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O. Reg. 364/20: RULES FOR AREAS IN STAGE 3

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 364/20

formerly under Emergency Management and Civil Protection Act

RULES FOR AREAS IN STAGE 3

Historical version for the period February 12, 2021 to February 15, 2021.

Last amendment: 119/21.

Legislative History: 415/20, 428/20, 453/20, 456/20, 501/20, 519/20, 529/20, 530/20, 531/20, 546/20, 574/20, 579/20, 588/20, 642/20, 655/20, 687/20, 4/21, 98/21, 105/21, 115/21, 119/21.

This is the English version of a bilingual regulation.

Terms of Order

1. The terms of this Order are set out in Schedules 1, 2 and 3.

2. Revoked: O. Reg. 574/20, s. 1.

Application

3. (1) This Order applies to the areas listed in Schedule 3 to Ontario Regulation 363/20 (Stages of Reopening). O. Reg. 364/20, s. 3.

(2) This Order applies throughout the Green Zone, the Yellow Zone and the Orange Zone. O. Reg. 642/20, s. 1.

(3) Despite subsection (2),

(a)  if this Order specifies that a particular requirement, condition, rule or other restriction applies in the Yellow Zone only, then the requirement, condition, rule or other restriction does not apply in the Green Zone or the Orange Zone;

(b)  if this Order specifies that a particular requirement, condition, rule or other restriction applies in the Orange Zone only, then the requirement, condition, rule or other restriction does not apply in the Green Zone or the Yellow Zone; and

(c)  if this Order specifies that a particular requirement, condition, rule or other restriction applies in both the Yellow Zone and the Orange Zone, then the requirement, condition, rule or other restriction does not apply in the Green Zone. O. Reg. 642/20, s. 1.

Green Zone

3.1 In this Order, a reference to the Green Zone is a reference to all areas listed as being in the Green Zone of Stage 3 in section 1 of Schedule 3 to Ontario Regulation 363/20 (Stages of Reopening) made under the Act. O. Reg. 642/20, s. 2.

Yellow Zone

3.2 In this Order, a reference to the Yellow Zone is a reference to all areas listed as being in the Yellow Zone of Stage 3 in section 2 of Schedule 3 to Ontario Regulation 363/20 (Stages of Reopening) made under the Act. O. Reg. 642/20, s. 2.

Orange Zone

3.3 In this Order, a reference to the Orange Zone is a reference to all areas listed as being in the Orange Zone of Stage 3 in section 3 of Schedule 3 to Ontario Regulation 363/20 (Stages of Reopening) made under the Act. O. Reg. 642/20, 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.

(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.

(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.

5. Revoked: O. Reg. 98/21, 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 8 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 8.1 of Schedule 2, including by opening such limited areas of the business or place as are necessary to enable access.

(7) Nothing in this Order precludes operations or delivery of services by the following in Ontario:

1.  Any government.

2.  Any person or publicly-funded agency or organization that delivers or supports government operations and services, including operations and services of the health care sector.

General compliance

2. (1) The person responsible for a business or organization that is open shall ensure that the business or organization operates in accordance with all applicable laws, including the Occupational Health and Safety Act and the regulations made under it.

(2) The person responsible for a business or organization that is open shall operate the business or organization in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

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

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

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

(3.1) 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 other public health official, on working remotely.

(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;

(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.

(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 2 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).

Capacity limits for businesses or facilities open to the public

3. (1) The person responsible for a place of business or facility that is open to the public shall limit the number of persons in the place of business or facility so that every member of the public is able to maintain a physical distance of at least two metres from every other person in the business or facility, except where Schedule 2 allows persons to be closer together.

(2) For greater certainty, subsection (1) does not require persons who are in compliance with public health guidance on households to maintain a physical distance of at least two metres from each other while in a place of 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 organized public event or gathering 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 a place of business or facility that is open to the public 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);

(b)  when passing one another in a confined location, such as in a hallway or aisle, if the member of the public wears a mask or face covering in a manner that covers their mouth, nose and chin or is subject to an exception set out in subsection 2 (4); and

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

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

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

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

3.2 The person responsible for a business or place that is open must not permit patrons to line up inside the business or place, or to line up or congregate outside 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).

Safety plan

3.3 (1) The person responsible for a business, place, facility or establishment 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, place, facility or establishment 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 business, place, facility or establishment including by screening, physical distancing, masks or face coverings, cleaning and disinfecting of surfaces and objects and the wearing of personal protective equipment.

(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, place, facility or establishment 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 location.

Note: On February 16, 2021, section 3.3 of Schedule 1 to the Regulation is revoked and the following substituted: (See: O. Reg. 115/21, s. 1 (1))

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 and the wearing of personal protective equipment.

(4) The safety plan shall be in writing and shall be made available to any person for review on request.

(5) The person responsible for the business shall ensure that a copy of the safety plan is posted in a conspicuous place where it is most likely to come to the attention of individuals working in or attending the business.

Meeting or event space

4. (1) The person responsible for a business or place that is open may only rent out meeting or event space if the total number of members of the public permitted to be in all of the rentable meeting or event space in the business or place at any one time is limited to the number that can maintain a physical distance of at least two metres from every other person in the business or place, and in any event is not permitted to exceed,

(a)  50 persons, if the meeting or event is indoors; or

(b)  100 persons, if the meeting or event is outdoors.

