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O. Reg. 82/20: RULES FOR AREAS IN STAGE 1

under Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17

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

ONTARIO REGULATION 82/20

formerly under Emergency Management and Civil Protection Act

Rules for Areas in Stage 1

Historical version for the period February 5, 2021 to February 7, 2021.

Last amendment: 57/21.

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, 303/20, 350/20, 413/20, 654/20, 685/20, 707/20, 708/20, 738/20, 779/20 (as am. by 789/20 and 10/21), 789/20, 3/21, 6/21, 10/21 (as am. by 21/21 and 56/21), 14/21, 21/21, 26/21; 36/21, 37/21, 38/21, 39/21, 40/21, 50/21, 56/21, 57/21.

This is the English version of a bilingual regulation.

CONTENTS

1.

Terms of Order

3.

Application

3.1

Grey Zone

4.

Indoor vs. outdoor

Schedule 1

General rules

Schedule 2

Businesses that may open

Schedule 3

Places that must close or that are subject to conditions

Schedule 4

Organized public events, certain gatherings

Schedule 5

Individuals eligible for emergency child care

 

Terms of Order

1. The terms of this Order are set out in Schedules 1, 2, 3, 4 and 5. O. Reg. 779/20, s. 1.

2. Revoked: O. Reg. 654/20, s. 2.

Application

3. (1) This Order applies to the areas listed in Schedule 1 to Ontario Regulation 363/20 (Stages of Reopening) made under the Act. O. Reg. 413/20, s. 3.

(2) This Order applies throughout the Grey Zone. O. Reg. 779/20, s. 2.

Grey Zone

3.1 In this Order, a reference to the Grey Zone is a reference to all areas listed as being in the Grey Zone of Stage 1 in section 1 of Schedule 1 to Ontario Regulation 363/20 (Stages of Reopening) made under the Act. O. Reg. 779/20, s. 3.

Indoor vs. outdoor

4. (1) The outdoor capacity limits set out in this Order apply to a business, place, event or gathering if the people attending it are only permitted to access an indoor area,

(a) to use a washroom;

(b) to access an outdoor area that can only be accessed through an indoor route; or

(c) as may be necessary for the purposes of health and safety. O. Reg. 654/20, s. 3.

(2) The indoor capacity limits set out in this Order apply to a business, place, event or gathering if the business, place, event or gathering is fully or partially indoors. O. Reg. 654/20, s. 3.

(3) An indoor event or gathering cannot be combined with an outdoor event or gathering so as to increase the applicable limit on the number of people at the event or gathering. O. Reg. 654/20, s. 3.

SCHEDULE 1
General Rules

Closures

1. (1) Each person responsible for a business, or a part of a business, that is not listed in Schedule 2 or 3 shall ensure that the business, or part of the business, is closed.

(2) Each person responsible for a business, or part of a business, that is listed in Schedule 2 or 3 subject to conditions shall ensure that the business, or part of the business, either meets those conditions or is closed.

(3) Each person responsible for a place, or a part of a place, that is required to be closed by Schedule 3 shall ensure that the place, or part of the place, is closed in accordance with that Schedule.

(4) Each person responsible for a place, or a part of a place, that is listed in Schedule 3 subject to conditions shall ensure that the place, or part of a place, either meets those conditions or is closed.

(5) Each person responsible for a business or place, or part of a business or place, that does not comply with sections 2 to 11 of this Schedule shall ensure that it is closed.

(6) Despite subsections (1) to (5), temporary access to a business or place, or part of a business or place, that is required to be closed is authorized, unless otherwise prohibited by any applicable law, for the purposes of,

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

(b) preparing the business or place to be reopened;

(c) allowing for inspections, maintenance or repairs to be carried out at the business or place;

(d) allowing for security services to be provided at the business or place; and

(e) attending at the business or place temporarily,

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

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

(7) Nothing in this Order precludes a business or organization from operating remotely for the purpose of,

(a) providing goods by mail or other forms of delivery; and

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

(8) Nothing in this Order precludes a business or place from providing access to an outdoor recreational amenity that is permitted to open under section 4 of Schedule 3, including by opening such limited areas of the business or place as are necessary to enable access.

(9) Nothing in this Order precludes operations or delivery of services by the following in Ontario:

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.

General compliance

2. (1) The person responsible for a business or organization that is open shall ensure that the business or organization operates in accordance with all applicable laws, including the Accessibility for Ontarians with Disabilities Act, 2005 and the Occupational Health and Safety Act and the regulations made under them.

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

(3) The person responsible for a business or organization that is open shall operate the business or organization in compliance with the advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health on screening individuals and on working remotely.

(4) The person responsible for a business or organization that is open shall ensure that any person in the indoor area of the premises of the business or organization, or in a vehicle that is operating as part of the business or organization, wears a mask or face covering in a manner that covers their mouth, nose and chin during any period when they are in the indoor area unless the person in the indoor area,

(a) is a child who is younger than two years of age;

(b) is attending a school or private school within the meaning of the Education Act that is 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;

(c) is attending a child care program at a place that is in compliance with the child care re-opening guidance issued by the Ministry of Education;

(d) is receiving residential services and supports in a residence listed in the definition of “residential services and supports” in subsection 4 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008;

(e) is in a correctional institution or in a custody and detention program for young persons in conflict with the law;

(f) is performing or rehearsing in a film or television production or in a concert, artistic event, theatrical performance or other performance;

(g) has a medical condition that inhibits their ability to wear a mask or face covering;

(h) is unable to put on or remove their mask or face covering without the assistance of another person;

(i) needs to temporarily remove their mask or face covering while in the indoor area,

(i) to receive services that require the removal of their mask or face covering,

(ii) to engage in an athletic or fitness activity,

(iii) to consume food or drink, or

(iv) as may be necessary for the purposes of health and safety;

(j) is being accommodated in accordance with the Accessibility for Ontarians with Disabilities Act, 2005;

(k) is being reasonably accommodated in accordance with the Human Rights Code; or

(l) performs work for the business or organization, is in an area that is not accessible to members of the public and is able to maintain a physical distance of at least two metres from every other person while in the indoor area.

