O. Reg. 789/20: RULES FOR AREAS IN STAGE 1, Filed December 23, 2020 under Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17

ontario regulation 789/20

made under the

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

Made: December 23, 2020
Filed: December 23, 2020
Published on e-Laws: December 23, 2020
Printed in The Ontario Gazette: January 9, 2021

Amending O. Reg. 82/20

(RULES FOR AREAS IN STAGE 1)

1. (1) Section 3 of Schedule 3 to Ontario Regulation 82/20 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 or authorized recreational and skill building program within the meaning of the Child Care and Early Years Act, 2014;

(b) to the extent necessary to facilitate the operation of an extended day program, as defined in the Education Act,

(i) for pupils beginning on December 28 and ending on December 31, and

(ii) if approved by the Minister of Education, 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) The condition set out in subsection (1) does 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.

(2) Section 3 of Schedule 3 to the Regulation, as remade by subsection (1), 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 or authorized recreational and skill building program 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) Despite subsection (1), schools and private schools may provide in-person teaching or instruction if they meet the following conditions:

1. At least one of the following must be true:

i. They must only provide in-person teaching or instruction to pupils in kindergarten or grades 1 through 8.

ii. They must be located in any of the following health units:

A. The District of Algoma Health Unit.

B. North Bay Parry Sound District Health Unit.

C. Northwestern Health Unit.

D. Porcupine Health Unit.

E. Sudbury and District Health Unit.

F. Thunder Bay District Health Unit.

G. Timiskaming Health Unit.

2. They must be operated 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. If in-person teaching or instruction at the institution involves singing or the playing of brass or wind instruments,

i. every person who is singing or playing must be separated from every other person by plexiglass or some other impermeable barrier, and

ii. every person in the instructional space must remain at least two metres apart from every other person in the instructional space.

4. 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.

(4) The condition set out in subsection (1) does not apply to schools that meet the condition set out in paragraph 4 of subsection (3) 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.

2. Schedule 5 to the Regulation is amended by adding the following paragraphs:

29. Staff as defined in the Retirement Homes Act, 2010.

30. Licensees as defined in the Retirement Homes Act, 2010 who are individuals and who work or provide services at a retirement home.

31. Staff as defined in the Long-Term Care Homes Act, 2007.

Amendments to O. Reg. 779/20

3. (1) Subsections 6 (2) and (3) of Ontario Regulation 779/20 are revoked.

(2) Subsection 6 (4) of the Regulation is amended by striking out “as remade by subsection (3)”.

(3) Subsection 8 (1) of the Regulation is amended by striking out “subsections (2) and (3)” and substituting “subsection (3)”.

(4) Subsection 8 (2) of the Regulation is revoked.

Commencement

4. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Subsection 1 (1) and section 2 come into force on December 26, 2020.

(3) Subsection 1 (2) comes into force on January 11, 2021.