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ontario regulation 440/21

made under the

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

Made: June 7, 2021
Filed: June 7, 2021
Published on e-Laws: June 7, 2021
Printed in The Ontario Gazette: June 26, 2021

Amending O. Reg. 82/20

(RULES FOR AREAS IN STAGE 1)

1. The title to Ontario Regulation 82/20 is revoked and the following substituted:

Rules for Areas in Shutdown Zone and AT STEP 1

2. Section 1 of the Regulation is revoked and the following substituted:

Terms of Order

1. The terms of this Order are set out in Schedules 1 to 10.

3. Sections 3 to 3.3 of the Regulation are revoked and the following substituted:

Application

3. (1) Subject to subsections (2) and (3), this Order applies to the areas listed in Schedule 1 to Ontario Regulation 363/20 made under the Act.

(2) Schedules 1 to 5 apply throughout the Shutdown Zone.

(3) Schedules 6 to 10 apply throughout the areas at Step 1.

Shutdown Zone

3.1 In this Order, a reference to the Shutdown Zone is a reference to all areas listed as being in the Shutdown Zone in section 1 of Schedule 1 to Ontario Regulation 363/20 made under the Act.

Step 1

3.2 In this Order, a reference to areas at Step 1 is a reference to all areas listed as being at Step 1 in section 2 of Schedule 1 to Ontario Regulation 363/20 made under the Act.

References to this Order

3.3 (1) In Schedules 1 to 5, a reference to “this Order” is a reference to Schedules 1 to 5.

(2) In Schedules 6 to 10, a reference to “this Order” is a reference to Schedules 6 to 10.

4. (1) Subsection 1 (5) of Schedule 1 to the Regulation is amended by striking out “12” and substituting “10”.

(2) Sections 11 and 12 of Schedule 1 to the Regulation are revoked.

5. Subsection 6 (3) of Schedule 2 to the Regulation is amended by striking out “(Rules for Areas in Stage 2)” in the portion before paragraph 1.

6. Subsection 4 (2) of Schedule 3 to the Regulation is amended by adding the following paragraph:

21.1  Horseshoe pits.

7. Schedule 4 to the Regulation is amended by adding the following section:

Exception, retirement homes

2.1 Section 1 does not apply with respect to a gathering in a retirement home within the meaning of the Retirement Homes Act, 2010 if it is in compliance with the policies or guidance, if any, issued by the Retirement Homes Regulatory Authority.

8. The English version of paragraph 21.2 of Schedule 5 to the Regulation is amended by striking out “section 35 (1)” and substituting “subsection 35 (1)”.

9. The heading immediately before Schedule 6 to the Regulation is revoked and the following substituted:

Step 1

10. (1) The heading to Schedule 6 to the Regulation is revoked and the following substituted:

SCHEDULE 6
General Rules at Step 1

(2) Subsection 1 (5) of Schedule 6 to the Regulation is amended by striking out “13” and substituting “11”.

(3) Subsection 2 (4) of Schedule 6 to the Regulation is revoked.

(4) Schedule 6 to the Regulation is amended by adding the following section:

Work from home except where necessary

2.1 (1) Each person responsible for a business or organization that is open shall ensure that any person who performs work for the business or organization conducts their work remotely, unless the nature of their work requires them to be on-site at the workplace.

(2) Subsection (1) does not apply to a business or organization described in subsection 1 (9).

(5) Section 3 of Schedule 6 to the Regulation is amended by adding the following subsection:

(3.1) For the purposes of this Order, the maximum number of members of the public permitted in a business or facility that is operating at 15 per cent capacity is determined by taking the total square metres of floor area accessible to the public in the business or facility, not including shelving and store fixtures, dividing that number by 26.67 and rounding the result down to the nearest whole number.

(6) Subsection 4 (4) of Schedule 6 to the Regulation is revoked and the following substituted:

(4) Every member of the public in a place of business or facility that is open to the public, and every person in attendance at an organized public event or gathering permitted by this Order, shall maintain a physical distance of at least two metres from every other person, except from their caregiver or from members of the person’s household.

(7) Section 5 of Schedule 6 to the Regulation is revoked and the following substituted:

Physical distancing and masks or face coverings in lines, etc.

5. (1) The person responsible for a business or place that is open must not permit patrons to line up or congregate outside of the business or place unless they are maintaining a physical distance of at least two metres from other groups of persons.

(2) The person responsible for a business or place that is open must not permit patrons to line up inside the business or place unless they are,

(a)  maintaining a physical distance of at least two metres from other groups of persons; and

(b)  wearing a mask or face covering in a manner that covers their mouth, nose and chin, unless they are entitled to any of the exceptions set out in subsection 2 (5).

(8) Section 7 of Schedule 6 to the Regulation is revoked.

(9) Section 9 of Schedule 6 to the Regulation is revoked.

(10) Sections 12 and 13 of Schedule 6 to the Regulation are revoked.