(5) Subsection (4) does not apply with respect to premises that are used as a dwelling if the person responsible for the business or organization ensures that persons in the premises who are not entitled to an exception set out in subsection (4) wear a mask or face covering in a manner that covers their mouth, nose and chin in any common areas of the premises in which persons are unable to maintain a physical distance of at least two metres from other persons.

(6) For greater certainty, it is not necessary for a person to present evidence to the person responsible for a business or place that they are entitled to any of the exceptions set out in subsection (4).

(7) A person shall wear appropriate personal protective equipment that provides protection of the person’s eyes, nose and mouth if, in the course of providing services, the person,

(a) is required to come within two metres of another person who is not wearing a mask or face covering in a manner that covers that person’s mouth, nose and chin during any period when that person is in an indoor area; and

(b) is not separated by plexiglass or some other impermeable barrier from a person described in clause (a).

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).

Capacity limits for businesses or facilities open to the public

3. (1) Subject to any additional restrictions set out in this Order, the person responsible for a place of business or facility that is open to the public shall limit the number of persons in the place of business or facility so that,

(a) the members of the public are able to maintain a physical distance of at least two metres from every other person in the business or facility; and

(b) the total number of members of the public in the business or facility at any one time does not exceed 50 per cent capacity, as determined in accordance with subsection (2).

(2) For the purposes of this Order, the maximum number of members of the public permitted in a business or facility that is operating at 50 per cent capacity is determined by taking the total square metres of floor area accessible to the public in the business or facility, not including shelving and store fixtures, dividing that number by 8 and rounding the result down to the nearest whole number.

(3) For the purposes of this Order, the maximum number of members of the public permitted in a business or facility that is operating at 25 per cent capacity is determined by taking the total square metres of floor area accessible to the public in the business or facility, not including shelving and store fixtures, dividing that number by 16 and rounding the result down to the nearest whole number.

(4) For greater certainty, subsection (1) does not require persons who are in compliance with public health guidance on households to maintain a physical distance of at least two metres from each other while in a place of business or facility.

(5) The person responsible for a place of business or facility that engages in retail sales to the public must post a sign in a conspicuous location visible to the public that states the maximum capacity they are permitted to operate under.

(6) Subsection (1) does not apply to schools and private schools within the meaning of the Education Act that are,

(a) operating 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

(b) operated by,

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

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

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

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.

Physical distancing and masks or face coverings in lines, etc.

4. The person responsible for a business or place that is open must not permit patrons to line up inside the business or place, or to line up or congregate outside of the business or place, unless they are,

(a) maintaining a physical distance of at least two metres from other groups of persons; and

(b) wearing 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).

Safety plan

5. (1) The person responsible for a business that is open shall prepare and make available a safety plan in accordance with this section or ensure that one is prepared and made available.

(2) The safety plan shall describe the measures and procedures which have been implemented or will be implemented in the business to reduce the transmission risk of COVID-19.

(3) Without limiting the generality of subsection (2), the safety plan shall describe how the requirements of this Order will be implemented in the location including by screening, physical distancing, masks or face coverings, cleaning and disinfecting of surfaces and objects, and the wearing of personal protective equipment.

(4) The safety plan shall be in writing and shall be made available to any person for review on request.

(5) The person responsible for the business shall ensure that a copy of the safety plan is posted in a conspicuous place where it is most likely to come to the attention of individuals working in or attending the business.

Short-term rentals

6. (1) Every person who provides short term rental accommodation shall ensure that any rentals are only provided to individuals who are in need of housing.

(2) Subsection (1) does not apply with respect to hotels, motels, lodges, resorts and other shared rental accommodation, including student residences, but does apply with respect to cabins and cottages.

(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.

Meeting or event space

7. (1) The person responsible for a business or place that is open may only rent out meeting or event space if the meeting or event space is only rented out,

(a) Revoked: O. Reg. 779/20, s. 4 (7).

(b) for the purpose of a child care centre or authorized recreational and skill building program within the meaning of the Child Care and Early Years Act, 2014;

(c) for the purpose of the provision of social services;

(c.1) for the purpose of collective bargaining, so long as no more than ten people are permitted to occupy the rented space;

(d) for the purpose of delivering or supporting the delivery of court services;

(e) for operations by or on behalf of a government;

(f) for the purpose of delivering or supporting the delivery of government services; or

(g) for the purpose of delivering or supporting mental health support services or addictions support services, so long as no more than ten people are permitted to occupy the rented space.

(2) The person responsible for a business or place that is open shall,

(a) record the name and contact information of every member of the public who attends a meeting or event;

(b) maintain the records for a period of at least one month; and

(c) 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.

(3) Subsection (2) does not apply to the rental of meeting or event space for the purpose of delivering or supporting the delivery of court services.

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 9 p.m.; and

(b) no consumption of liquor is permitted in the business or place between the hours of 10 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 56.1 of Regulation 719 (Licences to Sell Liquor) made under the Liquor Licence Act; and

(b) the sale of liquor for delivery in accordance with section 56.2 of Regulation 719 (Licences to Sell Liquor) made under the Liquor Licence Act.

Driving instruction

9. (1) The person responsible for a business or place shall ensure that no in-person driving instruction is provided by or at the business or place.

(2) Subsection (1) does not apply to in-person driving instruction for drivers of commercial motor vehicles,

(a) where the instruction is part of the Ontario Driver Certification Program administered by the Ministry of Transportation and involves the operation of motor vehicles for which,

(i) a class of driver’s licence other than Class G, G1, G2, M, M1 or M2 is required, or

(ii) an air brake endorsement is required; or

(b) that is provided by a private career college that is in compliance with section 2 of Schedule 3.

