O. Reg. 5/21: RULES FOR AREAS IN STAGE 2

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ontario regulation 5/21

made under the

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

Made: January 9, 2021
Filed: January 9, 2021
Published on e-Laws: January 11, 2021
Printed in The Ontario Gazette: January 23, 2021

Amending O. Reg. 263/20

(RULES FOR AREAS IN STAGE 2)

1. Subsection 1 (3) of Schedule 1 to Ontario Regulation 263/20 is amended by striking out “sections 2 to 7” and substituting “sections 2 to 8”.

2. Schedule 1 to the Regulation is amended by adding the following section:

NHL

8. (1) In this section,

“NHL” means the National Hockey League; (“LNH”)

“NHL participant” means a person who has been specified as a member of a participant group in the professional sports plan for the NHL; (“participant de la LNH”)

“professional sports plan for the NHL” means the document titled “2020-21 NHL Season COVID-19 Protocol” and any attachments to it approved by the Office of the Chief Medical Officer of Health. (“plan de sports professionnels applicable à la LNH”)

(2) The Office of the Chief Medical Officer of Health may approve a professional sports plan for the NHL.

(3) The professional sports plan for the NHL shall list,

(a) the businesses and places that may be used by NHL participants, which may include,

(i) hotels,

(ii) facilities for indoor or outdoor sports and recreational fitness activities,

(iii) businesses or places that are in hotels or facilities mentioned in subclause (i) or (ii), and

(iv) restaurants or bars; and

(b) persons who are NHL participants.

(4) A business or place that is listed in the professional sports plan for the NHL as being available for the use of NHL participants may open for use by NHL participants if the business or place complies with the following conditions:

1. The business or place must operate in accordance with the professional sports plan for the NHL.

2. No spectators may be permitted at the business or place except in accordance with the professional sports plan for the NHL.

3. The business or place must ensure that subsection (6) is complied with on the premises of the business or place.

(5) The following provisions do not apply to the provision of goods or services to an NHL participant by a business or place listed in the professional sports plan for the NHL in accordance with clause (3) (a) when they are provided in accordance with the professional sports plan for the NHL:

1. Subsection 2 (4) and sections 3, 4, 5 and 7 of this Schedule.

2. Section 7 of Schedule 2, but only in respect of personal physical fitness or sports trainers.

3. Sections 13 and 14 of Schedule 2.

4. Clauses 1 (1) (a) and (b) of Schedule 3.

(6) Section 1 of Schedule 2 does not apply to any part of a restaurant, bar, concession stand or other food or drink establishment that provides food, drink or services to NHL participants when they are permitted to provide food, drink or services under the professional sports plan for the NHL, but the establishment must operate in accordance with the conditions set out in paragraphs 2, 3.1, 3.2, 4, 5 and 7 of subsection 1 (1) and subsections 1 (2) to (4.1) of Schedule 2 to Ontario Regulation 364/20 (Rules for Areas in Stage 3) made under the Act.

(7) Clauses 1 (1) (a) and (b) of Schedule 3 do not apply to NHL participants.

3. (1) Paragraphs 3 to 3.3 of subsection 13 (1) of Schedule 2 to the Regulation are revoked.

(2) Subsection 13 (3) of Schedule 2 to the Regulation is amended by striking out “Paragraphs 3, 3.1, 3.2, 3.3, 5 to 7” in the portion before clause (a) and substituting “Paragraphs 5 to 7”.

4. Subsections 14 (1) and (1.1) of Schedule 2 to the Regulation are revoked and the following substituted:

(1) Facilities described in subsection 13 (1) that have areas that are used for outdoor sports and recreational fitness activities may open those areas if they comply with the conditions set out in paragraphs 1 to 13 and 15 of subsection 13 (1).

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

Capacity limits for indoor and outdoor sports and recreational fitness facilities

14.1 (1) A facility described in subsection 13 (1) or 14 (1) that is not a community centre or multi-purpose facility may provide classes, organized programs or organized activities if it complies with the following conditions:

1. Every person participating in a fitness or exercise class must maintain a physical distance of at least three metres from every other person.

2. Every person participating in any other kind of class, organized program or organized activity must maintain a physical distance of at least two metres from every other person.

3. The total number of members of the public permitted to be in all indoor classes, organized programs and organized activities at the facility at any one time cannot exceed 10 persons.

4. The total number of members of the public permitted to be in all outdoor classes, organized programs and organized activities at the facility at any one time cannot exceed 25 persons.

