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Emergency Management and Civil Protection Act

ONTARIO REGULATION 82/20

ORDER UNDER SUBSECTION 7.0.2 (4) of the Act - Stage 1 Closures

Historical version for the period June 23, 2020 to June 23, 2020.

Note: This Order is revoked on June 30, 2020, unless it is extended. (See s. 7.0.8 of the Act and O. Reg. 106/20, Sched. 1)

Last amendment: 300/20.

Legislative History: 119/20, 136/20, 153/20, 196/20, 200/20, 203/20, 219/20, 223/20, 238/20, 255/20, 262/20, 280/20, 300/20.

This is the English version of a bilingual regulation.

Whereas an emergency has been declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 at 7:30 a.m. Toronto time pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act (the “Act”) and has been extended pursuant to section 7.0.7 of the Act;

And Whereas the criteria set out in subsection 7.0.2 (2) of the Act have been satisfied;

And Whereas the temporary closure of places of non-essential business is necessary to help protect the health and safety of the people of Ontario in response to the declared emergency;

And Whereas the supply chain with respect to essential goods, services and resources should continue to function to the full extent possible, subject to the Occupational Health and Safety Act and to the advice and recommendations of public health officials, including their recommendations about the importance of physical distancing;

Now Therefore, this Order is made pursuant to paragraphs 5 and 14 of subsection 7.0.2 (4) of the Act and the terms of this Order are set out in Schedules 1, 2 and 3;

And Further, this Order applies within the health units listed in section 0.2 of Schedule 1.

O. Reg. 82/20; O. Reg. 119/20, s. 1-3; O. Reg. 262/20, s. 2.

SCHEDULE 1
stage 1

Effective date of amendments

0.1 (1) The amendments made by Ontario Regulation 119/20 take effect at 11:59 p.m. on Saturday, April 4, 2020.

(2) The amendments made by Ontario Regulation 196/20 take effect at 12:01 a.m. on Monday, May 4, 2020.

(3) The amendments made by subsection 2 (2), section 3, subsection 5 (2), section 7, subsection 9 (1) and section 10 of Ontario Regulation 200/20 take effect at 12:01 a.m. on Friday, May 8, 2020.

(4) The amendments made by section 4 and subsections 5 (1) and 9 (2) of Ontario Regulation 200/20 take effect at 12:01 a.m. on Saturday, May 9, 2020.

(5) The amendments made by subsections 2 (1) and 5 (3), sections 6 and 8 and subsection 9 (3) of Ontario Regulation 200/20 take effect at 12:01 a.m. on Monday, May 11, 2020.

(6) The amendments made by Ontario Regulation 219/20 take effect at 12:01 a.m. on Saturday, May 16, 2020.

(7) The amendments made by Ontario Regulation 223/20 take effect at 12:01 a.m. on Tuesday, May 19, 2020.

(8) The amendments made by Ontario Regulation 238/20 take effect at 12:01 a.m. on Sunday, May 31, 2020.

(9) The amendments made by Ontario Regulation 255/20 take effect at 12:01 a.m. on Friday, June 5, 2020.

(10) The amendments made by Ontario Regulation 262/20 take effect at 12:01 a.m. on Friday, June 12, 2020.

(11) The amendments made by Ontario Regulation 280/20 take effect at 12:01 a.m. on Friday, June 19, 2020.

(12) The amendments made by Ontario Regulation 300/20 take effect at 12:01 a.m. on Wednesday, June 24, 2020.

Application

0.2 This Order applies within the following health units, as that term is defined in the Health Protection and Promotion Act:

1., 2. Revoked: O. Reg. 300/20, s. 2.

3. Windsor-Essex County Health Unit.

Closures

1. (1) Beginning at 11:59 p.m. on Saturday, April 4, 2020, each person responsible for a place of business that is not listed in Schedule 2 shall ensure that the place of business is closed.

(1.1) Revoked: O. Reg. 223/20, s. 2.

