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O. Reg. 364/20: RULES FOR AREAS AT STEP 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 AT STEP 3

Historical version for the period July 9, 2021 to July 13, 2021.

Last amendment: 520/21.

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, 147/21, 164/21, 218/21, 223/21, 315/21, 346/21, 520/21.

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.

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

Application

3. This Order applies to the areas listed in Schedule 3 to Ontario Regulation 363/20 (Steps of Reopening) made under the Act. O. Reg. 520/21, s. 2.

3.1-3.3 Revoked: O. Reg. 520/21, s. 3.

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. 364/20, s. 4 (1).

(2), (3) Revoked: O. Reg. 520/21, s. 4.

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 1 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 18 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 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 subsection (4) applies to the person in the indoor area.

(4) Where there is any requirement under this Order that a person wear a mask or face covering, the requirement does not apply to a person who,

(a)  is a child who is younger than two years of age;

(b)  is attending a school or private school within the meaning of the Education Act that is operated in accordance with a return to school direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health;

(c)  is attending a child care program at a place that is in compliance with the child care re-opening guidance issued by the Ministry of Education;

(c.1)  is attending a day camp or overnight camp for children that is in compliance with section 19 of Schedule 2;

(d)  is receiving residential services and supports in a residence listed in the definition of “residential services and supports” in subsection 4 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008;

(e)  is in a correctional institution or in a custody and detention program for young persons in conflict with the law;

(f)  is performing or rehearsing in a film or television production or in a concert, artistic event, theatrical performance or other performance;

(g)  has a medical condition that inhibits their ability to wear a mask or face covering;

(h)  is unable to put on or remove their mask or face covering without the assistance of another person;

(i)  needs to temporarily remove their mask or face covering while in the indoor area,

(i)  to receive services that require the removal of their mask or face covering,

(ii)  to engage in an athletic or fitness activity,

(iii)  to consume food or drink, or

(iv)  as may be necessary for the purposes of health and safety;

(j)  is being accommodated in accordance with the Accessibility for Ontarians with Disabilities Act, 2005;

(k)  is being reasonably accommodated in accordance with the Human Rights Code; or

(l)  performs work for the business or organization, is in an area that is not accessible to members of the public and is able to maintain a physical distance of at least two metres from every other person while in the indoor area.

(5) Subsection (3.1) 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 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).

(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 the Ministry of Long-Term Care, such directives, polices or guidance apply despite anything in this Order.

Capacity limits for businesses or facilities open to the public

3. (1) Subject to any other requirements set out in this Order with respect to capacity limits, 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 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.

(2) For the purposes of this Order, the maximum number of members of the public permitted in a business or facility that is operating in an outdoor setting at 75 per cent capacity is determined by taking the total square metres of area accessible to the public, dividing that number by 1.33, and rounding the result down to the nearest whole number.

(3) For the purposes of this Order, the maximum number of members of the public permitted in a business or facility, 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.

(4) 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.

(5) 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.

(6) Subsection (1) does not apply to schools and private schools within the meaning of the Education Act that are,

(a)  operating in accordance with a return to school direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health; or

(b)  operated by,

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

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

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

Requirements that apply to individuals

3.1 (1) Every person on the premises of a business or organization that is open shall wear a mask or face covering in a manner that covers their mouth, nose and chin during any period in which they are in an indoor area of the premises.

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

(a)  in attendance at an indoor organized 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 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);

(b)  when attending a day camp or overnight camp for children that is in compliance with section 19 of Schedule 2;

(c)  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

(d)  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).

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, or at an outdoor attraction or feature within the business or place, unless they are maintaining a physical distance of at least two metres from other groups of persons.

(2) The person responsible for a business or place that is open must not permit patrons to line up inside an indoor part of the business or place unless they are,

(a)  maintaining a physical distance of at least two metres from other groups of persons; and

(b)  wearing a mask or face covering in a manner that covers their mouth, nose and chin, unless they are entitled to any of the exceptions set out in subsection 2 (4).

(3) This section does not apply with respect to day camps or overnight camps for children that are in compliance with section 19 of Schedule 2.

Safety plan

3.3 (1) The person responsible for a business that is open shall prepare and make available a safety plan in accordance with this section, or ensure that one is prepared and made available, no later than seven days after the requirement first applies to the person.

(2) The safety plan shall describe the measures and procedures which have been implemented or will be implemented in the business to reduce the transmission risk of COVID-19.