(2) A facility described in subsection 13 (1) or 14 (1) that is not a community centre or multi-purpose facility may provide access to areas containing weights or exercise machines subject to the following conditions:

1. Every person using any such area must maintain a physical distance of at least three metres from every other person.

2. The total number of members of the public permitted to use all such areas in the facility at any one time cannot exceed 10 persons.

(3) If a facility described in subsection 13 (1) or 14 (1) that is not a community centre or multi-purpose facility provides indoor classes, organized programs or organized activities and also has one or more areas containing weights or exercise machines, the total number of members of the public permitted to be indoors in the entire facility must not exceed 20 persons at any one time.

(4) For a facility that is a community centre or multi-purpose facility, the capacity limits in subsections (1) and (2) apply in respect of each room that is physically separated from other rooms in the facility.

Outdoor recreational amenities

Outdoor recreational amenities

14.2 (1) Outdoor recreational amenities that are not a facility or part of a facility described in subsection 13 (1), including the following amenities, may open if they are in compliance with subsection (2) of this section:

1. Parks and recreational areas.

2. Baseball diamonds.

3. Batting cages.

4. Soccer, football and sports fields.

5. Tennis, platform tennis, table tennis and pickleball courts.

6. Basketball courts.

7. BMX parks.

8. Skate parks.

9. Golf courses and driving ranges.

10. Frisbee golf locations.

11. Cycling tracks and bike trails.

12. Horse riding facilities.

13. Shooting ranges, including those operated by rod and gun clubs.

14. Ice rinks.

15. Downhill ski hills.

16. Snow tubing hills.

17. Tobogganing hills.

18. Ice skating trails.

19. Snow trails, including snowmobile, cross country ski, snowshoe and dog sledding trails.

20. Playgrounds.

21. Portions of parks or recreational areas containing outdoor fitness equipment.

(2) An outdoor recreational amenity described in subsection (1) may only open if the following conditions are met:

1. Any person who enters or uses the amenity must maintain a physical distance of at least two metres from any other person who is using the amenity.

2. Any person in line for the amenity or who forms a line anywhere within the amenity must wear a mask or face covering in a manner that covers their mouth, nose and chin during any period that they are in the line, unless the person,

i. is a child who is younger than two years of age,

ii. has a medical condition that inhibits their ability to wear a mask or face covering,

iii. is unable to put on or remove their mask or face covering without the assistance of another person,

iv. needs to temporarily remove their mask or face covering as may be necessary for the purposes of health and safety,

v. is being accommodated in accordance with the Accessibility for Ontarians with Disabilities Act, 2005, or

vi. is being reasonably accommodated in accordance with the Human Rights Code.

3. Any person using a downhill ski lift, including a surface lift, must wear a mask or face covering in a manner that covers their mouth, nose and chin, unless,

i. the person is entitled to any of the exceptions set out in paragraph 2, or

ii. in the case of a person using a downhill ski lift chair, all persons using the chair are members of a single household.

4. Any person, including a person who performs work at the amenity, while driving or riding on an open air vehicle within the amenity, must wear a mask or face covering in a manner that covers their mouth, nose and chin, unless,

i. the person driving or riding on the vehicle is entitled to any of the exceptions set out in paragraph 2, or

ii. all persons driving or riding on the vehicle are members of a single household.

5. Team sports must not be practised or played within the amenity, with the exception of training sessions for members of a sports team that do not include games or scrimmage games.

6. Other sports or games that are likely to result in individuals coming within two metres of each other must not be practised or played within the amenity.

7. Locker rooms, change rooms, showers and clubhouses must be closed, except to the extent they provide access to equipment storage, a washroom or a portion of the amenity that is used to provide first aid.

(3) Paragraph 1 of subsection (2) does not apply in respect of the following persons who enter or use an outdoor recreational amenity:

1. Persons using a downhill ski lift that is a surface lift.

2. Persons using a downhill ski lift chair, if at least one empty seat is left between any persons who are not members of a single household.

3. Parasport participants and their attendants or guides.

4. Members of a single household.

(4) Paragraphs 1, 5 and 6 of subsection (2) do not apply with respect to an amenity, or a particular area of an amenity, during periods when the amenity or the particular area is exclusively being used by persons who are athletes, coaches and officials training or competing to be a part of Team Canada at the next summer or winter Olympic Games or Paralympic Games if the persons are,

(a) identified by a national sport organization that is either funded by Sport Canada or recognized by the Canadian Olympic Committee or the Canadian Paralympic Committee; and

(b) permitted to train, compete, coach or officiate under the safety protocols put in place by a national sport organization mentioned in clause (a).

6. The Regulation is amended by adding the following heading before section 15 of Schedule 2:

Camps for children

Commencement

7. This Regulation comes into force on the day it is filed.

 

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