(3) In this section,

“commercial motor vehicle” has the same meaning as in subsection 1 (1) of the Highway Traffic Act.

Cleaning requirements

10. (1) The person responsible for a business or place that is open shall ensure that,

(a) any washrooms, locker rooms, change rooms, showers or similar amenities made available to the public are cleaned and disinfected as frequently as is necessary to maintain a sanitary condition; and

(b) any equipment that is rented to, provided to or provided for the use of members of the public must be cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.

(2) For greater certainty, clause (1) (b) applies to computers, electronics and other machines or devices that members of the public are permitted to operate.

NHL

11. (1) In this section,

“NHL” means the National Hockey League; (“LNH”)

“NHL participant” means a person who has been specified as a member of a participant group in the professional sports plan for the NHL; (“participant de la LNH”)

“professional sports plan for the NHL” means the document titled “2020-21 NHL Season COVID-19 Protocol” and any attachments to it approved by the Office of the Chief Medical Officer of Health. (“plan de sports professionnels applicable à la LNH”)

(2) The Office of the Chief Medical Officer of Health may approve a professional sports plan for the NHL.

(3) The professional sports plan for the NHL shall list,

(a) the businesses and places that may be used by NHL participants, which may include,

(i) hotels,

(ii) facilities for indoor or outdoor sports and recreational fitness activities,

(iii) businesses or places that are in hotels or facilities mentioned in subclause (i) or (ii), and

(iv) restaurants or bars; and

(b) persons who are NHL participants.

(4) A business or place that is listed in the professional sports plan for the NHL as being available for the use of NHL participants may open for use by NHL participants if the business or place complies with the following conditions:

1. The business or place must operate in accordance with the professional sports plan for the NHL.

2. No spectators may be permitted at the business or place except in accordance with the professional sports plan for the NHL.

3. The business or place must ensure that any other conditions or requirements set out in this section are complied with on the premises of the business or place.

(5) The following provisions do not apply to the provision of goods or services to an NHL participant by a business or place listed in the professional sports plan for the NHL in accordance with clause (3) (a) when they are provided in accordance with the professional sports plan for the NHL:

1. Subsection 2 (4) of Schedule 1, but only in respect of NHL players and coaches.

2. Sections 3, 5 and 7 of Schedule 1.

(6) Businesses and places listed in the professional sports plan for the NHL may provide in-person dining if they meet the conditions set out in paragraphs 2, 4, 6, 8, 9, 10, 12 and 13 of subsection 1 (1) of Schedule 2 to Ontario Regulation 263/20 (Rules for Areas in Stage 2) made under the Act.

(7) Hotels listed in the professional sports plan for the NHL may open indoor pools, indoor fitness centres or other indoor recreational facilities that are part of the operation of the hotels, other than communal steam rooms, saunas and whirlpools, if the following conditions are met:

1. The hotels must ensure that the facilities are open only for the use of NHL participants.

2. The hotels must ensure that the facilities are used in accordance with the professional sports plan for the NHL.

(8) Therapists referred to in the professional sports plan for the NHL may open for the sole purpose of providing services to NHL players and shall provide such services in accordance with the professional sports plan for the NHL.

(9) Television productions relating to NHL games that are in compliance with the professional sports plan for the NHL may open, and the conditions set out in paragraphs 1 to 4 of section 63 of Schedule 2 do not apply to such television productions.

O. Reg. 654/20, s. 4; O. Reg. 685/20, s. 1; O. Reg. 738/20, s. 1; O. Reg. 779/20, s. 4; O. Reg. 3/21, s. 1, 2; O. Reg. 6/21, s. 1; O. Reg. 10/21, s. 1; O. Reg. 37/21, s. 1.

Schedule 2
Businesses that may Open

Supply chains

1. Businesses that supply businesses or places that are permitted to open 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.

Retailers

2. (1) The following businesses that engage in retail sales to the public:

1. Supermarkets, grocery stores, convenience stores, indoor farmers’ markets and other stores that primarily sell food, other than establishments described in section 6.

2. Pharmacies.

(2) Nothing in paragraph 1 of subsection (1) permits a business located within an indoor farmer’s market to open unless it is a business that primarily sells food or is described in sections 3 to 6.

(3) For greater certainty, paragraph 1 of subsection (1) includes stores that predominately sell one category of food.

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

1. They sell groceries to the public.

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.

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

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

(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.

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

6. (1) Restaurants, bars, food trucks, concession stands and other food or drink establishments that meet the conditions set out in subsection (2).

(2) A business described in subsection (1) may open only for the purpose of providing take-out, drive-through or delivery service.

(3) Despite subsection (2), the following establishments may provide in-person dining if they meet the conditions set out in paragraphs 1, 2, 3, 4, 6, 8, 9, 10, 12, and 13 of subsection 1 (1) of Schedule 2 to Ontario Regulation 263/20 (Rules for Areas in Stage 2):

1. Establishments on hospital premises.

2. Establishments in airports.

3. Establishments located within a business or place where the only patrons permitted at the establishment are persons who perform work for the business or place in which the establishment is located.

7. Nightclubs and strip clubs that open solely as food or drink establishments and that comply with the conditions set out in section 6.

8. (1) Shopping malls that comply with the following conditions:

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 (2) or (3),

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.

2. 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.

3. 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.

(2) 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.

(3) 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 pick up orders from an outdoor designated location without making a prior appointment.

(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.

9. (1) Businesses that meet the conditions set out in subsection (2) and that sell,

(a) motor vehicles, including cars, trucks and motorcycles;

(b) recreational vehicles, including motor homes;

(c) trailers and travel trailers;

(d) boats and other watercraft; or

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

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

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

2. Members of the public must not be permitted in areas where the products described in subsection (1) are neither sold nor displayed for sale.

