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

ONTARIO REGULATION 263/20

formerly under Emergency Management and Civil Protection Act

Rules for Areas in Stage 2

Historical version for the period August 20, 2020 to August 20, 2020.

Last amendment: 455/20.

Legislative History: 279/20, 299/20, 302/20, 324/20, 344/20, 351/20, 414/20, 427/20, 452/20, 455/20.

This is the English version of a bilingual regulation.

Terms of Order

1. The terms of this Order are set out in Schedules 1, 2, 3 and 4. O. Reg. 414/20, s. 3.

2. Revoked: O. Reg. 427/20, s. 1.

Application

3. This Order applies to the areas listed in Schedule 2 to Ontario Regulation 363/20 (Stages of Reopening). O. Reg. 414/20, s. 3.

Schedule 1
Businesses and Places

Closures

1. (1) Each person responsible for a business or place, or part of a business or place, that is required to be closed by Schedule 2 shall ensure that the business or place, or part of the business or place, is closed in accordance with that Schedule.

(2) Each person responsible for a business or place, or part of a business or place, that Schedule 2 describes as being permitted to open if certain conditions set out in that Schedule are met shall ensure that the business or place, or part of the business or place, either meets those conditions or is closed.

(3) Each person responsible for a business or place, or part of a business or place, that does not comply with sections 3 and 4 of this Schedule shall ensure that it is closed.

(4) Despite subsections (1), (2) and (3), temporary access to a business or place, or part of a business or place, that is required to be closed by Schedule 2 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.

(5) 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, or making goods available for pick-up; and

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

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 Occupational Health and Safety Act and the regulations made under it.

(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.

Capacity limits for businesses or facilities open to the public

3. (1) 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 every member of the public is able to maintain a physical distance of at least two metres from every other person in the business or facility, except where Schedule 2 allows persons to be closer together.

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

Meeting or event space

4. (1) The person responsible for a business or place that is open may only rent out meeting or event space if the total number of members of the public permitted to be in the business or place in its rentable meeting or event space at any one time is 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 is not permitted to exceed 10 persons.

(2) Subsection (1) does not apply to the rental of meeting or event space for a wedding, funeral, service, rite or ceremony that is authorized under section 4, 5 or 6 of Schedule 3.

(3) Subsection (1) does not apply to the rental of meeting or event space that is in compliance with a plan for the rental of meeting or event space approved by the Office of the Chief Medical Officer of Health.

Cleaning requirements

5. (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 is 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 hub

6. (1) In this section,

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

“NHL hub” means the businesses and places referred to in clause (3) (a); (“bulle de la LNH”)

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

“professional sports plan for the NHL” means the professional sports plan for the NHL 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 in the City of Toronto that constitute the NHL hub and that may be used by NHL hub participants in connection with the 2020 NHL playoff tournament, 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 that are adjacent to hotels or facilities mentioned in subclause (i) or (ii); and

(b) persons who are NHL hub participants.

(4) A business or place that constitutes part of the NHL hub may open for use by NHL hub 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. Subject to paragraph 2, any part of the business or place used by NHL hub participants must be closed to members of the public who are not NHL hub participants.

4. The business or place must ensure that subsections (6) and (7), as applicable, 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 hub participant when they are provided within the NHL hub:

1. Sections 3 and 4 of this Schedule.

2. Sections 4, 13, 14 and 19 of Schedule 2.

3. Section 7 of Schedule 2, but only in respect of personal physical fitness or sports trainers.

4. Clauses 1 (1) (a) and (b) of Schedule 3.

(6) Section 1 of Schedule 2 does not apply to any part of a restaurant, bar, concession stand or other food or drink establishment that provides food, drink or services to NHL hub participants when they are provided within the NHL hub, but the establishment must operate in accordance with the conditions set out in paragraphs 2 to 5 of subsection 1 (1) and subsections 1 (2) to (4) of Schedule 2 to Ontario Regulation 364/20 (Rules for Areas in Stage 3).

(7) Section 6 of Schedule 2 does not apply to the provision of personal care services to NHL hub participants when they are provided within the NHL hub by a personal care services business, but the business must operate in accordance with the conditions set out in section 4 of Schedule 2 to Ontario Regulation 364/20 (Rules for Areas in Stage 3).

