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O. Reg. 263/20: RULES FOR AREAS IN STEP 2

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 263/20

formerly under Emergency Management and Civil Protection Act

Rules for Areas in SteP 2

Historical version for the period June 23, 2021 to June 28, 2021.

Last amendment: 488/21.

Legislative History: 279/20, 299/20, 302/20, 324/20, 344/20, 351/20, 414/20, 427/20, 452/20, 455/20, 572/20, 578/20, 587/20, 641/20, 648/20, 656/20, 686/20, 5/21, 97/21, 104/21, 114/21, 118/21, 127/21, 146/21, 163/21, 217/21, 222/21, 314/21, 347/21, 488/21.

CONTENTS

1.

Terms of Order

3.

Application

4.

Indoor vs. outdoor

Schedule 1

General rules

Schedule 2

Specific rules

Schedule 3

Organized public events, certain gatherings

Schedule 4

Individuals eligible for emergency child care

 

Terms of Order

1. The terms of this Order are set out in Schedules 1, 2 and 3. O. Reg. 572/20, s. 1; O. Reg. 641/20, s. 1; O. Reg. 648/20, s. 1.

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 (Steps of Reopening) made under the Act. O. Reg. 488/21, s. 2.

3.1 Revoked: O. Reg. 488/21, s. 2.

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. 572/20, s. 2.

(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. 572/20, s. 2.

(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. 572/20, s. 2.

5. Revoked: O. Reg. 97/21, s. 2.

Schedule 1
General Rules

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 2 to 7 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.

(6) Nothing in this Order precludes a business or place from providing access to an outdoor recreational amenity that is permitted to open under section 14.2 of Schedule 2, including by opening such limited areas of the business or place as are necessary to enable access.

(7) 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 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.

(3) The person responsible for a business or organization that is open shall operate the business or organization in compliance with any advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health, or another public health official, on screening individuals by, among other things,

(a) posting signs at all entrances to the premises of the business or organization, in a conspicuous location visible to the public, that inform individuals on how to screen themselves for COVID-19 prior to entering the premises; and

(b) actively screening every person who works at the business or organization before they enter the premises of the business or organization.

(3.1) Revoked: O. Reg. 488/21, s. 3 (2).

(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;

(c.1) is attending a day camp or overnight camp for children that is in compliance with section 21 of Schedule 2;

(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.

(5.1) The person responsible for a business or organization shall ensure that every person who performs work for the business or organization and whose mask or face covering is temporarily removed to consume food or drink under subclause (4) (i) (iii) is separated from every other person by,

(a) a distance of at least two metres; or

(b) plexiglass or some other impermeable barrier.

(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 (7).

Capacity limits for businesses or facilities open to the public

3. (1) Subject to any other provisions 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 members of the public 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 on the premises of a business or organization that is open shall 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.

(2) Every person shall wear a mask or face covering in a manner that covers their mouth, nose and chin during any period in which they are,

(a) in attendance at an indoor public event permitted by this Order; and

(b) within two metres of another individual who is not part of their household.

(3) Subsections (1) and (2) do not require a person to wear a mask or face covering if they are subject to an exception set out in subsection 2 (4).

(4) Every member of the public in an indoor place of business or facility that is open to the public, and every person in attendance at an indoor organized public event or gathering permitted by this Order, 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.

(5) The physical distancing described in subsection (4) 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);

(a.1) when attending a day camp or overnight camp for children that is in compliance with section 21 of Schedule 2;

(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.

(6) For greater certainty, nothing in subsection (5) affects the obligation of persons who provide services to comply with subsection 2 (7).

(7) No person shall use an indoor or outdoor recreational amenity that is required to be closed under this Order.

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

3.2 (1) The person responsible for a business or place that is open must not permit patrons to line up or congregate outside of the business or place unless they are maintaining a physical distance of at least two metres from other groups of persons.

(2) The person responsible for a business or place that is open must not permit patrons to line up inside an indoor part 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).

(3) This section does not apply with respect to day camps or overnight camps for children that are in compliance with section 21 of Schedule 2.

Safety plan

3.3 (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, no later than seven days after the requirement first applies to the person.

(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, the wearing of personal protective equipment and preventing and controlling crowding.

(3.1) For a business, place or event referred to in section 9 of Schedule 2, subsection 19 (7) of Schedule 2 or sections 25 to 31 of Schedule 2, the safety plan shall also include information as to how the business, place or event will,

(a) prevent gatherings and crowds in the business or place or at the event;

(b) ensure that section 3.2 is complied with in the business or place or at the event; and

(c) mitigate the risk of any interactive activities, exhibits or games that may be included in the business or place or at the event.

(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.

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 meeting or event space is only rented out,

(a) for a day camp or overnight camp for children described in section 21 of Schedule 2;

(b) to a provider of child care within the meaning of the Child Care and Early Years Act, 2014;

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

(d) for the purpose of collective bargaining, so long as no more than 10 people are permitted to occupy the rented space;

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

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

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

(h) for the purpose of delivering or supporting mental health support services or addictions support services, so long as no more than 10 people are permitted to occupy the rented space; or

(i) for the purpose of conducting in-person examinations for the registration, licensing or accreditation of persons in any of the fields or occupations described in subsection 2 (2) of Schedule 8 to Ontario Regulation 82/20, made under the Act, so long as no more than 50 students are permitted to occupy the rented space.

(2) The person responsible for a business or place that rents out meeting or event space must ensure that the business or place actively screens individuals in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the indoor premises of the business or place.

(3) Nothing in this section prevents a business or place from showing a meeting or event space by appointment for a prospective rental.

(4) The person responsible for a business or place that is open may rent out outdoor meeting or event space for a purpose other than a purpose listed in subsection (1) if the business or place complies with the following conditions:

1. The total number of members of the public permitted to be in the rentable meeting or event 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 rentable meeting or event space, and in any event must not exceed 25 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

2. The person responsible for the business or place must post a sign in a conspicuous location visible to the public that states the capacity limits under which the establishment is permitted to operate.

