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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

Consolidation Period:  From January 18, 2022 to the e-Laws currency date.

Last amendment: 16/22.

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, 502/21, 519/21, 845/21, 2/22, 16/22.

This is the English version of a bilingual regulation.

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

 

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.

(2.1) 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 by a medical officer of health after consultation with the Office of the Chief Medical Officer of Health,

(a) requiring the business or organization to establish, implement and ensure compliance with a COVID-19 vaccination policy; or

(b) setting out the precautions and procedures that the business or organization must include in its COVID-19 vaccination policy.

(2.2) In subsection (2.1),

“medical officer of health” means a medical officer of health as defined in subsection 1 (1) of the Health Protection and Promotion Act.

(2.3) Despite section 1, the person responsible for a business or organization with an indoor area that is required to be closed under this Order may permit persons to enter the 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.

(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) Revoked: O. Reg. 2/22, s. 1 (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).

(8) Where directives, policies or guidance that apply to a long-term care home within the meaning of the Long-Term Care Homes Act, 2007 are issued by the Office of the Chief Medical Officer of Health, the Minister of Long-Term Care or Ministry of Long-Term Care, such directives, policies or guidance apply despite anything in this Order.

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).

Proof of vaccination

2.2 (1) The person responsible for a business or an organization described in subsection (2) that is open shall require each patron who enters an area of the premises of the business or organization that is described in that subsection to provide, at the point of entry, proof of identification and of being fully vaccinated against COVID-19.

(2) Subsection (1) applies with respect to the following areas of the premises of the following businesses and organizations:

1. The indoor areas of facilities used for sports and recreational fitness activities, but not including places described in subsection 19 (3) of Schedule 2.

2. Any of the following outdoor areas that have a usual capacity of 20,000 or more persons:

i. Outdoor meeting and event spaces, including conference centres or convention centres, but not including places described in subsection 4 (1) of this Schedule.

ii. Outdoor facilities used for sports and recreational fitness activities, including waterparks and facilities where personal physical fitness trainers provide instruction, including, for greater certainty, the outdoor areas of facilities where spectators watch events, but not including places described in subsection 19 (3) of Schedule 2.

iii. Outdoor concert venues, theatres and cinemas.

iv. Outdoor horse racing tracks, car racing tracks and other similar venues.

(3) Subsection (1) does not apply where a patron is entering an indoor area solely,

(a) to use a washroom;

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

(c) to make a retail purchase;

(d) while placing or picking up an order, including placing a bet or picking up winnings in the case of a horse racing track;

(e) while paying for an order;

(f) to purchase admission; or

(g) as may be necessary for the purposes of health and safety.

(4) The person responsible for a business or an organization to which this section applies shall comply with guidance published by the Ministry of Health on its website specifying,

(a) what constitutes proof of,

(i) identification,

(ii) being fully vaccinated against COVID-19, and

(iii) being entitled to an exemption under subsection (6); and

(b) the manner of confirming, for the purposes of this section, that a patron is fully vaccinated against COVID-19 or is entitled to an exemption under subsection (6).

(5) For the purpose of this section, a person is fully vaccinated against COVID-19 if,

(a) they have received,

(i) the full series of a COVID-19 vaccine authorized by Health Canada, or any combination of such vaccines,

(ii) one or two doses of a COVID-19 vaccine not authorized by Health Canada, followed by one dose of a COVID-19 mRNA vaccine authorized by Health Canada, or

(iii) three doses of a COVID-19 vaccine not authorized by Health Canada; and

(b) they received their final dose of the COVID-19 vaccine at least 14 days before providing the proof of being fully vaccinated.

(6) A business or an organization is exempt from the requirement under subsection (1) in respect of patrons,

(a) who are under 12 years of age;

(b) who were born in 2010 and who are 12 years and 12 weeks of age or younger;

(c) who provide documentation that confirms, in accordance with the Ministry’s guidance mentioned in subsection (4), that the patron is currently participating in a COVID-19 vaccine clinical trial that is authorized by Health Canada and specified in that guidance; or

(d) who provide documentation that, in accordance with the Ministry’s guidance mentioned in subsection (4),

(i) confirms that the patron has a medical reason for not being fully vaccinated against COVID-19, and

(ii) specifies the effective time-period for the medical reason.

(7) A person who is a patron shall not enter an area described in subsection (2) without providing the information required by subsection (1) except,

(a) for a purpose specified in subsection (3); or

(b) in the circumstances described in subsection (6).

