O. Reg. 51/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - CLOSURE OF ESTABLISHMENTS, Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9

Emergency Management and Civil Protection Act

ONTARIO REGULATION 51/20

ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - CLOSURE OF ESTABLISHMENTS

Note: This Order was revoked on June 12, 2020. (See: O. Reg. 106/20, Sched. 1, s. 2 (1))

Last amendment: 246/20.

Legislative History: 78/20, 100/20, 155/20, 183/20, 221/20, 246/20.

This is the English version of a bilingual regulation.

WHEREAS an emergency was declared on March 17th, 2020 pursuant to Order in Council 518/2020 (Ontario Regulation 50/20);

AND WHEREAS the criteria set out in subsection 7.0.2 (2) of the Emergency Management and Civil Protection Act have been satisfied;

NOW THEREFORE, pursuant to subsection 7.0.2 (4), paragraph 5 of the Act,

The following establishments are hereby ordered to be closed and this Order applies generally throughout Ontario:

1. Until the end of May 18, 2020, all facilities providing indoor recreational programs,

1.1 Beginning on May 19, 2020, all facilities providing indoor recreational programs, other than facilities listed in Schedule 2 to Ontario Regulation 82/20 (Order under Subsection 7.0.2 (4) — Closure of Places of Non-Essential Businesses),

2. Until the end of May 18, 2020, all public libraries,

2.1 Beginning on May 19, 2020, all public libraries, except to the extent that they can provide curb side pick-up and delivery of library materials,

3. All private schools as defined in the Education Act,

4. All child care centres within the meaning of the Child Care and Early Years Act, 2014, other than a child care centre that,

i. is identified for the purposes of this paragraph by the Minister of Education or his delegate in consultation with service system managers or First Nations, as those terms are defined under the Child Care and Early Years Act, 2014,

ii. provides care only for children whose parent or guardian is an individual set out in Schedule A, and

iii. ensures that a maximum of 50 persons, including any children, are present at any time at the child care centre.

5. All bars and restaurants, except to the extent that such facilities provide takeout food and delivery,

6. Until the end of May 30, 2020, all theatres including those offering live performances of music, dance, and other art forms, as well as cinemas that show movies,

6.1 Beginning on May 31, 2020, all theatres including those offering live performances of music, dance, and other art forms, as well as cinemas that show movies, other than drive-in cinemas described in paragraph 49 of Schedule 2 to Ontario Regulation 82/20 (Order under Subsection 7.0.2 (4) — Closure of Places of Non-Essential Businesses), and

7. Concert venues.

O. Reg. 51/20; O. Reg. 78/20, s. 1; O. Reg. 100/20, s. 2, 3; O. Reg. 221/20, s. 1-3; O. Reg. 246/20, s. 1.

SCHEDULE A

1. An individual who,

i. is a regulated health care professional,

ii. is an unregulated health care provider working in health care delivery, either directly or indirectly, or

iii. supports the delivery of care provided by an individual listed in subparagraph i or ii.

1.1 Individuals who work for manufacturers of pharmaceutical products and medical supplies, including medications, medical isotopes, vaccines and antivirals and medical devices.

1.2 An individual who works in an establishment where goods or services are sold or offered for sale to the public, if a pharmacy as defined in the Drug and Pharmacies Regulation Act is located within the establishment.

2. A police officer as defined in the Police Services Act.

3. A member of a police force other than a police officer as defined in the Police Services Act.

3.1 A First Nations Constable appointed pursuant to section 54 of the Police Services Act or a member of a police service in which policing is delivered by First Nations Constables.

3.2 A provincial offences officer as defined in the Provincial Offences Act.

4. An individual employed as a firefighter as defined in section 1 of the Fire Protection and Prevention Act, 1997.

5. An individual who is,

i. engaged in providing fire protection services as defined under section 1 of the Fire Protection and Prevention Act, 1997,

ii employed in a fire department as defined under section 1 of the Fire Protection and Prevention Act, 1997, and

iii. employed in the Office of the Fire Marshal and whose duties include being a fire investigator or supervising or managing fire investigators.

6. A paramedic as defined in the Ambulance Act.

7. A coroner as defined in the Coroners Act.

8. A worker in a correctional institution as defined in the Ministry of Correctional Services Act and independent contractors who supply services to correctional institutions, including, but not limited to, employees of Trilcor.

8.1 Probation and parole officers as described in the Ministry of Correctional Services Act, including institutional liaison officers, court liaison officers, individuals employed as assistant area managers and area managers of staff at probation and parole offices and the administrative and support staff at these offices.

9. An individual employed in the Institutional Services Division of the Ministry of the Solicitor General, including a person employed in a correctional institution as defined in section 1 of the Ministry of Correctional Services Act.

9.1 An individual employed in the Operational Support Division of the Correctional Services Recruitment and Training Centre in the Ministry of the Solicitor General who,

i. provides facilities or maintenance services, or

ii. is a Senior Staff Development Officer or Manager of Customized Training.

10. An employee of Compass Group Canada Ltd. who works at or provides services in relation to the Cook Chill Food Production Centre.

11. An individual employed in the Ministry of the Solicitor General who performs one or more of the following functions for the Institutional Services Division or Community Services Division:

i. Performing electronic monitoring services.

ii. Performing CPIC searches.

iii. Preparing community supervision orders.