3. No more than six people may be seated together at any table in the rented space.

4. Patrons must remain seated at all times in the rented space, except,

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

ii. while exiting the area,

iii. while going to or returning from a washroom,

iv. while singing or performing music,

v. while lining up to do anything described in subparagraphs i to iv, or

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

5. The rented space must be configured so that patrons seated at different tables are separated by,

i. a distance of at least two metres, or

ii. plexiglass or some other impermeable barrier.

6. The person responsible for the business or place shall,

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

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.

7. The person responsible for the business or place must actively screen individuals in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the indoor premises of the business or place.

8. No patron may be permitted to enter the indoor premises of the business or place, except,

i. to access a washroom,

ii. to access an outdoor area that can only be accessed through an indoor route, or

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

9. No patrons are permitted to dance within the rented space.

Tents, canopies, etc.

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

(a) if an outdoor area of the business or place is covered by a roof, canopy, tent, awning or other element, at least two full sides of the entire outdoor area are open to the outdoors and are not substantially blocked by any walls or other impermeable physical barriers; and

(b) if an outdoor area at the business or place is equipped with a retractable roof and the roof is retracted, at least one full side of the outdoor area is open to the outdoors and is not substantially blocked by any walls or other impermeable physical barriers.

(2) In the case of an outdoor event referred to in section 31 of Schedule 2 that is open, the requirement set out in subsection (1) applies to the person responsible for the business that hosts the outdoor event.

Live entertainment

6. (1) The person responsible for a business or place that is open shall ensure that, if live entertainment is performed for spectators at the business or place, the performers maintain a physical distance of at least three metres from any spectators or are separated from any spectators by plexiglass or some other impermeable barrier.

(2) In the case of an outdoor event referred to in section 31 of Schedule 2 that is open, the requirement set out in subsection (1) applies to the person responsible for the business that hosts the outdoor event.

6.1 Revoked: O. Reg. 488/21, s. 3 (11).

Cleaning requirements

7. (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.

Professional and elite amateur sports

8. (1) In this section,

“Framework” means the document titled “Return-to-Play Framework for Professional and Elite Amateur Sport Leagues and Events” approved by the Office of the Chief Medical Officer of Health under subsection (2), as amended from time to time; (“cadre”)

“International Single Sport Event” means an international single sport event hosted by a national sport organization that is either funded by Sport Canada or recognized by the Canadian Olympic Committee or the Canadian Paralympic Committee; (“Manifestation internationale unisport”)

“participant” means a person who is a member of a specified participant group in a return-to-play plan; (“participant”)

“return-to-play plan” means a return-to-play plan for,

(a) a sport league or association listed in the Tables to subsection (3), or

(b) an International Single Sport Event. (“plan de retour au jeu”)

(2) The Office of the Chief Medical Officer of Health may approve the Framework.

(3) The person responsible for a sport league or association in the Tables to this subsection shall ensure that a return-to-play plan that is consistent with the Framework has been established before that sport league or association can, in accordance with this section, return to play the sport referred to in Column 3:

Table 1
Professional Sport Leagues or Associations

Column 1

Column 2
Professional Sport Leagues or Associations

Column 3
Sport

1.

American Hockey League

Hockey

2.

Canadian Elite Basketball League

Basketball

3.

Canadian Football League

Football

4.

Canadian Premier League

Soccer

5.

Major League Baseball

Baseball

6.

Major League Soccer

Soccer

7.

NBA G League

Basketball

8.

National Basketball Association

Basketball

9.

National Hockey League

Hockey

10.

National Lacrosse League

Lacrosse

11.

National Women’s Hockey League

Hockey

12.

Professional Women’s Hockey Players Association

Hockey

13.

USL League 1

Soccer

 

Table 2
Elite Amateur Sport Leagues or Associations

Column 1

Column 2
Elite Amateur Sport Leagues or Associations

Column 3
Sport

1.

Canadian Hockey League

Hockey

2.

Elite Baseball League of Ontario U 18 Division

Baseball

3.

League 1 Ontario

Soccer

4.

Ontario Junior “A” Lacrosse League

Lacrosse

5.

Ontario Scholastic Basketball Association

Basketball

6.

Ontario Women’s Field Lacrosse U 19 “A” League

Lacrosse

7.

Provincial Women’s Hockey League

Hockey

 

(4) Before an International Single Sport Event can return to play in accordance with this section, the person responsible for that International Single Sport Event must ensure that a return-to-play plan has been established that is,

(a) consistent with the Framework; and

(b) approved by a national sport organization that is either funded by Sport Canada or recognized by the Canadian Olympic Committee or the Canadian Paralympic Committee.

(5) The person responsible for an International Single Sport Event or a sport league or association listed in the Tables to subsection (3) must provide notice of its intent to return to play to the local Medical Officer of Health for each Public Health Unit region in which the International Single Sport Event or the sport league or association, as the case may be, intends to operate before returning to play.

(6) The return-to-play plan shall,

(a) list the businesses and places that may be used by the 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;

(b) list specified groups of persons who are participants; and

(c) describe the measures and procedures which have been implemented or will be implemented in the businesses or places referred to in clause (a) to reduce the transmission risk of COVID-19.

(7) A business or place that is listed in the return-to-play plan as being available for the use of participants may open for use by participants if the business or place complies with the following conditions:

1. The business or place must operate in accordance with the return-to-play plan.

2. 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.

3. No spectators may be permitted at the business or place, except in accordance with subsection (8).

(8) Spectators may be permitted in a business or place that is an outdoor sports facility listed in the return-to-play plan as being available for the use of participants if the facility complies with the following conditions:

1. The number of spectators in the outdoor area of the facility at any one time must not exceed 25 per cent capacity, determined by taking the total square metres of the outdoor area accessible to spectators in the facility, dividing that number by 16 and rounding the result down to the nearest whole number.

2. The number of spectators at a seated sport event within the facility at any one time must not exceed 25 per cent of the usual seating capacity of the facility.

3. No spectator may enter the facility unless they have made a reservation to do so.

4. No spectator may be permitted to enter the indoor premises of the facility, except,

i. to access a washroom,

ii. to access an outdoor area that can only be accessed through an indoor route,

iii. to engage in retail sales, or

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

5. The person responsible for the facility must post a sign in a conspicuous location visible to the public that states the capacity limits under which the facility is permitted to operate and the capacity limits of any seated sport event within the facility.