(8) Clauses 1 (1) (a) and (b) of Schedule 3 do not apply to NHL hub participants in the NHL hub.

(9) A business or place that constitutes part of the NHL hub shall not provide goods or services to members of the public who are not NHL hub participants unless,

(a) the business or place is permitted to do so by the professional sports plan for the NHL;

(b) the business or place provides the goods or services in accordance with the professional sports plan for the NHL; and

(c) the business or place complies with any other applicable requirements or conditions in this Order.

MLB hub

7. (1) In this section,

“MLB” means Major League Baseball; (“MLB”)

“MLB hub” means the businesses and places referred to in clause (3) (a); (“bulle de la MLB”)

“MLB hub participant” means a person who has been specified as a participant in the MLB hub in the professional sports plan for the MLB; (“participant à la bulle de la MLB”)

“professional sports plan for the MLB” means the professional sports plan for the MLB approved by the Office of the Chief Medical Officer of Health. (“plan de sports professionnels applicable à la MLB”)

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

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

(a) the businesses and places in the City of Toronto that constitute the MLB hub and that may be used by MLB hub participants in connection with the 2020 MLB season, 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 that are adjacent to hotels or facilities mentioned in subclause (i) or (ii); and

(b) persons who are MLB hub participants.

(4) A business or place that constitutes part of the MLB hub may open for use by MLB hub 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 MLB.

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

3. Subject to paragraph 2, any part of the business or place used by MLB hub participants must be closed to members of the public who are not MLB hub participants.

4. The business or place must ensure that subsections (6) and (7), as applicable, 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 MLB hub participant when they are provided within the MLB hub:

1. Sections 3 and 4 of this Schedule.

2. Sections 4, 13, 14 and 19 of Schedule 2.

3. Section 7 of Schedule 2, but only in respect of personal physical fitness or sports trainers.

4. Clauses 1 (1) (a) and (b) of Schedule 3.

(6) Section 1 of Schedule 2 does not apply to any part of a restaurant, bar, concession stand or other food or drink establishment that provides food, drink or services to MLB hub participants when they are provided within the MLB hub, but the establishment must operate in accordance with the conditions set out in paragraphs 2 to 5 of subsection 1 (1) and subsections 1 (2) to (4) of Schedule 2 to Ontario Regulation 364/20 (Rules for Areas in Stage 3).

(7) Section 6 of Schedule 2 does not apply to the provision of personal care services to MLB hub participants when they are provided within the MLB hub by a personal care services business, but the business must operate in accordance with the conditions set out in section 4 of Schedule 2 to Ontario Regulation 364/20 (Rules for Areas in Stage 3).

(8) Clauses 1 (1) (a) and (b) of Schedule 3 do not apply to MLB hub participants in the MLB hub.

(9) A business or place that constitutes part of the MLB hub shall not provide goods or services to members of the public who are not MLB hub participants unless,

(a) the business or place is permitted to do so by the professional sports plan for the MLB;

(b) the business or place provides the goods or services in accordance with the professional sports plan for the MLB; and

(c) the business or place complies with any other applicable requirements or conditions in this Order.

O. Reg. 414/20, s. 4; O. Reg. 427/20, s. 2.

Schedule 2
Specific Rules

Food and drink

Restaurants, bars, etc.

1. (1) Restaurants, bars, food trucks, concession stands and other food or drink establishments may open if they comply with the following conditions:

1. Patrons must be served through take-out, drive-through or delivery service or at an outdoor dining area that meets the following conditions:

i. The outdoor dining area must be in or adjacent to the place of business.

ii. No buffet-style service may be provided.

iii. Patrons in the outdoor dining area must be seated at all times except,

A. while entering the area and while moving to their table,

B. while placing or picking up an order,

C. while paying for an order,

D. while exiting the area,

E. while going to or returning from a washroom,

F. while lining up to do anything described in sub-subparagraphs A to E, or

G. where necessary for the purposes of health and safety.

iv. The outdoor dining area must be configured so that patrons seated at different tables are separated by,

A. a distance of at least two metres, or

B. plexiglass or some other impermeable barrier.

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

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

2. Public access to any indoor portions of the establishment must be limited to food pickup, payment, washroom access, access required to get to the outdoor dining area or access that is otherwise required for the purposes of health and safety.

