O. Reg. 4/21: RULES FOR AREAS IN STAGE 3

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ontario regulation 4/21

made under the

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

Made: January 9, 2021
Filed: January 9, 2021
Published on e-Laws: January 11, 2021
Printed in The Ontario Gazette: January 23, 2021

Amending O. Reg. 364/20

(RULES FOR AREAS IN STAGE 3)

1. Subsection 1 (3) of Schedule 1 to Ontario Regulation 364/20 is amended by striking out “sections 2 to 6” and substituting “sections 2 to 7”.

2. Schedule 1 to the Regulation is amended by adding the following section:

NHL

7. (1) In this section,

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

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

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

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

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

(a) the businesses and places that may be used by NHL participants, which may include,

(i) hotels,

(ii) facilities for indoor or outdoor sports and recreational fitness activities,

(iii) businesses or places that are in hotels or facilities mentioned in subclause (i) or (ii), and

(iv) restaurants or bars; and

(b) persons who are NHL participants.

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

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

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

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

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

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

2. Section 8 of Schedule 2.

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

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

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

3. Section 8 of Schedule 2 to the Regulation is amended by adding the following subsection:

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

4. Schedule 2 to the Regulation is amended by adding the following section:

Outdoor recreational amenities

Outdoor recreational amenities

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

1. Parks and recreational areas.

2. Baseball diamonds.

3. Batting cages.

4. Soccer, football and sports fields.

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

6. Basketball courts.

7. BMX parks.

8. Skate parks.

9. Golf courses and driving ranges.

10. Frisbee golf locations.

11. Cycling tracks and bike trails.

12. Horse riding facilities.

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

14. Ice rinks.

15. Downhill ski hills.

16. Snow tubing hills.

17. Tobogganing hills.

18. Ice skating trails.

19. Snow trails, including snowmobile, cross country ski, snowshoe and dog sledding trails.

20. Playgrounds.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. Parasport participants and their attendants or guides.

5. Members of a single household.

(4) Paragraphs 1, 5 and 6 of subsection (2) do not apply with respect to an amenity, or a particular area of an amenity, during periods when the amenity or the particular area is exclusively being used by persons who are athletes, coaches and officials training or competing to be a part of Team Canada at the next summer or winter Olympic Games or Paralympic Games if the persons are,

(a) identified by a national sport organization that is either funded by Sport Canada or recognized by the Canadian Olympic Committee or the Canadian Paralympic Committee; and

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

5. The Regulation is amended by adding the following heading before section 9 of Schedule 2:

Camps for children

Commencement

6. This Regulation comes into force on the day it is filed.

 

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