(1.1) The person responsible for a business or place that is open shall not permit the booking of more than one room for any particular event or a social gathering.

(1.2) In the Yellow Zone, the following additional rules apply to a person who is responsible for a business or place that rents out meeting or event space:

1.  The person must ensure that a safety plan is prepared and made available in accordance with section 3.3 of Schedule 1.

Note: On February 16, 2021, paragraph 1 of subsection 4 (1.2) of Schedule 1 to the Regulation is revoked. (See: O. Reg. 115/21, s. 1 (2))

2.  The person must ensure that no more than six people are seated together at any table in the rented space.

3.  The person must ensure that the meeting or event space is closed to the public between the hours of 12 a.m. and 5 a.m.

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

5.  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.

(1.3) In the Orange Zone, the following additional rules apply to a person who is responsible for a business or place that is open and that rents out meeting or event space:

1.  The person must ensure that a safety plan is prepared and made available in accordance with section 3.3 of Schedule 1.

Note: On February 16, 2021, paragraph 1 of subsection 4 (1.3) of Schedule 1 to the Regulation is revoked. (See: O. Reg. 115/21, s. 1 (3))

2.  The person must ensure that no more than four people are seated together at any table in the rented space.

3.  The person must ensure that the meeting or event space is closed to the public between the hours of 10 p.m. and 5 a.m.

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

5.  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.

(2) Subsections (1) to (1.3) do not apply to the rental of meeting or event space for the purpose of a wedding, funeral or religious service, rite or ceremony that is authorized under section 3, 4 or 5 of Schedule 3.

(3) Subsections (1) to (1.3) do not apply to the rental of meeting or event space for the purpose of delivering or supporting the delivery of court services.

(4) Subsections (1) to (1.3) do not apply to the rental of meeting or event space,

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

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

(5) Subsection (1) does not apply in Stage 3 areas outside of the Orange Zone if the rental of meeting or event space is in compliance with a plan for the rental of meeting or event space approved by the Office of the Chief Medical Officer of Health.

(6) In the Yellow Zone and the Orange Zone, despite anything else in this section, the person responsible for a business or place in which a rental described in subsection (2) or (4) takes place must,

(a)  record the name and contact information of every member of the public who attends a meeting or event,

(b)  maintain the records for a period of at least one month, and

(c)  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.

Sale and service of liquor

4.1 (1) In the Yellow Zone, 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 11 p.m.; and

(b)  no consumption of liquor is permitted in the business or place between the hours of 12 a.m. and 9 a.m.

(1.1) In the Orange Zone, 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 9 p.m.; and

(b)  no consumption of liquor is permitted in the business or place between the hours of 10 p.m. and 9 a.m.

(2) The conditions set out in subsections (1) and (1.1) do not apply with respect to businesses and places in airports.

(3) The conditions set out in subsection (1.1) do not apply with respect to,

(a)  the sale of liquor for removal from licensed premises in accordance with section 56.1 of Regulation 719 (Licences to Sell Liquor) made under the Liquor Licence Act; and

(b)  the sale of liquor for delivery in accordance with section 56.2 of Regulation 719 (Licences to Sell Liquor) made under the Liquor Licence Act.

In-person teaching and instruction

5. (1) Subject to subsection (2), the person responsible for a business or place that is open and that provides in-person teaching or instruction shall ensure that every instructional space complies with the following conditions:

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

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

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

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

(2) If the teaching or instruction involves singing or the playing of brass or wind instruments,

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

(b)  the exception in paragraph 1 of subsection (1) that allows persons to be closer than two metres where necessary for teaching and instruction does not apply.

(3) Subsections (1) and (2) do not apply to,

(a)  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;

(b)  a school 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; and

(c)  the Ontario Police College, training facilities operated by a police force or fire department, the Correctional Services Recruitment and Training Centre and the Ontario Fire College.

School teaching person holding study permit

5.1 A school or private school within the meaning of the Education Act may provide in-person teaching or instruction to a person who holds a study permit issued under the Immigration and Refugee Protection Act (Canada) and who enters Canada on or after November 17, 2020, only if the school or private school,

(a)  has a plan respecting COVID-19 that has been approved by the Minister of Education; and

(b)  operates in accordance with the approved plan.

Cleaning requirements

6. (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.

NHL

7. (1) In this section,

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

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

“professional sports plan for the NHL” means the document titled “2020-21 NHL Season COVID-19 Protocol” and any attachments to it approved by the Office of the Chief Medical Officer of Health. (“plan de sports professionnels applicable à la LNH”)

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

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

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

(b)  persons who are NHL participants.

(4) A business or place that is listed in the professional sports plan for the NHL as being available for the use of NHL participants may open for use by NHL participants if the business or place complies with the following conditions:

1.  The business or place must operate in accordance with the professional sports plan for the NHL.

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

3.  The business or place must ensure that subsection (6) is complied with on the premises of the business or place.

(5) The following provisions do not apply to the provision of goods or services to an NHL participant by a business or place listed in the professional sports plan for the NHL in accordance with clause (3) (a) when they are provided in accordance with the professional sports plan for the NHL:

1.  Subsection 2 (4) and sections 3, 4 and 4.1 of this Schedule.

2.  Section 8 of Schedule 2.

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

(6) Section 1 of Schedule 2 does not apply to any part of a restaurant, bar, concession stand or other food or drink establishment that provides food, drink or services to NHL participants when they are permitted to provide food, drink or services under the professional sports plan for the NHL, but the establishment must operate in accordance with the conditions set out in paragraphs 2, 3.1, 3.2, 4, 5 and 7 of subsection 1 (1) and subsections 1 (2) to (4.1) of Schedule 2.