(3) Without limiting the generality of subsection (2), the safety plan shall describe how the requirements of this Order will be implemented in the location including by screening, physical distancing, masks or face coverings, cleaning and disinfecting of surfaces and objects, the wearing of personal protective equipment and preventing and controlling crowding.

(3.1) For a business, place or event referred to in sections 1, 2 ,9, 16, 22 to 28, 32 or 33 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 of this Schedule 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, conference centres, convention centres

4. (1) The person responsible for a business or place that is open, including a conference centre or convention centre, may rent out indoor or outdoor meeting or event space if the business or place complies with the following conditions:

1.  The total number of members of the public permitted to be in an indoor portion of the rentable meeting or event space at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the indoor portion of the rentable meeting or event space and in any event may not exceed 50 per cent capacity, as arrived at by taking 50 per cent of the capacity of every room in the rentable meeting or event space, as determined in accordance with subsection 3 (3) of this Schedule, and totalling the result, or 1,000 persons, whichever is less.

2.  The number of members of the public permitted to be in a particular room in the indoor portion of the rentable meeting or event space at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the room and in any event may not exceed 50 per cent capacity of the room in the rentable meeting or event space, as determined in accordance with subsection 3 (3) of this Schedule, and the total capacity for the particular room cannot be added to increase the total capacity of the indoor portion of the rentable meeting or event space permitted under paragraph 1 of this subsection.

3.  The total number of members of the public permitted to be in an outdoor portion of the rentable meeting or event space at any one time may not exceed 75 per cent capacity, as determined in accordance with subsection 3 (2) of this Schedule, or 5,000 persons, whichever is less.

4.  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.

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

i.  a distance of at least two metres, or

ii.  plexiglass or some other impermeable barrier.

6.  Rooms must be separated by a partition with a hard, non-porous surface that can be easily and routinely cleaned and disinfected.

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

8.  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) Paragraphs 1, 2, 3, 5, 7 and 8 of subsection (1) do not apply if the business or place is rented out,

(a)  for a day camp or overnight camp for children described in section 19 of Schedule 2;

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

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

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

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

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

(3) Paragraphs 1 and 2 of subsection (1) do not apply if the business or place is rented out to participants in 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.

(4) Paragraphs 1 and 2 of subsection (1) do not apply if the business or place is rented out to participants in a sport league or association identified in Column 2 of the Tables to this subsection that is associated with the sport identified in Column 3 of the Tables to this subsection:

Table 1
Professional Sport Leagues or Associations

Column 1

Column 2
Professional Sport Leagues or Associations

Column 3
Sport

1.

American Hockey League

Hockey

2.

Canadian Elite Basketball League

Basketball

3.

Canadian Football League

Football

4.

Canadian Premier League

Soccer

5.

Major League Baseball

Baseball

6.

Major League Soccer

Soccer

7.

NBA G League

Basketball

8.

National Basketball Association

Basketball

9.

National Hockey League

Hockey

10.

National Lacrosse League

Lacrosse

11.

National Women’s Hockey League

Hockey

12.

Professional Women’s Hockey Players Association

Hockey

13.

USL League 1

Soccer

 

Table 2
Elite Amateur Sport Leagues or Associations

Column 1

Column 2
Elite Amateur Sport Leagues or Associations

Column 3
Sport

1.

Canadian Hockey League

Hockey

2.

Elite Baseball League of Ontario U 18 Division

Baseball

3.

League 1 Ontario

Soccer

4.

Ontario Junior “A” Lacrosse League

Lacrosse

5.

Ontario Scholastic Basketball Association

Basketball

6.

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

Lacrosse

7.

Provincial Women’s Hockey League

Hockey

 

Tents, canopies, retractable roofs, 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 event referred to in section 28 of Schedule 2 that is held outdoors, the requirement set out in subsection (1) applies to the person responsible for the business that hosts the event.

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

Live entertainment: requirements

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 event referred to in section 28 of Schedule 2 that is held outdoors, the requirement set out in subsection (1) applies to the person responsible for the business that hosts the event.

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.

8. Revoked: O. Reg. 520/21, s. 5 (12).

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. 115/21, s. 1; O. Reg. 119/21, s. 1; O. Reg. 147/21, s. 1 (1, 2); O. Reg. 164/21, s. 1; O. Reg. 218/21, s. 1; O. Reg. 223/21, s. 1; O. Reg. 315/21, s. 1; O. Reg. 520/21, s. 5.