(8) A business or organization may use an electronic application to confirm, for the purposes of this section, that a patron is fully vaccinated against COVID-19 or is entitled to an exemption under subsection (6) only if the electronic application is listed in the guidance published by the Ministry of Health on its website.

(9) A person who provides any information to a business or an organization to satisfy a requirement under this section shall ensure that their information is complete and accurate.

(10) Subject to subsection (11), no person shall retain, record, copy, modify, use or disclose any information provided pursuant to this section.

(11) A business or organization may use information provided pursuant to this section solely for the purpose of confirming, for the purposes of this section, that a patron is fully vaccinated against COVID-19 or is entitled to an exemption under subsection (6).

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, or part of a business or facility, that is operating in an indoor setting at 50 per cent capacity is determined by taking 50 per cent of the maximum occupant load of the business or facility, or part of a business or facility, as applicable, as calculated in accordance with Ontario Regulation 213/07 (Fire Code), made under the Fire Protection and Prevention Act, 1997.

(3) For the purposes of this Order, the maximum number of members of the public permitted in a business or facility, or part of a business or facility, that is operating in an indoor setting at 25 per cent capacity is determined by taking 25 per cent of the maximum occupant load of the business or facility, or part of a business or facility, as applicable, as calculated in accordance with Ontario Regulation 213/07 (Fire Code), made under the Fire Protection and Prevention Act, 1997.

(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.

General capacity rules

3.0.1 (1) If any provisions of this Order impose a limit on the number of persons who may occupy an area, the more restrictive limit on the area’s capacity prevails.

(2) Unless otherwise provided, a capacity limit set out in this Order applies to the whole business or facility, not to individual rooms or areas within the business or facility.

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 or outdoor 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) Revoked: O. Reg. 2/22, s. 1 (7).

(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);

(c) in situations where another provision of this Order expressly authorizes persons to be closer than two metres from each other; and

(d) when in an indoor instructional space at a post-secondary institution as defined in subsection 16 (3) of Schedule 2, other than an Indigenous Institute to which paragraph 1 of subsection 16 (1) of Schedule 2 applies.

(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) Revoked: O. Reg. 2/22, s. 1 (9).

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, section 19.1 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 indoor meeting or event space if the indoor meeting or event space is only rented out,

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

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

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

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

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

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

(g) for the purpose of operations and services of the health sector, including immunization clinics;

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

(3) 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 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 business or place is permitted to operate.

2. No more than 10 people may be seated together at any table in the rented space unless everyone seated at the table is,

i. a member of the same household,

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

iii. a caregiver for any member of either household.

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

i. while entering the rented space and while moving to their table,

ii. while exiting the rented space,

iii. while going to or returning from a washroom,

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

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

4. No patrons are permitted to dance or sing, including by performing karaoke, within the rented space.

5. 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.

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

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.

(4) Paragraphs 5 and 6 of subsection (3) do not apply if the business or place is rented out,

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

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

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

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

(e) for the purpose of delivering or supporting the delivery of government services.

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.

(3) Clause (1) (b) does not apply with respect to the Rogers Centre in Toronto.

(4) For the purposes of this Order, the spectator areas of the Rogers Centre in Toronto shall be treated as if they were indoors, regardless of whether the Centre’s retractable roof is open or closed.

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 two 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

0.1

Canadian Curling Association, but only in respect of those teams that have qualified for Canadian Curling Association national or Canadian Curling Association international championships

Curling

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 section 19.1.

(8) Revoked: O. Reg. 2/22, s. 1 (15).

(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.

Sale and service of liquor

9. (1) The person responsible for a business or place that is open and in which liquor is sold or served under a licence or a special occasion permit shall ensure that,

(a) liquor is sold or served only between 9 a.m. and 10 p.m.; and

(b) no consumption of liquor is permitted in the business or place between the hours of 11 p.m. and 9 a.m.

(2) The conditions set out in subsection (1) do not apply with respect to businesses and places in airports.

(3) The conditions set out in subsection (1) do not apply with respect to,

(a) the sale of liquor for removal from licensed premises in accordance with section 40 of Ontario Regulation 746/21 (Licensing) made under the Liquor Licence and Control Act, 2019;

(b) the sale of liquor under a licence to operate a retail store in accordance with Part IV of Ontario Regulation 746/21 (Licensing) made under the Liquor Licence and Control Act, 2019; and

(c) the sale of liquor for delivery in accordance with section 41 of Ontario Regulation 746/21 (Licensing) made under the Liquor Licence and Control Act, 2019.