(7) Clauses 1 (1) (a) and (b) of Schedule 3 do not apply to NHL participants.

AHL

8. (1) In this section,

“AHL” means the American Hockey League; (“LAH”)

“AHL participant” means a person who has been specified as a member of a participant group in the professional sports plan for the AHL; (“participant de la LAH”)

“professional sports plan for the AHL” means the document titled “2021 AHL Season COVID-19 Protocol” and any attachments to it approved by the Office of the Chief Medical Officer of Health. (“plan de sports professionnels applicable à la LAH”)

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

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

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

(b)  persons who are AHL participants.

(4) A business or place that is listed in the professional sports plan for the AHL as being available for the use of AHL participants may open for use by AHL participants if the business or place complies with the following conditions:

1.  The business or place must operate in accordance with the professional sports plan for the AHL.

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

3.  The business or place must ensure that subsection (6) is complied with on the premises of the business or place.

(5) The following provisions do not apply to the provision of goods or services to an AHL participant by a business or place listed in the professional sports plan for the AHL in accordance with clause (3) (a) when they are provided in accordance with the professional sports plan for the AHL:

1.  Subsection 2 (4) and sections 3, 4 and 4.1 of this Schedule.

2.  Section 8 of Schedule 2.

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

(6) Section 1 of Schedule 2 does not apply to any part of a restaurant, bar, concession stand or other food or drink establishment that provides food, drink or services to AHL participants when they are permitted to provide food, drink or services under the professional sports plan for the AHL, but the establishment must operate in accordance with the conditions set out in paragraphs 2, 3.1, 3.2, 4, 5 and 7 of subsection 1 (1) and subsections 1 (2) to (4.1) of Schedule 2.

(7) Clauses 1 (1) (a) and (b) of Schedule 3 do not apply to AHL participants.

O. Reg. 364/20, Sched. 1; O. Reg. 415/20, s. 2; O. Reg. 428/20, s. 2; O. Reg. 501/20, s. 1; O. Reg. 530/20, s. 1; O. Reg. 531/20, s. 1; O. Reg. 546/20, s. 2; O. Reg. 574/20, s. 2; O. Reg. 579/20, s. 1; O. Reg. 588/20, s. 1; O. Reg. 642/20, s. 4-7; O. Reg. 655/20, s. 1; O. Reg. 687/20, s. 1; O. Reg. 4/21, s. 1, 2; O. Reg. 98/21, s. 1, 3; O. Reg. 119/21, 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 buffet-style service may be provided.

2.  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.

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

i.  a distance of at least two metres, or

ii.  plexiglass or some other impermeable barrier.

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

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

4.  No person shall dance, sing or perform music at the establishment except in accordance with subsection (2) or (3).

5.  The person responsible for the establishment must,

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

ii.  maintain the records for a period of at least one month, and

iii.  only disclose the records to a medical officer of health or an inspector under the Health Protection and Promotion Act on request for a purpose specified in section 2 of that Act or as otherwise required by law.

6.  In the Yellow Zone, the establishment must be closed to the public between the hours of 12 a.m. and 5 a.m. except as may be necessary to,

i.  allow patrons to temporarily enter the establishment to place, pick up or pay for a takeout order,

ii.  provide drive-through or delivery service,

iii.  provide dine-in service only for persons who are performing work for the business or place in which the establishment is located, or

iv.  provide access to washrooms.

6.1  In the Orange Zone, the establishment must be closed to the public between the hours of 10 p.m. and 5 a.m. except as may be necessary to,

i.  allow patrons to temporarily enter the establishment to place, pick up or pay for a takeout order,

ii.  provide drive-through or delivery service,

iii.  provide dine-in service only for persons who are performing work for the business or place in which the establishment is located, or

iv.  provide access to washrooms.

7.  No patron may be permitted to line up or congregate outside the establishment unless the patron,

i.  maintains a physical distance of at least two metres from other persons outside the establishment, and

ii.  wears a mask or face covering in a manner that covers their mouth, nose and chin, unless the patron is entitled to any of the exceptions set out in subsection 2 (4) of Schedule 1.

8.  In the Yellow Zone and the Orange Zone, the person responsible for the establishment must ensure that a safety plan is prepared and made available in accordance with section 3.3 of Schedule 1.

Note: On February 16, 2021, paragraph 8 of subsection 1 (1) of Schedule 2 to the Regulation is revoked. (See: O. Reg. 115/21, s. 2 (1))

9.  In the Yellow Zone and the Orange Zone, music must not be played at a decibel level that exceeds the level at which normal conversation is possible.

