9)  Section 43 of Schedule 2 to the Regulation is revoked and the following substituted:

Construction

  1. Construction activities or projects and related services, including land surveying and demolition services, that,

    (a)  are associated with the health care sector or long-term care, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space;

    (b)  ensure safe and reliable operations of, or provide new capacity in, provincial infrastructure, including the transit, transportation, resource, energy and justice sectors beyond day-to-day maintenance;

    (c)  support the operations of, or provide new capacity in, electricity generation, transmission, distribution and storage, natural gas distribution, transmission and storage or in the supply of resources;

    (d)  support the operations of, or provide new capacity in, schools, colleges, universities, municipal infrastructure or child care centres within the meaning of the Child Care and Early Years Act, 2014;

    (e)  are required for,

             (i)  the maintenance and operations of petrochemical plants and refineries,

            (ii)  significant industrial petrochemical projects where preliminary work commenced before January 12, 2021, or

          (iii)  industrial construction and modifications to existing industrial structures limited solely to work necessary for the production, maintenance or enhancement of personal protective equipment, medical devices such as ventilators and other identified products directly related to combatting the COVID-19 pandemic;

    (f)  would provide additional capacity in the production, processing, manufacturing or distribution of food, beverages or agricultural products;

    (g)  were commenced before January 12, 2021 and that would,

             (i)  provide additional capacity for businesses that provide logistical support, distribution services, warehousing, storage or shipping and delivery services, or

            (ii)  provide additional capacity in the operation and delivery of Information Technology (IT) services or telecommunications services;

    (h)  support the operations of broadband internet and cellular technologies and services;

    (i)  are related to residential construction projects where,

             (i)  a building permit has been granted for a single family, semi-detached and townhomes,

            (ii)  the project is a condominium, mixed-use or other residential building, or

          (iii)  the project involves renovations to residential properties and construction work that was started before January 12, 2021;

    (j)  prepare a site for an institutional, commercial, industrial or residential development, including any necessary excavation, grading, roads or utilities infrastructure;

    (k)  are necessary to temporarily close construction sites that have paused, or that are not active, to ensure ongoing public safety;

    (l)  are funded in whole or in part by the Investing in Canada Infrastructure Program;

  (m)  are,

            (a)  intended to provide shelter or supports for vulnerable persons or affordable housing; and

            (b)  being funded in whole or in part by, or are being undertaken by,

                     (A)  the Crown in right of Canada or in right of Ontario,

                     (B)  an agency of the Crown in right of Canada or in right of Ontario,

                     (C)  a municipality,

                     (D)  a service manager as defined the Housing Services Act, 2011, or

                     (E)  a registered charity within the meaning of the Income Tax Act (Canada), or

                     (F)  a not-for-profit corporation.

    (10)  Section 68 of Schedule 2 to the Regulation is revoked.

  1. (1)  Section 3 of Schedule 3 to the Regulation is revoked and the following substituted:

Schools and private schools

  1. (1)  Schools and private schools within the meaning of the Education Act shall not provide in-person teaching or instruction if they are located in any of the following health units:
  2. City of Hamilton Health Unit.
  3. City of Toronto Health Unit.
  4. Peel Regional Health Unit.
  5. Windsor-Essex County Health Unit.
  6. York Regional Health Unit.

    (2)  Despite subsection (1), schools and private schools described in that subsection may open,

    (a)  to the extent necessary to facilitate the operation of a child care centre within the meaning of the Child Care and Early Years Act, 2014;

    (b)  if approved by the Minister of Education, to the extent necessary to facilitate the operation of an extended day program, as defined in the Education Act, for the provision of emergency child care for the children of individuals listed in Schedule 5 during the period when schools are not permitted to provide in-person teaching or instruction;

    (c)  to allow staff of the school or private school to provide remote teaching, instruction or support to pupils, so long as the school or private school operates in accordance with a return to school direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health; or

    (d)  to the extent necessary to provide in-person instruction to pupils with special education needs who cannot be accommodated through remote learning and who wish to attend a school or their private school for in-person instruction, so long as the school or private school operates in accordance with a return to school direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health.

    (3)  Schools and private schools within the meaning of the Education Act that are not located in a health unit described in subsection (1) may provide in-person teaching or instruction if they meet the following conditions:

  1. They must be operated in accordance with a return to school direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health.
  2. If in-person teaching or instruction at the institution involves singing or the playing of brass or wind instruments,
  3. every person who is singing or playing must be separated from every other person by plexiglass or some other impermeable barrier, and
  4. every person in the instructional space must remain at least two metres apart from every other person in the instructional space.
  5. If a person who holds a study permit issued under the Immigration and Refugee Protection Act (Canada) and who entered Canada on or after November 17, 2020 attends the school, in-person teaching or instruction may only be provided to that person if the school or private school,
  6. has a plan respecting COVID-19 that has been approved by the Minister of Education, and
  7. operates in accordance with the approved plan.

    (4)  Subsections (1), (2) and paragraphs 1 and 2 of subsection (3) do not apply to schools that meet the condition set out in paragraph 3 of subsection (3) and that are operated by,

    (a)  a band, a council of a band or the Crown in right of Canada;

    (b)  an education authority that is authorized by a band, a council of a band or the Crown in right of Canada; or

    (c)  an entity that participates in the Anishinabek Education System.

    (2)  Section 3 of Schedule 3 to the Regulation, as remade by subsection (1), is revoked and the following substituted:

Schools and private schools

  1. (1)  Schools and private schools within the meaning of the Education Act may only open if they meet the following conditions:
  2. They must be operated in accordance with a return to school direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health.
  3. If in-person teaching or instruction at the institution involves singing or the playing of brass or wind instruments,
  4. every person who is singing or playing must be separated from every other person by plexiglass or some other impermeable barrier, and
  5. every person in the instructional space must remain at least two metres apart from every other person in the instructional space.
  6. If a person who holds a study permit issued under the Immigration and Refugee Protection Act (Canada) and who entered Canada on or after November 17, 2020 attends the school, in-person teaching or instruction may only be provided to that person if the school or private school,
  7. has a plan respecting COVID-19 that has been approved by the Minister of Education, and
  8. operates in accordance with the approved plan.

    (2)  The conditions set out in paragraphs 1 and 2 of subsection (1) do not apply to a school operated by,

    (a)  a band, a council of a band or the Crown in right of Canada;

    (b)  an education authority that is authorized by a band, a council of a band or the Crown in right of Canada; or

    (c)  an entity that participates in the Anishinabek Education System.

    (3)  Paragraph 9 of subsection 4 (2) of Schedule 3 to the Regulation is revoked.

  1. Clause 1 (1) (c) of Schedule 4 to the Regulation is amended by striking out “10 people” and substituting “5 people”.

Amendment to O. Reg. 779/20

  1. Subsection 6 (4) of Ontario Regulation 779/20 is revoked.

Commencement

  1. (1)  Subject to subsections (2) and (3), this Regulation comes into force on the later of January 14, 2021 and the day it is filed.

    (2)  Subsection 3 (1) comes into force on January 25, 2021.

    (3)  Subsection 3 (2) comes into force on February 10, 2021.