O. Reg. 865/21: RULES FOR AREAS AT STEP 3 AND AT THE ROADMAP EXIT STEP

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ontario regulation 865/21

made under the

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

Made: December 17, 2021
Filed: December 17, 2021
Published on e-Laws: December 17, 2021
Printed in The Ontario Gazette: January 1, 2022

Amending O. Reg. 364/20

(RULES FOR AREAS AT STEP 3 AND AT THE ROADMAP EXIT STEP)

1. (1) Section 2.2 of Schedule 1 to Ontario Regulation 364/20 is amended by adding the following subsection:

(3.1) For greater certainty, an election described in subsection (1) does not exempt the person responsible for the place of business or facility from any capacity limits set out in this Order, other than subsection 3 (1) of this Schedule, unless another provision of this Order specifically provides for that exemption.

(2) Section 3 of Schedule 1 to the Regulation is amended by adding the following subsection:

(2) Any requirement in this Order for a business or place to operate at 50 per cent capacity does not apply in respect of any portion of that business or place that is being used for a wedding, a funeral or a religious service, rite or ceremony. For greater certainty, this exception does not apply to social gatherings associated with a wedding, a funeral or a religious service, rite or ceremony.

(3) Section 3.0.0.1 of Schedule 1 to the Regulation is revoked.

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

General capacity rules

3.0.2 (1) If any provisions of this Order impose a limit on the number of persons who may occupy an area, the more restrictive limit on the area’s capacity prevails.

(2) Unless otherwise provided, a capacity limit set out in this Order applies to the whole business or facility, not to individual rooms or areas within the business or facility.

(5) Subsection 4 (1) of Schedule 1 to the Regulation is amended by adding the following paragraphs:

1.  The total number of members of the public who are permitted to be in the indoor areas of the business or place at any one time shall not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

2.  The person responsible for the business or place must post a sign in a conspicuous location visible to the public that states the capacity limits under which the business or place is permitted to operate.

3.  No more than 10 people may be seated together at any table in the rented space unless everyone seated at the table is,

i.  a member of the same household,

ii.  a member of up to one other household who lives alone, or

iii.  a caregiver for any member of either household.

4.  Patrons must remain seated at all times in the rented space, except,

i.  while entering the rented space and while moving to their table,

ii.  while exiting the rented space,

iii.  while going to or returning from a washroom,

iv.  while lining up to do anything described in subparagraphs i to iii, or

v.  where necessary for the purposes of health and safety.

5.  No patrons are permitted to dance or sing, including by performing karaoke, within the rented space.

(6) Section 5 of Schedule 1 to the Regulation is amended by adding the following subsection:

(4) For the purposes of this Order, the spectator areas of the Rogers Centre in Toronto shall be treated as if they were indoors, regardless of whether the Centre’s retractable roof is open or closed.

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

Sale and service of liquor

8. (1) The person responsible for a business or place that is open and in which liquor is sold or served under a licence or a special occasion permit shall ensure that,

(a)  liquor is sold or served only between 9 a.m. and 10 p.m.; and

(b)  no consumption of liquor is permitted in the business or place between the hours of 11 p.m. and 9 a.m.

(2) The conditions set out in subsection (1) do not apply with respect to businesses and places in airports.

(3) The conditions set out in subsection (1) do not apply with respect to,

(a)  the sale of liquor for removal from licensed premises in accordance with section 40 of Regulation 746/21 (Licensing) made under the Liquor Licence and Control Act, 2019; and

(b)  the sale of liquor for delivery in accordance with section 41 of Regulation 746/21 (Licensing) made under the Liquor Licence and Control Act, 2019.

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

1.  The total number of members of the public who are permitted to be in the indoor areas of the establishment at any one time shall not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

2.  The person responsible for the establishment must post a sign in a conspicuous location visible to the public that states the capacity limits under which the establishment is permitted to operate.