(2) Despite subsection (1), temporary access to a closed place of business that is not listed in Schedule 2 is authorized, unless otherwise prohibited by any applicable law, for the purposes of,

(a) performing work at the place of business in order to comply with any applicable law;

(a.1) preparing the place of business to be reopened;

(b) allowing for inspections, maintenance and repairs to be carried out at the place of business;

(c) allowing for security services to be provided at the place of business; and

(d) attending at the place of business temporarily,

(i) to deal with other critical matters relating to the closure of the place of business, if the critical matters cannot be attended to remotely; or

(ii) to access materials, goods or supplies that may be necessary for the business to be operated remotely.

(3) Nothing in this Order precludes a business from operating remotely, without attending at the place of business, for the purpose of,

(a) providing goods by mail or other forms of delivery or making goods available for pick-up; and

(b) providing services online, by telephone or other remote means.

(4) Revoked: O. Reg. 262/20, s. 6 (2).

(5) Nothing in this Order precludes operations or delivery of services by the following in Ontario, regardless of whether or not they are listed in Schedule 2:

1. Any government.

2. Any person or publicly-funded agency or organization that delivers or supports government operations and services, including operations and services of the health care sector.

(6) For the purposes of this Order,

“essential business” means a business listed in Schedule 2.

O. Reg. 82/20, Sched. 1; O. Reg. 119/20, s. 4, 5; O. Reg. 196/20, s. 1; O. Reg. 200/20, s. 1, 2; O. Reg. 219/20, s. 1; O. Reg. 223/20, s. 1, 2; O. Reg. 238/20, s. 1; O. Reg. 255/20, s. 1; O. Reg. 262/20, s. 3-6; O. Reg. 280/20, s. 1, 2; O. Reg. 300/20, s. 1, 2.

SCHEDULE 2
Stage 1 Businesses

Supply chains

1. Businesses that supply other essential businesses or essential services within Ontario, or that supply businesses or services that have been declared essential in a jurisdiction outside of Ontario, with the support, products, supplies, systems, or services, including processing, packaging, warehousing, distribution, delivery, and maintenance necessary to operate.

Food

2. Businesses that primarily sell food, beverages and consumer products necessary to maintain households and businesses including:

i. Supermarkets and grocery stores.

ii. Convenience stores.

iii. Discount and big box retailers selling groceries.

iv. Restaurants (take-out, drive-through and delivery service only).

v. Beer and wine and liquor stores.

Consumer products

2.1 Businesses that sell,

i. motor vehicles, including cars, trucks and motorcycles,

ii. recreational vehicles, including motor homes,

iii. trailers and travel trailers,

iv. boats and other watercraft, or

v. other motorized vehicles, including power-assisted bicycles, golf carts, scooters, snowmobiles and all-terrain vehicles.

2.2 Garden centres and plant nurseries, including greenhouses that engage in retail sales to the public.

2.3 Hardware stores.

2.4 Safety supply stores.

2.5 Businesses that engage in the retail sale, or rental, of items to the public, that have a public entrance that opens onto a street or exterior sidewalk and that are in compliance with section 2 of Schedule 3.

Services

3. Pharmacies.

3.1 Public libraries that are in compliance with section 2.1 of Schedule 3.

4. Gas stations and other fuel suppliers.

4.1 Automated and self-service car washes.

5. Laundromats and drycleaners.

5.1 Lawn care services and landscaping services.

6. Security services for residences, businesses and other properties.

6.1 Domestic services that support the operation of households, including housekeeping, cooking, indoor and outdoor cleaning and maintenance services.

7. Vehicle and equipment repair and essential maintenance and vehicle and equipment rental services.

8. Courier, postal, shipping, moving and delivery services.

9. Funeral and related services.

10. Staffing services including providing temporary help.

11. Veterinary services and other businesses that provide for the health and welfare of animals, including farms, boarding kennels, stables, animal shelters, zoos, aquariums and research facilities.

11.1 Businesses that provide pet services, including pet grooming services, pet sitting services, pet walking services and pet training services, including services for the training and provision of service animals.

12. Home child care services of up to six children as permitted under the Child Care and Early Years Act, 2014 and child care centres.

13. Hotels, motels, lodges, cabins, cottages, resorts and other shared rental accommodation including student residences, except for any pools, fitness centres, meeting rooms and other recreational facilities that may be part of the operations of these businesses.