(9) The return-to-play plan shall be in writing and shall be made available by the person responsible for the International Single Sport Event or the sport league or association listed in the Tables to subsection (3), as the case may be, to any provincial offences officer upon request.

(10) The following provisions do not apply to the provision of goods or services to a participant by a business or place listed, in accordance with clause (6) (a), in the return-to-play plan when they are provided in accordance with the return-to-play plan:

1. Subsection 2 (4) of this Schedule, but only in respect of players and coaches in an International Single Sport Event or a sport league or association listed in the Tables to subsection (3).

2. Sections 3, 3.3 and 4 of this Schedule.

3. Sections 9 and 19 of Schedule 2.

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

(11) Businesses and places listed in the return-to-play plan may provide in-person dining to participants if they meet the following conditions:

1. Participants must be seated at all times in any area of the establishment in which food or drink is permitted except,

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

ii. while placing or picking up an order,

iii. while paying for an order,

iv. while exiting the area,

v. while going to or returning from a washroom,

vi. while lining up to do anything described in subparagraphs i to v, or

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

2. The person responsible for the establishment must,

i. record the name and contact information of every participant that enters an area of the establishment, unless the participant temporarily enters 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.

3. No participant may be permitted to line up or congregate outside of the establishment unless they are maintaining a physical distance of at least two metres from other groups of persons inside or outside the establishment.

4. No participant may be permitted to line up or congregate inside the establishment unless they are,

i. maintaining a physical distance of at least two metres from other groups of persons inside or outside the establishment, and

ii. 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).

5. No participant shall dance, sing or perform music at the establishment.

(12) Hotels listed in the return-to-play plan may open meeting and event spaces and 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 participants.

2. The hotels must ensure that the facilities are used in accordance with the return-to-play plan.

(13) Television productions relating to an International Single Sport Event or a game of a sport league or association listed in the Tables to subsection (3), as the case may be, that are in compliance with the return-to-play plan may open, and the conditions set out in paragraphs 1 to 4 of subsection 22 (1) of Schedule 2 do not apply to such television productions.

9. Revoked: O. Reg. 488/21, s. 3 (12).

O. Reg. 414/20, s. 4; O. Reg. 427/20, s. 2; O. Reg. 572/20, s. 3; O. Reg. 578/20, s. 1; O. Reg. 587/20, s. 1; O. Reg. 641/20, s. 3-7; O. Reg. 656/20, s. 3; O. Reg. 686/20, s. 1; O. Reg. 5/21, s. 1, 2; O. Reg. 97/21, s. 1, 3; O. Reg. 114/21, s. 1; O. Reg. 118/21, s. 1; O. Reg. 127/21, s. 1; O. Reg. 146/21, s. 1 (1, 2); O. Reg. 163/21, s. 1; O. Reg. 217/21, s. 1; O. Reg. 222/21, s. 1; O. Reg. 314/21, s. 1; O. Reg. 488/21, s. 3.

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. No indoor dining may be provided.

2. No buffet-style service may be provided.

3. Patrons must be seated at all times in any area of the establishment in which food or drink is permitted except,

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

ii. while placing or picking up an order,

iii. while paying for an order,

iv. while exiting the area,

v. while going to or returning from a washroom,

vi. while singing or performing music,

vii. while lining up to do anything described in subparagraphs i to vi, or

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

4. The establishment must be configured so that patrons seated at different tables are separated by,

i. a distance of at least two metres, or

ii. plexiglass or some other impermeable barrier.

5. The person responsible for the establishment must,

i. record the name and contact information of every patron that enters an area of the establishment, unless the patron temporarily enters 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.

6. No patron may be permitted to line up or congregate outside of the establishment unless they are maintaining a physical distance of at least two metres from other groups of persons inside or outside the establishment.

7. No patron may be permitted to line up inside the establishment unless they are,

i. maintaining a physical distance of at least two metres from other groups of persons inside or outside the establishment, and

ii. 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) of Schedule 1.

8. No more than six people may be seated together at an outdoor table at the establishment unless everyone seated at the table is,

i. a member of the same household,

ii. a member of one other household who lives alone, or

iii. a caregiver for any member of either household.

9. The total number of patrons permitted to be seated outdoors at the establishment must be limited to the number that can maintain a physical distance of at least two metres from every other person at the establishment.

10. The person responsible for the establishment must post a sign in a conspicuous location visible to the public that states the capacity limits under which the establishment is permitted to operate.

11. No patron shall dance at the establishment.

12. The person responsible for the establishment must actively screen any dine-in patrons in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the indoor premises of the establishment.

(2) Paragraphs 1, 8, 9, 10 and 12 of subsection (1) do not apply,

(a) with respect to establishments on hospital premises or in an airport; or

(b) with respect to an establishment located within a business or place if the only patrons permitted at the establishment are persons who perform work for the business or place in which the establishment is located.

(3) The physical distancing described in subsections 3 (1) and 3.1 (4) of Schedule 1 is not required when patrons are seated together at a table in an establishment.

(4) For greater certainty, any business, place, facility or establishment at which food or drink is sold or served, including those referred to in section 4 of Schedule 1 and sections 3, 5, 10, 24, 26, 34, 35 and 36 of this Schedule, is a food or drink establishment to which this section applies,

(a) at any time when food or drink is served or sold at the business, place, facility or establishment; and

(b) in any part of the business, place, facility or establishment where the food or drink is served or sold.

(5) 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.

Services

Public libraries

2. (1) Public libraries may open if they comply with the following condition:

1. The total number of members of the public in the library at any one time must not exceed 25 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

(2) Subsection (1) does not apply to any part of the public library that is used,

(a) for a day camp or overnight camp for children described in section 21;

(b) by a provider of child care within the meaning of the Child Care and Early Years Act, 2014;

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

(d) for the purpose of delivering or supporting mental health support services or addictions support services, so long as no more than 10 people are permitted to occupy the rented space.

