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ontario regulation 97/21

made under the

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

Made: February 9, 2021
Filed: February 9, 2021
Published on e-Laws: February 9, 2021
Printed in The Ontario Gazette: February 27, 2021

Amending O. Reg. 263/20

(RULES FOR AREAS IN STAGE 2)

1. Ontario Regulation 263/20 is amended by striking out “section 5 of this Order” wherever it appears substituting in each case “section 3.3 of Schedule 1”.

2. Section 5 of the Regulation is revoked.

3. (1) The heading to Schedule 1 to the Regulation is revoked and the following substituted:

Schedule 1
General Rules

(2) Section 1 of Schedule 1 to the Regulation is amended by adding the following subsections:

(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 14.2 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.

(3) Subsection 2 (3) of Schedule 1 to the Regulation is revoked and the following substituted:

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

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

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

(3.1) The person responsible for a business or organization that is open shall operate the business or organization in compliance with any advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health, or other public health official, on working remotely.

(4) 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 members of the public 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 members of the public in the business or facility at any one time does not exceed 75 per cent capacity, as determined in accordance with subsection (2).

(2) For the purposes of this Order, the maximum number of members of the public permitted in a business or facility that is operating at 75 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 5.3 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 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.

(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.

Requirements that apply to individuals

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

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

(a) in attendance at an organized public event or gathering permitted by this Order; and

(b) within two metres of another individual who is not part of their household.

(3) Subsections (1) and (2) do not require a person to wear a mask or face covering if they are subject to an exception set out in subsection 2 (4).

(4) Every member of the public in a place of business or facility that is open to the public shall maintain a physical distance of at least two metres from every other person, except from their caregiver or from members of the person’s household.

(5) The physical distancing described in subsection (4) is not required,

(a) where necessary to complete a transaction or to receive a service, if the member of the public wears a mask or face covering in a manner that covers their mouth, nose and chin or is subject to an exception set out in subsection 2 (4);

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

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

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

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

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

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

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

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

Safety plan

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

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

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

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

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

4. (1) Section 6.1 of Schedule 2 to the Regulation is revoked and the following substituted:

Retail sales, supermarkets, pharmacies, etc.

6.1 (1) The following businesses that engage in retail sales to the public may open if they comply with the conditions set out in subsection (2):

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

2. Pharmacies.

(2) The conditions referred to in subsection (1) are the following:

1. The person responsible for the business must limit the total number of members of the public in the place of business so that the total number of members of the public in the place of business at any one time does not exceed 75 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1.

2. The person responsible for the business must ensure that music is not played at the place of business at a decibel level that exceeds the level at which normal conversation is possible.

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

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

Other retail sales

6.2 (1) All businesses other than those described in subsection 6.1 (1) that engage in the retail sale, or rental, of items to the public, including big box stores, may open if they comply with the following conditions:

1. The person responsible for the business must limit the total number of members of the public in the place of business so that the total number of members of the public in the place of business at any one time does not exceed 50 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

2. The person responsible for the business must ensure that music is not played at the place of business at a decibel level that exceeds the level at which normal conversation is possible.

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

(2) For greater certainty, nothing in this section prevents a cannabis retail store operating under the authority of a retail store authorization issued under the Cannabis Licence Act, 2018 from engaging in retail sales through an alternative to in-store sales, including curbside pickup or delivery.

(2) Paragraphs 16 to 19 of subsection 14.2 (1) of Schedule 2 to the Regulation are revoked and the following substituted:

16. Tobogganing hills.

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

Commencement

5. This Regulation comes into force on the later of February 10, 2021 and the day it is filed.

 

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