3.  No more than 10 people may be seated together at any table in the establishment unless everyone seated at the table is,

i.  a member of the same household,

ii.  a member of up to one other household who lives alone, or

iii.  a caregiver for any member of either household.

3.1  Patrons must be seated at all times in any area of the establishment in which food or drink is permitted except,

i.  while entering the area and while moving to their table,

ii.  while placing or picking up an order,

iii.  while paying for an order,

iv.  while exiting the area,

v.  while going to or returning from a washroom,

vi.  while lining up to do anything described in subparagraphs i to v, or

vii.  where necessary for the purposes of health and safety.

3.2  They must open no earlier than 5 a.m. and close no later than 11 p.m., but may provide take-out, drive-through or delivery service outside of those hours.

(2) Paragraph 6 of subsection 1 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

6.  No patrons are permitted to dance or sing, including by performing karaoke, within the establishment.

(3) Subsection 1 (4) of Schedule 2 to the Regulation is amended by striking out “Paragraph 4 of subsection (1) does not apply” at the beginning of the portion before clause (a) and substituting “Paragraphs 3.2 and 4 of subsection (1) do not apply”.

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

Food or drink establishments with dance facilities

2. Indoor food or drink establishments with dance facilities, including nightclubs, restoclubs and other similar establishments, may open if they operate solely as a food or drink establishment without dancing and comply with the conditions set out in section 1.

2.1 (1) Outdoor food or drink establishments where dance facilities are provided, including nightclubs, restoclubs and other similar establishments, may open if they comply with the following conditions during any time when patrons are permitted to make use of the dance facilities:

1.  The total number of members of the public permitted to be at the establishment at any one time may not exceed 75 per cent capacity, as determined in accordance with section 3.0.1 of Schedule 1, or 5,000 persons, whichever is less.

2.  Any indoor areas must be closed to the public, except,

i.  where necessary for a patron to use a washroom or access an outdoor area that can only be accessed through an indoor route, or

ii.  as may be necessary for the purposes of health and safety.

3.  The establishment must be configured so that patrons seated at different tables are separated by,

i.  a distance of at least two metres, or

ii.  plexiglass or some other impermeable barrier.

4.  Every patron must wear a mask or face covering in a manner that covers their mouth, nose and chin, unless they are entitled to any of the exceptions set out in subsection 2 (4) of Schedule 1, or are seated with members of their own household only, and every member of the household is seated at least two metres from every person outside their household.

5.  The person responsible for the establishment must post a sign in a conspicuous location visible to the public that states the capacity limits under which the establishment is permitted to operate.

6.  The person responsible for the establishment must actively screen patrons in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the premises of the establishment.

7.  The person responsible for the establishment must,

i.  record the name and contact information of every patron that enters an area of the establishment,

ii.  maintain the records for a period of at least one month, and

iii.  only disclose the records to a medical officer of health or an inspector under the Health Protection and Promotion Act on request for a purpose specified in section 2 of that Act or as otherwise required by law.

(2) For the purposes of paragraph 4 of subsection (1), the references to “indoor area” in clauses 2 (4) (i) and (l) of Schedule 1 shall be read as “outdoor area”, and for greater certainty patrons are permitted to remove a mask or face covering temporarily to consume food or drink, or as may be necessary for the purposes of health and safety.

(3) For greater certainty, the person responsible for the establishment must prepare a safety plan in accordance with section 3.3 of Schedule 1.

(4) Subsection 3.1 (4) of Schedule 1 continues to apply to patrons of the dance facility, except when physical distancing cannot be maintained while participating in the activities for which patrons normally frequent such an establishment.

(5) The physical distancing described in subsections 3 (1) and 3.1 (4) of Schedule 1 is not required when patrons are seated together at a table in an establishment to which this section applies.

(6) For greater certainty, any outdoor business, place, facility or establishment at which food or drink is sold or served while dance facilities are provided, including any business, place, facility or establishment referred to in section 4 of Schedule 1 and in sections 24, 25, 27 and 28 of this Schedule, is a food or drink establishment to which this section applies,

(a)  at any time when food or drink is served or sold at the business, place, facility or establishment while dance facilities are provided; and

(b)  in any part of the business, place, facility or establishment where the food or drink is served or sold and dance facilities are provided.