10.  In the Yellow Zone, no more than six people may be seated together at a table in the establishment.

11.  In the Orange Zone, no more than four people may be seated together at a table in the establishment.

12.  In the Orange Zone, the total number of patrons permitted to be seated indoors in the establishment must be limited to the number that can maintain a physical distance of at least two metres from every other person in the establishment, and in any event cannot exceed 50 patrons.

(1.0.1) In the Yellow Zone and the Orange Zone, despite subparagraph 5 i of subsection (1), the person responsible for an establishment must record the name and contact information of every patron that enters an indoor or outdoor dining area in the establishment, unless the patron temporarily enters the area to place, pick up or pay for a takeout order.

(1.0.2) Subsection (1.0.1) does 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.

(1.1) Paragraphs 6 and 6.1 of subsection (1) do not apply with respect to establishments on hospital premises or in airports.

(2) A person or group under contract with the establishment may dance, sing or perform music in compliance with the requirements set out in section 11.

(3) Members of the public may sing or perform music at the establishment if,

(0.a)  they are not singing or performing music in a private karaoke room;

(a)  they are separated from every other person, including from other performers, by plexiglass or some other impermeable barrier while singing or while performing on a brass or wind instrument;

(b)  they maintain a physical distance of at least two metres from every other person while singing or performing music; and

(c)  any equipment used by members of the public while singing or performing music is cleaned and disinfected between each use.

(4) 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.

(4.1) For greater certainty, any business, place, facility or establishment at which food or drink is sold or served, including those referred to in section 4 of Schedule 1 and sections 5, 10, 11, 12, 14, 17, 18, 19.1 and 19.2 of this Schedule, is a food or drink establishment to which this section applies,

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

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

(5) In this section,

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

Services

Public libraries

2. Public libraries may open if circulating materials that are returned or accessed within the library are disinfected or quarantined for an appropriate period of time before they are recirculated.

Real estate open houses

3. Real estate agencies may open if they ensure that the total number of members of the public permitted at any open house event they host or facilitate at any one time is limited to the number that can maintain a physical distance of at least two metres from every other person in the open house event, and in any event is not permitted to exceed 50 persons.

Personal care services

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

1.1  In the Orange Zone, no personal care services that require the removal of a mask or face covering may be provided.

2.  In Stage 3 areas outside of the Orange Zone, patrons must wear masks or face covering at all times while receiving personal care services, except while receiving services that tend to an area of their face that would be covered by a mask or face covering.

3.  Oxygen bars, steam rooms and saunas must be closed.

4.  In the Yellow Zone and the Orange Zone, the person responsible for the establishment must ensure that a safety plan is prepared and made available in accordance with section 3.3 of Schedule 1.

Note: On February 16, 2021, paragraph 4 of section 4 of Schedule 2 to the Regulation is revoked. (See: O. Reg. 115/21, s. 2 (2))

5.  In the Yellow Zone and the Orange Zone, the person responsible for the establishment must,

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

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.  In the Orange Zone, the person responsible for the establishment must ensure that sensory deprivation pods are closed, unless they are used for a therapeutic purpose prescribed by, or administered by, a regulated health professional.

Shopping and retail

Food courts, etc.

5. A food court or other dining area that is not already described in section 1 may open if it is configured so that patrons seated at different tables are separated by,

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

(b)  plexiglass or some other impermeable barrier.

Fitting rooms

6. Fitting rooms in a business may open if patrons are not permitted to occupy adjacent fitting room stalls at any one time.

Retail sales, rentals

6.1 (1) No patron may be permitted to line up or congregate outside the establishment unless the patron,

(a)  maintains a physical distance of at least two metres from other persons outside the establishment; and

(b)  wears a mask or face covering in a manner that covers their mouth, nose and chin, unless the patron is entitled to any of the exceptions set out in subsection 2 (4) of Schedule 1.

(2) In the Yellow Zone and the Orange Zone, a place of business that engages in the retail sale, or rental, of items to the public may open if music is not played at the place of business at a decibel level that exceeds the level at which normal conversation is possible.

Safety plan

6.2 In the Green Zone, Yellow Zone and Orange Zone, the person responsible for a business, including a shopping mall, must ensure that a safety plan is prepared and made available in accordance with section 3.3 of Schedule 1.

Note: On February 16, 2021, section 6.2 of Schedule 2 to the Regulation is revoked. (See: O. Reg. 115/21, s. 2 (3))

Training and education

Driving instruction

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

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

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

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

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

Sports and fitness

Facilities for sports and recreational fitness activities

8. (1) Facilities for sports and recreational fitness activities, including gymnasiums, health clubs, community centres, multi-purpose facilities, arenas, exercise studios, yoga and dance studios and other fitness facilities, may open for sports and recreational fitness activities if they comply with the following conditions:

physical distancing

1.  Every person at the facility must maintain a physical distance of at least two metres from every other person unless they are engaged in a sport.

2.  In the Yellow Zone and the Orange Zone, every person in areas of the facility containing weights or exercise machines and every person participating in a fitness or exercise class must maintain a physical distance of at least three metres from every other person.

total members of the public permitted in the facility

3.  The total number of members of the public permitted to be at the facility in all classes, organized programs and organized activities at any one time must be limited to the number that can maintain a physical distance of at least two metres from other persons in the facility, and in any event cannot exceed,

i.  50 persons, if any of the classes, organized programs or organized activities taking place at the time are indoors, or

ii.  100 persons, if all of the classes, organized programs or organized activities taking place at the time are outdoors.