11.1 An individual employed by the Ministry of the Solicitor General at the Centre of Forensic Sciences who is involved in supporting and conducting forensic testing and analysis.

11.2 An individual employed by the Ministry of the Solicitor General at the Provincial Forensic Pathology Unit.

11.3 An individual employed at the Provincial Emergency Operations Centre or at the Ministry of the Solicitor General’s Emergency Operations Centres.

12. An animal welfare inspector appointed pursuant to the Provincial Animal Welfare Services Act, 2019 or an individual employed by the Ministry of the Solicitor General in the Animal Welfare Services Branch who is directly involved in supporting animal welfare inspectors.

13. An individual employed in the operation of,

i. a place of secure custody designated under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, or

ii. a place of secure temporary detention as defined in subsection 2 (1) of the Child, Youth and Family Services Act, 2017.

14. Persons employed in the Direct Operated Facilities Branch of the Ministry of Children, Community and Social Services.

14.1 Persons, other than foster parents, who deliver or directly support the delivery of residential care, treatment and supervision to children and young persons residing in residential settings licensed under the Child, Youth and Family Services Act, 2017.

14.2 An individual employed by a children’s aid society designated under section 34 of the Child, Youth and Family Services Act, 2017 to provide services necessary for the performance of a children’s aid society’s functions, as set out in section 35 (1) of that Act.

14.3 An individual employed by a service agency as defined in section 1 of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, to provide services and supports, within the meaning of section 4 of that Act, to adults with developmental disabilities.

14.4 An individual who is engaged in the delivery of services funded by the Ministry of Children, Community and Social Services under the Violence Against Women Support Services or the Anti-Human Trafficking Community Supports programs.

14.5 A staff member of a transfer payment recipient funded by the Ministry of Children, Community and Social Services who is engaged or employed to deliver interpreting or intervenor services for persons who are deaf, deafened, hard of hearing or deafblind.

15. An individual who performs work that is essential to the delivery of core services in a municipality or First Nation community, as determined by the municipality or First Nation.

16. An individual who performs work of a critical nature in their service area or community, as determined by the Minister of Education or his delegate in consultation with the relevant service system manager or First Nation as those terms are defined under the Child Care and Early Years Act, 2014.

17. An individual who works in a child care centre authorized to operate pursuant to this Order.

18. An individual who is engaged in the delivery of frontline victim services funded by the Ministry of the Attorney General under the Ontario Victim Services program or Indigenous Justice Division program.

18.1 An individual employed by the Ministry of the Attorney General or a municipality in Ontario who is required to work on site to support the administration of the Ontario Court of Justice, the Superior Court of Justice or the Court of Appeal for Ontario, including,

i. court services representatives, court and client representatives, court clerks, court registrars, court reporters, enforcement officers and any other administrative officers and employees that are considered necessary for the administration of the courts,

ii. business professionals and prosecutors, and

iii. employees of the Victim/Witness Assistance Program.

19. An individual who performs work that is essential to the operation of,

i. a municipal drinking water system as defined in section 2 of the Safe Drinking Water Act, 2002,

ii. a non-municipal year-round residential system as defined in section 1 of Ontario Regulation 170/03 (Drinking Water Systems) made under the Safe Drinking Water Act, 2002, or

iii. a wastewater treatment facility or a wastewater collection facility as those terms are defined in section 1 of Ontario Regulation 129/04 (Licensing of Sewage Works Operators) made under the Ontario Water Resources Act and to which that Regulation applies.

20. An individual who is employed by any of the following entities to carry out work that is deemed by the entity to be critical to the ongoing generation, transmission, distribution and storage of electricity sufficient to meet the demands of the province of Ontario:

i. The Independent Electricity System Operator.

ii. A generator, transmitter or distributor within the meaning of the Electricity Act, 1998.

21. An individual working in a homeless shelter or providing services to homeless persons.

21.1 All persons employed in the Ministry of Natural Resources and Forestry who are engaged in,

i. prevention, mitigation, preparedness, response or recovery actions, as applicable, with respect to,

A. fires as defined in the Forest Fires Prevention Act,

B. floods,

C. dam failures, or

D. emergencies relating to oil and gas exploration or production, hydrocarbon underground storage, and salt solution mining, or

ii. the provision of support services to Conservation Officers through the operation of the Ministry’s Provincial Communications Unit.

21.2 An individual who works in a grocery store.

21.3 An individual who works for a business that processes, manufactures or distributes food or beverages.

21.4 Staff and volunteers as defined in the Retirement Homes Act, 2010.

21.5 Licensees as defined in the Retirement Homes Act, 2010 who are individuals and who work or provide services at a retirement home.

21.6 An individual who is engaged in work that involves driving a Class A or D motor vehicle as described in Ontario Regulation 340/94 (Drivers’ Licences) made under the Highway Traffic Act.

22. Members, officers and special constables appointed under the Royal Canadian Mounted Police Act who are working in Ontario.

23. Officers as defined in the Customs Act (Canada) who are working in Ontario.

24. Employees of the Canada Post Corporation who are working in Ontario.

25. A member of the Canadian Armed Forces or an employee of the Department of National Defence who works in Ontario and whose child care is provided by a Military Family Resource Centre.

26. An individual who is redeployed to any position set out in this Schedule.

O. Reg. 78/20, s. 2; O. Reg. 155/20, s. 1; O. Reg. 183/20, s. 1.