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ontario regulation 779/20

made under the

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

Made: December 21, 2020
Filed: December 21, 2020
Published on e-Laws: December 21, 2020
Printed in The Ontario Gazette: January 9, 2021

Amending O. Reg. 82/20

(RULES FOR AREAS IN STAGE 1)

1. Section 1 of Ontario Regulation 82/20 is revoked and the following substituted:

Terms of Order

1. The terms of this Order are set out in Schedules 1, 2, 3, 4 and 5.

2. Section 3 of the Regulation is amended by adding the following subsection:

(2) This Order applies throughout the Grey Zone.

3. The Regulation is amended by adding the following section:

Grey Zone

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

4. (1) Subsection 2 (1) of Schedule 1 to the Regulation is revoked and the following substituted:

General compliance

(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 Accessibility for Ontarians with Disabilities Act, 2005 and the Occupational Health and Safety Act and the regulations made under them.

(2) Subsection 2 (3) of Schedule 1 to the Regulation is amended by adding “and on working remotely” at the end.

(3) Section 3 of Schedule 1 to the Regulation is revoked and the following substituted:

Capacity limits for businesses or facilities open to the public

3. (1) Subject to any additional restrictions set out in this Order, the person responsible for a place of business or facility that is open to the public shall limit the number of persons in the place of business or facility so that,

(a) the members of the public are able to maintain a physical distance of at least two metres from every other person in the business or facility; and

(b) the total number of persons in the business or facility at any one time does not exceed 50 per cent capacity, as determined in accordance with subsection (2).

(2) For the purposes of this Order, the maximum number of persons permitted in a business or facility that is operating at 50 per cent capacity is determined by taking the total square metres of floor area accessible to the public in the business or facility, not including shelving and store fixtures, dividing that number by 8 and rounding the result down to the nearest whole number.

(3) For the purposes of this Order, the maximum number of persons permitted in a business or facility that is operating at 25 per cent capacity is determined by taking the total square metres of floor area accessible to the public in the business or facility, not including shelving and store fixtures, dividing that number by 16 and rounding the result down to the nearest whole number.

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

(5) The person responsible for a place of business or facility that engages in retail sales to the public must post a sign in a conspicuous location visible to the public that states the maximum capacity they are permitted to operate under.

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

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

(b) operated by,

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

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

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

(4) Subsection 5 (1) of Schedule 1 to the Regulation is revoked and the following substituted:

Safety plan

(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.

(5) Subsection 6 (1) of Schedule 1 to the Regulation is revoked and the following substituted:

Short-term rentals

(1) Every person who provides short term rental accommodation shall ensure that any rentals are only provided to individuals who are in need of housing.

(6) Section 6 of Schedule 1 to the Regulation is amended by adding the following subsection:

(3) Subsection (1) does not apply with respect to short term rental accommodations that were reserved during a period when this Order did not apply to the area in which the accommodation is located.

(7) Clause 7 (1) (a) of Schedule 1 to the Regulation is revoked.

(8) Clause 7 (1) (b) of Schedule 1 to the Regulation is revoked and the following substituted:

(b) for the purpose of a child care centre or authorized recreational and skill building program within the meaning of the Child Care and Early Years Act, 2014;

5. (1) Sections 2 to 10 of Schedule 2 to the Regulation are revoked and the following substituted:

Retailers

2. (1) The following businesses that engage in retail sales to the public:

1. Supermarkets, grocery stores, convenience stores, indoor farmers’ markets and other stores that primarily sell food, other than establishments described in section 6.

2. Pharmacies.

(2) Nothing in paragraph 1 of subsection (1) permits a business located within an indoor farmer’s market to open unless it is a business that primarily sells food or is described in sections 3 to 6.

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

3. Discount and big box retailers that engage in retail sales to the public and that meet the following conditions:

1. They sell groceries to the public.

2. They limit the number of persons in the place of business so that the total number of persons in the place of business at any one time does not exceed 25 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

4. (1) The following businesses that engage in retail sales to the public and that comply with the conditions set out in subsection (2):

1. Safety supply stores.

2. Businesses that sell, rent or repair assistive/mobility/medical devices, aids and/or supplies.

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

(2) A business described in subsection (1) shall only permit members of the public to enter the business premises by appointment.