4.  The total number of members of the public permitted to be at the facility in all areas containing weights or exercise machines 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 facility, and in any event cannot exceed 50 persons.

5.  In the Yellow Zone and the Orange Zone,

i.  the total number of members of the public permitted to be in any particular indoor fitness or exercise class at the facility must be limited to the number that can maintain a physical distance of at least three metres from other persons in the facility, and in any event cannot exceed 10 people,

ii.  each indoor fitness or exercise class at the facility must take place in a separate room, and

iii.  the total number of members of the public permitted to be in any particular outdoor fitness or exercise class at the facility must be limited to the number that can maintain a physical distance of at least three metres from other persons in the facility, and in any event cannot exceed 25 people.

6.  In the Orange Zone, the total number of members of the public permitted to be indoors at the facility in all classes, organized programs or organized activities together with the total number of members of the public in all areas containing weights or exercise machines cannot exceed 50 people.

sports played in the facility

7.  Sports may only be practised or played within the facility if they do not allow for physical contact between players or if they have been modified to avoid physical contact between the players.

8.  Organized team sports that are practised or played by players in a league may only be practised or played within the facility if the league either,

i.  contains no more than 50 players and does not permit its teams to play against teams outside of the league, or

ii.  divides its teams into groups of 50 or fewer players and does not permit teams in different groups to play against one another or against teams outside of the league.

9.  Any equipment that is rented to, provided to or provided for the use of users of the facility must be cleaned and disinfected between each use or, where used in a game or practice, at the end of play, such as at the completion of a game or practice.

10.  Activities must not be practised or played within the facility if they require the use of fixed structures that cannot be cleaned and disinfected between each use or, where used in a game or practice, at the end of play.

spectators in the facility

11.  The total number of spectators permitted to be at the facility at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the facility, and in any event cannot exceed,

i.  50 spectators, if the spectators will be indoors, or

ii.  100 spectators, if the spectators will be outdoors.

12.  In the Orange Zone, no spectators are permitted to be in the facility, but each person under the age of 18 years who is engaged in activities in the facility may be accompanied by one parent or guardian.

miscellaneous rules

13.  Any instruction given to members of the public who are engaged in a class, an organized program or an organized activity that is not a sport,

i.  must be delivered through a microphone if, without a microphone, the instructor would need to raise their voice beyond the level of normal conversation, and

ii.  must not encourage loud talking, singing or shouting.

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

15.  Facilities for sports and recreational fitness activities may open to provide space for a day camp for children that is in compliance with subsection 9 (1).

16.  In the Yellow Zone and the Orange Zone, the person responsible for the facility must ensure that a safety plan is prepared and made available in accordance with section 3.3 of Schedule 1.

Note: On February 16, 2021, paragraph 16 of subsection 8 (1) of Schedule 2 to the Regulation is revoked. (See: O. Reg. 115/21, s. 2 (4))

17.  In the Yellow Zone and the Orange Zone, the person responsible for the facility must ensure that,

i.  the name and contact information of every member of the public who enters an indoor area of the facility are recorded,

ii.  the records are maintained for a period of at least one month, and

iii.  the records are disclosed only 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.

18.  In the Yellow Zone and the Orange Zone, no member of the public may enter the facility unless they have made a reservation to do so. In the case of members of the public participating in a team sport, only one reservation per team is required.

19.  In the Orange Zone, no member of the public may be indoors at the facility for longer than 90 minutes at a time unless the member of the public is in the facility to engage in a sport.

plan approved by the Office of the Chief Medical Officer of Health

20.  In areas outside of the Orange Zone, paragraphs 3, 4, 5 and 11 do not apply with respect to facilities for sports and recreational fitness activities if the facility operates in accordance with a plan for the operation of facilities for sports and recreational fitness activities approved by the Office of the Chief Medical Officer of Health.

21.  Paragraphs 1 to 10 do not apply with respect to facilities for sports teams in one of the following leagues if the facility operates in accordance with a return to play plan approved by the Office of the Chief Medical Officer of Health:

i.  Canadian Elite Basketball League.

ii.  Canadian Football League.

iii.  Major League Baseball.

iv.  Major League Soccer.

v.  National Basketball Association.

vi.  National Hockey League.

vii.  National Lacrosse League.

high-performance athletes and parasport athletes

22.  Paragraphs 1 to 10 do not apply with respect to a facility, or a particular room at a facility, during periods when the facility or the particular room is exclusively being used by persons who are athletes, coaches and 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.

23.  Paragraph 1 does not apply to parasport athletes and their attendants or guides.

(2) Despite subsection (1), for a facility that is a community centre or multi-purpose facility, the capacity limits in paragraphs 3, 4, 5 and 6 of subsection (1) apply in respect of each room that is physically separated from other rooms in the facility.