Community centres and multi-purpose facilities

3. Community centres and multi-purpose facilities may open to permit space to be used,

(a) for a day camp or overnight camp for children described in section 21;

(b) by a provider of child care within the meaning of the Child Care and Early Years Act, 2014;

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

(d) for the purpose of delivering or supporting mental health support services or addictions support services, so long as no more than 10 people are permitted to occupy the rented space;

(e) for indoor and outdoor sports and recreational fitness activities that are permitted to be open under section 19;

(f) for the use of outdoor pools, splash pads, spray pads and wading pools; and

(g) for indoor activities and services, other than indoor sports and recreational fitness activities.

Child care providers

4. (1) Child care providers may open if they comply with the following conditions:

1. A child care 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. A child care 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 April 12, 2021,

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 4, paragraph 2 does not apply with respect to the provision of child care by the centre to the children of those individuals.

4. 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.

(2) In this section,

“authorized recreational and skill building programs”, “child care”, “child care centre” and “child care provider” have the same meaning as in the Child Care and Early Years Act, 2014; (“programmes autorisés de loisirs et de développement des compétences”, “garde d’enfants”, “centre de garde”, “fournisseur de services de garde”)

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

Short-term rentals

5. Businesses providing short-term rental accommodation may open if they comply with the following condition:

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

Hotels, motels, etc.

6. Hotels, motels, lodges, cabins, cottages, resorts and other shared rental accommodation, including student residences, may open if they comply with the following condition:

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

Real estate agencies

7. (1) Real estate agencies may open if they 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.

Personal care services

8. (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 require the removal of a mask or face covering may be provided.

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

3. No member of the public may be permitted to enter the premises except by appointment.

4. No member of the public may be permitted to be in the premises except for the period of time during which they are receiving personal care services.

5. The total number of patrons permitted indoors in the establishment must be limited to the number that can maintain a physical distance of at least two metres from every other person in the establishment, and in any event cannot exceed 25 per cent capacity as determined in accordance with subsection 3 (3) of Schedule 1.

6. The person responsible for the establishment must post a sign in a conspicuous location visible to the public that states the capacity limits under which the establishment is permitted to operate.

7. Music must not be played at a decibel level that exceeds the level at which normal conversation is possible.

8. Steam rooms and saunas must be closed.

9. Oxygen bars must be closed.

10. Individuals must be actively screened in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the indoor premises of the establishment.

(2) Subsection (1) does not apply to hair and makeup services described in section 22.

(3) Paragraphs 4 and 5 of subsection (1) do not apply to a single caregiver accompanying an individual receiving personal services or to a single child of such individual.

Personal physical fitness and sports trainers

9. Personal physical fitness and sports trainers may open if they comply with the following conditions:

1. Any services must be provided outside.

2. Services may not be provided, at one time, to more than the number of persons who can maintain a physical distance of at least three metres from every other person in the space where the services are provided.

3. Any person who is engaged in physical fitness or sports training activities must maintain a physical distance of at least three metres from any other person.

4. Team sports or games that may result in personal contact must not be practised or played unless the sport or game has been modified to avoid personal contact.

5. The personal trainer or sports trainer must prepare a safety plan in accordance with section 3.3 of Schedule 1.

6. The personal trainer or sports trainer must,

i. record the name and contact information of every member of the public whom they are providing services to,

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.

7. The personal trainer or sports trainer must actively screen individuals in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they engage in personal physical fitness or sports training activities.

Conference centres and convention centres

10. Conference centres and convention centres may open for events or trade shows that are held outdoors if they comply with the conditions for outdoor meeting and event spaces in section 4 of Schedule 1.

Shopping and retail

Retailers

11. (1) The following businesses that engage in retail sales to the public may open if they comply with the condition set out in subsection (2):

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

2. Pharmacies.

3. Discount and big box retailers that sell groceries to the public.

4. Safety supply stores.

5. Businesses that primarily sell, rent or repair assistive devices, aids or supplies, mobility devices, aids or supplies or medical devices, aids or supplies.

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

7. Retail stores operated by telecommunications providers.

8. Stores, other than establishments described in section 1, that sell liquor, including beer, wine and spirits.

9. Outdoor garden centres and plant nurseries.

10. Indoor greenhouses.

(2) The business must comply with the following condition:

1. They must ensure that any music played at the place of business is not at a decibel level that exceeds the level at which normal conversation is possible.

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

(4) Nothing in this section permits a business located within an indoor farmer’s market to exceed 25 per cent capacity for in-store shopping unless it is a business that primarily sells food.

Motor vehicles, etc.

12. (1) Businesses that sell the following may open if they comply with the conditions set out in subsection (2):

1. Motor vehicles, including cars, trucks and motorcycles.

2. Recreational vehicles, including motor homes.

3. Trailers and travel trailers.

4. Boats and other watercraft.

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

(2) The business must comply with the following conditions:

1. 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.

Other retail

13. (1) All businesses, other than those described in sections 1, 11 and 12, that engage in the retail sale, or rental, of items to the public may open if they comply with the following conditions:

1. They must limit the total number of members of the public in the place of business so that the total number of members of the public 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 ensure that any music played at the place of business is not at a decibel level that exceeds the level at which normal conversation is possible.

(2) 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) and provide products to patrons through in-person sales or through an alternative method of sale, such as curbside pick-up or delivery.

(3) Despite subsection 32 (2) of Ontario Regulation 268/18 (General) made under the Smoke-Free Ontario Act, 2017, a person responsible for a specialty vape store as defined in that Regulation that is permitted to be open in accordance with the conditions described in subsection (1) of this section shall not permit an electronic cigarette to be used for the purpose of sampling a vapour product in the specialty vape store.

Shopping malls

14. (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.

(3) The person responsible for a shopping mall shall ensure that the following conditions are complied with:

1. Members of the public who enter the shopping mall must not be permitted to loiter in any area of the shopping mall.

2. The person must ensure that music is not played at the shopping mall at a decibel level that exceeds the level at which normal conversation is possible.

3. The number of members of the public in the shopping mall at any one time must not exceed the total capacity determined by taking the sum of the capacities of every business in the mall.

4. No member of the public may be permitted to line up or congregate outside of the mall unless they are maintaining a physical distance of at least two metres from other groups of persons inside or outside the mall.