5. Stores, other than establishments described in section 6, that sell liquor, including beer, wine and spirits, and that meet the following condition:

1. They limit the number of persons in the place of business so that the total number of persons in the place of business at any one time does not exceed 25 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

6. (1) Restaurants, bars, food trucks, concession stands and other food or drink establishments that meet the conditions set out in subsection (2).

(2) A business described in subsection (1) may open only for the purpose of providing take-out, drive-through or delivery service.

(3) Despite subsection (2), the following establishments may provide in-person dining if they meet the conditions set out in paragraphs 1, 2, 3, 4, 6, 8, 9, 10, 12, and 13 of subsection 1 (1) of Schedule 2 to Ontario Regulation 263/20 (Rules for Areas in Stage 2):

1. Establishments on hospital premises.

2. Establishments in airports.

3. Establishments located within a business or place where the only patrons permitted at the establishment are persons who perform work for the business or place in which the establishment is located.

7. Nightclubs and strip clubs that open solely as food or drink establishments and that comply with the conditions set out in section 6.

8. (1) Shopping malls that comply with the following conditions:

1. Members of the public must only be permitted to enter the shopping mall,

i. for the purpose of accessing a business or place that is permitted to be open under this Order,

ii. for the purpose of accessing a designated location described in subsection (2) or (3),

iii. for the purpose of delivering or supporting the delivery of court services,

iv. for operations by or on behalf of a government, or

v. for the purpose of delivering or supporting the delivery of government services.

2. Members of the public who enter the shopping mall for a reason described in paragraph 1 must not be permitted to loiter in any area of the shopping mall that is not related to the purpose of their visit.

(2) A shopping mall may establish a single designated location inside the shopping mall for the purpose of allowing patrons to pick up an order from a business or place inside the shopping mall. Patrons may only pick up orders from the indoor designated location by making a prior appointment.

(3) A shopping mall may establish any number of designated locations outside the shopping mall for the purpose of allowing patrons to pick up an order from a business or place inside the shopping mall. Patrons may pick up orders from an outdoor designated location without making a prior appointment.

9. (1) Businesses that meet the conditions set out in subsection (2) and that sell,

(a) motor vehicles, including cars, trucks and motorcycles;

(b) recreational vehicles, including motor homes;

(c) trailers and travel trailers;

(d) boats and other watercraft; or

(e) other motorized vehicles, including power-assisted bicycles, golf carts, scooters, snowmobiles and all-terrain vehicles.

(2) A business described in subsection (1) may only open if they meet the following conditions:

1. Members of the public must only be permitted to enter the premises by appointment.

2. Members of the public must not be permitted in areas where the products described in subsection (1) are neither sold nor displayed for sale.

3. If members of the public are permitted to test drive any of the vehicles, boats or watercraft,

i. the test drive must be limited to no more than 10 minutes,

ii. a maximum of two people, including up to one sales representative, may be present in the vehicle, boat or watercraft during the test drive, and

iii. if two people who are not members of the same household are present in the vehicle during the test drive, any windows in the vehicle, boat or watercraft must be opened at all times.

10. Outdoor markets, including farmer’s markets and holiday markets, that meet the following conditions:

1. They primarily sell food to the public.

2. Products must only be provided to patrons,

i. in a manner that allows members of the public to remain in an outdoor area at all times, or

ii. through an alternative method of sale that does not require patrons to enter the indoor area, such as curbside pickup or delivery.

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

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

10.1 (1) Businesses not already described in sections 2 to 10 or subsection 33 (2) that engage in retail sales to the public and that meet the following conditions:

1. Sales must be exclusively made using an alternative method of sale that does not require patrons to enter the indoor area of the business, including curbside pickup or delivery.

2. If the business allows patrons to pick up items, it must,

i. have a public entrance that opens onto a street or exterior sidewalk, or

ii. in the case of a business in a shopping mall, permit patrons to pick up the items at a designated location established by the shopping mall under subsection 8 (2) or (3).