3. If members of the public are permitted to test drive any of the vehicles, boats or watercraft,

i. the test drive must be limited to no more than 10 minutes,

ii. a maximum of two people, including up to one sales representative, may be present in the vehicle, boat or watercraft during the test drive, and

iii. if two people who are not members of the same household are present in the vehicle during the test drive, any windows in the vehicle, boat or watercraft must be opened at all times.

4. 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.

10. Outdoor markets, including farmer’s markets and holiday markets, that meet the following conditions:

1. They primarily sell food to the public.

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 pickup or delivery.

3. If an area at the market is covered by a roof, canopy, tent, awning or other element, at least two full sides of the entire area must be open to the outdoors and must not be substantially blocked by any walls or other impermeable physical barriers.

4. If an area at the market is equipped with a retractable roof and the roof is retracted, at least one full side of the area must be open to the outdoors and must not be substantially blocked by any walls or other impermeable physical barriers.

5. 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.

10.1 (1) Businesses not already described in sections 2 to 10 or 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 pickup 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 (2) or (3).

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

4. 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) Despite anything else in this Order, any business that engages in retail sales to the public and that is not already described in sections 2 to 10 or subsection 33 (2) must comply with the conditions set out in subsection (1) of this section.

(3) For greater certainty, cannabis retail stores operating under the authority of a retail store authorization issued under the Cannabis Licence Act, 2018 may open if they comply with the conditions set out in subsection (1).

(4) A business that, as of December 26, 2020, was permitted to be open only in accordance with the conditions described in subsection (1) may only continue to be open in accordance with those conditions whether or not, after that date, it modified its operations or the type of products it sells.

Services

11. Rental and leasing services, including automobile, commercial and light industrial machinery and equipment rental, that only permit members of the public to enter the premises by appointment.

12. Gas stations and other fuel suppliers.

13. Automated and self-service car washes.

14. Laundromats and drycleaners.

15. Snow clearing and landscaping services.

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

17. Domestic services that support children, seniors or vulnerable persons, including housekeeping, cooking, indoor and outdoor cleaning and maintenance services.

18. Vehicle and equipment repair and essential maintenance and vehicle and equipment rental services that only permit members of the public to enter the premises by appointment.

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

20. Funeral and related services.

21. Staffing services including providing temporary help.

22. (1) Veterinary services that are,

(a) necessary for the immediate health and welfare of the animal; or

(b) provided through curbside pickup and drop-off of the animal.

(2) Other businesses that provide services to animals that are necessary for their health and welfare, including farms, boarding kennels, stables, animal shelters and research facilities.

(3) Nothing in this Order precludes a person responsible for a boarding kennel or stable from allowing an animal’s owner or their representative to visit the animal, assist in the care or feeding of the animal or, as applicable, ride the animal where necessary for the health and welfare of the animal.

22.1 (1) Pet grooming businesses that provide the following services and that comply with the conditions set out in subsection (2):

1. Services that are strictly necessary to prevent an animal from requiring foreseeable and reasonably imminent veterinary care.

2. Services that an animal owner has been required to obtain pursuant to an order issued under section 30 of the Provincial Animal Welfare Services Act, 2019 or modified or confirmed under section 38 of that Act.

(2) A pet grooming business may only open to provide services described in subsection (1) if it meets the following conditions:

1. The business only provides the services by appointment.

2. The business permits only one appointment for one animal at a time.

3. The services are provided through curbside pickup and drop-off of the animal.

23. Businesses that provide pet training services exclusively for service animals.

24. (1) Operators and providers of the following:

1. Child care centres that meet the conditions set out in subsection (2).

2. Home child care at a person’s dwelling.

3. Child care described in paragraph 2 of subsection 6 (3) of the Child Care and Early Years Act, 2014 that is provided at a person’s dwelling.

4. Authorized recreational and skill building programs that meet the conditions set out in subsection (3).

(2) A child care centre may open if it meets the following conditions:

1. The centre shall not operate a before or after school program on any school day for a child unless the child’s school is permitted under this Order to provide in-person teaching or instruction to the child on that day.

2. The centre shall not provide child care on school days during typical school hours for a child whose school is not permitted under this Order to provide in-person teaching or instruction to the child on that day and who, immediately before December 21, 2020,

i. was enrolled in school, and

ii. was not registered to attend the centre on those days and during those hours.

3. If the Minister of Education designates a child care centre as an emergency child care centre that provides care for children of individuals listed in Schedule 5, paragraph 2 does not apply with respect to the provision of child care by the centre to the children of those individuals.

(3) A provider of authorized recreational and skill building programs shall not provide such a program to a child on a school day unless the child is enrolled in a school that is permitted under this Order to provide in-person teaching or instruction on that day.

(4) In this section,

“authorized recreational and skill building programs”, “child care”, “child care centre” and “home child care” have the same meaning as in the Child Care and Early Years Act, 2014; (“programme autorisé de loisirs et de développement des compétences”, “garde d’enfants”, “centre de garde”, “services de garde en milieu familial”)

“school day” has the same meaning as in the Education Act. (“jour d’école”)

25. Hotels, motels, lodges, cabins, cottages, resorts and other shared rental accommodation, including student residences, that meet the following condition:

1. Any indoor pools, indoor fitness centres, or other indoor recreational facilities that are part of the operation of these businesses, are closed.

26. (1) Seasonal campgrounds that meet the following conditions:

1. Campsites must be made available only for trailers and recreational vehicles that,

i. are used by individuals who are in need of housing, or

ii. are permitted to be there by the terms of a full season contract.

2. Only campsites with electricity, water service and facilities for sewage disposal may be provided for use.

3. All recreational facilities in the campground and all other shared facilities in the campground, other than washrooms and showers, must be closed.

4. Other areas of the seasonal campground must be closed to the general public and must only be opened for the purpose of preparing the seasonal campground for reopening.

(2) Revoked: O. Reg. 10/21, s. 2 (8).

