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ontario regulation 57/21

made under the

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

Made: February 5, 2021
Filed: February 5, 2021
Published on e-Laws: February 5, 2021
Printed in The Ontario Gazette: February 20, 2021

Amending O. Reg. 82/20


1. (1) Subsection 48 (1) of Schedule 2 to Ontario Regulation 82/20 is revoked and the following substituted:

Facilities for indoor or outdoor sports and recreational fitness activities

(1) Facilities for indoor or outdoor sports and recreational fitness activities that meet the conditions set out in subsection (2), (3) or (3.1), as applicable.

(2) Section 48 of Schedule 2 to the Regulation is amended by adding the following subsections:

(3.1) A facility for indoor or outdoor sports and recreational fitness activities may, but is not required to, open if it meets the following conditions:

1.  The facility must be open solely for the purpose of allowing use of the facility by,

i.  persons with a disability, within the meaning of the Accessibility for Ontarians with Disabilities Act, 2005, who,

A.  have received a written instruction for physical therapy from a regulated health professional who is qualified to provide the instruction, and

B.  are not able to engage in the physical therapy elsewhere,

ii.  such staff as are strictly necessary to operate the facility and support the provision of the physical therapy, and

iii.  such support persons or service animals as may be necessary for the person with a disability.

2.  The facility must have established a health and safety protocol for the use of the facility that is consistent with sections 2, 3, 4, 5 and 10 of Schedule 1, and the facility must be operated in compliance with the health and safety protocol.

3.  The person responsible for the facility must,

i.  record the name and contact information of every person described in paragraph 1 who enters and uses 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.

(3.2) Despite paragraph 1 of subsection (3) and paragraph 1 of subsection (3.1), a facility may be open for both purposes described subsections (3) and (3.1) if the facility meets the conditions in both subsections.


2. This Regulation comes into force on the later of February 8, 2021 and the day it is filed.