5. No member of the public may be permitted to line up or congregate inside the mall unless they are,

i. maintaining a physical distance of at least two metres from other groups of persons inside or outside the mall, and

ii. 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) of Schedule 1.

Education

Schools and private schools

15. (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 4 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;

(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; or

(e) to facilitate the operation of a day camp for children described in section 21.

(3) Subsections (1) and (2) do not apply to schools that meet the condition set out in subsection (4) and 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.

(4) A school described in subsection (3) may open if it meets the following condition:

1. 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.

(5) A school or private school may allow persons, other than persons allowed to be at the school or private school under subsection (2), to enter the school or private school temporarily, as necessary,

(a) to prepare for an end-of-school-year celebration ceremony described in subsection 1 (4) of Schedule 3, if the person is a staff member or student at the school or private school and is required to be indoors for such preparation;

(b) to use a washroom or as may otherwise be required for the purposes of health and safety while attending the end-of-school-year celebration; or

(c) to return goods or supplies or retrieve personal belongings.

(6) If a board within the meaning of the Education Act offers a personal support worker training program through adult and continuing education, the rules in subsection 16 (1) apply to the program.

Post-secondary institutions

16. (1) Post-secondary institutions may open to provide in-person teaching or instruction if they comply with the following conditions:

1. 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.

2. The total number of students permitted to be in each instructional space in 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 space, and in any event cannot exceed,

i. 50 persons, if the instructional space is indoors, or

ii. 100 persons, if the instructional space is outdoors.

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

(a) every person who is singing or playing must be separated from every other person by plexiglass or some other impermeable barrier; or

(b) every person in the instructional space must remain at least three metres apart from every other person in the instructional space.

(3) 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.

Businesses that provide teaching and instruction

17. Businesses that provide in-person teaching and instruction may open if they comply with the following conditions:

1. The instructional space for the in-person teaching and instruction must be outdoors.

2. The students must 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.

3. The total number of students permitted to be in each instructional space at any one time must be limited to the number of persons who can maintain a physical distance of at least two metres from every other person in the space where the instruction is provided.

4. If the in-person teaching or instruction 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, or

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

5. Students must be actively screened in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the business.

6. The person responsible for the business shall,

i. record the name and contact information of every student who attends the in-person teaching and instruction,

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.

Driving instruction

18. (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 motor vehicle, unless the type of instruction requires more than one driving instructor to be present.

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

4. Every student must be actively screened in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the vehicle.

(2) For greater certainty, driving instruction that is provided in an instructional space must comply with the conditions set out in section 17.

Sports and fitness

Facilities for indoor or outdoor sports and recreational fitness activities

19. (1) Facilities for indoor or outdoor sports and recreational fitness activities may open if they meet the conditions set out in subsection (2), (3), (4) or (7), 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 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,

i. 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

ii. permitted to train, compete, coach or officiate under the safety protocols put in place by a national sport organization mentioned in subparagraph i.

2. 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,

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

iii. spectators at an outdoor facility, provided that the number of spectators in the facility at any one time does not exceed,

A. for a facility that has an area designated for spectator seating, 25 per cent of the usual seating capacity, and

B. for a facility that does not have an area designated for spectator seating, 25 per cent capacity, determined by taking the total square metres of the area, dividing that number by 16 and rounding the result down to the nearest whole number.

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

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

i. A day camp or overnight camp for children described in section 21. 

ii. A provider of child care 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 10 people are permitted to occupy the space.

iv. The provision of social services.

(4) 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 3.1, 3.2, 3.3 and 7 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.

(5) Despite paragraph 1 of subsection (3) and paragraph 1 of subsection (4), a facility may be open for both purposes described subsections (3) and (4) if the facility meets the conditions in both subsections.

(6) For greater certainty, no indoor or outdoor sports or recreational classes are permitted at any indoor or outdoor sport and recreational facilities, except as permitted under subsection (7).

(7) A facility for outdoor sports and recreational fitness activities, including a facility for indoor sports and recreational fitness activities that has such outdoor facilities, may be open if it complies with the following conditions:

1. No patrons are permitted to be in the indoor areas of the facility, except as may be necessary,

i. to access a washroom,

ii. to access an outdoor area that can only be accessed through an indoor route, or

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

2. The number of spectators at the facility at any one time must not exceed,

i. for a facility that has an area designated for spectator seating, 25 per cent of the usual seating capacity, and

ii. for a facility that does not have an area designated for spectator seating, 25 per cent capacity, determined by taking the total square metres of the area, dividing that number by 16 and rounding the result down to the nearest whole number.

3. The total number of members of the public permitted to be at the facility 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 at the facility.

4. Every person participating in a fitness or exercise class must maintain a physical distance of at least three metres from every other person.

5. Team sports or games that may result in personal contact must not be practised or played at the facility unless the sport or game has been modified to avoid personal contact.

6. The person responsible for the facility, or, where there is no such responsible person, the person holding a permit for the use of the facility, must,

i. record the name and contact information of every member of the public who enters 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.

7. The facility must actively screen individuals who participate in team sports or fitness or exercise classes in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the facility.

8. Prior to permitting any players in an organized sports league to practise or play the sport in the facility, the facility must ensure that the league has prepared a safety plan in accordance with section 3.3 of Schedule 1.

(8) Despite paragraph 1 of subsection (2), paragraph 1 of subsection (3) and paragraph 1 of subsection (4), a facility may be open for both a purpose described in subsection (2), (3) or (4) as applicable and a purpose described in subsection (7), if the facility meets the conditions in both subsections.

Outdoor recreational amenities

Outdoor recreational amenities

20. Outdoor recreational amenities may open if they comply with the following conditions:

1. Team sports or games that may result in personal contact must not be practised or played at the facility unless the sport or game has been modified to avoid personal contact.

2. Any steam rooms and saunas on the premises must be closed.

3. Clubhouses must be closed, except,

i. for the purpose of serving food or beverages to members or patrons in accordance with section 1 of this Schedule,

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

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

Camps for children

Camps for children

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

(2) Camps that provide supervised overnight accommodation for children may open if they operate in a manner consistent with the safety guidelines for COVID-19 for overnight camps produced by the Office of the Chief Medical Officer of Health.

