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

ONTARIO REGULATION 141/20

formerly under Emergency Management and Civil Protection Act

TEMPORARY HEALTH OR RESIDENTIAL FACILITIES

Consolidation Period: From July 15, 2020 to the e-Laws currency date.

Last amendment: 392/20.

Legislative History: 392/20.

This is the English version of a bilingual regulation.

Terms of Order

1. The terms of this Order are set out in Schedule 1. O. Reg. 392/20, s. 3.

Schedule 1

Interpretation

1. In this Order,

“construction” means doing anything in the erection, installation, extension or material alteration or repair of a building or structure and includes the installation of a building unit fabricated or moved from elsewhere;

“proponent” means a person or entity described in clause (a) or (b) of the definition of “temporary health or residential facility”;

“temporary health or residential facility” means a building or structure that is used or intended to be used to provide, on a temporary basis for the purpose of responding to the COVID-19 pandemic and its effects, health care or sleeping accommodation, by or on behalf of,

(a) any health service provider as defined in paragraphs 1 to 5 of the definition of “health service provider” in subsection 1 (2) of the Connecting Care Act, 2019, or

(b) any government, including, for greater certainty, a municipality.

Exemption from complying with certain laws

2. The construction of a temporary health or residential facility, the conversion of all or part of an existing building or structure to a temporary health or residential facility and the use of a temporary health or residential facility are exempt from the following requirements:

1. Obtaining a permit under section 8 or 10 of the Building Code Act, 1992.

2. Complying with Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992.

3. Complying with any by-laws passed under section 34 or 38 of the Planning Act.

4. Complying with section 41 of the Planning Act or section 114 of the City of Toronto Act, 2006.

Conditions for occupancy following construction

3. Where construction is undertaken to establish a temporary health or residential facility, before the facility or a part of the facility can be occupied the following conditions must be satisfied:

1. An architect and a professional engineer, both of whom are licenced to practice in Ontario, have designed or taken responsibility for the design of the construction of the facility or the part of the facility and have provided the designs to the chief building official.

2. The chief building official has provided to the proponent an attestation that the chief building official has received the designs described in paragraph 1.

3. An architect and a professional engineer, both of whom are licenced to practice in Ontario, have,

i. undertaken a general review of the construction of the facility or the part of the facility,

ii. prepared written reports arising out of the general review, and

iii. provided the reports to the chief building official.

4. The chief building official has provided to the proponent an attestation that the chief building official has received the reports described in paragraph 3.

Same

4. Section 3 does not apply to a temporary health or residential facility or a part of the facility if the facility or the part of the facility was constructed and occupied on or before the day after April 9, 2020.

Inspections

5. A chief building official or an inspector appointed under the Building Code Act, 1992 shall, in accordance with section 6, undertake an inspection of the temporary health or residential facility pursuant to subsection 15.9 (1) of the Building Code Act, 1992 to determine whether the facility is unsafe as described in subsection 15.9 (2) of that Act.

Same

6. An inspection described in section 5 shall be undertaken on or before the following dates:

1. The date the facility is occupied, or, where the facility is occupied in stages, the date each part of the facility is occupied.

2. Despite paragraph 1, if the facility or part of the facility was occupied on or before April 9, 2020, the date that is two days after April 9, 2020.

3. A date that is not later than one month after the date of the previous inspection.

Reports

7. When undertaking an inspection required under section 5, the inspector may consider reports concerning whether the temporary health or residential facility or part of the facility is unsafe as described in subsection 15.9 (2) of the Building Code Act, 1992.

Orders and actions by chief building official, etc.

8. For greater certainty, nothing in this Order derogates from the power of a chief building official or inspector appointed under the Building Code Act, 1992 to make an order or take any action under section 15.9 or 15.10 of that Act.

O. Reg. 141/20, Sched. 1; O. Reg. 392/20, s. 4.

 

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