Outdoor recreational amenities

Outdoor recreational amenities

8.1 (1) Outdoor recreational amenities that are not a facility or part of a facility described in subsection 8 (1), including the following amenities, may open if they are in compliance with subsection (2):

1.  Parks and recreational areas.

2.  Baseball diamonds.

3.  Batting cages.

4.  Soccer, football and sports fields.

5.  Tennis, platform tennis, table tennis and pickleball courts.

6.  Basketball courts.

7.  BMX parks.

8.  Skate parks.

9.  Golf courses and driving ranges.

10.  Frisbee golf locations.

11.  Cycling tracks and bike trails.

12.  Horse riding facilities.

13.  Shooting ranges, including those operated by rod and gun clubs.

14.  Ice rinks.

15.  Downhill ski hills.

16.  Tobogganing hills.

17.  Snowmobile, cross country ski, dog sledding, ice skating and snowshoe trails.

18., 19.  Revoked: O. Reg. 98/21, s. 4 (2).

20.  Playgrounds.

21.  Portions of parks or recreational areas containing outdoor fitness equipment.

(2) An outdoor recreational amenity described in subsection (1) may only open if the following conditions are met:

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

2.  Any person in line for the amenity or who forms a line anywhere within the amenity must wear a mask or face covering in a manner that covers their mouth, nose and chin during any period that they are in the line, unless the person,

i.  is a child who is younger than two years of age,

ii.  has a medical condition that inhibits their ability to wear a mask or face covering,

iii.  is unable to put on or remove their mask or face covering without the assistance of another person,

iv.  needs to temporarily remove their mask or face covering as may be necessary for the purposes of health and safety,

v.  is being accommodated in accordance with the Accessibility for Ontarians with Disabilities Act, 2005, or

vi.  is being reasonably accommodated in accordance with the Human Rights Code.

3.  Any person using a downhill ski lift, including a surface lift, must wear a mask or face covering in a manner that covers their mouth, nose and chin, unless,

i.  the person is entitled to any of the exceptions set out in paragraph 2, or

ii.  in the case of a person using a downhill ski lift chair, all persons using the chair are members of a single household.

4.  Any person, including a person who performs work at the amenity, while driving or riding on an open air vehicle within the amenity, must wear a mask or face covering in a manner that covers their mouth, nose and chin, unless,

i.  the person driving or riding on the vehicle is entitled to any of the exceptions set out in paragraph 2, or

ii.  all persons driving or riding on the vehicle are members of a single household.

5.  Sports may only be practised or played within the amenity if they do not allow for physical contact between players or if they have been modified to avoid physical contact between the players.

6.  Organized team sports that are practised or played by players in a league may only be practised or played within the amenity if the league either,

i.  contains no more than 50 players and does not permit its teams to play against teams outside of the league, or

ii.  divides its teams into groups of 50 or fewer players and does not permit teams in different groups to play against one another or against teams outside of the league.

(3) Paragraph 1 of subsection (2) does not apply in respect of the following persons who enter or use an outdoor recreational amenity:

1.  Persons using a downhill ski lift that is a surface lift.

2.  Persons using a downhill ski lift chair, if at least one empty seat is left between any persons who are not members of a single household.

3.  Persons practising or playing sports within the amenity in accordance with paragraph 5 or 6 of subsection (2).

4.  Parasport participants and their attendants or guides.

5.  Members of a single household.

(4) Paragraphs 1, 5 and 6 of subsection (2) do not apply with respect to an amenity, or a particular area of an amenity, during periods when the amenity or the particular area is exclusively being used by persons who are athletes, coaches and 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,

(a)  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

(b)  permitted to train, compete, coach or officiate under the safety protocols put in place by a national sport organization mentioned in clause (a).

Camps for children

Camps for children

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

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

Entertainment

Cinemas

10. (1) Cinemas may open if the total number of members of the public permitted to be in the venue at any one time is limited to the number that can maintain a physical distance of at least two metres from every other person in the venue, and in any event is not permitted to exceed,

(a)  50 persons, if the cinema is indoors; or

(b)  100 persons, if the cinema is outdoors.

(2) In Stage 3 areas outside of the Orange Zone, the capacity limits set out in subsection (1) do not apply to cinemas that operate in accordance with a plan for the operation of cinemas approved by the Office of the Chief Medical Officer of Health.

(3) Subsection (1) does not apply to drive-in cinemas.

(4) In the Yellow Zone and the Orange Zone, the person responsible for the cinema must,

(a)  record the name and contact information of every member of the public who enters the cinema,

(b)  maintain the records for a period of at least one month, and

(c)  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) In the Yellow Zone and the Orange Zone, the person responsible for the cinema must ensure that a safety plan is prepared and made available in accordance with section 3.3 of Schedule 1.

Note: On February 16, 2021, subsection 10 (5) of Schedule 2 to the Regulation is revoked. (See: O. Reg. 115/21, s. 2 (5))

Performing arts

11. (1) A business or place where concerts, artistic events, theatrical performances or other performances are rehearsed or performed may open if they comply with the following conditions:

1.  The total number of spectators permitted to be in the venue in which the performance or rehearsal takes place 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 venue, and in any event cannot exceed,

i.  50 spectators, if the concert, event or performance is indoors, or

ii.  100 spectators, if the concert, event or performance is outdoors.

2.  Singers and players of brass or wind instruments must be separated from any spectators by plexiglass or some other impermeable barrier.

3.  Every performer and other person who provides work for the business or place 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 business or place must be closer to each other, or

ii.  where necessary for the purposes of facilitating the purchase of admission, food or beverages, or

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

4.  In the Yellow Zone and the Orange Zone, the person responsible for the venue must ensure that a safety plan is prepared and made available in accordance with section 3.3 of Schedule 1.