27. Revoked: O. Reg. 779/20, s. 5 (9).

28. (1) Community centres and multi-purpose facilities that open to provide space for any, some or all of the following and that meet the requirements set out in subsection (2):

1. Revoked: O. Reg. 779/20, s. 5 (10).

2. A child care centre or authorized recreational and skill building program within the meaning of the Child Care and Early Years Act, 2014.

3. Mental health support services or addictions support services, so long as no more than ten people are permitted to occupy the space.

4. The provision of social services.

(2) The person responsible for a community centre or multi-purpose facility that is open shall,

(a) record the name and contact information of every member of the public who attends the community centre or multi-purpose facility;

(b) maintain the records for a period of at least one month; and

(c) 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.

29. Cheque cashing services.

Financial services

30. Businesses that provide the following financial services:

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

2. Banking/credit union activities including credit intermediation.

3. Insurance.

4. Land registration services.

5. Pension and benefits payment services.

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

31. (1) Real estate agent services that do not host, provide or support any open house events.

(2) Nothing in subsection (1) prevents a real estate agency from showing a property by appointment.

Telecommunications and IT infrastructure/service providers

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

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

(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 repairs or technical support.

34. Newspapers, radio and television broadcasting.

Maintenance

35. 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

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

(a) transportation services provided by air, water, road and rail, including taxis and other private transportation providers; and

(b) support services for transportation services, including,

(i) logistical support, distribution services, warehousing and storage, truck stops and tow operators, and

(ii) services that support the operations and safety of transportation systems including maintenance and repairs.

37. (1) Marinas, boating clubs and other organizations that maintain docking facilities for members or patrons that meet the following condition:

1. Any clubhouse, restaurant, pool, meeting room, fitness centre or other recreational facility on the premises must be closed to the public, except for any portion of those areas that,

i. is used to provide first aid services,

ii. is used to provide take-out or delivery service,

iii. contains a washroom, or

iv. provides access to an area described in subparagraph i, ii or iii.

(2) 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.

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

Manufacturing

39. 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

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

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

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

Construction

43. 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,

(i) municipal infrastructure, or

(ii) provincial infrastructure, including but not limited to, the transit, transportation, resource, energy and justice sectors;

(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 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,

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

(iii) provide additional capacity to, or enhance the efficiency or operations of, businesses that extract, manufacture, process and distribute goods, products, equipment and materials.

(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,

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

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

(iii) a municipality;

(m) are,

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

(ii) 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.

44. Land surveyors.

Resources and energy

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

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

Community services

47. Businesses that deliver or support the delivery of community services including,

(a) sewage treatment and disposal;

(b) collecting, transporting, storing, processing, disposing or recycling of any type of waste;

(c) potable drinking water;

(d) critical infrastructure repair and maintenance including roads, dams, bridges, etc.;

(e) environmental rehabilitation, management and monitoring, and spill clean-up and response;

(f) administrative authorities that regulate and inspect businesses;

(g) professional and social services that support the legal and justice system;

(h) 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; and

(i) allotment gardens or community gardens.

Facilities for indoor or outdoor sports and recreational fitness activities

48. (1) Facilities for indoor or outdoor sports and recreational fitness activities that meet the conditions set out in subsection (2) or the conditions set out in subsection (3), as applicable.

Note: On February 8, 2021, subsection 48 (1) of Schedule 2 to the Regulation is revoked and the following substituted: (See: O. Reg. 57/21, s. 1 (1))

Facilities for indoor or outdoor sports and recreational fitness activities

(1) Facilities for indoor or outdoor sports and recreational fitness activities that meet the conditions set out in subsection (2), (3) or (3.1), as applicable.

(2) A facility for indoor or outdoor sports and recreational fitness activities may open if it meets the following conditions:

1. The facility is,

i. operated by, or for the sole use of, persons who are athletes, coaches or officials training or competing to be a part of Team Canada at the next summer or winter Olympic Games or Paralympic Games, if the persons are,

A. identified by a national sport organization that is either funded by Sport Canada or recognized by the Canadian Olympic Committee or the Canadian Paralympic Committee, and

B. permitted to train, compete, coach or officiate under the safety protocols put in place by a national sport organization mentioned in sub-subparagraph A, or

ii. operated by a sports team in one of the following leagues:

A. Canadian Elite Basketball League.

B. Canadian Football League.

C. Major League Baseball.

D. Major League Soccer.

E. National Basketball Association.

F. National Hockey League.

G. National Lacrosse League.

2. If the facility is operated by a sports team, the team’s league must have established a health and safety protocol for the use of training facilities, and the facility must be operated in compliance with the health and safety protocol.

3. The only persons permitted to enter and use the facility must be,

i. players, athletes, coaches or officials 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.

(3) A facility for indoor or outdoor sports and recreational fitness activities may open if it meets the following conditions:

1. The facility must open solely for the purpose of providing space for any, some or all of the following:

i. Revoked: O. Reg. 779/20, s. 5 (13).

ii. A child care centre or authorized recreational and skill building program within the meaning of the Child Care and Early Years Act, 2014.

iii. Mental health support services or addictions support services, so long as no more than ten people are permitted to occupy the space.

iv. The provision of social services.

2. The person responsible for the facility must,

i. record the name and contact information of every member of the public who attends the space described in paragraph 1,

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.

Note: On February 8, 2021, section 48 of Schedule 2 to the Regulation is amended by adding the following subsections: (See: O. Reg. 57/21, s. 1 (2))

(3.1) A facility for indoor or outdoor sports and recreational fitness activities may, but is not required to, open if it meets the following conditions:

1. The facility must be open solely for the purpose of allowing use of the facility by,

i. persons with a disability, within the meaning of the Accessibility for Ontarians with Disabilities Act, 2005, who,

A. have received a written instruction for physical therapy from a regulated health professional who is qualified to provide the instruction, and

B. are not able to engage in the physical therapy elsewhere,

ii. such staff as are strictly necessary to operate the facility and support the provision of the physical therapy, and

iii. such support persons or service animals as may be necessary for the person with a disability.

