O. Reg. 345/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - PATIOS
filed July 2, 2020 under Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9Skip to content
ontario regulation 345/20
made under the
Emergency Management and Civil Protection Act
Made: July 2, 2020 (5:10 pm) Filed: July 2, 2020
Published on e-Laws: July 3, 2020
Printed in The Ontario Gazette: July 18, 2020
ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - Patios
Whereas an emergency was declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 at 7:30 a.m. Toronto time pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act (the “Act”) and has been extended pursuant to section 7.0.7 of the Act;
And Whereas the criteria set out in subsection 7.0.2 (2) of the Act have been satisfied;
And Whereas hospitality sector workers and businesses have been significantly impacted by the coronavirus (COVID-19) outbreak;
And Whereas the Government of Ontario has sought to respond to the impacts of the outbreak on the hospitality sector by allowing restaurants and bars to temporarily create or extend outdoor patio spaces to safely accommodate patrons and staff once licensed establishments are permitted to reopen for business;
And Whereas municipal zoning by-laws would prohibit the establishment or extension of some restaurant and bar patios;
And Whereas it is necessary to address certain legislative provisions that are affecting the ability of municipalities to make decisions to allow the quick establishment or extension of restaurant and bar patios;
Now Therefore, this Order is made pursuant to subsection 7.0.2 (4) of the Act, in particular paragraphs 6, 8 and 14 of that subsection, the terms of which are set out in Schedule 1;
And Further, this Order applies generally throughout Ontario.
1. In this order,
“restaurant or bar patio” means an area that is not an enclosed public place or an enclosed workplace and that meets the following criteria:
1. The public is ordinarily invited or permitted access to the area, either expressly or by implication, whether or not a fee is charged for entry, or the area is worked in or frequented by employees during the course of their employment, whether or not they are acting in the course of their employment at the time.
2. Food or drink is served or sold or offered for consumption in the area, or the area is part of, or operated in conjunction with, an area where food or drink is served or sold or offered.
3. The area is not primarily a private dwelling.
Exemption from certain provisions
2. A by-law that would authorize the temporary use of land for a restaurant or bar patio under section 39 of the Planning Act is exempt from subsections 34 (12) to (14.3), (14.5) to (15) and (19) of that Act and paragraphs 4 and 5 of subsection 6 (9) of Ontario Regulation 545/06 under that Act.