Note: On February 16, 2021, paragraph 4 of subsection 11 (1) of Schedule 2 to the Regulation is revoked. (See: O. Reg. 115/21, s. 2 (6))

5.  In the Yellow Zone and the Orange Zone, the person responsible for the venue must ensure that,

i.  the name and contact information of every spectator or other person who enters the venue are recorded,

ii.  the records are maintained for a period of at least one month, and

iii.  the records are disclosed only to a medical officer of health or an inspector under the Health Protection and Promotion Act on request for a purpose specified in section 2 of that Act or as otherwise required by law.

(2) Subsection (1) does not apply to drive-in or drive-through concerts, artistic events, theatrical performances and other performances.

Drive-in or drive-through cinemas, performances, etc.

12. Drive-in cinemas and businesses or places that provide drive-in or drive-through concerts, artistic events, theatrical performances or other performances may open if they comply with the following conditions:

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

i.  to purchase admission, food or beverages,

ii.  to access a washroom, or

iii.  for the purposes of health and safety.

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

3.  Every performer or other person who performs work at the drive-in cinema or the business or place must remain at least two metres apart from motor vehicles and from every other person, except,

i.  if it is necessary for the performers or other persons to be closer to each other for the purposes of the performance,

ii.  where necessary for the purposes of facilitating the purchase of admission, food or beverages, or

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

4.  Food and beverages may only be sold to persons in attendance at the drive-in cinema or the business or place if,

i.  the food or beverage is sold at a concession stand that requires patrons to stand at least two metres apart while waiting to be served and that requires patrons to immediately return to their motor vehicle after being served, or

ii.  the food or beverage is delivered directly to the patron’s motor vehicle.

5.  No materials may be exchanged between persons in attendance at the drive-in cinema or the business or place, except,

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

ii.  materials exchanged between persons who perform work for the drive-in cinema or the business or place, and

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

Film and television production

12.1 (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 film or television 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.  Singers and players of brass or wind instruments must be separated from any other performers by plexiglass or some other impermeable barrier.

5.  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.

Water features

13. (1) Steam rooms and saunas must be closed.

(1.1) In the Orange Zone, sensory deprivation pods must be closed, unless they are used for a therapeutic purpose prescribed by, or administered by, a regulated health professional.

(2) For greater certainty, a pool, splash pad, spray pad, whirlpool, wading pool, or water slide that is in compliance with section 6 of Schedule 1 may open in any business or place that is otherwise permitted to open under this Order.

Casinos, bingo halls and gaming establishments

14. (1) Casinos, bingo halls and other gaming establishments may open if they comply with the following conditions:

1.  The total number of members of the public permitted to be in the establishment 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 establishment, and in any event cannot exceed 50 persons.

2.  Table games are prohibited.

3.  In the Yellow Zone and the Orange Zone, the person responsible for the establishment must ensure that a safety plan is prepared and made available in accordance with section 3.3 of Schedule 1.

Note: On February 16, 2021, paragraph 3 of subsection 14 (1) of Schedule 2 to the Regulation is revoked. (See: O. Reg. 115/21, s. 2 (7))

4.  In the Yellow Zone and the Orange Zone, the person responsible for the establishment must,

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

ii.  maintain the records for a period of at least one month, and

iii.  only disclose the records to a medical officer of health or an inspector under the Health Protection and Promotion Act on request for a purpose specified in section 2 of that Act or as otherwise required by law.

(2) Subsection (1) does not apply to a casino, bingo hall or gaming establishment that operates in accordance with a plan for the operation of casinos, bingo halls or gaming establishments approved by the Office of the Chief Medical Officer of Health.

Racing venues

15. Horse racing tracks, car racing tracks and other similar venues may open if the total number of spectators permitted at the venue at any one time is limited to the number that can maintain a physical distance of at least two metres from every other person at the venue, and in any event is not permitted to exceed,

(a)  50 spectators, if the spectators will be indoors; or

(b)  100 spectators, if the spectators will be outdoors.

Amusement parks and waterparks

16. Amusement parks and waterparks are closed.

Nightclubs

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

Museums, etc.

18. Museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions may open if any interactive exhibits, or exhibits that create a high risk of personal contact, that are open to the public are cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.

Tour and guide services

19. (1) Tour and guide services, including guided fishing and hunting trips, tastings and tours for wineries, breweries and distilleries, trail riding tours, walking tours, bicycle tours and motor vehicle tours, but not including boat tours, 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, and in any event cannot exceed,

i.  50 persons, if they will be indoors during the tour, or

ii.  100 persons, if they will be outdoors during the tour.

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

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

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

4.  The tour or guide service must,

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

ii.  maintain the records for a period of at least one month, and

iii.  only disclose the records to a medical officer of health or an inspector under the Health Protection and Promotion Act on request for a purpose specified in section 2 of that Act or as otherwise required by law.

(2) 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 tour must be operated to enable every person on the tour, including tour guides and tour boat crew, 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 boat must not exceed the number of persons that would permit compliance with paragraph 1 on the tour boat, and in any event cannot exceed,

i.  50 persons, if they will be indoors while on the tour boat, or

ii.  100 persons, if they will be outdoors while on the tour boat.