Media industries

Film and television production

22. (1) Commercial film and television production, including 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.

4. The person responsible for the film or television production must ensure that the production operates in accordance with the guidance document titled “Film and television industry health and safety during COVID-19” issued by the Film and Television Health and Safety Advisory Committee of the Ministry of Labour, Training and Skills Development, as amended from time to time.

(2) For greater certainty, 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.

Photography studios and services

23. Photography studios and services may open if they comply with the following conditions:

1. Photography may only be provided by appointment.

2. Patrons must be actively screened in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before photography is provided.

3. If the photographs are taken indoors,

i. no more than 5 patrons may be in the indoor space where photographs are taken at any one time, unless they are all members of the same household or a caregiver for any member of the household, and

ii. a sign must be posted in a conspicuous location visible to the public that states the capacity limits under which the establishment is permitted to operate.

Entertainment

Indoor concert venues, theatres and cinemas

24. Indoor concert venues, theatres and cinemas may open for the purpose of rehearsing or performing a recorded or broadcasted concert, artistic event, theatrical performance or other performance if they comply with the following conditions:

1. No spectators may be permitted in the concert venue, theatre or cinema.

2. Every performer and other person who provides work for the concert venue, theatre or cinema must maintain a physical distance of at least two metres from every other person, except,

i. if it is necessary for the purposes of the performance or rehearsal that the performers or persons who provide work for the concert venue, theatre or cinema must be closer to each other, or

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

3. The person responsible for the concert venue, theatre or cinema must,

i. record the name and contact information of every performer and other person who provides work for the concert venue, theatre or cinema who enters an indoor area of 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.

Outdoor concert venues, theatres and cinemas

25. Outdoor concert venues, theatres and cinemas may open if they comply with the following conditions:

1. The number of members of the public in the outdoor area of the concert venue, theatre or cinema at any one time must not exceed 25 per cent capacity, determined by taking the total square metres of the outdoor area accessible to the public in the concert venue, theatre or cinema, dividing that number by 16 and rounding the result down to the nearest whole number.

2. The number of members of the public at a seated concert, event, performance or movie within the concert venue, theatre or cinema at any one time must not exceed 25 per cent of the usual seating capacity for the concert, event, performance or movie.

3. No member of the public may attend a seated concert, event, performance or movie within the concert venue, theatre or cinema unless they have made a reservation to do so.

4. No member of the public may be permitted to enter the indoor premises of the concert venue, theatre or cinema, except,

i. to access a washroom,

ii. to access an outdoor area that can only be accessed through an indoor route,

iii. to engage in retail sales, or

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

5. The person responsible for the concert venue, theatre or cinema must post a sign in a conspicuous location visible to the public that states the capacity limits under which the concert venue, theatre or cinema is permitted to operate and the capacity limits of any seated concert, event, performance or movie within the concert venue, theatre or cinema.

6. The person responsible for the concert venue, theatre or cinema must prepare a safety plan in accordance with section 3.3 of Schedule 1.

Drive-in or drive-through venues

26. Outdoor drive-in or drive-through concert venues and theatres and drive-in cinemas may open if they comply with the following conditions:

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.

Museums, etc.

27. (1) Museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions may open for outdoor activities if they comply with the following conditions:

1. The number of members of the public in the outdoor ticketed area of the attraction at any one time must not exceed 25 per cent capacity, determined by taking the total square metres of the outdoor ticketed area accessible to the public in the attraction, dividing that number by 16 and rounding the result down to the nearest whole number.

2. The number of members of the public at a seated event or activity within the attraction at any one time must not exceed 25 per cent of the usual seating capacity for the event or activity.

3. No member of the public may attend a seated event or activity within the attraction unless they have made a reservation to do so.

4. No member of the public may be permitted to enter the indoor premises of the attraction, except,

i. to access a washroom,

ii. to access an outdoor area that can only be accessed through an indoor route,

iii. to engage in retail sales, or

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

5. Any amusement rides operated by the attraction must be operated to enable every person on the ride to maintain a physical distance of at least two metres from every other person on the ride, except where necessary,

i. to facilitate payment, or

ii. for the purposes of health and safety.

6. Any tour vehicles operated by the attraction must be operated to enable every person on the tour vehicle, including tour guides, to maintain a physical distance of at least two metres from every other person, except where necessary,

i. to facilitate payment, or

ii. for the purposes of health and safety.

7. Every person on an amusement ride or tour vehicle must wear a mask or face covering in a manner that covers their mouth, nose and chin during any period in which they come within two metres of another person, unless they are entitled to any of the exceptions set out in subsection 2 (4) of Schedule 1.

8. The person responsible for the attraction must post a sign in a conspicuous location visible to the public that states the capacity limits under which the attraction is permitted to operate and the capacity limits of any seated event or activity within the attraction.

9. The person responsible for the attraction must prepare a safety plan in accordance with section 3.3 of Schedule 1.

(2) Paragraphs 5, 6 and 7 of subsection (1) do not apply in respect of a group of persons if the persons are all,

(a) members of the same household;

(b) a member of one other household who lives alone; or

(c) a caregiver for any member of either household.

Casinos, bingo halls and gaming establishments

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

Racing venues

29. Outdoor horse racing tracks, car racing tracks and other similar venues may open if they comply with the following conditions:

1. The number of members of the public in the venue at any one time must not exceed 25 per cent of the usual seating capacity of the venue.

2. No member of the public may enter the venue unless they have made a reservation to do so.

3. No member of the public may be permitted to enter the indoor premises of the venue, except,

i. to access a washroom,

ii. to access an outdoor area that can only be accessed through an indoor route,

iii. to place a bet or engage in retail sales, or

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

4. The person responsible for the venue must post a sign in a conspicuous location visible to the public that states the capacity limits under which the venue is permitted to operate.

5. The person responsible for the venue must prepare a safety plan in accordance with section 3.3 of Schedule 1.

Amusement parks

30. (1) Outdoor amusement parks and waterparks may open if they comply with the following conditions:

1. The number of members of the public in the outdoor area of the park at any one time must not exceed 25 per cent capacity, determined by taking the total square metres of the outdoor area of the park accessible to the public in the amusement park, dividing that number by 16 and rounding the result down to the nearest whole number.