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

2.  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.  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.

4.  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.

5.  The person responsible for the establishment must,

i.  record the name and contact information of every patron that enters an area of the establishment, unless the patron temporarily enters the area to place, pick up or pay for a takeout order,

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

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

6.  No patron shall dance at 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 4 and 5 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, 3 and 4 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, including those referred to in section 4 of Schedule 1 and in sections 4 and 5, paragraph 1 of section 18, and sections 22, 23, 24, 25, 26, 27, 28, 31, 32 and 33 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.

(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.

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

Food or drink establishments with dance facilities

2. (1) Food or drink establishments where dance facilities are provided, including nightclubs, restoclubs and other similar establishments, may open if they comply with the following conditions during any time when patrons are permitted to make use of the dance facilities:

1.  In the case of an indoor establishment, 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 may not exceed 25 per cent capacity, as determined in accordance with subsection 3 (4) of Schedule 1, or 250 persons, whichever is less.

2.  In the case of an outdoor establishment, the total number of members of the public permitted to be at the establishment at any one time may not exceed 75 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1, or 5,000 persons, whichever is less.

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.

4.  Every patron in an outdoor establishment 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 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.

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

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

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

(2) For the purposes of paragraph 4 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 patrons 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.

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

(4) Subsection 3.1 (4) of Schedule 1 continues to apply to patrons of the dance facility, except when physical distancing cannot be maintained while participating in the activities for which patrons normally frequent such an establishment.

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

Services

Public libraries, exception to capacity rule

3. Subsection 3 (1) of Schedule 1 does not apply to any part of a public library that is used,

(a)  for a day camp or overnight camp for children described in section 19;

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

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

Community centres and multi-purpose facilities

4. (1) Community centres and multi-purpose facilities may open to permit space to be used for any purpose if they comply with the following conditions:

1.  Any indoor or outdoor sports or recreational fitness activities must be in compliance with section 16.

(2) Subsection 3 (1) of Schedule 1 does not apply to any part of the community centre or multi-purpose facility that is used,

(a)  for a day camp or overnight camp for children described in section 19;

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

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

Short-term rentals

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

1.  Any indoor fitness centres or other indoor recreational facilities that are part of the operation of these businesses must be in compliance with section 16.

Hotels, motels, etc.

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

1.  Any indoor fitness centres or other indoor recreational facilities that are part of the operation of these businesses must be in compliance with section 16.

Real estate agencies

7. For greater certainty, subsection 3 (1) of Schedule 1 applies to any open house events a real estate agency hosts, provides or supports.

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

2.  For greater certainty, subsection 3 (1) of Schedule 1 must be complied with.

3.  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.

4.  Oxygen bars must be closed.

5.  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.

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

(2) Subsection (1) does not apply to hair and makeup services described in section 20.

Personal physical fitness trainers

9. (1) Personal physical fitness trainers may open if they comply with the following conditions:

1.  The number of patrons permitted indoors,

i.  must be limited to the number that can maintain a physical distance of at least two metres from every other person in an indoor space, and

ii.  in any event may not exceed 50 per cent of the capacity of the indoor space where the services are provided, as determined in accordance with subsection 3 (3) of Schedule 1, if the services are provided in an indoor space where a maximum occupant load applies under Ontario Regulation 213/07 (Fire Code), made under the Fire Protection and Prevention Act, 1997.

2.  The personal physical fitness 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.

3.  The personal physical fitness 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 training activities.

(2) For greater certainty, the personal physical fitness trainer must prepare a safety plan in accordance with section 3.3 of Schedule 1.

(3) For greater certainty, any person who is engaged in physical fitness training activities indoors must maintain a physical distance of at least two metres from every other person in the establishment except from their caregiver or from members of the person’s household.

(4) For greater certainty, subsection 3.1 (1) of Schedule 1 applies to persons who are engaged in physical fitness training activities indoors, unless they are subject to any of the exceptions set out in subsection 2 (4) of that Schedule, including the one set out in subclause (i) (ii) of that subsection.

Shopping and retail

Retailers

10. (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 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

ii.  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.

(2) For greater certainty, the total number of patrons permitted indoors in the establishment must be limited to the number that can maintain a physical distance of at least two metres from every other person in the establishment.

