O. Reg. 278/21: RULES FOR AREAS IN STAGE 1

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ontario regulation 278/21

made under the

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

Made: April 14, 2021
Filed: April 14, 2021
Published on e-Laws: April 15, 2021
Printed in The Ontario Gazette: May 1, 2021

Amending O. Reg. 82/20

(RULES FOR AREAS IN STAGE 1)

1. Paragraph 2 of subsection 24 (2) of Schedule 2 to Ontario Regulation 82/20 is amended by striking out “December 21, 2020” in the portion before subparagraph i and substituting “April 12, 2021”.

2. Section 3 of Schedule 3 to the Regulation 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.

(2) Despite subsection (1), schools and private schools within the meaning of the Education Act 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) Subsections (1) and (2) do not apply to schools that meet the condition set out in subsection (4) and that are 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.

(4) A school described in subsection (3) may open if it meets the following condition:

1. 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.

3. (1) Schedule 5 to the Regulation is amended by adding the following paragraph:

1.1.1 An individual who performs work in relation to the administration, manufacturing or distribution of COVID-19 vaccines and whose work cannot be performed remotely.

(2) Paragraph 6.2 of Schedule 5 to the Regulation is amended by adding “or the Ministry of the Solicitor General” after “the Ministry of the Attorney General” in the portion before subparagraph i.

(3) Subparagraph 8 iii of Schedule 5 to the Regulation is amended by striking out “and whose duties include being a fire investigator or supervising or managing fire investigators”.

(4) Schedule 5 to the Regulation is amended by adding the following paragraphs:

25.0.1 An individual appointed as an inspector under subsection 28 (1) of the Child Care and Early Years Act, 2014.

25.0.2 Any individual whose child was registered in an emergency child care program delivered by a consolidated municipal service manager or district social service administration board during the time period beginning on April 6, 2021 and ending on April 16, 2021.

(5) Paragraph 35 of Schedule 5 to the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

35. An individual who performs work that is essential to the operation of, or who conducts COVID-19 sampling and analysis related to,

. . . . .

(6) Schedule 5 to the Regulation is amended by adding the following paragraphs:

35.0.1 An individual employed in the Ministry of the Environment, Conservation and Parks who performs work in relation to the following and whose work cannot be performed remotely:

i. Laboratory services.

ii. Environmental monitoring and reporting.

iii. Responding to environmental incidents.

iv. The operation of Ontario Parks.

. . . . .

38.5 An individual employed by a municipal transit agency, Metrolinx or the Ontario Northland Transportation Commission whose work cannot be performed remotely.

38.6 An individual who works for a business described in section 43 of Schedule 2.

Commencement

4. This Regulation comes into force on the later of April 15, 2021 and the day it is filed.

 

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