2. The number of members of the public at any particular attraction within the park at any one time must not exceed 25 per cent capacity, determined by taking the total square metres of the outdoor area accessible to the public in the particular attraction, dividing that number by 16 and rounding the result down to the nearest whole number.

3. The number of members of the public at a seated event or activity within the park at any one time must not exceed 25 per cent of the usual seating capacity for the event or activity.

4. No member of the public may attend a seated event or activity within the park unless they have made a reservation to do so.

5. No member of the public may be permitted to enter the indoor premises of the park, except,

i. to access a washroom, 

ii. to access an outdoor area that can only be accessed through an indoor route,

iii. to engage in retail sales, or

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

6. Any amusement rides at the park must be operated to enable every person on the ride to maintain a physical distance of at least two metres from every other person on the ride, except where necessary,

i. to facilitate payment, or

ii. for the purposes of health and safety.

7. Every person on an amusement ride, other than a water ride, must wear a mask or face covering in a manner that covers their mouth, nose and chin during any period in which they come within two metres of another person, unless they are entitled to any of the exceptions set out in subsection 2 (4) of Schedule 1.

8. The person responsible for the park must post a sign in a conspicuous location visible to the public that states the capacity limits under which the park is permitted to operate and the capacity limits of any seated event or activity within the park.

9. The person responsible for the park must prepare a safety plan in accordance with section 3.3 of Schedule 1.

(2) Paragraphs 6 and 7 of subsection (1) do not apply in respect of a group of persons if the persons are all,

(a) members of the same household;

(b) a member of one other household who lives alone; or

(c) a caregiver for any member of either household.

Outdoor fairs, rural exhibitions, festivals

31. (1) Outdoor fairs, rural exhibitions, festivals and similar outdoor events may open if they comply with the following conditions:

1. The number of members of the public in the outdoor area of the facility where the outdoor event takes place at any one time must not exceed 25 per cent capacity, determined by taking the total square metres of the outdoor area accessible to the public at the facility, dividing that number by 16 and rounding the result down to the nearest whole number.

2. The number of members of the public at any particular attraction within the facility must not exceed 25 per cent capacity, determined by taking the total square metres of the outdoor ticketed area accessible to the public in the particular attraction, dividing that number by 16 and rounding the result down to the nearest whole number.

3. The number of members of the public at a seated event or activity within the facility at any one time must not exceed 25 per cent of the usual seating capacity for the event or activity.

4. No member of the public may attend a seated event or activity within the facility unless they have made a reservation to do so.

5. No member of the public may be permitted to enter the indoor premises of the facility, except,

i. to access a washroom, 

ii. to access an outdoor area that can only be accessed through an indoor route,

iii. to engage in retail sales, or

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

6. Any amusement rides at the facility must be operated to enable every person on the ride to maintain a physical distance of at least two metres from every other person on the ride, except where necessary,

i. to facilitate payment, or

ii. for the purposes of health and safety.

7. Every person on an amusement ride, other than a water ride, must wear a mask or face covering in a manner that covers their mouth, nose and chin during any period in which they come within two metres of another person, unless they are entitled to any of the exceptions set out in subsection 2 (4) of Schedule 1.

8. The person responsible for the event must post a sign in a conspicuous location visible to the public that states the capacity limits under which the event is permitted to operate and the capacity limits of any seated event or activity within the facility.

9. The person responsible for the event must prepare a safety plan in accordance with section 3.3 of Schedule 1.

(2) Paragraphs 6 and 7 of subsection (1) do not apply in respect of a group of persons if the persons are all,

(a) members of the same household;

(b) a member of one other household who lives alone; or

(c) a caregiver for any member of either household.

Tour and guide services

32. (1) Businesses that provide outdoor tour and guide services, including guided hunting trips, tastings and tours for wineries, breweries and distilleries, fishing charters, trail riding tours, walking tours and bicycle tours, but not motor vehicle tours in motor vehicles that are designed to be closed to the elements, may open if they comply with the following conditions:

1. The tour must be operated to enable every person on the tour, including tour guides, to maintain a physical distance of at least two metres from every other person, except where necessary,

i. to facilitate payment, or

ii. for the purposes of health and safety.

2. The number of members of the public on the tour must not exceed the number of persons that would permit compliance with paragraph 1 while on the tour.

3. The persons on the tour must remain outdoors at all times, except where necessary to use a washroom or as may otherwise be required for the purposes of health and safety.

4. The person responsible for the business must,

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

5. The person responsible for the business must actively screen employees and any performers in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health.

(2) For greater certainty, paragraph 1 of subsection (1) does not require persons who are all members of the same household, one other person from outside that household who lives alone or a caregiver for any member of either household to maintain a physical distance of at least two metres from each other while on a tour.

Boat tours

33. Business that provide boat tours in which the passengers are required to embark and disembark within the province of Ontario and that are not otherwise prohibited from opening by an order made by the Minister of Transport (Canada) under the Canada Shipping Act, 2001 may open if they comply with the following conditions:

1. The total number of members of the public permitted on the boat 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 on the vessel, and in any event must not exceed 25 per cent of the usual maximum number of passengers that may be carried on board, as indicated on the vessel’s inspection certificate or Passenger Ship Safety Certificate issued under the Vessel Certificates Regulations (Canada) or on an equivalent certificate issued by a foreign government.

2. The person responsible for the business must post a sign in a conspicuous location visible to the public that states the capacity limits under which the boat tour is permitted to operate.

3. No member of the public may go on the boat tour unless they have made a reservation to do so.

4. No member of the public may be permitted to enter any indoor area of the boat, except,

i. to access a washroom,

ii. to access an outdoor area that can only be accessed through an indoor route,

iii. to engage in retail sales, or

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

5. The person responsible for the business must,

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

6. The person responsible for the business must actively screen employees and any performers in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health.

Marinas, boating clubs etc.

34. (1) 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 clubhouse, restaurant, indoor pool, communal steam room, sauna or indoor whirlpool, meeting room, indoor fitness centre or other indoor 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 or outdoor dining in accordance with section 1 of this Schedule,

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.