13.1 Seasonal campgrounds that are in compliance with section 3.1 of Schedule 3.

13.2 Golf courses and outdoor golf driving ranges that are in compliance with section 2.2 of Schedule 3.

13.3 Day camps for children that are in compliance with section 3.2 of Schedule 3.

13.4 Community centres, or facilities for indoor sports and recreational fitness activities, that are exclusively opened for the purpose of providing space for day camps for children described in paragraph 13.3.

14. Cheque cashing services.

15. Revoked: O. Reg. 200/20, s. 5 (3).

Financial services

16. Businesses that provide the following financial services:

i. Capital markets and related securities trading and advisory services.

ii. Banking/credit union activities including credit intermediation.

iii. Insurance.

iv. Land registration services.

v. Real estate agent services.

vi. Pension and benefits payment services.

vii. Financial services including payroll and payment processing and accounting and tax services.

Telecommunications and IT infrastructure/service providers

17. Information Technology (IT) services, including online services, software products and the facilities necessary for their operation and delivery.

18. Telecommunications providers and services (phone, internet, radio, cell phones etc.) and facilities necessary for their operation and delivery.

19. Newspapers, radio and television broadcasting.

Maintenance

20. Maintenance, repair and property management services that manage and maintain the safety, security, sanitation and operation of institutional, commercial, industrial and residential properties and buildings.

Transportation services

21. Businesses and facilities that provide transportation services, including,

i. transportation services provided by air, water, road, and rail, including taxis and other private transportation providers, and

ii. support services for transportation services, including,

A. logistical support, distribution services, warehousing and storage, truck stops and tow operators,

B. services that support the operations and safety of transportation systems including maintenance and repairs, and

C. marinas, boating clubs and other organizations that maintain docking facilities for members or patrons and that are in compliance with section 5 of Schedule 3.

22. Businesses that provide and support online retail, including by providing warehousing, storage and distribution of goods that are ordered online.

Manufacturing

23. Businesses that extract, manufacture, process and distribute goods, products, equipment and materials, including businesses that manufacture inputs to other manufacturers (e.g. primary metal/ steel, blow molding, component manufacturers, chemicals, etc. that feed the end-product manufacturer), regardless of whether those other manufacturers are inside or outside of Ontario, together with businesses that support and facilitate the movement of goods within integrated North American and global supply chains.

Agriculture and food production

24. Businesses that produce food and beverages, and agricultural products including plants, including by farming, harvesting, aquaculture, hunting and fishing.

25. Businesses that process, manufacture or distribute food, beverages, crops, agricultural products, animal products and by-products.

26. Businesses that support the food or agricultural products supply chains and the health and safety of food, animals and plants.

Construction

27. Construction activities or projects and related services that support construction activities or projects, including demolition services.

28. Land surveyors.

28.1 Revoked: O. Reg. 223/20, s. 9.

Education and training

29. Universities, colleges of applied arts and technology, private career colleges and other post-secondary institutions that are in compliance with section 5.1 of Schedule 3.

29.1, 29.2 Revoked: O. Reg. 223/20, s. 9.

30. Persons approved to provide training for apprenticeship programs under paragraph 5 of section 64 of the Ontario College of Trades and Apprenticeship Act, 2009.

30.1 Revoked: O. Reg. 223/20, s. 9.

31. Providers of in-person pre-apprenticeship programs.

31.1 Providers of in-person health and safety training.

Resources and energy

32. Businesses that provide and ensure the domestic and global continuity of supply of resources, including mining, forestry, aggregates, petroleum, petroleum by-products and chemicals.

33. Electricity generation, transmission, distribution and storage and natural gas distribution, transmission and storage.

Community services

34. Businesses that deliver or support the delivery of services including:

i. Sewage treatment and disposal.

ii. Collecting, transporting, storing, processing, disposing or recycling of any type of waste.

iii. Potable drinking water.

iv. Critical infrastructure repair and maintenance including roads, dams, bridges etc.

v. Environmental rehabilitation, management and monitoring, and spill clean-up and response.

vi. Administrative authorities that regulate and inspect businesses.

vii. Professional and social services that support the legal and justice system.

viii. Government services including but not limited to policing and law enforcement, fire and emergency services, paramedics, coroner and pathology services, corrections and court services, licences and permits.

ix. Allotment gardens or community gardens.