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

(4) 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.

Shopping malls

11. Shopping malls may open if the person responsible for the shopping mall ensures 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 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, as permitted under subsection 10 (2).

Education

Schools and private schools

12. (1) Schools and private schools within the meaning of the Education Act shall not provide in-person teaching or instruction.

(2) Despite subsection (1), schools and private schools within the meaning of the Education Act may open to the extent necessary,

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

(b)  to allow staff of the school or private school to provide remote teaching, instruction or support to pupils, so long as the school or private school operates in accordance with a return to school direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health;

(c)  to provide in-person instruction to pupils with special education needs who cannot be accommodated through remote learning and who wish to attend a school or their private school for in-person instruction, so long as the school or private school operates in accordance with a return to school direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health;

(d)  to facilitate the operation of a day camp or overnight camp for children described in section 19; or

(e)  to facilitate the operation of an EarlyON Child and Family Centre.

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

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

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

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

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

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

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

ii.  operates in accordance with the approved plan.

(5) If a board within the meaning of the Education Act offers a personal support worker training program through adult and continuing education, the rules in subsection 13 (1) apply to the program.

(6) For greater certainty, recreational amenities and facilities used for indoor or outdoor sports and recreational fitness activities on the premises of a school or private school may open, as long as they are in compliance with section 16.

Note: On August 1, 2021, section 12 of Schedule 2 to the Regulation is revoked and the following substituted: (See: O. Reg. 520/21, s. 6 (2))

Schools and private schools

12. (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

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

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

2.  The total number of students permitted to be in each instructional space in the institution at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the space, and in any event cannot exceed,

i.  if the instructional space is indoors, the lesser of the following:

A.  50 per cent of the capacity of the instructional space, as determined in accordance with subsection 3 (3) of Schedule 1, or

B.  1,000 persons, and

ii.  if the instructional space is outdoors, the lesser of the following:

A.  15,000 persons, or

B.  75 per cent of the capacity of the instructional space, as determined in accordance with subsection 3 (2) of Schedule 1.

(2) In this section,

“post-secondary institution” means,

(a)  a university,

(b)  a college of applied arts and technology,

(c)  a private career college,

(d)  an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017,

(e)  an institution that is authorized to grant a degree by an Act of the Legislature,

(f)  a person who is delivering in-person teaching or instruction in accordance with a consent given under section 4 of the Post-secondary Education Choice and Excellence Act, 2000,

(g)  a person approved to provide training for apprenticeship programs under paragraph 5 of section 64 of the Ontario College of Trades and Apprenticeship Act, 2009, or

(h)  any other institution that is a designated learning institution within the meaning of section 211.1 of the Immigration and Refugee Protection Regulations (Canada), other than a school or private school within the meaning of the Education Act.

Businesses that provide teaching and instruction

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

1.  The space for any in-person teaching or instruction must be operated to enable students to maintain a physical distance of at least two metres from every other person in the 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 space, and in any event,

i.  if the space is indoors cannot exceed 50 per cent of the capacity of the instructional space as determined in accordance with subsection 3 (3) of Schedule 1, or 1,000 persons, whichever is less, and

ii.  if the space is outdoors cannot exceed 75 per cent of the capacity of the instructional space, as determined in accordance with subsection 3 (2) of Schedule 1, or 15,000 persons, whichever is less.

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

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

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

2.  Every student and instructor must wear a mask or face covering in a manner that covers their mouth, nose and chin when in the vehicle.

(2) For greater certainty, driving instruction that is provided in an instructional space must comply with the conditions set out in section 14.

(3) A person is not required to comply with subsection 3 (1) or 3.1 (4) of Schedule 1 when driving instruction is provided in a motor vehicle.

Sports and fitness

Facilities used for indoor or outdoor sports and recreational fitness activities

16. (1) Facilities used for indoor or outdoor sports and recreational fitness activities may open if they comply with the following conditions:

1.  In the case of an indoor facility, the total number of members of the public permitted to be in the facility at any one time must be limited to 50 per cent of the capacity of the facility, as determined in accordance with subsection 3 (3) of Schedule 1.