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; O. Reg. 519/21, s. 1; O. Reg. 2/22, s. 1; O. Reg. 16/22, s. 1.

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. 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.

3. No more than 10 people may be seated together at any table in the establishment unless everyone seated at the table is,

i. a member of the same household,

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

iii. a caregiver for any member of either household.

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

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

5. They must open no earlier than 5 a.m. and close no later than 11 p.m., but may provide take-out, drive-through or delivery service outside of those hours.

6. 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 establishment.

7. 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.

8. No patrons are permitted to dance or sing, including by performing karaoke, within the establishment.

(2) For greater certainty, the person responsible for the establishment must prepare a safety plan in accordance with section 3.3 of Schedule 1.

(3) Paragraphs 6 and 7 of subsection (1) do not apply with respect to an establishment which requires all dine-in patrons to order or select their food or drink at a counter, food bar or cafeteria line and pay before receiving their order.

(4) Paragraphs 1, 5 and 6 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.

(5) For greater certainty, any business, place, facility or establishment at which food or drink is sold or served 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.

(6) 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.

(7) For greater certainty, this section does not apply to food or drink establishments where dance facilities are provided, during a time when patrons are permitted to make use of the dance facilities.

Food or drink establishments with dance facilities

1.1 Food or drink establishments with dance facilities, including nightclubs, restoclubs and other similar establishments, may open only for the purpose of providing food or drink in compliance with the conditions set out in section 1.

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 50 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1.

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

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

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

(c) 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. (1) Community centres and multi-purpose facilities may open if they comply with the following conditions:

1. The total number of members of the public in the community centre or multi-purpose facility at any one time must not exceed 50 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1.

2. Any indoor sports or recreational fitness activities must be in compliance with section 19.

3. Any outdoor sports or recreational fitness activities must be in compliance with section 19.1.

(2) Paragraph 1 of subsection (1) does not apply to any part of a community centre or multi-purpose facility that is used,

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

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

(c) 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.

4. Revoked: O. Reg. 2/22, s. 2 (5).

Short-term rentals

5. (1) Businesses providing short-term rental accommodation may open if they comply with the following conditions:

1. Rentals must only be provided to individuals who are in need of housing.

2. 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.

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

(3) Despite paragraph 1 of subsection (1), persons may rent out an ice fishing hut if,

(a) the ice fishing hut will only be used by members of the same household; and

(b) the ice fishing hut will not be used overnight.

(4) The conditions set out in clauses (3) (a) and (b) do not apply if the person is renting the ice fishing hut for the purpose of exercising an Aboriginal or treaty right as recognized and affirmed by section 35 of the Constitution Act, 1982.

Hotels, motels, etc.

6. Subject to section 5, 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., 5. Revoked: O. Reg. 2/22, s. 2 (8).

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) Revoked: O. Reg. 2/22, s. 2 (9).

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.-4. Revoked: O. Reg. 2/22, s. 2 (10).

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 if they comply with the conditions set out in section 4 of Schedule 1.

Shopping and retail

Retailers

11. (1) Businesses that engage in retail sales to the public may open if they comply with the following conditions:

1. 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.

2. If the business permits members of the public to test drive any 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,

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,

iv. the members of the public must be actively screened in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they participate in the test drive, and

v. all participants in the test drive must wear 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.

3. 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) 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) shall not permit an electronic cigarette to be used for the purpose of sampling a vapour product in the specialty vape store.

(3) 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.

12., 13. Revoked: O. Reg. 2/22, s. 2 (12).

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.

6. If the shopping mall is an indoor shopping mall, the shopping mall 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 mall.

Education

Schools and private schools

15. (1) Schools and private schools within the meaning of the Education Act may open if they comply with the following conditions:

1. They must be operated in accordance with a return to school direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health.

2. If a person who holds a study permit issued under the Immigration and Refugee Protection Act (Canada) and who entered Canada on or after November 17, 2020 attends the school, in-person teaching or instruction may only be provided to that person if the school or private school,

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

ii. operates in accordance with the approved plan.

(2) The condition set out in paragraph 1 of subsection (1) does not apply to a school operated by,

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

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

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

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. If the instructional space is indoors and is at an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017,

i. 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, and

ii. 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 the lesser of 1,000 persons and 50 per cent of the capacity of the instructional space, as determined in accordance with subsection 3 (2) of Schedule 1.

