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ontario regulation 221/21

made under the

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

Made: March 26, 2021
Filed: March 26, 2021
Published on e-Laws: March 26, 2021
Printed in The Ontario Gazette: April 10, 2021

Amending O. Reg. 82/20

(RULES FOR AREAS IN STAGE 1)

1. (1) Subsection 3.1 (4) of Schedule 1 to Ontario Regulation 82/20 is revoked and the following substituted:

(4) Every member of the public in a place of business or facility that is open to the public, and every person in attendance at an organized public event or gathering permitted by this Order, 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.

(2) Subsection 7 (1) of Schedule 1 to the Regulation is amended by adding the following clause:

(a)  for a day camp for children described in section 43.2 of Schedule 2;

2. (1) Sections 3, 4 and 5 of Schedule 2 to the Regulation are revoked.

(2) Section 8 of Schedule 2 to the Regulation is revoked and the following substituted:

8. (1) Shopping malls that comply with the following conditions:

1.  The shopping mall must ensure that,

i.  each business in the shopping mall that engages in retail sales to the public limits the number of members of the public so that the total number of members of the public in each retail store at any one time does not exceed 25 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1, and

ii.  the total number of members of the public permitted in the shopping mall at any one time does not exceed the number of members of the public who could occupy the shopping mall’s retail stores at 25 per cent capacity, regardless of how much extra capacity the mall may have in its hallways and common areas.

2.  Any interior dining spaces inside the shopping mall, including any tables and seating in food courts, must be closed.

3.  The shopping mall must ensure that any music played at the shopping mall is not at a decibel level that exceeds the level at which normal conversation is possible.

4.  If the shopping mall is an indoor shopping mall, the shopping mall must actively screen individuals in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the indoor premises of the mall.

(2) For greater certainty, paragraph 2 of subsection (1) does not prevent a restaurant, bar or other food or drink establishment within a shopping mall from opening and operating in compliance with section 6.

(3) Section 9 of Schedule 2 to the Regulation is revoked.

(4) Paragraphs 2 and 5 of section 10 of Schedule 2 to the Regulation are revoked.

(5) Subsection 10.1 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

(1) Businesses not already described in sections 2 to 10, including big box stores, that engage in retail sales to the public and that meet the following conditions:

1.  They must limit the 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 25 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.

2.  They must ensure that any music played at the place of business is not at a decibel level that exceeds the level at which normal conversation is possible.

(6) Subsection 10.1 (2) of Schedule 2 to the Regulation is amended by striking out “or subsection 33 (2)”.

(7) Subsection 10.1 (4) of Schedule 2 to the Regulation is revoked and the following substituted:

(4) A business that, as of December 26, 2020, was permitted to be open only in accordance with the conditions described in subsection (1) as it read on that date may only continue to be open in accordance with the conditions under that subsection as amended whether or not, after that date, it modified its operations or the type of products it sells.

(8) Section 11 of Schedule 2 to the Regulation is amended by striking out “that only permit members of the public to enter the premises by appointment” at the end.

(9) Section 18 of Schedule 2 to the Regulation is amended by striking out “that only permit members of the public to enter the premises by appointment” at the end.

(10) Sections 22, 22.1 and 23 of Schedule 2 to the Regulation are revoked and the following substituted:

22. Veterinary services and other businesses that provide for the health and welfare of animals, including farms, boarding kennels, stables, animal shelters, and research facilities.

23. Businesses that provide pet services, including pet grooming services, pet sitting services, pet walking services and pet training services, including services for the training and provision of service animals.

(11) Subsection 28 (1) of Schedule 2 to the Regulation is amended by adding the following paragraph:

1. A day camp for children described in section 43.2.

(12) Subsection 33 (2) of Schedule 2 to the Regulation is revoked.

(13) Section 43 of Schedule 2 to the Regulation is revoked and the following substituted:

43. Construction activities or projects and related services that support construction activities or projects, including demolition services.

43.1 Lawn care services, snow clearing and landscaping services.

43.2 (1) Day camps for children that are operated in a manner consistent with the safety guidelines for COVID-19 for day camps produced by the Office of the Chief Medical Officer of Health.

(2) For greater certainty, camps that provide supervised overnight accommodation for children are not permitted to open.

(14) Paragraph 1 of subsection 48 (3) of Schedule 2 to the Regulation is amended by adding the following subparagraph:

i. A day camp for children described in section 43.2.

3. Section 1 of Schedule 3 to the Regulation is revoked and the following substituted:

Public libraries

1. (1) Public libraries may only open if they comply with the following conditions:

1.  Circulating materials must be reserved over the telephone or online.

2.  Circulating materials may only be exchanged with members of the public through contactless drop-off, pick-up or delivery.

3.  Patrons must only be permitted to enter the premises to facilitate contactless drop-off and pick-up or to access computers, photocopiers or similar services.