Sports

34.1 Training facilities that meet the following conditions:

i. They are operated by a sports team in one of the following leagues:

A. Canadian Football League.

B. Major League Baseball.

C. Major League Soccer.

D. National Basketball Association.

E. National Hockey League.

ii. They are in compliance with section 6 of Schedule 3.

34.2 The following facilities for outdoor sports and activities that are in compliance with section 7 of Schedule 3:

i. Baseball diamonds.

i.1 Batting cages.

ii. Soccer fields.

iii. Tennis, platform tennis, table tennis and pickleball courts.

iv. Basketball courts.

v. BMX parks.

vi. Skate parks.

vii. Motorsport tracks.

viii. Frisbee golf locations.

ix. Cycling tracks and bike trails.

x. Horse riding facilities.

xi. Shooting ranges, including those operated by rod and gun clubs.

34.3 The following facilities for indoor sports and activities that are in compliance with section 7 of Schedule 3:

i. Indoor golf driving ranges.

ii. Indoor horse riding facilities.

iii. Indoor shooting ranges, including those operated by rod and gun clubs.

34.4 Facilities, other than pools, that are in compliance with section 8 of Schedule 3 and that are being used by one or more of the following organizations, leagues or clubs to train amateur or professional athletes or to run amateur or professional athletic competitions:

i. A national sport organization funded by Sport Canada or a member club of such an organization.

ii. A provincial sport or multi-sport organization recognized by the Ministry of Heritage, Sport, Tourism and Culture Industries or a member club of such an organization.

iii. A professional sport league or a member club of such a league.

iv. Any national sport organization that is a member of, or is recognized by, either the Canadian Olympic Committee or the Canadian Paralympic Committee or a member club of such an organization.

34.5 Horse racing tracks that are in compliance with section 9 of Schedule 3.

Research

35. Businesses and organizations that maintain research facilities and engage in research, including medical research and other research and development activities.

Health care and social services

36. Organizations and providers that deliver home care services or personal support services to seniors and persons with disabilities.

37. Businesses that sell, rent or repair assistive/mobility/medical devices, aids and/or supplies.

38. Regulated health professionals.

38.1 Professionals or organizations that provide in-person counselling services.

39. Organizations that provide health care including retirement homes, hospitals, clinics, long-term care facilities, independent health facilities and mental health and addictions counselling supports.

40. Laboratories and specimen collection centres.

41. Manufacturers, wholesalers, distributors and retailers of pharmaceutical products and medical supplies, including medications, medical isotopes, vaccines and antivirals, medical devices and medical supplies.

42. Manufacturers, distributors and businesses that provide logistical support of or for products and/or services that support the delivery of health care in all locations.

43. Organizations that provide critical personal support services in home or residential services for individuals with physical disabilities.

44. Not-for profit organizations that support the provision of food, shelter, safety or protection, and/or social services and other necessities of life to economically disadvantaged and other vulnerable individuals.

Media industries

45. Sound recording, production, publishing and distribution businesses.

46. Film and television post-production, visual effects and animation studios.

47. Book and periodical production, publishing and distribution businesses.

48. Interactive digital media businesses, including,

i. computer system software or application developers and publishers, and

ii. video game developers and publishers.

Entertainment

49. Drive-in cinemas that were in existence as of May 29, 2020 and that are in compliance with section 10 of Schedule 3.

O. Reg. 119/20, s. 6; O. Reg. 136/20, s. 1; O. Reg. 153/20, s. 1, 2; O. Reg. 196/20, s. 2-11; O. Reg. 200/20, s. 3-7; O. Reg. 219/20, s. 2, 3; O. Reg. 223/20, s. 3-13; O. Reg. 238/20, s. 2, 3; O. Reg. 255/20, s. 2; O. Reg. 262/20, s. 7-13.

Schedule 3
Applicable Requirements

Compliance

1. (1) The person responsible for a place of business that is open shall ensure that the business operates in accordance with all applicable laws, including the Occupational Health and Safety Act and the regulations made under it.