(2) Paragraph 1 of subsection (1) does not apply if the Indigenous Institute implements a COVID-19 vaccination policy consistent with any advice, recommendations and instructions issued under subsection 2 (2.1) of Schedule 1 for post-secondary institutions.

(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 clause 2 (d) of the Building Opportunities in the Skilled Trades Act, 2021, 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. (1) Businesses that provide in-person indoor teaching and instruction, other than those primarily engaged in the provision of health and safety training, are closed.

(2) Businesses that provide in-person outdoor teaching and instruction, other than those primarily engaged in the provision of health and safety training, may open if they comply with the following conditions:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

17.1 Businesses that are primarily engaged in the provision of health and safety training may open if they comply with the following conditions:

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

2. The total number of students permitted to be in each instructional space at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the business or place, and in any event must not exceed 50 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1.

3. 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.

4. 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 only provide instruction to drivers of commercial vehicles,

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

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

(ii) an air brake endorsement is required; or

(b) if they are a private career college that is in compliance with section 16.

(2) In this section,

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

Sports and fitness

Facilities for indoor sports and recreational fitness activities

19. (1) Facilities for indoor sports and recreational fitness activities may open if they meet the conditions set out in subsection (2), (3), (4) or (5), as applicable.

(2) A facility for indoor 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, and

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

(3) A facility for indoor 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 provider of child care within the meaning of the Child Care and Early Years Act, 2014.

ii. Mental health support services or addictions support services, so long as no more than 10 people are permitted to occupy the space.

iii. The provision of social services.

(4) A facility for indoor 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) A facility for indoor sports and recreational fitness activities may open in compliance with section 8 of Schedule 1.

(6) A facility may be open for any of the purposes described in subsection (2), (3), (4) or (5) if it opens solely for the purposes described in those subsections and complies with all of the conditions set out in those subsections.

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

Facilities for outdoor sports and recreational fitness activities

19.1 (1) Facilities for outdoor sports and recreational fitness activities may open if they comply with the following conditions:

1. 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, 50 per cent of the usual seating capacity, and

ii. for a facility that does not have an area designated for spectator seating, 50 per cent capacity, determined by taking the total square metres of the area, dividing that number by 8 and rounding the result down to the nearest whole number.

2. Every outdoor spectator must wear 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, or are seated with members of their own household only, and every member of the household is seated at least two metres from every person outside their household.

3. 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.

4. 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 actively screen individuals who enter the facility in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the facility.

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

(2) For the purposes of paragraph 2 of subsection (1), the references to “indoor area” in clauses 2 (4) (i) and (l) of Schedule 1 shall be read as “outdoor area” and, for greater certainty, spectators are permitted to remove a mask or face covering temporarily to consume food or drink, or as may be necessary for the purposes of health and safety.

Recreational amenities

Recreational amenities

20. (1) Indoor recreational amenities are closed.

(2) Outdoor recreational amenities may open if they comply with the following conditions:

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

2. 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. Day camps for children and overnight camps for children are closed.

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. If the studio or the place where the service is provided is indoors, 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 establishment.

2. The person responsible for the studio or service 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.

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

1. Spectators must be seated at all times while watching the concert, event, performance or film.

2. The number of members of the public at a concert, event, performance or movie within the concert venue, theatre or cinema at any one time must not exceed 50 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,

ii.1 to purchase admission,

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.

5.1 Every member of the public who is outdoors at a concert, event, performance or movie must wear 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, or are seated with members of their own household only, and every member of the household is seated at least two metres from every person outside their household.

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.

(2) For the purposes of paragraph 5.1 of subsection (1), the references to “indoor area” in clauses 2 (4) (i) and (l) of Schedule 1 shall be read as “outdoor area” and, for greater certainty, members of the public are permitted to remove a mask or face covering temporarily to consume food or drink, or as may be necessary for the purposes of health and safety.

Drive-in or drive-through venues

26. Outdoor drive-in or drive-through concert venues and theatres, drive-in cinemas, and drive-in or drive-through museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions may open if they comply with the following conditions:

1. Each person in attendance at the drive-in or drive-through venue, 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 or drive-through venue must ensure that it is positioned at least two metres away from other motor vehicles.

Museums, etc.

27. (0.1) Indoor museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions are closed.