3.  There must be sufficient space available to enable all persons to comply with paragraph 1 while on the tour boat and while embarking onto or disembarking from the tour boat.

4.  The flow of persons embarking onto, disembarking from and moving about on the tour boat must be controlled so as to enable compliance with paragraph 1.

5.  The tour boat must be equipped with enough handwashing stations or hand sanitizer dispensers to serve the needs of every person on the tour boat.

6.  The boat tour service must,

i.  record the name and contact information of at least one member of every party of patrons that is on the tour boat,

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) In this section,

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

Strip clubs

19.1 (1) In the Orange Zone, strip clubs are closed, except for the purpose of serving food or beverages to patrons in accordance with section 1 of this Schedule.

(2) In any zone other than the Orange Zone, the person responsible for a strip club that is open must ensure that a safety plan is prepared and made available in accordance with section 3.3 of Schedule 1.

Note: On February 16, 2021, subsection 19.1 (2) of Schedule 2 to the Regulation is revoked. (See: O. Reg. 115/21, s. 2 (8))

Bathhouses, sex clubs

19.2 (1) In the Orange Zone, bathhouses and sex clubs are closed.

(2) In any zone other than the Orange Zone, the person responsible for a bathhouse or sex club that is open must ensure that a safety plan is prepared and made available in accordance with section 3.3 of Schedule 1.

Note: On February 16, 2021, subsection 19.2 (2) of Schedule 2 to the Regulation is revoked. (See: O. Reg. 115/21, s. 2 (9))

Campgrounds

20. Campgrounds may open if the person responsible for the campground ensures that every person using the campground is complying with any applicable restrictions on the size of social gatherings and organized public events.

O. Reg. 364/20, Sched. 2; O. Reg. 415/20, s. 3; O. Reg. 428/20, s. 3; O. Reg. 453/20, s. 1; O. Reg. 456/20, s. 1; O. Reg. 530/20, s. 2; O. Reg. 531/20, s. 2; O. Reg. 546/20, s. 3; O. Reg. 574/20, s. 3; O. Reg. 579/20, s. 2; O. Reg. 642/20, s. 8-20; O. Reg. 655/20, s. 2; O. Reg. 4/21, s. 3-5; O. Reg. 98/21, s. 1, 4; O. Reg. 105/21, s. 1.

SCHEDULE 3
Organized Public Events, Certain Gatherings

Gatherings, Stage 3 areas

1. (1) Subject to subsection (2) and sections 2 to 5, no person shall attend,

(a)  an organized public event of more than,

(i)  50 people if the event is held indoors, or

(ii)  100 people if the event is held outdoors;

(b)  a social gathering of more than,

(i)  50 people if the gathering is held indoors, or

(ii)  100 people if the gathering is held outdoors; or

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

(i)  50 people if the gathering is held indoors, or

(ii)  100 people if the gathering is held outdoors.

(2) The following rules apply to an organized public event or social gathering held at a place described in subsection (2.1):

1.  No person shall attend an organized public event held at the place of more than,

i.  10 people if the event is held indoors, or

ii.  25 people if the event is held outdoors.

2.  No person shall attend a social gathering held at the place of more than,

i.  10 people if the gathering is held indoors, or

ii.  25 people if the gathering is held outdoors.

3.  No person shall attend a social gathering associated with a wedding, a funeral or a religious service, rite or ceremony held at the place of more than,

i.  10 people if the gathering is held indoors, or

ii.  25 people if the gathering is held outdoors.

(2.1) The places referred to in subsection (2) are,

(a)  residential buildings, including houses, apartment buildings, condominium buildings and post-secondary student residences; and

(b)  any places not already described in clause (a), except for places that are operated in accordance with this Order by a business or organization.

(3) For greater certainty, the limits in clause (1) (c) and paragraph 3 of subsection (2) 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 3 to 5.

(4) For the purposes of this section, 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.

(5) A person attending an organized public event or social gathering shall comply with public health guidance on physical distancing.

(6) For greater certainty, subsections (1) to (5) apply with respect to an organized public event or social gathering even if it is held at a private dwelling.

Exception, members of single household

1.1 Section 1 does not apply with respect to a gathering of members of a single household.

Exceptions from organized public event requirements

2. The prohibitions on attendance at an organized public event in clause 1 (1) (a) and paragraph 1 of subsection 1 (2) do not apply with respect to attendance at,

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

(b)  a day camp for children that is in compliance with section 9 of Schedule 2; or

(c)  a drive-in cinema, or a business or place that provides drive-in or drive-through concerts, artistic events, theatrical performances and other performances, that is in compliance with section 12 of Schedule 2.

Indoor wedding, funeral or religious service, rite or ceremony

3. (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 30 per cent of the capacity of the particular room.

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

Outdoor wedding, funeral or religious service, rite or ceremony

4. (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.  No more than 100 people may be in attendance.

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

5. (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.

6. Revoked: O. Reg. 574/20, s. 4.

O. Reg. 364/20, Sched. 3; O. Reg. 501/20, s. 2; O. Reg. 519/20, s. 1; O. Reg. 529/20, s. 1; O. Reg. 574/20, s. 4; O. Reg. 642/20, s. 21.