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ontario regulation 267/21

made under the

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

Made: April 7, 2021
Filed: April 7, 2021
Published on e-Laws: April 8, 2021
Printed in The Ontario Gazette: April 24, 2021

Amending O. Reg. 82/20

(RULES FOR AREAS IN STAGE 1)

1. (1) Schedule 2 to Ontario Regulation 82/20 is amended by adding the following sections:

3. (1)  Discount and big box retailers that engage in retail sales to the public and that meet the following conditions:

1.  The discount or big box retailer sells groceries to the public.

2.  In-store shopping must only be available for grocery items, pet care supplies, household cleaning supplies, pharmaceutical items, health care items and personal care items.

3.  No other goods or services may be sold to the public unless the discount or big box retailer complies with any conditions that are applicable with respect to the sale of those goods or services by other retail establishments under this Order.

(2)  For the purpose of determining, under section 3 of Schedule 1, the capacity limit of a discount or big box retailer in which in-store shopping is available in accordance with paragraph 2 of subsection (1), the floor area accessible to the public in the facility is the floor area, not including shelving and store fixtures, in which the products described in paragraph 2 of subsection (1) are normally displayed for sale.

(3)  Paragraphs 2 and 3 of subsection (1) do not apply with respect to a store that sells groceries that is located in a fly-in community.

4. (1) The following businesses that engage in retail sales to the public and that comply with the conditions set out in subsection (2):

1.  Safety supply stores.

2.  Businesses that primarily sell, rent or repair assistive devices, aids or supplies, mobility devices, aids or supplies or medical devices, aids or supplies.

3.  Optical stores that sell prescription eyewear to the public.

(2) Businesses 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 a.m. and close no later than 8 p.m. and must not deliver goods to patrons outside of the hours of 6 a.m. to 9 p.m.

3.  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.

5. Stores, other than establishments described in section 6, that sell liquor, including beer, wine and spirits, and that meet the following conditions:

1.  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.

2.  They must open no earlier than 7 a.m. and close no later than 8 p.m. and must not deliver goods to patrons outside of the hours of 6 a.m. to 9 p.m.

(2) Paragraph 1 of subsection 8 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

1.  Members of the public must only be permitted to enter the shopping mall,

i.  for the purpose of accessing a business or place that is permitted to be open under this Order,

ii.  for the purpose of accessing a designated location described in subsection (3) or (4),

iii.  for the purpose of delivering or supporting the delivery of court services,

iv.  for operations by or on behalf of a government, or

v.  for the purpose of delivering or supporting the delivery of government services.

1.1  Members of the public who enter the shopping mall for a reason described in paragraph 1 must not be permitted to loiter in any area of the shopping mall that is not related to the purpose of their visit.

1.2  Subject to subsection (5), the shopping mall must open no earlier than 7 a.m. and close no later than 8 p.m. and must not deliver goods to patrons outside of the hours of 6 a.m. to 9 p.m.

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

(3) A shopping mall may establish a single designated location inside the shopping mall for the purpose of allowing patrons to pick up an order from a business or place inside the shopping mall. Patrons may only pick up orders from the indoor designated location by making a prior appointment, and an item may only be provided for pick-up if the patron ordered the item before arriving at the business premises.

(4) A shopping mall may establish any number of designated locations outside the shopping mall for the purpose of allowing patrons to pick up an order from a business or place inside the shopping mall. Patrons may only pick up orders from the outdoor designated location by making a prior appointment, and an item may only be provided for pick-up if the patron ordered the item before arriving at the business premises.

(5) A shopping mall may open outside of the hours described in paragraph 1.2 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.

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

0.1  Members of the public must only be permitted to enter the premises by appointment.

. .  . . .

3.  They must open no earlier than 7 a.m. and close no later than 8 p.m. and must not deliver goods to patrons outside of the hours of 6 a.m. to 9 p.m.

4.  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.

(5) Schedule 2 to the Regulation is amended by adding the following sections:

9.1 Outdoor garden centres and plant nurseries that meet the following conditions:

1.  They must 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.

2.  They must open no earlier than 7 a.m. and close no later than 8 p.m. and must not deliver goods to patrons outside of the hours of 6 a.m. to 9 p.m.

9.2 Indoor greenhouses that engage in retail sales to the public that meet the following conditions:

1.  They must 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.

2.  They must open no earlier than 7 a.m. and close no later than 8 p.m. and must not deliver goods to patrons outside of the hours of 6 a.m. to 9 p.m.

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

2.  Products must only be provided to patrons,

i.  in a manner that allows members of the public to remain in an outdoor area at all times, or

ii.  through an alternative method of sale that does not require patrons to enter the indoor area, such as curbside pick-up or delivery.

. . . . .

5.  The outdoor market must open no earlier than 7 a.m. and close no later than 8 p.m. and must not deliver goods to patrons outside of the hours of 6 a.m. to 9 p.m.

(7) Subsection 10.1 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

(1) Businesses not already described in sections 2 to 10 or in subsection 33 (2) that engage in retail sales to the public and that meet the following conditions:

1.  Sales must be exclusively made using an alternative method of sale that does not require patrons to enter the indoor area of the business, including curbside pick-up or delivery.

2.  If the business allows patrons to pick up items, it must,

i.  have a public entrance that opens onto a street or exterior sidewalk, or

ii.  in the case of a business in a shopping mall, permit patrons to pick up the items at a designated location established by the shopping mall under subsection 8 (3) or (4).

3.  An item may only be provided for pick-up if the patron ordered the item before arriving at the business premises.

4.  Patrons may only pick up orders by making a prior appointment.

5.  They must open no earlier than 7 a.m. and close no later than 8 p.m. and must not deliver goods to patrons outside of the hours of 6 a.m. to 9 p.m.

6.  They must ensure that any music played at the place of business is not at a decibel level that exceeds the level at which normal conversation is possible.

(8) Section 11 of Schedule 2 to the Regulation is revoked and the following substituted:

Services

11. Rental and leasing services, including automobile, commercial and light industrial machinery and equipment rental, that meet the following conditions:

1.  They only permit members of the public to enter the business premises by appointment.

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 a.m. and close no later than 8 p.m. and must not deliver goods to patrons outside of the hours of 6 a.m. to 9 p.m.

(9) Section 18 of Schedule 2 to the Regulation is revoked and the following substituted:

18. Vehicle and equipment repair and essential maintenance and vehicle and equipment rental services that meet the following conditions:

1.  They only permit members of the public to enter the business premises by appointment.

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 a.m. and close no later than 8 p.m. and must not deliver goods to patrons outside of the hours of 6 a.m. to 9 p.m.

(10) Section 33 of Schedule 2 to the Regulation is amended by adding the following subsections:

(2) Retail stores operated by a telecommunications provider or service may only permit members of the public to enter the premises by appointment and only for the purchase of cell phones, for repairs or for technical support.

(3) Retail stores described in subsection (2) must 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.

(4) Retail stores described in subsection (2) must open no earlier than 7 a.m. and close no later than 8 p.m. and must not deliver goods to patrons outside of the hours of 6 a.m. to 9 p.m.

Commencement

2. This Regulation comes into force on the later of April 8, 2021 and the day it is filed.

 

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