(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 at a seated event or activity within the attraction at any one time must not exceed 50 per cent of the usual seating capacity for the event or activity.

2. Revoked: O. Reg. 2/22, s. 2 (32).

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,

ii.1 to purchase admission,

iii. to engage in retail sales, or

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

5. If a concert, event, performance or movie is held at the attraction, the conditions in sections 24 and 25 apply with respect to the concert, event, performance or movie.

6. Revoked: O. Reg. 2/22, s. 2 (34).

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) Revoked: O. Reg. 2/22, s. 2 (35).

Casinos, bingo halls and gaming establishments

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

Racing venues

29. (1) Indoor horse racing tracks, car racing tracks and other similar venues are closed.

(2) 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 50 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 purchase admission,

iv. to engage in retail sales,

v. to place a bet or pick up winnings, or

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

4. Every member of the public in an outdoor area of the venue must wear 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, or are seated with members of their own household only, and every member of the household is seated at least two metres from every person outside their household.

5. 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.

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

(3) For the purposes of paragraph 4 of subsection (2), the references to “indoor area” in clauses 2 (4) (i) and (l) of Schedule 1 shall be read as “outdoor area” and, for greater certainty, spectators are permitted to remove a mask or face covering temporarily to consume food or drink, or as may be necessary for the purposes of health and safety.

Amusement parks

30. (0.1) Indoor amusement parks and waterparks are closed.

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

1. The number of members of the public at a seated event or activity within the park at any one time must not exceed 50 per cent of the usual seating capacity for the event or activity.

2. If a concert, event, performance or movie is held at the park, the conditions in sections 24 and 25 apply with respect to the concert, event, performance or movie.

3. Revoked: O. Reg. 2/22, s. 2 (38).

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,

ii.1 to purchase admission,

iii. to engage in retail sales, or

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

6. Revoked: O. Reg. 2/22, s. 2 (40).

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) Revoked: O. Reg. 2/22, s. 2 (41).

Fairs, rural exhibitions, festivals

31. (0.1) Indoor fairs, rural exhibitions, festivals and similar indoor events are closed.

(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 at a seated event or activity within the facility at any one time must not exceed 50 per cent of the usual seating capacity for the event or activity.

2. If a concert, event, performance or movie is held at the facility, the conditions in sections 24 and 25 apply with respect to the concert, event, performance or movie.

3. Revoked: O. Reg. 2/22, s. 2 (43).

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,

ii.1 to purchase admission,

iii. to engage in retail sales, or

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

6. Revoked: O. Reg. 2/22, s. 2 (45).

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) Revoked: O. Reg. 2/22, s. 2 (46).

Tour and guide services

32. (0.1) Businesses that provide indoor tour and guide services are closed.

(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,

i. to access a washroom,

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

iii. to purchase admission,

iv. to engage in retail sales, or

v. as may be necessary 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 50 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,

ii.1 to purchase admission,

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) Revoked: O. Reg. 2/22, s. 2 (51).

35. Revoked: O. Reg. 2/22, s. 2 (52).

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; O. Reg. 502/21, s. 1; O. Reg. 845/21, s. 1; O. Reg. 2/22, s. 2.

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 5 people if the event is held indoors;

(b) a social gathering of more than,

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

(ii) 10 people if the event 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 event is held indoors, or

(ii) 10 people if the event is held outdoors.

(1.1) For greater certainty, every person in attendance at an indoor or outdoor organized public event must wear a mask or face covering in a manner that covers their mouth, nose or chin unless they are subject to an exception set out in subsection 2 (4) of Schedule 1.

(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 and 5.

(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), (5) Revoked: O. Reg. 2/22, s. 3 (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) Revoked: O. Reg. 2/22, s. 3 (3).

(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 subclauses 1 (1) (b) (ii) and 1 (1) (c) (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 50 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.

Gathering in motor vehicles for religious service, rite or ceremony

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

(2) No person shall attend a gathering to which this section applies unless the person follows all of the following precautions that apply to the person:

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

i. where necessary to use a washroom, or

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

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

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

O. Reg. 572/20, s. 5; O. Reg. 656/20, s. 5; O. Reg. 222/21, s. 3; O. Reg. 488/21, s. 5; O. Reg. 519/21, s. 2; O. Reg. 2/22, s. 3.

SCHEDULE 4  Revoked: O. Reg. 2/22, s. 4.

 

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