(2) Despite anything else in this Order, any business that engages in retail sales to the public and that is not already described in sections 2 to 10 or subsection 33 (2) must comply with the conditions set out in subsection (1) of this section.

(3) For greater certainty, 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).

(2) Section 11 of Schedule 2 to the Regulation is revoked and the following substituted:

Services

11. Rental and leasing services, including automobile, commercial and light industrial machinery and equipment rental, that only permit members of the public to enter the premises by appointment.

(3) Section 15 of Schedule 2 to the Regulation is revoked and the following substituted:

15. Snow clearing and landscaping services.

(4) Section 17 of Schedule 2 to the Regulation is revoked and the following substituted:

17. Domestic services that support children, seniors or vulnerable persons, including housekeeping, cooking, indoor and outdoor cleaning and maintenance services.

(5) Section 18 of Schedule 2 to the Regulation is revoked and the following substituted:

18. Vehicle and equipment repair and essential maintenance and vehicle and equipment rental services that only permit members of the public to enter the premises by appointment.

(6) Section 22 of Schedule 2 to the Regulation is revoked and the following substituted:

22. (1) Veterinary services that are,

(a) necessary for the immediate health and welfare of the animal; or

(b) provided through curbside pickup and drop-off of the animal.

(2) Other businesses that provide services to animals that are necessary for their health and welfare, including farms, boarding kennels, stables, animal shelters and research facilities.

(3) Nothing in this Order precludes a person responsible for a boarding kennel or stable from allowing an animal’s owner or their representative to visit the animal, assist in the care or feeding of the animal or, as applicable, ride the animal where necessary for the health and welfare of the animal.

(7) Section 23 of Schedule 2 to the Regulation is revoked and the following substituted:

23. Businesses that provide pet training services exclusively for service animals.

(8) Section 24 of Schedule 2 to the Regulation is revoked and the following substituted:

24. (1) Operators and providers of the following:

1. Child care centres that meet the conditions set out in subsection (2).

2. Home child care at a person’s dwelling.

3. Child care described in paragraph 2 of subsection 6 (3) of the Child Care and Early Years Act, 2014 that is provided at a person’s dwelling.

4. Authorized recreational and skill building programs that meet the conditions set out in subsection (3).

(2) A child care centre may open if it meets the following conditions:

1. The centre shall not operate a before or after school program on any school day for a child unless the child’s school is permitted to provide in-person teaching or instruction to the child on that day.

2. The centre shall not provide child care on school days during typical school hours for a child whose school is not permitted to provide in-person teaching or instruction to the child on that day and who, immediately before December 21, 2020,

i. was enrolled in school, and

ii. was not registered to attend the centre on those days and during those hours.

3. If the Minister of Education designates a child care centre as an emergency child care centre that provides care for children of individuals listed in Schedule 5, paragraph 2 does not apply with respect to the provision of child care by the centre to the children of those individuals.

(3) A provider of authorized recreational and skill building programs shall not provide such a program to a child on a school day unless the child is enrolled in a school that is authorized to provide in-person teaching or instruction on that day.

(4) In this section,

“authorized recreational and skill building programs”, “child care”, “child care centre” and “home child care” have the same meaning as in the Child Care and Early Years Act, 2014; (“programme autorisé de loisirs et de développement des compétences”, “garde d’enfants”, “centre de garde”, “services de garde en milieu familial”)

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

(9) Section 27 of Schedule 2 to the Regulation is revoked.

(10) Paragraph 1 of subsection 28 (1) of Schedule 2 to the Regulation is revoked.

(11) Paragraph 2 of subsection 28 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

2. A child care centre or authorized recreational and skill building program within the meaning of the Child Care and Early Years Act, 2014.

(12) Section 33 of Schedule 2 to the Regulation is amended by adding the following subsection:

(2) Retail stores operated by a telecommunications provider or service may only permit members of the public to enter the premises by appointment and only for repairs or technical support.

(13) Subparagraph 1 i of subsection 48 (3) of Schedule 2 to the Regulation is revoked.