(7) For greater certainty, the capacity limits set out in paragraph 1 of subsection (1) apply to each outdoor area at a business, place, facility or establishment referred to in subsection (6) where dance facilities are provided during the periods of time when dancing is permitted.

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

2.  The total number of members of the public who are permitted to be in the indoor areas of the establishment at any one time shall not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

(6) Subsection 8 (1.1) of Schedule 2 to the Regulation is revoked.

(7) Subsection 9 (1) of Schedule 2 to the Regulation is amended by adding the following paragraph:

1.  The number of patrons permitted indoors,

i.  must be limited to the number that can maintain a physical distance of at least two metres from every other person in an indoor space, and

ii.  in any event may not exceed 50 per cent of the capacity of the indoor space where the services are provided, as determined in accordance with subsection 3 (3) of Schedule 1, if the services are provided in an indoor space where a maximum occupant load applies under Ontario Regulation 213/07 (Fire Code), made under the Fire Protection and Prevention Act, 1997.

(8) Subsection 10 (1) of Schedule 2 to the Regulation is amended by adding the following paragraph:

0.1  The total number of members of the public who are permitted to be in the indoor areas of the business at any one time shall not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

(9) Subsection 10 (2) of Schedule 2 to the Regulation is revoked.

(10) Section 11 of Schedule 2 to the Regulation is amended by striking out paragraph 2 and substituting the following:

2.  The total number of members of the public who are permitted to be in the indoor areas of the shopping mall at any one time must not exceed the total capacity determined by totalling the number of members of the public who would be permitted to be in every business in the mall operating at 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

3.  The person responsible for the shopping mall must post a sign in a conspicuous location visible to the public that states the capacity limits under which the shopping mall is permitted to operate.

(11) Section 14 of Schedule 2 to the Regulation is amended by adding the following paragraph:

2.1  The person responsible for the business must post a sign in a conspicuous location visible to the public that states the capacity limits under which the business is permitted to operate.

(12) Subsection 16 (1) of Schedule 2 to the Regulation is amended by adding the following paragraphs:

1.  The total number of members of the public who are permitted to be in an indoor area of the facility at any one time shall not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

2.  The person responsible for the facility, or, where there is no such responsible person, the person holding a permit for the use of the facility must post a sign in a conspicuous location visible to the public that states the capacity limits under which the facility is permitted to operate.

  2.1.  Food and drinks must not be sold or served to patrons in an indoor area of the facility, but may be sold or served to patrons in restaurants, bars or other food or drink establishments located within the facility if,

i.  the restaurant, bar or other food or drink establishment is operating in accordance with section 1, and

ii.  the food or drink is consumed in the restaurant, bar or other food or drink establishment.

(13) Subsection 17 (2) of Schedule 2 to the Regulation is revoked.

(14) Subsection 18 (2) of Schedule 2 to the Regulation is revoked.

(15) Subsection 20 (1) of Schedule 2 to the Regulation is amended by adding the following paragraphs:

2.  The total number of members of the public permitted to be indoors in the studio audience at any one time shall not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

3.  The person responsible for the film or television production must post a sign in a conspicuous location visible to the public that states the studio audience capacity limits under which the production is permitted to operate.

(16) Subsection 21 (1) of Schedule 2 to the Regulation is amended by adding the following paragraph:

0.1  The total number of members of the public who are permitted to be in the indoor areas of the establishment at any one time shall not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

(17) Subsections 21 (2) and (3) of Schedule 2 to the Regulation are revoked.

(18) Subsection 22 (1) of Schedule 2 to the Regulation is amended by adding the following paragraphs:

1.  The total number of members of the public who are permitted to be in the indoor areas of a concert venue, theatre or cinema at any one time shall not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1 or, where there is seating capacity, 50 per cent of the usual seating capacity.