3. Dancing, singing and the live performance of brass or wind instruments are prohibited at the establishment.

4. The person responsible for the establishment must,

i. record the name and contact information of every patron who enters an outdoor dining area in the establishment, other than patrons who temporarily enter the area to place, pick up or pay for a takeout order,

Note: On August 21, 2020, subparagraph 4 i of subsection 1 (1) of Schedule 2 to the Regulation is revoked and the following substituted: (See: O. Reg. 455/20, s. 1 (1))

i. record the name and contact information of at least one member of every party of patrons that enters an outdoor dining area in the establishment, other than patrons who temporarily enter the area to place, pick up or pay for a takeout order,

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.

(2) For greater certainty, a restaurant, bar, food truck, concession stand or other food or drink establishment that is in compliance with the conditions set out in subsection (1) may open in any business or place that is otherwise permitted to open under this Order.

Note: On August 21, 2020, section 1 of Schedule 2 to the Regulation is amended by adding the following subsection: (See: O. Reg. 455/20, s. 1 (2))

(3) In this section,

“party” means a group of one or more patrons.

Services

Public libraries

2. Public libraries may open if they comply with the following conditions:

1. Circulating materials must be reserved over the telephone or online.

2. Circulating materials may only be exchanged with members of the public through contactless drop-off and pick-up.

3. Patrons must only be permitted to enter the premises to facilitate contactless drop-off and pick-up or to access computers, photocopiers or similar services.

4. Patrons must not be permitted to be in the book stacks, or to handle circulating materials that are shelved, or in other areas of library storage.

5. Circulating materials returned to the library must be disinfected or quarantined for an appropriate period of time before they are recirculated.

Community centres and multi-purpose facilities

3. (1) Community centres and multi-purpose facilities may open for the following purposes if they comply with the conditions set out in subsection (2):

1. Permitting the use of facilities for outdoor sports and recreational fitness activities that are permitted to be open under section 14.

2. Providing space for a day camp for children that is in compliance with section 15.

3. Permitting the use of pools, splash pads, spray pads and wading pools that are permitted to be open under section 19.

4. Providing indoor activities and services, other than non-aquatic indoor sports and recreational fitness activities.

(2) The conditions referred to in subsection (1) are the following:

1. Communal kitchens in the community centre or multi-purpose facility must be closed.

2. Interior dining spaces in the community centre or multi-purpose facility must be closed.

Hotels, motels and other short-term rentals

4. Hotels, motels, lodges, cabins, cottages, resorts and other short-term rental businesses may open if they comply with the following conditions:

1. Any fitness centres or gyms on the premises must be closed.

2. Any communal steam rooms, saunas, whirlpools or hot tubs on the premises must be closed.

Real estate open houses

5. Real estate agencies may open if they do not host or facilitate open house events.

Personal care services

6. (1) Personal care services relating to the hair or body, including hair salons and barbershops, manicure and pedicure salons, aesthetician services, piercing services, tanning salons, spas and tattoo studios, may open if they comply with the following conditions:

1. No personal care services that tend to a patron’s face, such as facials, facial hair grooming or removal or makeup applications, may be provided.

2. Persons who provide personal care services in the business must wear appropriate personal protective equipment.

3. Patrons must wear face covering at all times while receiving personal care services.

4. Subject to subsection 19 (2), any locker rooms, change rooms, and showers must be closed, except to the extent they provide access to equipment storage, a washroom or a portion of the business that is used to provide first aid.

5. Any steam rooms, saunas, whirlpools or bathhouses must be closed.

6. Any baths, hot tubs, floating pools or sensory deprivation pods must be closed, unless they are used for a therapeutic purpose prescribed by, or administered by, a regulated health professional.

7. Oxygen bars must be closed.

(2) Subsection (1) does not apply to hair and makeup services described in section 16 or 17.

Personal services

7. Businesses that are primarily engaged in providing personal services to individuals, including personal shoppers, party and wedding planners, personal organizer services, personal physical fitness or sports trainers and house sitters, may open if they comply with the following conditions:

1. The service providers must maintain a physical distance of at least two metres from their patrons to the fullest extent possible.