(14) Subparagraph 1 ii of subsection 48 (3) of Schedule 2 to the Regulation is revoked and the following substituted:

ii. A child care centre or authorized recreational and skill building program within the meaning of the Child Care and Early Years Act, 2014.

(15) Section 48 of Schedule 2 to the Regulation is amended by adding the following subsection:

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

(16) Section 63 of Schedule 2 to the Regulation is amended by adding the following paragraph:

1.1 No more than 10 performers may be permitted to be on the film or television set.

(17) Section 68 of Schedule 2 to the Regulation is revoked and the following substituted:

Entertainment

68. (1) Concert venues, theatres and cinemas that meet the conditions set out in subsection (2).

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

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

2. No more than 10 performers may be permitted in the concert venue, theatre or cinema.

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

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

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

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 concert venue, theatre or cinema must,

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

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

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

6. (1) Section 1 of Schedule 3 to the Regulation is revoked and the following substituted:

Public libraries

1. (1) Public libraries are closed to the public, except for the purpose of,

(a) providing for curbside pickup and return of circulating library materials or for the delivery of circulating library materials; or

(b) providing space in accordance with subsection (3).

(2) A public library that is open must ensure that circulating materials returned to the library are disinfected or quarantined for an appropriate period of time before they are recirculated.

(3) A public library may open to provide space for,

(a) a child care centre or authorized recreational and skill building program within the meaning of the Child Care and Early Years Act, 2014;

(b) mental health support services or addictions support services, so long as no more than 10 people are permitted to occupy the space; or

(c) the provision of social services.

(4) The person responsible for a public library shall,

(a) record the name and contact information of every member of the public who attends the space described in subsection (3);

(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.

(2) Section 3 of Schedule 3 to the Regulation is revoked and the following substituted:

Schools and private schools

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

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

(a) to the extent necessary to facilitate the operation of a child care centre or authorized recreational and skill building program within the meaning of the Child Care and Early Years Act, 2014; or

(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.

(3) The condition set out in subsection (1) does 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.

(3) Section 3 of Schedule 3 to the Regulation, as remade by subsection (2), is revoked and the following substituted:

Schools and private schools

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

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

(a) to the extent necessary to facilitate the operation of a child care centre or authorized recreational and skill building program within the meaning of the Child Care and Early Years Act, 2014; or

(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.

(3) Despite subsection (1), schools and private schools may provide in-person teaching or instruction if they meet the following conditions:

1. At least one of the following must be true:

i. They must only provide in-person teaching or instruction to pupils in kindergarten or grades 1 through 8.

ii. They must be located in any of the following health units:

A. The District of Algoma Health Unit.

B. North Bay Parry Sound District Health Unit.

C. Northwestern Health Unit.

D. Porcupine Health Unit.

E. Sudbury and District Health Unit.

F. Thunder Bay District Health Unit.

G. Timiskaming Health Unit.

2. 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.

3. If in-person teaching or instruction at the institution involves singing or the playing of brass or wind instruments,

i. every person who is singing or playing must be separated from every other person by plexiglass or some other impermeable barrier, and

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

4. 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.

(4) The condition set out in subsection (1) does not apply to schools that meet the condition set out in paragraph 4 of subsection (3) 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) Section 3 of Schedule 3 to the Regulation, as remade by subsection (3), is revoked and the following substituted:

Schools and private schools

3. (1) Schools and private schools within the meaning of the Education Act may only open if they meet 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 in-person teaching or instruction at the institution involves singing or the playing of brass or wind instruments,

i. every person who is singing or playing must be separated from every other person by plexiglass or some other impermeable barrier, and

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

3. 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 conditions set out in paragraphs 1 and 2 of subsection (1) do 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.

(5) Paragraphs 15 and 16 of subsection 4 (2) of Schedule 3 to the Regulation are revoked and the following substituted:

15. Tobogganing hills.

16. Snowmobile, cross country ski, dogsledding, ice skating and snow shoe trails.

(6) The English version of clause 4 (3) (a) of Schedule 3 to the Regulation is revoked and the following substituted:

(a) any person who enters or uses the amenity maintains a physical distance of at least two metres from any other person who is using the amenity;

(7) Clause 4 (3) (d) of Schedule 3 to the Regulation is amended by striking out “a washroom” and substituting “equipment storage, a washroom”.