2.  The number of spectators at the facility at any one time must not exceed the following limits:

i.  In the case of a facility that has a designated area for indoor spectators, 50 per cent of the usual indoor seating capacity, or 1,000 persons, whichever is less.

ii.  In the case of a facility that has a designated area for outdoor spectators, 75 per cent of the usual outdoor seating capacity, or 15,000 persons, whichever is less.

iii.  In the case of a facility that does not have a designated area for indoor spectators, the number of spectators in the indoor area of 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 indoor area of the facility and in any event may not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1, or 1,000 persons, whichever is less.

iv.  In the case of a facility that does not have a designated area for outdoor spectators, the number of spectators in the outdoor area of the facility at any one time must not exceed 75 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1, or 5,000 persons, whichever is less.

3. Every indoor 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.

4.  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.

5.  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 post a sign in a conspicuous location visible to the public that states the capacity limits under which the facility is permitted to operate.

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

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

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

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

7.  The 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.

8.  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 4 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.

(3) For greater certainty, but subject to subsection (6), every person in an indoor area of the facility must maintain a physical distance of at least two metres from every other person in the establishment except from their caregiver or from members of the person’s household.

(4) Paragraphs 1, 3, 4, 6, 7 and 8 of subsection (1), and subsection (3), do not apply to any part of the facility that is being used,

(a)  for a day camp or overnight camp for children described in section 19;

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

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

(5) For greater certainty, the facility must prepare a safety plan in accordance with section 3.3 of Schedule 1.

(6) Subsection 3.1 (4) of Schedule 1 does not apply to members of the public engaged in sports or games at facilities for indoor or outdoor sports and recreational fitness activities or to seated spectators at a seated event at such a facility.

(7) For greater certainty, the requirement to wear a mask or face covering set out in subsection 3.1 (1) of Schedule 1 applies to persons at indoor areas of the facility, unless they are subject to any of the exceptions set out in subsection 2 (4) of that Schedule, including the one set out in subclause (i) (ii) of that subsection.

Recreational amenities

Indoor recreational amenities

17. Indoor recreational amenities may open if they comply with the conditions set out in section 16.

Outdoor recreational amenities

18. Outdoor recreational amenities may open, if they comply with the following conditions, where applicable:

1.  The total number of members of the public permitted to be in any indoor clubhouse at the outdoor recreational amenity 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 indoor clubhouse and in any event may not exceed 50 per cent of the capacity of the clubhouse, as determined in accordance with subsection 3 (3) of Schedule 1.

2.  If the person responsible for an indoor clubhouse at the outdoor recreational amenity rents its space, the conditions in section 4 of Schedule 1 apply.

3.  The person responsible for the outdoor amenity must post a sign in a conspicuous location visible to the public that states the capacity limits under which the indoor clubhouse is permitted to operate.

Camps for children

Camps for children

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

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

Media industries

Film and television production

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

2.  The number of members of the public permitted to be in the studio audience at any one time must not exceed 50 per cent of the usual seating capacity or 1,000 persons, whichever is less.

3.  The person responsible for the film or television production must post a sign in a conspicuous location visible to the public that states the studio audience capacity limits under which the production is permitted to operate.

4.  If there is a studio audience, the person responsible for the film or television production must prepare a safety plan in accordance with section 3.3 of Schedule 1.

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.

Photography studios and services

21. (1) 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.

(2) For greater certainty, the total number of patrons permitted indoors at the studio or the place where the service is provided must be limited to the number that can maintain a physical distance of at least two metres from every other person in the establishment.

Entertainment

Concert venues, theatres and cinemas

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

1.  The number of members of the public at an outdoor seated concert, event, performance or movie within the concert venue, theatre or cinema at any one time must not exceed 75 per cent of the usual seating capacity for the concert venue, theatre or cinema, or 15,000 persons, whichever is less.

2.  The number of members of the public in the outdoor area of the concert, event, performance or movie at any one time must not exceed 75 per cent capacity of the concert venue, theatre or cinema, as determined in accordance with subsection 3 (2) of Schedule 1, or 5,000 persons, whichever is less.

3.  The number of members of the public at an indoor seated 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 venue, theatre or cinema, or 1,000 persons, whichever is less.

4.  The number of members of the public permitted to be in a particular room in the indoor portion of the seated concert, event, performance or movie at any one time must not exceed 50 per cent of the usual seating capacity of the room in the concert venue, theatre or cinema, and the total capacity for the particular room cannot be added to increase the total capacity of the concert venue, theatre, or cinema as provided for under paragraph 3.

5.  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.  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.

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

(2) For the purposes of paragraph 5 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.