2. Personal physical fitness or sports trainers must provide services outside of a gym, except for a gym in the trainer’s or patron’s home.

Conference centres and convention centres

8. Conference centres and convention centres are closed.

Shopping and retail

Shopping malls

9. (1) Shopping malls may open if they ensure that any interior dining spaces inside the shopping mall, including any tables and seating in food courts, are closed.

(2) For greater certainty, subsection (1) does not prevent a restaurant, bar or other food or drink establishment within a shopping mall from opening and operating in compliance with section 1.

Fitting rooms

10. Fitting rooms in a business may open if they comply with the following conditions:

1. Revoked: O. Reg. 414/20, s. 7.

2. Patrons must not be permitted to occupy adjacent fitting room stalls at any one time.

3. The fitting room stalls must be cleaned and disinfected after each use.

Education

Post-secondary institutions

11. An area in a university, college of applied arts and technology, private career college or other post-secondary institution that is used for in-person teaching and instruction may open for the purpose of in-person teaching and instruction for students who,

(a) are enrolled in the institution; and

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

Private schools

12. Private schools as defined in the Education Act are closed.

Driving instruction

12.1 Businesses that provide driving instruction in a motor vehicle may open if they comply with the following conditions:

1. Only one student may be in the motor vehicle.

2. Only one driving instructor may be in the vehicle, unless the type of instruction requires more than one driving instructor to be present.

3. Every person in the motor vehicle must wear face covering at all times.

4. The motor vehicle must be cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.

Sports and fitness

Facilities for indoor sports and recreational fitness activities

13. (1) Subject to subsections (2) to (8), facilities for indoor sports and recreational fitness activities, including gymnasiums, health clubs, community centres, multi-purpose facilities, arenas, exercise studios, yoga and dance studios and other fitness facilities, are closed for indoor sports and recreational fitness activities.

(2) Indoor golf driving ranges, indoor horse-riding facilities and indoor shooting ranges, including those operated by rod and gun clubs, may open if they comply with the following conditions:

1. Any person who enters or uses the facility must maintain a physical distance of at least two metres from any other person who is using the facility.

2. Activities that are likely to result in individuals coming within two metres of each other must not be practised or played within the facility.

3. Subject to subsection 19 (2), any locker rooms, change rooms, showers and clubhouses in the facility must be closed, except to the extent they provide access to equipment storage, a washroom or a portion of the facility that is used to provide first aid.

4. Any equipment that is rented to, provided to or provided for the use of users of the facility must be cleaned and disinfected between each use.

(3) Indoor training facilities that are operated by a sports team in one of the following leagues may open if they comply with the conditions set out in subsection (4):

1. Canadian Football League.

2. Major League Baseball.

3. Major League Soccer.

4. National Basketball Association.

5. National Hockey League.

(4) The conditions referred to in subsection (3) are the following:

1. The facility may only be used if,

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

ii. the training facility is operated in compliance with the health and safety protocol.

2. The only persons permitted to enter and use the facility are,

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

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

3. Any equipment that is rented to, provided to or provided for the use of users of the facility must be cleaned and disinfected between each use.

(5) Facilities for indoor sports and recreational fitness activities that comply with the conditions set out in subsection (6) may open for the purpose of being used by a business or organization to train amateur or professional athletes or to run amateur or professional athletic competitions.

(6) The conditions referred to in subsection (5) are the following:

1. The only persons permitted to use the facility are,

i. persons who perform work for the business or organization, and

ii. members or clients of the business or organization.

2. Any person who enters or uses the facility must maintain a physical distance of at least two metres from any other person who is using the facility.

3. Team sports must not be practised or played within the facility, with the exception of training sessions for members of a sports team that do not include games or scrimmage games.

4. Activities that are likely to result in individuals coming within two metres of each other must not be practised or played within the facility.

5. No spectators may be permitted at the facility, other than up to one accompanying parent, guardian or other adult for each athlete under the age of 18.

6. Subject to subsection 19 (2), any locker rooms, change rooms, showers and clubhouses in the facility must be closed, except to the extent they provide access to equipment storage, a washroom or a portion of the facility that is used to provide first aid.

7. Any equipment that is rented to, provided to or provided for the use of users of the facility must be cleaned and disinfected between each use.