2. The facility must have established a health and safety protocol for the use of the facility that is consistent with sections 2, 3, 4, 5 and 10 of Schedule 1, and the facility must be operated in compliance with the health and safety protocol.

3. The person responsible for the facility must,

i. record the name and contact information of every person described in paragraph 1 who enters and uses the facility,

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.

(3.2) Despite paragraph 1 of subsection (3) and paragraph 1 of subsection (3.1), a facility may be open for both purposes described subsections (3) and (3.1) if the facility meets the conditions in both subsections.

(4) For greater certainty, no indoor or outdoor sports or recreational classes are permitted at any indoor or outdoor sport and recreational facilities.

Recreation

49. Businesses whose primary purpose is to operate an outdoor recreational amenity that is permitted to open under section 4 of Schedule 3.

50. Horse racing facilities that meet the following conditions:

1. They are only open for training and not for racing.

2. No members of the public are permitted at the facility.

Research

51. 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

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

53. Regulated health professionals.

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

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

56. Laboratories and specimen collection centres.

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

58. 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.

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

60. 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.

61. Businesses that are primarily engaged in the provision of health and safety training and that meet the following conditions:

1. The instructional space for any in-person training must be operated to enable students to maintain a physical distance of at least two metres from every other person in the instructional space, except where necessary for teaching and instruction that cannot be effectively provided if physical distancing is maintained.

2. The total number of students permitted to be in each instructional space at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the business or place, and in any event cannot exceed 10 persons.

Media industries

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

63. (1) Commercial film and television production, including all supporting activities such as hair, makeup and wardrobe, that meet the following conditions:

1. No studio audiences may be permitted to be on the film or television set.

1.1 No more than 10 performers may be permitted to be on the film or television set.

2. The set must be configured and operated in such a way as to enable persons on the set to maintain a physical distance of at least two metres from other persons, except where necessary for the filming of the film or television production.

3. Persons who provide hair or makeup services must wear appropriate personal protective equipment.

4. Singers and players of brass or wind instruments must be separated from any other performers by plexiglass or some other impermeable barrier.

(2) For greater clarity, for the purposes of this section, the film or television set may be located in any business or place, including any business or place that is otherwise required to be closed under this Order.

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

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

66. (1) Commercial and industrial photography.

(2) For greater certainty, subsection (1) does not permit retail photo studios to open.

67. Interactive digital media businesses, including,

(a) computer system software or application developers and publishers; and

(b) video game developers and publishers.

68. Revoked: O. Reg. 10/21, s. 2 (10).

O. Reg. 654/20, s. 4; O. Reg. 708/20, s. 1; O. Reg. 779/20, s. 5; O. Reg. 6/21, s. 2; O. Reg. 10/21, s. 2; O. Reg. 14/21, s. 1; O. Reg. 21/21, s. 1; O. Reg. 38/21, s. 1; O. Reg. 39/21, s. 1; O. Reg. 40/21, s. 1; O. Reg. 50/21, s. 1.

Schedule 3
Places that Must Close or that are subject to Conditions

Public libraries

1. (1) Public libraries are closed to the public, except for the purpose of,

(a) providing for curbside pickup and return of circulating library materials or for the delivery of circulating library materials; or

(b) providing space in accordance with subsection (3).

(2) A public library that is open must ensure that circulating materials returned to the library are disinfected or quarantined for an appropriate period of time before they are recirculated.

(3) A public library may open to provide space for,

(a) a child care centre or authorized recreational and skill building program within the meaning of the Child Care and Early Years Act, 2014;

(b) mental health support services or addictions support services, so long as no more than 10 people are permitted to occupy the space; or

(c) the provision of social services.

(4) The person responsible for a public library shall,

(a) record the name and contact information of every member of the public who attends the space described in subsection (3);

(b) maintain the records for a period of at least one month; and

(c) 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.

Post-secondary institutions

2. (1) Post-secondary institutions may only open if they meet the following conditions:

1. In-person teaching or instruction may only be provided if the following conditions are met:

i. The subject matter of the teaching or instruction requires that it be taught in-person, such as clinical training or training related to a trade.

ii. The instructional space must be operated to enable students to maintain a physical distance of at least two metres from every other person in the instructional space, except where necessary for teaching and instruction that cannot be effectively provided if physical distancing is maintained.

iii. The total number of students permitted to be in each instructional space at the institution at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the business or place, and in any event cannot exceed,

A. 50 persons, in the case of an instructional program described in subsection (1.1), and

B. 10 persons, in any other case.

2. If in-person teaching or instruction at the institution involves singing or the playing of brass or wind instruments,

i. every person who is singing or playing must be separated from every other person by plexiglass or some other impermeable barrier, and

ii. every person in the instructional space must remain at least two metres apart from every other person in the instructional space.

3. Any in-person examinations must be provided in accordance with the following rules:

i. Every person in the examination room must remain at least two metres apart from every other person in the examination room.

ii. The total number of persons who may take the examination in the same room at the same time cannot exceed,

A. 50 persons, in the case of an examination for an instructional program described in subsection (1.1), and

B. 10 persons, in any other case.

(1.1) An instructional program referred to in sub-subparagraphs 1 iii A and 3 ii A of subsection (1) is an instructional program in any of the following fields or an instructional program to train an individual for any of the following occupations, as the case may be:

1. Diagnostic cardiac sonography.

2. Diagnostic medical sonography.

3. Diagnostic ultrasound.

4. Medical imaging.

5. Medical laboratory assistant.

6. Medical laboratory technician.

7. Medical radiation technology.

8. Medicine.

9. Mental health and addictions services, including psychology services, social work services and counselling services.

10. Nursing.

11. Paramedic.

12. Personal support worker, supportive care worker, home care worker or a similar occupation.

13. Pharmacy/pharmacy technician.

14. Public health inspector, if the program is accredited by the Canadian Institute of Public Health Inspectors.

15. Rehabilitation sciences (nutrition, speech language pathology, occupational science, and physiotherapy).

16. Respiratory therapy.

(2) In this section,

“post-secondary institution” means,

(a) a university,

(b) a college of applied arts and technology,

(c) a private career college,

(d) an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017,

(e) an institution that is authorized to grant a degree by an act of the Legislature,

(f) a person who is delivering in-person teaching or instruction in accordance with a consent given under section 4 of the Post-secondary Education Choice and Excellence Act, 2000,

(g) a person approved to provide training for apprenticeship programs under paragraph 5 of section 64 of the Ontario College of Trades and Apprenticeship Act, 2009, or

(h) any other institution that is a designated learning institution within the meaning of section 211.1 of the Immigration and Refugee Protection Regulations (Canada), other than a school or private school within the meaning of the Education Act.