Nightclubs

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

Strip clubs

36. Strip clubs are closed, except for the purpose of serving food or beverages to patrons in accordance with section 1 of this Schedule.

Bathhouses, sex clubs

37. Bathhouses and sex clubs are closed.

Campgrounds

38. Campgrounds may open if they comply with the following condition:

1. Any restaurant, indoor pool, communal steam room, sauna or indoor whirlpool, meeting room, indoor fitness centre or other indoor 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 or outdoor dining in accordance with section 1 of this Schedule,

iii. contains a washroom, or

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

O. Reg. 488/21, s. 4.

SCHEDULE 3
Organized Public Events, Certain Gatherings

Gatherings

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

(a) an organized public event of more than,

(i) 5 people if the event is held indoors, or

(ii) 25 people if the event is held outdoors;

(b) a social gathering of more than,

(i) 5 people if the gathering is held indoors, or

(ii) 25 people if the gathering is held outdoors; or

(c) a social gathering associated with a wedding, a funeral or a religious service, rite or ceremony of more than,

(i) 5 people if the gathering is held indoors, or

(ii) 25 people if the gathering is held outdoors.

(2) For greater certainty, the limits in clause (1) (c) apply to a social gathering associated with a wedding, a funeral or a religious service, rite or ceremony, such as a wedding reception, while the limits that apply to the wedding, funeral or religious service, rite or ceremony itself are set out in sections 4 to 6.

(3) For greater certainty, subsections (1) and (2) apply with respect to an organized public event or social gathering even if it is held at a private dwelling, including houses, apartment buildings, condominium buildings and post-secondary student residences.

(4) Subclauses (1) (a) (ii) and (b) (ii) do not apply with respect to an outdoor end-of-school-year celebration ceremony held by a school or private school within the meaning of the Education Act that is in compliance with a direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health.

(5) All persons participating in an end-of-school-year celebration ceremony described in subsection (4) must remain outdoors at all times, except as permitted under subsection 15 (5) of Schedule 2.

Exceptions, single household

2. Section 1 does not apply with respect to,

(a) a gathering of members of a single household;

(b) a gathering that includes members of a household and one other person from another household who lives alone; or

(c) a gathering that includes persons described in clause (a) or (b), and a caregiver for any of those persons.

Exception, retirement homes

2.1 Section 1 does not apply with respect to a gathering in a retirement home within the meaning of the Retirement Homes Act, 2010 if it is in compliance with the policies or guidance, if any, issued by the Retirement Homes Regulatory Authority.

Exceptions from organized public event requirements

3. The prohibitions on attendance at an organized public event in clause 1 (1) (a) do not apply with respect to attendance at,

(a) an event at a business or place to which a capacity limit set out in Schedule 1 or 2 applies, if the event is held in accordance with that capacity limit;

(b) a day camp or overnight camp for children that is in compliance with section 21 of Schedule 2; or

(c) a drive-in cinema, or a business or place that provides drive-in or drive-through concerts, artistic events, theatrical performances and other performances, that is in compliance with section 26 of Schedule 2.

Exceptions from social gathering requirements

3.1 The prohibitions on attendance at a social gathering in subclause 1 (1) (b) (ii) do not apply with respect to attendance at,

(a) a meeting or event space operating in compliance with section 4 of Schedule 1;

(b) a food or drink establishment operating in compliance with section 1 of Schedule 2; or

(c) a conference centre or convention centre operating in compliance with section 10 of Schedule 2.

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) No person shall attend a gathering to which this section applies unless the following conditions are met:

1. The number of persons occupying any room in the building or structure while attending the gathering must not exceed 25 per cent of the capacity of the particular room.

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

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) No person shall attend a gathering to which this section applies unless the following conditions are met:

1. Revoked: O. Reg. 222/21, s. 3 (1).

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

6. Revoked: O. Reg. 222/21, s. 3 (2).

O. Reg. 572/20, s. 5; O. Reg. 656/20, s. 5; O. Reg. 222/21, s. 3; O. Reg. 488/21, s. 5.

Schedule 4
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.

2. 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.

3. An individual who performs work in relation to the administration, manufacturing or distribution of COVID-19 vaccines and whose work cannot be performed remotely.

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

5. 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.

6. A police officer as defined in the Police Services Act.

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

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

9. 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.

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

11. 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.

12. 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 or the Ministry of the Solicitor General, including,

i. the Indigenous Courtwork Program,

ii. the Indigenous Bail Verification and Supervision Program, or

iii. the Indigenous Bail Beds Program.

13. 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.

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

15. 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.

16. A paramedic as defined in the Ambulance Act.

17. A coroner as defined in the Coroners Act.

18. 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.

19. 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.

20. 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.

21. 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.

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

23. 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.

24. 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.

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

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

27. 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.

28. 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.

29. 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.

30. 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 subsection 35 (1) of that Act.

31. 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.

32. 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.

33. 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.

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

35. 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.

36. 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.

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

38. An individual appointed as an inspector under subsection 28 (1) of the Child Care and Early Years Act, 2014.

39. Any individual whose child was registered in an emergency child care program delivered by a consolidated municipal service manager or district social service administration board during the time period beginning on April 6, 2021 and ending on April 16, 2021.

40. 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.

41. 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.

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

43. 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.

44. 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.

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

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

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

48. 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.

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

50. 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.

51. An individual who performs work that is essential to the operation of, or who conducts COVID-19 sampling and analysis related to,

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.

52. An individual employed in the Ministry of the Environment, Conservation and Parks who performs work in relation to the following and whose work cannot be performed remotely:

i. Laboratory services.

ii. Environmental monitoring and reporting.

iii. Responding to environmental incidents.

iv. The operation of Ontario Parks.

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

54. 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.

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

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

57. 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 1 of Schedule 2.

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

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

60. 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.

61. An individual employed by a municipal transit agency, Metrolinx or the Ontario Northland Transportation Commission whose work cannot be performed remotely.

62. An individual who works for a business that performs construction activities or projects and related services that support construction activities or projects, including demolition services.

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

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

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

O. Reg. 488/21, s. 6.