(2) The person responsible for a place of business that is open shall operate the business in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

Places of business that engage in the retail sale or rental of items to the public

2. (1) The person responsible for a place of business that engages in the retail sale, or rental, of items to the public, other than a business described in paragraph 2, 2.1, 2.2, 2.3, 2.4, 3 or 4 of Schedule 2, shall use one or more of the following methods to ensure that persons in the place of business can maintain physical distancing of at least two metres from each other at all times:

1. Using alternative methods of sale such as curb side pick-up or delivery.

2. Operating by appointment.

3. Limiting the number of people who may be in the place of business at any one time.

(2) A person responsible for a place of business described in subsection (1) that has a fitting room shall ensure that the fitting room remain closed unless,

(a) the fitting room stalls are equipped with a solid door that may be closed;

(b) customers are not permitted to occupy adjacent fitting room stalls at any one time; and

(c) the fitting room stalls are cleaned and disinfected after each use.

Public libraries

2.1 Every person responsible for a public library shall ensure that the library is closed to the public and that only on-line services, curb-side pickup and the return and delivery of circulating library materials are provided.

Boarding kennels and stables

2.1.1 For greater certainty, nothing in this Order precludes a person responsible for a boarding kennel or stable from allowing an animal’s owner to visit the animal, assist in the care or feeding of the animal or, as applicable, ride the animal.

Golf courses and outdoor golf driving ranges

2.2 (1) Every person responsible for a golf course or outdoor golf driving range shall ensure that any clubhouse, restaurant, pool, meeting room, fitness centre or other recreational facility on the premises remains closed to the public.

(2) Subsection (1) does not apply to any portion of a building that,

(a) is used to provide first aid services;

(b) contains a washroom; or

(c) provides access to an area described in clause (a) or (b).

(3) Subsection (1) does not prohibit a restaurant on the premises from providing take-out or delivery service.

3. Revoked: O. Reg. 255/20, s. 3.

Seasonal campgrounds

3.1 Every person responsible for a seasonal campground shall ensure that,

(a) campsites are made available only for trailers and recreational vehicles that,

(i) are used by individuals who do not have another residence in Canada and are in need of housing during the emergency period, or

(ii) are permitted to be there by the terms of a full season contract;

(b) only campsites with electricity, water service and facilities for sewage disposal are provided for use;

(c) all recreational facilities in the campground, and all other shared facilities in the campground such as washrooms, are closed; and

(d) other areas of the seasonal campground are closed to the general public and are only opened for the purpose of preparing the seasonal campground for reopening.

Day camps for children

3.2 Every person responsible for a day camp for children shall ensure that it is operated in a manner consistent with the safety guidelines for COVID-19 for summer day camps produced by the Office of the Chief Medical Officer of Health.

Open houses prohibited

4. Every person who is responsible for a business that provides real estate agent services shall ensure that the business does not host, provide or support any open house events.

Marinas, boating clubs, etc.

5. (1) Every person responsible for a marina, boating club or other organization that maintains docking facilities for members or patrons shall ensure that any clubhouse, restaurant, pool, meeting room, fitness centre or other recreational facility on the premises remains closed to the public.

(2) Subsection (1) does not apply to any portion of a building that,

(a) is used to provide first aid services;

(b) contains a washroom; or

(c) provides access to an area described in clause (a) or (b).

(3) Subsection (1) does not prohibit a restaurant on the premises from providing take-out or delivery service.

(4) For greater certainty, nothing in this Order precludes a person responsible for a marina, boating club or other organization that maintains docking facilities for members or patrons from operating a grocery or convenience store on the premises or from providing fuel supply, watercraft repair and servicing, watercraft docking and watercraft launching services.

Post-secondary institutions

5.1 (1) Every person responsible for a university, college of applied arts and technology, private career college or other post-secondary institutions shall ensure that it does not provide in-person teaching and instruction except in accordance with subsection (2).

(2) On or after July 2, 2020, in-person teaching and instruction may be provided for students that,

(a) are enrolled in the institution; and

(b) would be eligible to graduate if they complete components of their program that can only be delivered through the in-person teaching and instruction.