Schools and private schools

3. (1) Schools and private schools within the meaning of the Education Act shall not provide in-person teaching or instruction.

(2) Despite subsection (1), schools and private schools within the meaning of the Education Act 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) Despite subsection (1), schools and private schools may provide in-person teaching or instruction if they meet the following conditions:

1. They must be located in any of the following health units:

0.i City of Ottawa Health Unit.

i. The District of Algoma Health Unit.

i.1 The Eastern Ontario Health Unit.

ii. Grey Bruce Health Unit.

iii. Haliburton, Kawartha, Pine Ridge District Health Unit.

iv. Hastings and Prince Edward Counties Health Unit.

v. Kingston, Frontenac and Lennox and Addington Health Unit.

vi. Leeds, Grenville and Lanark District Health Unit.

vi.1 Middlesex-London Health Unit.

vii. North Bay Parry Sound District Health Unit.

viii. Northwestern Health Unit.

viii.1 Oxford Elgin St. Thomas Health Unit.

ix. Peterborough County — City Health Unit.

x. Porcupine Health Unit.

xi. Renfrew County and District Health Unit.

xii. Sudbury and District Health Unit.

xiii. Thunder Bay District Health Unit.

xiv. Timiskaming Health Unit.

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,

i. every person who is singing or playing must be separated from every other person by plexiglass or some other impermeable barrier, and

ii. every person in the instructional space must remain at least two metres apart from every other person in the instructional space.

4. 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,

i. has a plan respecting COVID-19 that has been approved by the Minister of Education, and

ii. operates in accordance with the approved plan.

(4) Subsections (1) and (2) and paragraphs 1, 2 and 3 of subsection (3) do not apply to schools 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.

Note: On February 8, 2021, section 3 of Schedule 3 to the Regulation is revoked and the following substituted: (See: O. Reg. 56/21, s. 1 (1))

Schools and private schools

3. (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:

1. City of Toronto Health Unit.

2. Peel Regional Health Unit.

3. 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,

i. every person who is singing or playing must be separated from every other person by plexiglass or some other impermeable barrier, and

ii. every person in the instructional space must remain at least two metres apart from every other person in the instructional space.

3. 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,

i. has a plan respecting COVID-19 that has been approved by the Minister of Education, and

ii. operates in accordance with the approved plan.

(4) Subsections (1) and (2) and paragraphs 1 and 2 of subsection (3) 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.

Note: On February 16, 2021, section 3 of Schedule 3 to the Regulation is revoked and the following substituted: (See: O. Reg. 56/21, s. 1 (2))

Schools and private schools

3. (1) Schools and private schools within the meaning of the Education Act may only open 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,

i. every person who is singing or playing must be separated from every other person by plexiglass or some other impermeable barrier, and

ii. every person in the instructional space must remain at least two metres apart from every other person in the instructional space.

3. 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,

i. has a plan respecting COVID-19 that has been approved by the Minister of Education, and

ii. 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.

Recreational amenities

4. (1) Each person responsible for an indoor or outdoor recreational amenity that is not in compliance with this section, and that is not a facility for indoor or outdoor sports and recreational fitness activities that is permitted to open under section 48 of Schedule 2, must ensure that it is closed.

(2) The following outdoor recreational amenities may open if they are in compliance with subsection (3):

1. Parks and recreational areas.

2. Baseball diamonds.

3. Batting cages.

4. Soccer, football and sports fields.

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

6. Basketball courts.

7. BMX parks.

8. Skate parks.

9. Revoked: O. Reg. 10/21, s. 3 (3).

10. Frisbee golf locations.

11. Cycling tracks and bike trails.

12. Horse riding facilities.

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

14. Ice rinks.

15. Tobogganing hills.

16. Snowmobile, cross country ski, dogsledding, ice skating and snow shoe trails.

17. Playgrounds.

18. Portions of parks or recreational areas containing outdoor fitness equipment.

(3) An outdoor recreational amenity described in subsection (2) may only open if,

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

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

(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 amenity; and

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

Museums, etc.

5. Museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions must be closed to members of the public.

O. Reg. 654/20, s. 4; O. Reg. 707/20, s. 1; O. Reg. 779/20, s. 6 (1), (5)-(8); O. Reg. 789/20, s. 1; O. Reg. 6/21, s. 3; O. Reg. 10/21, s. 3 (3); O. Reg. 21/21, s. 2; O. Reg. 36/21, s. 1.

Schedule 4
Organized Public Events, Certain Gatherings

Gatherings, Stage 1 areas

1. (1) Subject to sections 2 to 4, no person shall attend,

(a) an organized public event that is held indoors;

(b) a social gathering that is held indoors, including a social gathering associated with a gathering described in clause (d);

(c) an organized public event or social gathering of more than 5 people that is held outdoors, including a social gathering associated with a gathering described in clause (d); or

(d) a gathering of more than 10 people for the purposes of a wedding, a funeral or a religious service, rite or ceremony.

(2) A person attending an organized public event, social gathering or a gathering for the purposes of a wedding, a funeral or a religious service, rite or ceremony shall comply with public health guidance on physical distancing.