(3) For greater certainty, the person responsible for the concert venue, theatre or cinema must prepare a safety plan in accordance with section 3.3 of Schedule 1.

Drive-in or drive-through venues

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

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

Museums, etc.

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

1.  The number of members of the public in the outdoor ticketed area of the attraction at any one time must not exceed 75 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1.

2.  The number of members of the public in the indoor ticketed area of the attraction 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 indoor ticketed area of the attraction and in any event may not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

3.  The number of members of the public at a seated event or activity within the attraction at any one time must not exceed,

i.  50 per cent of the usual seating capacity for the event or activity, in the case of events or activities indoors, or 1,000 persons, whichever is less, and

ii.  75 per cent of the usual seating capacity for the event or activity, in the case of events or activities outdoors, or 15,000 persons, whichever is less.

4.  The number of members of the public at an outdoor event or activity at the attraction at any one time must not exceed 75 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1, or 5,000 persons, whichever is less.

5.  The number of members of the public permitted to be in a particular room in the indoor portion of the attraction 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 room and in any event may not exceed 50 per cent capacity of the room in the attraction, as determined in accordance with subsection 3 (3) of Schedule 1, or if it is a seated event or activity taking place in the room, must be limited in accordance with subparagraph 3 i of this subsection, and the total capacity for the particular room cannot be added to increase the total capacity of the indoor ticketed area as provided for under paragraph 2 of this subsection.

6.  If a concert, event, performance or movie is held at the park, the conditions in section 22 apply with respect to the concert, event, performance or movie, except that the maximum capacity permitted under section 22 may not be added to the maximum capacity permitted under this section so as to increase the capacity permitted under this section.

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

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

i.  to facilitate payment, or

ii.  for the purposes of health and safety.

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

i.  to facilitate payment, or

ii.  for the purposes of health and safety.

10.  Paragraphs 8 and 9 do not apply in respect of a group of persons if the persons are all,

i.  members of the same household,

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

iii.  a caregiver for any member of either household.

11.  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.

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

(3) For greater certainty, every person on an indoor amusement ride or indoor tour vehicle 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.

Casinos, bingo halls and gaming establishments

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

1.  The number of members of the public 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 and in any event may not exceed 50 per cent of the maximum occupancy of the establishment, as determined in accordance with subsection 3 (3) of Schedule 1.

2.  If a concert, event, performance or movie is held at the establishment, the conditions in section 22 apply with respect to the concert, event, performance or movie, except that the maximum capacity permitted under section 22 may not be added to the maximum capacity permitted under this section so as to increase the capacity permitted under this section.

3.  Members of the public who enter the establishment must not be permitted to loiter in any area of the establishment or congregate at or around any of the tables where games are played.

4.  Patrons must be separated from table game employees by plexiglass or some other impermeable barrier.

5.  If the casino, bingo hall or establishment houses an attraction, the conditions in section 24 apply with respect to the attraction.

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.  The person responsible for the establishment must,

i.  record the name and contact information of every patron that enters an area of 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.

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

(2) For greater certainty, any general requirements for cleaning at the establishment apply with respect to chips, cards, dice, card holders and other table game equipment.

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

Racing venues

26. (1) 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 an indoor seated area of the venue at any one time must not exceed 50 per cent of the usual indoor seating capacity for the venue, or 1,000 persons, whichever is less.

2.  The number of members of the public in an outdoor seated area of the venue at any one time must not exceed 75 per cent of the usual outdoor seating capacity for the venue, or 15,000 persons, whichever is less.

3.  The number of members of the public at an outdoor unseated event or activity at the venue at any one time must not exceed 75 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1, or 5,000 persons, whichever is less.

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

6.  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.

(2) For the purposes of paragraph 4 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.

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

Amusement parks

27. (1) Amusement parks and waterparks may open if they comply with the following conditions:

1.  The number of members of the public in the outdoor area of the park at any one time must not exceed 75 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1.

2.  The number of members of the public in the indoor area of the park 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 indoor area of the park and in any event may not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

3.  The number of members of the public at any particular outdoor attraction within the park at any one time must not exceed 75 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1.

4.  The number of members of the public at any particular indoor attraction within the park 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 indoor attraction and in any event may not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

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

6.  If a concert, event, performance or movie is held at the park, the conditions in section 22 apply with respect to the concert, event, performance or movie, except that the maximum capacity permitted under section 22 may not be added to the maximum capacity permitted under this section so as to increase the capacity permitted under this section.