(7) Facilities for indoor sports and recreational fitness activities may be open to provide space for a day camp for children that is in compliance with section 15.

(8) This section does not apply to pools, splash pads, spray pads and wading pools that are permitted to be open in accordance with section 19.

Facilities for outdoor sports and recreational fitness activities

14. (1) Subject to subsections (2) and (3), facilities for outdoor sports and recreational fitness activities are closed.

(2) Facilities for outdoor sports and recreational fitness activities, other than playgrounds, play structures and facilities containing outdoor fitness equipment, may open if they comply with the following conditions:

1. Any person who enters or uses the facility must maintain a physical distance of at least two metres from any other person who is using the facility.

2. Team sports must not be practised or played within the facility, with the exception of training sessions for members of a sports team that do not include games or scrimmage games.

3. Activities that are likely to result in individuals coming within two metres of each other must not be practised or played within the facility.

4. Subject to subsection 19 (2), any locker rooms, change rooms, showers and clubhouses in the facility must be closed, except to the extent they provide access to equipment storage, a washroom or a portion of the facility that is used to provide first aid.

5. Any equipment that is rented to, provided to or provided for the use of users of the facility must be cleaned and disinfected between each use.

6. Activities that require the use of equipment or fixed structures that cannot be cleaned and disinfected between each use must not be practised or played within the facility.

(3) This section does not apply to pools, splash pads, spray pads and wading pools that are permitted to be open in accordance with section 19.

Camps for children

15. (1) Day camps for children may open if they operate in a manner consistent with the safety guidelines for COVID-19 for summer day camps produced by the Office of the Chief Medical Officer of Health.

(2) Camps that provide supervised overnight accommodation for children are closed.

Media industries

Film and television production

16. Film and television production, and all supporting activities such as hair, makeup and wardrobe, may open if they comply with the following conditions:

1. No studio audiences 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.

Photography studios and services

17. Photography studios and services, and all supporting activities such as hair, makeup and wardrobe, may open if they comply with the following conditions:

1. The studio or area where photographs are to be taken must be configured and operated in such a way as to enable persons in the studio or area to maintain a physical distance of at least two metres from other persons, except where necessary for the taking of the photographs.

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

Entertainment

Performing arts and cinemas

18. (1) Concert venues, theatres and cinemas are closed, subject to subsection (2).

(2) Drive-in cinemas may open if they comply with the conditions set out in subsection (4).

(3) Concerts, artistic events, theatrical performances and other performances for more than 10 people may be provided if they are provided in a drive-in or drive-through format that complies with the conditions set out in subsection (4).

(4) The conditions referred to in subsections (2) and (3) are the following:

1. Each person in attendance at the drive-in cinema or the drive-in or drive-through concert, event or performance, other than persons who perform work for the drive-in cinema or the drive-in or drive-through concert, event or performance, must remain within a motor vehicle designed to be closed to the elements except,

i. where necessary to purchase admission,

ii. where necessary to use a washroom, or

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

2. The driver of a motor vehicle at the drive-in cinema or the drive-in or drive-through concert, event or performance must ensure that it is positioned at least two metres away from other motor vehicles.

3. Every person who performs work at the drive-in cinema or the drive-in or drive-through concert, event or performance must remain at least two metres apart from motor vehicles and from other persons, except for the purposes of facilitating the purchase of admission or food or beverages.

4. Revoked: O. Reg. 414/20, s. 13 (3).

5. Food and beverages may only be sold to persons in attendance at the drive-in cinema or the drive-in or drive-through concert, event or performance if they are delivered directly to the person’s motor vehicle.

6. No materials may be exchanged between persons in attendance at the drive-in cinema or the drive-in or drive-through concert, event or performance, except,

i. materials exchanged between members of the same motor vehicle,

ii. materials exchanged between persons who perform work for the drive-in cinema or the drive-in or drive-through concert, event or performance, and

iii. such materials as are necessary to facilitate the purchase of admission or food or beverages.

Pools, splash pads, spray pads and wading pools

19. (1) Indoor and outdoor pools, splash pads, spray pads and wading pools may open if they comply with the following conditions:

1. Revoked: O. Reg. 414/20, s. 14.

2. No access may be provided to high-contact aquatic features, including slides, diving boards and climbing structures, with the exception of ladders.