(3) For greater certainty, subsections (1) and (2) apply with respect to an organized public event, social gathering or a gathering for the purposes of a wedding, a funeral or a religious service, rite or ceremony, even if it is held at a private dwelling.

Exception, members of single household

2. Section 1 does not apply with respect to a gathering of members of a single household, or a gathering that includes members of a household and one other person from outside that household who lives alone.

Exception, attendance at business

3. The prohibitions on attendance at an organized public event in subsection 1 (1) do not apply with respect to attendance at a business for a purpose related to providing or receiving the goods or services provided by the business if the business is not required to close under this Order.

Gathering in motor vehicles for religious service, rite or ceremony

4. (1) This section applies with respect to gatherings for the purposes of a wedding, funeral, religious service, rite or ceremony if the persons attending the gathering, other than those conducting the service, rite or ceremony, do so in a motor vehicle.

(2) Clause 1 (1) (d) does not apply to a person who attends a gathering to which this section applies if the person follows all of the following precautions that apply to the person:

1. Each person attending the gathering, other than the persons conducting the service, rite or ceremony, must remain within a motor vehicle that is designed to be closed to the elements, except,

i. where necessary to use a washroom, or

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

2. The driver of a motor vehicle must ensure that it is positioned at least two metres away from other motor vehicles.

3. A person who ordinarily uses a non-motorized vehicle because of their religious belief and who attends the gathering must remain within their non-motorized vehicle except where necessary to use a washroom or as may otherwise be required for health and safety, and paragraph 2 applies with necessary modifications.

O. Reg. 654/20, s. 4; O. Reg. 10/21, s. 4.

Schedule 5
Individuals Eligible for Emergency Child Care

1. An individual who is,

i. a regulated health professional, or

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

1.1 An individual who works for a manufacturer or distributor of pharmaceutical products or medical supplies, including medications, medical isotopes, vaccines, antivirals, medical devices, sanitizers and disinfectants.

1.2 An individual who works in a pharmacy as defined in the Drug and Pharmacies Regulation Act.

1.3 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 special constable appointed pursuant to section 53 of the Police Services Act.

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

5. 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.

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

6.1 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 Crown prosecutors of the Criminal Law Division, and

iii. employees of the Victim/Witness Assistance Program.

6.2 An individual who provides essential justice-related frontline services to Indigenous persons involved in the justice system and who is employed by an Indigenous community or Indigenous organization through a program funded by the Ministry of the Attorney General, including,

i. the Indigenous Courtwork Program,

ii. the Indigenous Bail Verification and Supervision Program, or

iii. the Indigenous Bail Beds Program.

6.3 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.

7. An individual employed as a firefighter as defined in the Fire Protection and Prevention Act, 1997.

8. An individual who is,

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

ii. employed in a fire department as defined in the Fire Protection and Prevention Act, 1997, or

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

9. A paramedic as defined in the Ambulance Act.

10. A coroner as defined in the Coroners Act.

11. A worker in a correctional institution as defined in the Ministry of Correctional Services Act or an independent contractor who supplies services to correctional institutions, including, but not limited to, employees of Trilcor.

12. Probation and parole officers as described in the Ministry of Correctional Services Act, 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.

13. 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.

14. 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.

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

16. 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.

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

18. An individual employed in the Ministry of the Solicitor General at the Provincial Forensic Pathology Unit.

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

20. 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.

21. 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.

21.1 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.

21.2 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.

21.3 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.

21.4 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.

21.5 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.

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

23. 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.

24. 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.

25. An individual who works in a child care centre or who otherwise provides child care in accordance with the requirements in this Order.

25.1 A staff member of a school as defined in the Education Act who provides, or supports the provision of, in-person instruction at a school to pupils with special education needs who cannot be accommodated through remote learning.

25.2 A staff member of a school as defined in the Education Act who,

i. provides or supports the provision of in-person teaching or instruction in a school that is permitted to provide in-person teaching and instruction under this Order, and

ii. has a child who is enrolled at a school that is not permitted to provide in-person teaching or instruction under this Order and who is not receiving in-person teaching or instruction.

26. A member of the Canadian Armed Forces or an employee of the Department of National Defence.

27. 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.

28. A person who holds a licence issued under section 13 of the Private Security and Investigative Services Act, 2005 to act as a security guard.

29. Staff as defined in the Retirement Homes Act, 2010.

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

31. Staff as defined in the Long-Term Care Homes Act, 2007.

32. An individual who is an inspector appointed under the Food Safety and Quality Act, 2001 or a field-person or officer appointed under the Milk Act.

33. An individual employed in the Ministry of Labour, Training and Skills Development in Radiation Protection Services.

34. 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, or the ongoing refining, transmission, distribution and storage of gas or other type of hydrocarbon, 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.

iii. A gas distributor or gas transmitter within the meaning of the Ontario Energy Board Act, 1998.

iv. A distributor as defined in subsection 40 (3) of the Technical Standards and Safety Act, 2000 that is not already described in subparagraph ii or iii.

v. An oil refinery.

35. 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.

35.1 An individual employed in a business involved in the collecting, transporting, storing, processing, disposing or recycling of any type of waste.

36. An employee of a hotel or motel that is acting as an isolation centre, health care centre, vaccine clinic or that is housing essential workers.

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

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

38.1 An individual who works in a supermarket, grocery store, convenience store, farmer’s market or other store that primarily sells food, other than an establishment described in section 6 of Schedule 2.

38.2 An individual who works at a business that produces food, beverages, or agricultural products including plants, including by farming, harvesting, aquaculture, hunting or fishing.

38.3 An individual who works at a business that supports the food or agricultural products supply chains.

38.4 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.

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

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

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

O. Reg. 779/20, s. 7; O. Reg. 789/20, s. 2; O. Reg. 6/21, s. 4; O. Reg. 26/21, s. 1.