4.  Patrons must not be permitted to be in the book stacks, or to handle circulating materials that are shelved, or in other areas of library storage.

5.  Circulating materials returned to the library must be disinfected or quarantined for an appropriate period of time before they are recirculated.

6.  The person responsible for the public library must comply with subsection (3), if applicable.

(2) The conditions set out in paragraphs 3 and 4 of subsection (1) do not apply with respect to any space the library provides for,

(a)  a day camp for children described in section 43.2 of Schedule 2;

(b)  a provider of child care within the meaning of the Child Care and Early Years Act, 2014;

(c)  mental health support services or addictions support services, so long as no more than 10 people are permitted to occupy the space; or

(d)  the provision of social services.

(3) The person responsible for a public library shall,

(a)  record the name and contact information of every member of the public who attends the space described in subsection (2);

(b)  maintain the records for a period of at least one month; and

(c)   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.

4. (1) Clause 1 (1) (d) of Schedule 4 to the Regulation is revoked and the following substituted:

(d)  an indoor gathering for the purposes of a wedding, a funeral or a religious service, rite or ceremony where the number of persons occupying any particular room in a building or structure while attending the gathering exceeds 15 percent of the capacity of the room.

(2) Section 1 of Schedule 4 to the Regulation is amended by adding the following subsection:

(4) For greater certainty, the number of persons who may attend an outdoor gathering for the purpose of a wedding, a funeral or a religious service, rite or ceremony is limited to the number that can comply with the guidance referred to in subsection (2).

(3) Section 4 of Schedule 4 to the Regulation is revoked.

5. (1) Paragraphs 7 and 8 of subsection 3 (2) of Schedule 7 to the Regulation are revoked and the following substituted:

7.  All people who are seated together at an outdoor table at 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 at the establishment must be limited to the number that can maintain a physical distance of at least two metres from every other person at the establishment.

(2) Section 3 (3) of Schedule 7 to the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(3) Despite subsection (2), the following establishments may provide indoor dining if they meet the conditions set out in paragraphs 1, 2, 3, 4, 6, 9, 10, 12, and 13 of subsection 1 (1) of Schedule 2 to Ontario Regulation 263/20 (Rules for Areas in Stage 2) made under the Act:

. . . . .

(3) Schedule 7 to the Regulation is amended by adding the following section:

22.1 (1) Establishments providing personal care services relating to the hair or body, including hair salons and barbershops, manicure and pedicure salons, aesthetician services, piercing services, tanning salons, spas and tattoo studios may open if they comply with the following conditions:

1.  No personal care services that require the removal of a mask or face covering may be provided.

2.  Persons who provide personal care services in the business must wear appropriate personal protective equipment.

3.  No patron may be permitted to 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.

4.  No member of the public may be permitted to enter the premises except by appointment and appointments must only be made with individuals or with members of the same household.

5.  No member of the public may be permitted to be in the premises except for the period of time during which they are receiving personal care services.

6.  The total number of patrons permitted indoors 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, and in any event cannot exceed the lesser of,

i.  five patrons, and

ii.  25 per cent capacity as determined in accordance with subsection 3 (3) of Schedule 6.

7.  Any locker rooms, change rooms, and showers must be closed except to the extent that they provide access to a washroom or a portion of the business that is used to provide first aid.

8.  Steam rooms and saunas must be closed.

9.  Sensory deprivation pods must be closed, unless they are used for a therapeutic purpose prescribed by, or administered by, a regulated health professional.

10.  Oxygen bars must be closed.

11.  Individuals must be actively screened in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the indoor premises of the establishment.

(2) The requirements under subsection (1) do not apply with respect to hair and makeup services described in section 60.

(3) Paragraph 5 of subsection (1) does not apply to a single caregiver accompanying an individual receiving the personal care service or to a single child of such individual.

(4) Subparagraph 1 ii of subsection 34 (1) of Schedule 7 to the Regulation is revoked and the following substituted:

ii.  is used to provide take-out or delivery service or outdoor dining,

(5) Subsection 45 (1) of Schedule 7 to the Regulation is amended by striking out “subsection (2), (3) or (4)” and substituting “subsection (2), (3), (4) or (7)”.

(6) Subsection 45 (6) of Schedule 7 to the Regulation is revoked and the following substituted:

(6) For greater certainty, no indoor or outdoor sports or recreational classes are permitted at any indoor or outdoor sport and recreational facilities, except as permitted under subsection (7).

(7) A facility for outdoor sports and recreational fitness activities, including a facility for indoor sports and recreational fitness activities that has such outdoor facilities, may be open if it complies with the following conditions:

1.  The only activities permitted on the premises are outdoor fitness classes, personal training, and training for team and individual sports.

2.  No patrons are permitted to be in the indoor areas of the facility.

3.  No more than 10 patrons may be at the outdoor facility at any one time.

4.  Any instruction given to members of the public who are engaged in activities that are not a sport,

i.  must be delivered through a microphone if, without a microphone, the instructor would need to raise their voice beyond the level of normal conversation, and

ii.  must not encourage loud talking, singing or shouting.