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

i.  to facilitate payment, or

ii.  for the purposes of health and safety.

8.  Paragraph 7 does not apply in respect of a group of persons if the persons are all,

i.  members of the same household,

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

iii.  a caregiver for any member of either household.

9.  The 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.

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

(3) For greater certainty, every person on an indoor amusement ride, other than a water ride, 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.

Fairs, rural exhibitions, festivals

28. (1) Fairs, rural exhibitions, festivals and similar events may open if they comply with the following conditions:

1.  The number of members of the public in the outdoor area of the facility where the event takes place at any one time must not exceed 75 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1.

2.  The number of members of the public in the indoor area of the facility where the event 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 indoor area of the facility and in any event may not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

3.  The number of members of the public at any particular outdoor attraction within the facility at any one time must not exceed 75 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1.

4.  The number of members of the public at any particular indoor attraction within 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 indoor attraction and in any event may not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

5.  If a concert, event, performance or movie is held at the facility, the conditions in section 22 apply with respect to the concert, event, performance or movie, except that the maximum capacity permitted under section 22 may not be added to the maximum capacity permitted under this section so as to increase the capacity permitted under this section.

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

i.  to facilitate payment, or

ii.  for the purposes of health and safety.

7.  Paragraph 6 does not apply in respect of a group of persons if the persons are all,

i.  members of the same household,

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

iii.  a caregiver for any member of either household.

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.

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

(3) For greater certainty, every person on an indoor amusement ride, other than a water ride, 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.

Tour and guide services

29. Businesses that provide 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 may open if they comply with the following conditions:

1.  The number of members of the public on the tour must not exceed the number of persons that would permit every person on the tour, including tour guides, to maintain a physical distance of at least two metres from every other person.

2.  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.

3.  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.

Boat tours

30. Businesses 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.  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.

Marinas, boating clubs etc.

31. 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 indoor fitness centres or other indoor recreational facilities on the premises must be in compliance with section 16.

Strip clubs

32. (1) Strip clubs may open if they comply with the following conditions:

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

2.  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.  Performers at the establishment must maintain a physical distance of at least two metres from patrons.

4.  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.

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

6.  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.

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

Bathhouses, sex clubs

33. (1) Bathhouses and sex clubs may open if they comply with the following conditions:

1.  Staff of the establishment must wear appropriate personal protective equipment.

2.  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 may not exceed 25 per cent of the capacity of the establishment, as determined in accordance with subsection 3 (4) of Schedule 1, or 250 persons, whichever is less.

3.  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.

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

5  The person responsible for the establishment must,

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

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

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

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

(3) Section 3.1 (4) of Schedule 1 continues to apply to patrons of the bathhouse or sex club, except when physical distancing cannot be maintained while participating in the activities for which patrons normally frequent such an establishment.

(4) Patrons of the establishment 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, except,

(a)  when masks or face coverings cannot be worn while participating in the activities for which patrons normally frequent such an establishment, or

(b)  if the patron is entitled to any of the exceptions set out in subsection 2 (4) of Schedule 1.

Campgrounds

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

1.  Any indoor fitness centres or other indoor recreational facilities on the premises must be in compliance with section 16.

O. Reg. 520/21, s. 6 (1).

sCHEDULE 3
ORGANIZED PUBLIC EVENTS, CERTAIN GATHERINGS

Gatherings

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

(a)  an organized public event of more than,

(i)  25 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)  25 people if the event is held indoors, or

(ii)  100 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)  25 people if the event is held indoors, or

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

(2) For greater certainty, the limits in clause (1) (c) apply to a social gathering associated with a wedding, a funeral or a religions 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 6 and 7.

(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.

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

3. 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

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

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

(b)  a day camp or overnight camp for children that is in compliance with section 19 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 23 of Schedule 2.

Exceptions from social gathering requirements

5. The prohibitions on attendance at a social gathering in clauses 1 (1) (b) and 1 (1) (c) do not apply with respect to attendance at,

(a)  a meeting or event space, including a conference centre or convention centre, operating in compliance with section 4 of Schedule 1; or

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

Indoor wedding, funeral or religious service, rite or ceremony

6. (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 be limited to the number that can maintain a physical distance of at least two metres from every other person in the 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

7. (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 condition is met:

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

O. Reg. 520/21, s. 7.