Sports team training facilities

6. Every sports team that operates a training facility described in paragraph 34.1 of Schedule 2 for use by its players shall ensure that,

(a) the facility may only be used if,

(i) the team’s league has established a health and safety protocol for the use of training facilities, and

(ii) the training facility is operated in compliance with the health and safety protocol; and

(b) the only persons permitted to enter and use the facility are,

(i) players on the team who are using the facility for the purposes of training or conditioning, and

(ii) such staff as are strictly necessary to operate the facility and support the training or conditioning of the players.

Indoor or outdoor sports facilities

7. (1) Every person responsible for a facility described in paragraph 34.2 or 34.3 of Schedule 2 shall ensure that,

(a) any person who enters or uses the facility maintains a physical distance of at least two metres from any other person who is using the facility;

(b) team sports are not practised or played within the facility;

(c) other sports or games that are likely to result in individuals coming within two metres of each other are not practised or played within the facility; and

(d) any locker rooms, change rooms, showers and clubhouses in the facility remain closed, except to the extent they provide access to a washroom or a portion of the facility that is used to provide first aid.

(2) Every person responsible for an outdoor batting cage described in subparagraph 34.2 i.1 of Schedule 2 shall ensure that players bring their own equipment to use the cage and shall not rent or loan any equipment to players.

Facilities for athletic training or competitions

8. Every person responsible for a facility described in paragraph 34.4 of Schedule 2 shall ensure that,

(a) the only persons permitted to use the facility are athletes who are members of an organization, league or club described in paragraph 34.4 of Schedule 2;

(b) any person who enters or uses the facility maintains a physical distance of at least two metres from any other person who is using the facility;

(c) team sports and pool-based sports are not practised or played within the facility;

(d) other sports or games that are likely to result in individuals coming within two metres of each other are not practised or played within the facility;

(e) all sport activities are conducted in accordance with the rules and policies of the applicable organization identified in paragraph 34.4 of Schedule 2, including the rules and policies put in place to enable a safe return to the sport;

(f) no spectators are permitted at the facility, other than up to one accompanying parent, guardian or other adult for each athlete under the age of 18; and

(g) any locker rooms, change rooms, showers and clubhouses in the facility remain closed, except to the extent they provide access to a washroom or a portion of the facility that is used to provide first aid.

Horse racing tracks

9. Every person responsible for a horse racing track shall ensure that it is closed to spectators.

Drive-in cinemas

10. Every person responsible for a drive-in cinema shall ensure the following:

1. Each person in attendance at the drive-in cinema, other than persons working at the drive-in cinema, must remain within a motor vehicle designed to be closed to the elements except,

i. where necessary to purchase admission to the drive-in cinema,

ii. where necessary to use a washroom, or

iii. as may otherwise be required for the purposes of health and safety.

2. A person must not be in a motor vehicle at the drive-in cinema that contains members of more than one household.

3. The driver of a motor vehicle at the drive-in cinema must ensure that it is positioned at least two metres away from other motor vehicles.

4. Every person working at the drive-in cinema must remain at least two metres apart from motor vehicles and from other persons, except for the purposes of facilitating the purchase of admission to the drive-in cinema.

5. Any washrooms that are open for use at the drive-in cinema must be cleaned and disinfected as frequently as is necessary to maintain a sanitary environment.

6. No food or beverages may be sold or provided to persons attending the drive-in cinema.

7. No materials may be exchanged between persons at the drive-in cinema, except,

i. materials exchanged between members of the same household,

ii. materials exchanged between persons who are working at the drive-in cinema, and

iii. such materials as are necessary to facilitate the purchase of admission to the drive-in cinema.

O. Reg. 119/20, s. 7; O. Reg. 153/20, s. 3; O. Reg. 196/20, s. 12-14; O. Reg. 200/20, s. 8-10; O. Reg. 203/20, s. 1; O. Reg. 219/20, s. 4-7; O. Reg. 223/20, s. 14-20; O. Reg. 238/20, s. 4, 5; O. Reg. 255/20, s. 3; O. Reg. 262/20, s. 14-17; O. Reg. 300/20, s. 3.