O. Reg. 104/20: EMERGENCY ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - CLOSURE OF OUTDOOR RECREATIONAL AMENITIES

Emergency Management and Civil Protection Act

ONTARIO REGULATION 104/20

EMERGENCY ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - CLOSURE OF OUTDOOR RECREATIONAL AMENITIES

Historical version for the period May 19, 2020 to June 10, 2020.

Note: This Order is revoked on June 19, 2020, unless it is extended. (See s. 7.0.8 of the Act and O. Reg. 106/20, Sched. 1)

Last amendment: 224/20.

Legislative History: 175/20, 224/20.

This is the English version of a bilingual regulation.

Whereas an emergency was 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;

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

And Further, this Order applies generally throughout Ontario;

And Further, this Order shall be in effect for the duration of the declared emergency, subject to section 7.0.8 of the Act. O. Reg. 104/20; O. Reg. 175/20, s. 1.

SCHEDULE 1
CLOSURE OF OUTDOOR RECREATIONAL AMENITIES

Definition

1. In this Schedule,

“outdoor sports amenities” means outdoor sports facilities and multi-use fields, including baseball diamonds, soccer fields, frisbee golf locations, tennis, platform tennis, table tennis and pickleball courts, basketball courts, BMX parks and skate parks.

Application before May 19, 2020

2. Until the end of May 18, 2020, this Schedule applies to the following facilities that are intended for use by more than one household, regardless of whether they are publicly or privately owned and regardless of whether they are attached to a park system:

1.  All outdoor playgrounds, play structures and equipment.

2.  All outdoor sports amenities.

3.  All off-leash dog areas.

4.  All portions of park and recreational areas containing outdoor fitness equipment.

5.  All outdoor picnic sites, benches and shelters in park and recreational areas.

Application beginning on May 19, 2020

3. Beginning on May 19, 2020, this Schedule applies to the following facilities that are intended for use by more than one household, regardless of whether they are publicly or privately owned and regardless of whether they are attached to a park system:

1.  All outdoor playgrounds, play structures and equipment.

2.  All outdoor pools, whirlpools and spas, splash pads, spray pads, wading pools and water slides.

3.  All communal facilities intended to be used by persons using outdoor sports amenities, with the exception of those listed in Schedule 2 of O. Reg. 82/20 (Order Under Subsection 7.0.2 (4) - Closure of Places of Non-Essential Businesses).

4.  All portions of park and recreational areas containing outdoor fitness equipment.

Closures

4. (1) Facilities to which this Schedule applies must be closed.

(2) No person shall enter or use a facility to which this Schedule applies except for maintenance, safety, law enforcement or other similar purpose.

(3) For greater certainty, nothing in this Order precludes individuals from walking through or using portions of park and recreational areas that are not otherwise closed and that do not contain a facility to which this Schedule applies, other than a facility referred to in paragraph 3 of section 3 to which this Schedule applies.

Special measures

5. (1) Any person who uses allotment gardens or community gardens shall do so in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

(2) Subject to subsection (3), any person who uses any of the following facilities shall ensure that they maintain a physical distance of at least two metres from any other person who is also using the facility:

1.  Outdoor sports amenities.

2.  Off-leash dog areas.

3.  Picnic sites, benches or shelters in parks or recreational areas.

(3) Subsection (2) does not apply with respect to persons who are part of the same household.

O. Reg. 224/20, s. 1.