O. Reg. 216/21: RULES FOR AREAS IN STAGE 1
filed March 19, 2021 under Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17Skip to content
ontario regulation 216/21
made under the
Reopening Ontario (A Flexible Response to COVID-19) Act, 2020
Made: March 19, 2021
Filed: March 19, 2021
Published on e-Laws: March 19, 2021
Printed in The Ontario Gazette: April 3, 2021
Amending O. Reg. 82/20
(RULES FOR AREAS IN STAGE 1)
1. Subsection 6 (3) of Schedule 2 to Ontario Regulation 82/20 is amended by striking out “8” in the portion before paragraph 1.
2. Subsection 3 (1) of Schedule 6 to the Regulation is amended by striking out “additional restrictions” in the portion before clause (a) and substituting “other provisions”.
3. (1) Subsection 3 (2) of Schedule 7 to the Regulation is revoked and the following substituted:
(2) A business described in subsection (1) may open only if it complies with the following conditions:
1. No indoor dining or buffet-style service may be provided.
2. Patrons must be seated at all times in any outdoor dining area of the establishment except,
i. while entering the area and while moving to their table,
ii. while placing or picking up an order,
iii. while paying for an order,
iv. while exiting the area,
v. while going to or returning from a washroom,
vi. while lining up to do anything described in subparagraphs i to v, or
vii. where necessary for the purposes of health and safety.
3. The outdoor dining area must be configured so that patrons seated at different tables are separated by,
i. a distance of at least two metres, or
ii. plexiglass or some other impermeable barrier.
4. The person responsible for the establishment must,
i. record the name and contact information of every patron that enters an area of the establishment, unless the patron temporarily enters the area to place, pick up or pay for a takeout order,
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.
5. The establishment must be closed to the public between the hours of 10 p.m. and 5 a.m., except as may be necessary to,
i. allow patrons to temporarily enter the establishment to place, pick up or pay for a takeout order,
ii. provide drive-through or delivery service, or
iii. provide access to washrooms.
6. No patron may be permitted to line up inside or line up or congregate outside of the establishment unless they are,
i. maintaining a physical distance of at least two metres from other groups of persons inside or outside the establishment, and
ii. 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 (5) of Schedule 6.
7. All people who are seated together at a table in the establishment must be members of the same household, a member of one other household who lives alone or a caregiver for any member of either household.
8. The total number of patrons permitted to be seated outdoors in the establishment must be limited to the number that can maintain a physical distance of at least two metres from every other person in the establishment.
9. The person responsible for the establishment must post a sign in a conspicuous location visible to the public that states the maximum capacity they are permitted to operate under.
10. Music must not be played at a decibel level that exceeds the level at which normal conversation is possible.
11. No person shall dance, sing or perform music at the establishment.
12. If an outdoor dining area at the establishment is covered by a roof, canopy, tent, awning or other element, at least two full sides of the entire outdoor dining area must be open to the outdoors and must not be substantially blocked by any walls or other impermeable physical barriers.
13. If an outdoor dining area at the establishment is equipped with a retractable roof and the roof is retracted, at least one full side of the outdoor dining area must be open to the outdoors and must not be substantially blocked by any walls or other impermeable physical barriers.
14. The establishment must actively screen any dine-in patrons in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the premises of the establishment.
(2) Subsection 3 (3) of Schedule 7 to the Regulation is amended by striking out “8” in the portion before paragraph 1.
(3) Section 3 of Schedule 7 to the Regulation is amended by adding the following subsections:
(4) The physical distancing described in subsections 3 (1) and 4 (4) of Schedule 6 is not required when patrons are seated together at a table in an establishment.
(5) The capacity limits set out in clause 3 (1) (b) of Schedule 6 do not apply to outdoor dining areas in an establishment.
4. This Regulation comes into force on the later of March 20, 2021 and the day it is filed.