2.  The person responsible for the concert venue, theatre or cinema must post a sign in a conspicuous location visible to the public that states the capacity limits under which the concert venue, theatre or cinema is permitted to operate.

3.  Food and drinks must not be sold or served to patrons in an indoor area of a concert venue, theatre or cinema, but may be sold or served to seated patrons in restaurants, bars or other food or drink establishments located within the concert venue, theatre or cinema if,

i.  the restaurant, bar or other food or drink establishment is operating in accordance with section 1, and

ii.  the food or drink is consumed in the restaurant, bar or other food or drink establishment.

4.  Patrons must be seated at all times while watching the concert, performance or film.

(19) Subsection 24 (1) of Schedule 2 to the Regulation is amended by adding the following paragraph:

1.  The total number of members of the public who are permitted to be indoors in the attraction at any one time shall not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

(20) Subsection 24 (1.1) of Schedule 2 to the Regulation is revoked.

(21) Subsection 25 (1) of Schedule 2 to the Regulation is amended by adding the following paragraphs:

1.  The total number of members of the public who are permitted to be indoors in the establishment at any one time shall not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

1.1  The person responsible for the establishment must post a sign in a conspicuous location visible to the public that states the capacity limits under which the establishment is permitted to operate.

1.2  Food and drinks must not be sold or served to patrons in common areas of the establishment, but may be sold or served to seated patrons in restaurants, bars or other food or drink establishments located within the establishment if,

i.  the restaurant, bar or other food or drink establishment is operating in accordance with section 1, and

ii.  the food or drink is consumed in the restaurant, bar or other food or drink establishment.

(22) Subsection 26 (1) of Schedule 2 to the Regulation is amended by adding the following paragraphs:

1.  The total number of members of the public who are permitted to be indoors in the venue at any one time shall not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

2.  The person responsible for the venue must post a sign in a conspicuous location visible to the public that states the capacity limits under which the establishment is permitted to operate.

3.  Food and drinks must not be sold or served to patrons in indoor areas of the venue, but may be sold or served to seated patrons in restaurants, bars or other food or drink establishments located within the venue if,

i.  the restaurant, bar or other food or drink establishment is operating in accordance with section 1, and

ii.  the food or drink is consumed in the restaurant, bar or other food or drink establishment.

(23) Subsection 27 (1.1) of Schedule 2 to the Regulation is revoked.

(24) Subsection 28 (1.1) of Schedule 2 to the Regulation is revoked.

(25) Paragraph 1 of subsection 29 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

1.  The total number of members of the public on any indoor portion of the tour must not cause the indoor area to exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

(26) Subsection 29 (2) of Schedule 2 to the Regulation is revoked.

(27) Subsection 30 (2) of Schedule 2 to the Regulation is revoked.

(28) Section 31 of Schedule 2 to the Regulation is amended by adding the following paragraphs:

2.  The total number of members of the public who are permitted to be in the indoor areas of the establishment at any one time shall not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

3.  The person responsible for the establishment must post a sign in a conspicuous location visible to the public that states the capacity limits under which the establishment is permitted to operate.

(29) Subsection 32 (1) of Schedule 2 to the Regulation is amended by adding the following paragraphs:

1.1  The total number of members of the public who are permitted to be in the indoor areas of the establishment at any one time shall not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

1.2  No patrons are permitted to dance or sing, including by performing karaoke, within the establishment.

3. Clauses 1 (1) (b) and (c) of Schedule 3 to the Regulation are revoked and the following substituted:

(b)  a social gathering of more than,

(i)  10 people if the event is held indoors, or

(ii)  25 people if the event is held outdoors; or

(c)  a social gathering associated with a wedding, a funeral or a religious service, rite or ceremony of more than,

(i)  10 people if the event is held indoors, or

(ii)  25 people if the event is held outdoors.

Commencement

4. This Regulation comes into force on December 19, 2021.

 

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