5.  No spectators are permitted to be at the facility. However, a person under the age of 18 years who is engaged in activities in the facility may be accompanied by one parent or guardian.

6.  Any person who enters or uses the facility must maintain a physical distance of at least three metres from any other person who is using the facility.

7.  For greater certainty, team sports must not be practised or played at the facility, with the exception of training sessions for members of a sports team that do not include games or scrimmage games.

8.  Activities that are likely to result in individuals coming within three metres of each other must not be practised or played at the facility.

9.  Any equipment that is rented to, provided to or provided for the use of users of the facility must be cleaned and disinfected between each use.

10.  Activities that require the use of equipment or fixed structures that cannot be cleaned and disinfected between each use must not be practised or played within the facility.

11.  The person responsible for the facility must,

i.  record the name and contact information of every member of the public who enters the facility,

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.

12.  Music must not be played at the facility at a decibel level that exceeds the level at which normal conversation is possible.

13.  The facility must actively screen individuals in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the facility.

14.  No member of the public may use the facility unless they have made a reservation to do so. In the case of members of the public participating in a team sport, only one reservation per team is required.

15.  Every person in the facility shall wear a mask or face covering in a manner that covers their mouth, nose and chin.

(8) Despite paragraph 1 of subsection (2) , paragraph 1 of subsection (3) and paragraph 1 of subsection (4), a facility may be open for both a purpose described in subsection (2), (3) or (4) as applicable and a purpose described in subsection (7) if the facility meets the conditions in both subsections.

(9) Paragraph 15 of subsection (7) does not require a person to wear a mask or face covering if they are subject to an exception set out in subsection 2 (5) of Schedule 6.

(7) Schedule 7 to the Regulation is amended by adding the following section:

Personal physical fitness, etc.

45.1 (1) Personal physical fitness and sports trainers that meet the following conditions:

1.  Any services must be provided outside.

2.  Services may not be provided to more than 10 patrons at one time.

3.  Any instruction given to members of the public who are engaged in activities that are not a sport,

i.  must be delivered through a microphone if, without a microphone, the instructor would need to raise their voice beyond the level of normal conversation, and

ii.  must not encourage loud talking, singing or shouting.

4.  No spectators are permitted. However, a person under the age of 18 years who is engaged in physical fitness or sports training activities may be accompanied by one parent or guardian.

5.  Any person who is engaged in physical fitness or sports training activities must maintain a physical distance of at least three metres from any other person.

6.  Training sessions for members of a sports team cannot include games or scrimmage games.

7.  Activities that are likely to result in individuals coming within three metres of each other must not be practised or played.

8.  Any equipment that is rented to, provided to or provided for the use of users engaged in physical fitness or sports training activities must be cleaned and disinfected between each use.

9.  Activities that require the use of equipment or fixed structures that cannot be cleaned and disinfected between each use must not be practised or played.

10.  The personal trainer or sports trainer must,

i.  record the name and contact information of every member of the public who they are providing services to,

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.

11.  Music must not be played at a decibel level that exceeds the level at which normal conversation is possible.

12.  The personal trainer or sports trainer must actively screen individuals in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they engage in personal physical fitness or sports training activities.

13.  Services may only be provided to persons who have reserved an appointment. In the case of members of the public participating in a team sport, only one reservation per team is required.

14.  The personal trainer or sports trainer shall ensure that every person engaged in physical fitness or sports training activities shall wear a mask or face covering in a manner that covers their mouth, nose and chin.

(2) Paragraph 14 of subsection (1) does not require a person to wear a mask or face covering if they are subject to an exception set out in subsection 2 (5) of Schedule 6.

6. (1) Clauses 1 (1) (c) and (d) of Schedule 9 to the Regulation are revoked and the following substituted:

(c)  an organized public event or social gathering of more than 10 people that is held outdoors, including a social gathering associated with a wedding, funeral or a religious service, rite or ceremony, but not including the wedding, funeral or a religious service, rite or ceremony itself; or

(d)  an indoor gathering for the purposes of a wedding, a funeral or a religious service, rite or ceremony where the number of persons occupying any particular room in a building or structure while attending the gathering exceeds 15 per cent of the capacity of the room.

(2) Section 1 of Schedule 9 to the Regulation is amended by adding the following subsection:

(5) For greater certainty, the number of persons who may attend an outdoor gathering for the purposes of a wedding, a funeral or a religious service, rite or ceremony is limited to the number that can comply with the guidance referred to in subsection (2).

(3) Section 4 of Schedule 9 to the Regulation is revoked.

Commencement

7. (1) Subject to subsection (2), this Regulation comes into force on the later of March 29, 2021 and the day it is filed.

(2) Subsection 5 (3) comes into force on the later of April 12, 2021 and the day this Regulation is filed.

 

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