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ontario regulation 56/21

made under the

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

Made: February 5, 2021
Filed: February 5, 2021
Published on e-Laws: February 5, 2021
Printed in The Ontario Gazette: February 20, 2021

Amending O. Reg. 82/20

(RULES FOR AREAS IN STAGE 1)

1. (1) Section 3 of Schedule 3 to Ontario Regulation 82/20 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 if they are located in any of the following health units:

1.  City of Toronto Health Unit.

2.  Peel Regional Health Unit.

3.  York Regional Health Unit.

(2) Despite subsection (1), schools and private schools described in that subsection may open,

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

(b)  if approved by the Minister of Education, to the extent necessary to facilitate the operation of an extended day program, as defined in the Education Act, for the provision of emergency child care for the children of individuals listed in Schedule 5 during the period when schools are not permitted to provide in-person teaching or instruction;

(c)  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; or

(d)  to the extent necessary 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.

(3) Schools and private schools within the meaning of the Education Act that are not located in a health unit described in subsection (1) may provide in-person teaching or instruction 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.

(4) Subsections (1) and (2) and paragraphs 1 and 2 of subsection (3) 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.

(2) Section 3 of Schedule 3 to the Regulation, as remade by subsection (1), 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.

2. Subsections 3 (2) and 6 (3) of Ontario Regulation 10/21 are revoked.

Commencement

3. (1) Subject to subsections (2) and (3), this regulation comes into force on the day it is filed.

(2) Subsection 1 (1) comes into force on February 8, 2021.

(3) Subsection 1 (2) comes into force on February 16, 2021.

 

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