(8) Section 5 of Schedule 3 to the Regulation is revoked and the following substituted:

Museums, etc.

5. Museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions must be closed to members of the public.

7. The Regulation is amended by adding the following Schedule:

Schedule 5
Individuals Eligible for Emergency Child Care

1. An individual who is,

i. a regulated health professional, or

ii. an unregulated health care provider working in health care delivery, either directly or indirectly.

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

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

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

5. A First Nations Constable appointed pursuant to section 54 of the Police Services Act or a member of a police service in which policing is delivered by First Nations Constables.

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

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

8. An individual who is,

i. engaged in providing fire protection services as defined in the Fire Protection and Prevention Act, 1997,

ii. employed in a fire department as defined in the Fire Protection and Prevention Act, 1997, or

iii. employed in the Office of the Fire Marshal and whose duties include being a fire investigator or supervising or managing fire investigators.

9. A paramedic as defined in the Ambulance Act.

10. A coroner as defined in the Coroners Act.

11. A worker in a correctional institution as defined in the Ministry of Correctional Services Act or an independent contractor who supplies services to correctional institutions, including, but not limited to, employees of Trilcor.

12. Probation and parole officers as described in the Ministry of Correctional Services Act, institutional liaison officers, court liaison officers, individuals employed as assistant area managers and area managers of staff at probation and parole offices and the administrative and support staff at these offices.

13. An individual employed in the Institutional Services Division of the Ministry of the Solicitor General, including a person employed in a correctional institution as defined in section 1 of the Ministry of Correctional Services Act.

14. An individual employed in the Operational Support Division of the Correctional Services Recruitment and Training Centre in the Ministry of the Solicitor General who,

i. provides facilities or maintenance services, or

ii. is a Senior Staff Development Officer or Manager of Customized Training.

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

16. An individual employed in the Ministry of the Solicitor General who performs one or more of the following functions for the Institutional Services Division or Community Services Division:

i. Performing electronic monitoring services.

ii. Performing CPIC searches.

iii. Preparing community supervision orders.

17. An individual employed in the Ministry of the Solicitor General at the Centre for Forensic Sciences who is involved in supporting and conducting forensic testing and analysis.

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

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

20. An animal welfare inspector appointed pursuant to the Provincial Animal Welfare Services Act, 2019 or an individual employed by the Ministry of the Solicitor General in the Animal Welfare Services Branch who is directly involved in supporting animal welfare inspectors.

21. An individual employed in the operation of,

i. a place of secure custody designated under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, or

ii. a place of secure temporary detention as defined in subsection 2 (1) of the Child, Youth and Family Services Act, 2017.

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

23. An individual who performs work that is essential to the delivery of core services in a municipality or First Nation community, as determined by the municipality or First Nation.

24. An individual who performs work of a critical nature in their service area or community, as determined by the Minister of Education or his delegate in consultation with the relevant service system manager or First Nation as those terms are defined under the Child Care and Early Years Act, 2014.

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

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

27. All persons employed in the Ministry of Natural Resources and Forestry who are engaged in,

i. prevention, mitigation, preparedness, response or recovery actions, as applicable, with respect to,

A. fires as defined in the Forest Fires Prevention Act,

B. floods,

C. dam failures, or

D. emergencies relating to oil and gas exploration or production, hydrocarbon underground storage, and salt solution mining, or

ii. the provision of support services to Conservation Officers through the operation of the Ministry’s Provincial Communications Unit.

28. A person who holds a licence issued under section 13 of the Private Security and Investigative Services Act, 2005 to act as a security guard.

Commencement

8. (1) Subject to subsections (2) and (3), this Regulation comes into force on the later of December 26, 2020 and the day it is filed.

(2) Subsection 6 (3) comes into force on January 11, 2021.

(3) Subsection 6 (4) comes into force on January 25, 2021.

 

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