3. The pool, splash pad, spray pad or wading pool must comply with the applicable physical distancing requirements by,

i. operating with a reduced resting area, capacity or aquatic activity enrolment, or

ii. operating by appointment or timed entry.

4. Any equipment that is rented or provided to patrons must be cleaned and disinfected between each use.

(2) Despite any other provision in this Schedule that would require a locker room, change room or showers to be closed, any locker room, change room or showers that is used in conjunction with a pool, splash pad, spray pad or wading pool may be open for that purpose.

(3) For greater certainty, a pool, splash pad, spray pad or wading pool that is in compliance with the conditions set out in subsection (1) may open in any business or place that is otherwise permitted to open under this Order.

Casinos, bingo halls and gaming establishments

20. Casinos, bingo halls and other gaming establishments are closed.

Racing venues

21. Horse racing tracks, car racing tracks and other similar venues are closed to spectators.

Amusement parks and waterparks

22. Amusement parks and waterparks are closed.

Nightclubs

22.1 Nightclubs are closed, except for the purpose of serving food or beverages to patrons in accordance with section 1.

Museums, etc.

23. Museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions may open if they comply with the following conditions:

1. No member of the public may be permitted access to interactive exhibits or exhibits that would create a high risk of personal contact.

2. Lockers must not be provided to members of the public.

3. Any equipment that is rented or provided to patrons must be cleaned and disinfected between each use.

Tour and guide services

24. Tour and guide services, including guided fishing and hunting trips, tastings and tours for wineries, breweries and distilleries, trail riding tours, walking tours, bicycle tours, motor vehicle tours and boat tours may open if they comply with the following conditions:

1. Every person on the tour, including any tour guides, must comply with the applicable physical distancing requirements.

2. The number of people on the tour, including any tour guides, cannot exceed 10 people.

3. Any equipment that is rented or provided as part of the tour must be cleaned and disinfected between each use.

4. If the tour includes access to any food or beverage production or manufacturing areas, every person on the tour, including any tour guides, must comply with,

i. any laws or policies that apply to the food or beverage production or manufacturing area, and

ii. any advice, recommendations or instructions of public health officials that apply to the food or beverage production or manufacturing area.

5. The tour or guide service must,

i. record the name and contact information of every patron,

Note: On August 21, 2020, subparagraph 5 i of section 24 of Schedule 2 to the Regulation is revoked and the following substituted: (See: O. Reg. 455/20, s. 1 (3))

i. record the name and contact information of at least one member of every party of patrons that participates in the tour,

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 August 21, 2020, section 24 of Schedule 2 to the Regulation is amended by adding the following subsection: (See: O. Reg. 455/20, s. 1 (4))

(2) In this section,

“party” means a group of one or more patrons.

Marinas, boating clubs etc.

25. Marinas, boating clubs and other organizations that maintain docking facilities for members or patrons may open if they comply with the following conditions:

1. Any fitness centres or gyms on the premises must be closed.

2. Any steam rooms, saunas, whirlpools or hot tubs on the premises must be closed.

3. Clubhouses must be closed, except,

i. for the purpose of being used by appointment as event or meeting space in accordance with section 4 of Schedule 1, or

ii. to the extent they provide access to equipment storage, a washroom or a portion of the facility that is used to provide first aid.

Golf courses and outdoor driving ranges

26. Golf courses and outdoor driving ranges may open if they comply with the following conditions:

1. Any fitness centres or gyms on the premises must be closed.

2. Any steam rooms, saunas, whirlpools or hot tubs on the premises must be closed.

3. Clubhouses must be closed, except,

i. for the purpose of being used by appointment as event or meeting space in accordance with section 4 of Schedule 1, or

ii. to the extent they provide access to equipment storage, a washroom or a portion of the facility that is used to provide first aid.

Campgrounds

27. Campgrounds are closed to the public unless they comply with the following conditions:

1. All indoor recreational facilities in the campground must be closed, other than pools, splash pads, spray pads and wading pools that are permitted to be open under section 19.

2. Subject to subsection 19 (2), any locker rooms, change rooms, and showers must be closed, except to the extent they provide access to equipment storage, a washroom or a portion of the campground that is used to provide first aid.

