O. Reg. 98/21: RULES FOR AREAS IN STAGE 3

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ontario regulation 98/21

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. 364/20

(RULES FOR AREAS IN STAGE 3)

1. Ontario Regulation 364/20 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 8.1 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) Schedule 1 to the Regulation is amended by adding the following sections:

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 6.2 of Schedule 2 to the Regulation is revoked and the following substituted:

Safety plan

6.2 In the Green Zone, Yellow Zone and Orange Zone, the person responsible for a business, including a shopping mall, must ensure that a safety plan is prepared and made available in accordance with section 3.3 of Schedule 1.

(2) Paragraphs 16 to 19 of section 8.1 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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