3. Any equipment that is rented or provided to campground guests must be cleaned and disinfected between each use.

4. The person responsible for the campground must ensure that every person using the campground is complying with any applicable restrictions on the size of social gatherings and organized public events.

O. Reg. 299/20, s. 2; O. Reg. 324/20, s. 1; O. Reg. 344/20, s. 1; O. Reg. 414/20, s. 5-19; O. Reg. 427/20, s. 3; O. Reg. 452/20, s. 1.

SCHEDULE 3
Organized Public Events, Certain Gatherings

Gatherings, Stage 2 areas

1. (1) Subject to sections 2 to 6, no person shall attend,

(a) an organized public event of more than 10 people;

(b) a social gathering of more than 10 people, including a social gathering associated with a gathering described in clause (c); or

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

(2) For greater certainty, subsection (1) applies with respect to an organized public event or social gathering 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.

Exception, attendance at business

3. (1) The prohibition on gatherings in clause 1 (1) (a) does not apply with respect to attendance at a place of 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.

(2) The prohibition on gatherings in clause 1 (1) (a) does not apply with respect to attendance at an event that is organized by a business or organization if the event is permitted under the following provisions of Schedule 2 and is conducted in compliance with the conditions imposed in respect of the event under Schedule 2:

1. Section 11 or 15 or subsection 18 (2) or (3).

2. Subsection 13 (5), but only if the event is in relation to an amateur or professional athletic competition.

Indoor wedding, funeral or religious service, rite or ceremony

4. (1) This section applies with respect to gatherings for the purposes of a wedding, a funeral or a religious service, rite or ceremony if the gathering is held in a building or structure other than a private dwelling.

(2) Clause 1 (1) (c) does not apply to a person who attends a gathering to which this section applies if the following conditions are met:

1. The persons conducting the wedding, funeral, service, rite or ceremony must ensure that the number of persons occupying any room in the building or structure while attending the gathering does not exceed 30 per cent of the capacity of the particular room.

2. All persons attending the gathering must comply with public health guidance on physical distancing.

3. The persons conducting the wedding, funeral, service, rite or ceremony must ensure that it is conducted in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

4. The person responsible for the place where the wedding, funeral, service, rite or ceremony is held must ensure that any washrooms that have been made available to persons attending the gathering are cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.

Outdoor wedding, funeral or religious service, rite or ceremony

5. (1) This section applies with respect to outdoor gatherings for the purposes of a wedding, a funeral or a religious service, rite or ceremony.

(2) Clause 1 (1) (c) does not apply to a person who attends a gathering to which this section applies if the following conditions are met:

1. The persons conducting the wedding, funeral, service, rite or ceremony must ensure that no more than 50 people are in attendance.

2. All persons attending the gathering must comply with public health guidance on physical distancing.

3. The persons conducting the wedding, funeral, service, rite or ceremony must ensure that it is conducted in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

4. The person responsible for the place where the wedding, funeral, service, rite or ceremony is held must ensure that any washrooms that have been made available to persons attending the gathering are cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.

Gathering in motor vehicles for religious service, rite or ceremony

6. (1) This section applies with respect to gatherings for the purposes of a 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) (c) 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. The persons conducting the service, rite or ceremony must ensure that it is conducted in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

4. 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.

5. The person responsible for the place where the service, rite or ceremony is held must ensure that any washrooms that have been made available to persons attending the gathering are cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.

O. Reg. 414/20, s. 20.

SCHEDULE 4
CLOSURE OF OUTDOOR RECREATIONAL AMENITIES

Interpretation, “outdoor sports amenities”

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.

Closures, Stage 2 areas

2. (1) The 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 Schedule 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 communal facility that is intended to be used by persons using outdoor sports amenities and to which this Schedule applies.

Facilities closed

3. This Schedule applies to the following facilities that are intended for use by more than one household:

1. All outdoor playgrounds, play structures and equipment.

2. All outdoor whirlpools and outdoor water slides.

3. All communal facilities intended to be used by persons using outdoor sports amenities, with the exception of those that may open under this Order.

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

Physical distancing

4. 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.

O. Reg. 414/20, s. 20.