11. (1) The heading to Schedule 7 to the Regulation is revoked and the following substituted:

SCHEDULE 7
BUSINESSES THAT MAY OPEN at Step 1

(2) Section 2 of Schedule 7 to the Regulation is revoked and the following substituted:

Retailers

2. (1) The following businesses that engage in retail sales to the public and that meet the conditions set out in subsection (2):

1.  Supermarkets, grocery stores, convenience stores, indoor farmers’ markets and other stores that primarily sell food, other than establishments described in section 3.

2.  Pharmacies.

3.  Discount and big box retailers selling groceries.

4.  Safety supply stores.

5.  Businesses that primarily sell, rent or repair assistive devices, aids or supplies, mobility devices, aids or supplies or medical devices, aids or supplies.

6.  Optical stores that sell prescription eyewear to the public.

7.  Retail stores operated by telecommunications providers.

8.  Stores, other than establishments described in section 3, that sell liquor, including beer, wine and spirits.

9.  Outdoor garden centres and plant nurseries.

10.  Indoor greenhouses.

(2) The business must comply with the following conditions:

1.  They must limit the total number of members of the public in the place of business so that the total number of members of the public in the place of business at any one time does not exceed 25 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 6.

2.  They must ensure that any music played at the place of business is not at a decibel level that exceeds the level at which normal conversation is possible.

(3) For greater certainty, paragraph 1 of subsection (1) includes stores that predominately sell one category of food.

(4) Nothing in this section permits a business located within an indoor farmer’s market to exceed 15 per cent capacity for in-store shopping unless it is a business that primarily sells food.

(3) Paragraph 5 of subsection 3 (2) of Schedule 7 to the Regulation is revoked.

(4) Paragraph 6 of subsection 3 (2) of Schedule 7 to the Regulation is revoked and the following substituted:

6.  No patron may be permitted to line up or congregate outside of the establishment unless they are maintaining a physical distance of at least two metres from other groups of persons inside or outside the establishment.

6.1  No patron may be permitted to line up inside the establishment unless they are,

i.  maintaining a physical distance of at least two metres from other groups of persons inside or outside the establishment, and

ii.  wearing a mask or face covering in a manner that covers their mouth, nose and chin, unless they are entitled to any of the exceptions set out in subsection 2 (5) of Schedule 6.

(5) Paragraph 7 of subsection 3 (2) of Schedule 7 to the Regulation is revoked and the following substituted:

7.  No more than four people may be seated together at an outdoor table at the establishment unless everyone seated at the table is,

i.  a member of the same household,

ii.  a member of up to one other household who lives alone, or

iii.  a caregiver for any member of either household.

(6) Subsection 3 (3) of Schedule 7 to the Regulation is amended by striking out “paragraphs 1, 2, 3, 4, 6, 9, 10, 12, and 13 of subsection 1 (1) of Schedule 2 to Ontario Regulation 263/20 (Rules for Areas in Stage 2)” in the portion before paragraph 1 and substituting “paragraphs 1, 2, 3, 4, 6, 8.1, 9, 10, 12, and 13 of subsection 1 (1) of Schedule 2 to Ontario Regulation 263/20”.

(7) Section 5 of Schedule 7 to the Regulation is revoked and the following substituted:

5. (1) Shopping malls that comply with the following conditions:

1.  Despite section 7, the only businesses in the shopping mall that may open for in-person retail sales to the public are,

i.  businesses described in section 2, and

ii.  any other businesses that have a public entrance that opens onto a street or exterior sidewalk.

2.  Members of the public must only be permitted to enter the shopping mall,

i.  for the purpose of accessing a business or place that is permitted to be open under this Order,

ii.  for the purpose of accessing a designated location described in subsection (4) or (5),

iii.  for the purpose of delivering or supporting the delivery of court services,

iv.  for operations by or on behalf of a government, or

v.  for the purpose of delivering or supporting the delivery of government services.

3.  Members of the public who enter the shopping mall for a reason described in paragraph 2 must not be permitted to loiter in any area of the shopping mall that is not related to the purpose of their visit.

4.  If a business or place in the shopping mall has a public entrance that opens onto a street or exterior sidewalk,

i.  members of the public may only be permitted to enter and exit the business or place through a public entrance that opens onto a street or exterior sidewalk, and

ii.  members of the public must be prohibited from entering or exiting the business or place through any entrance that opens directly into the shopping mall.

5.  Any interior dining spaces inside the shopping mall, including any tables and seating in food courts, must be closed.

6.  The shopping mall must ensure that any music played at the shopping mall is not at a decibel level that exceeds the level at which normal conversation is possible.

7.  If the shopping mall is an indoor shopping mall, the shopping mall must actively screen individuals in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the indoor premises of the mall.

(2) Any business in the shopping mall that is not permitted to open for in-person retail sales to the public may open for the purpose of,

(a)  making sales using an alternative method of sale that does not require patrons to enter the shopping mall, including curbside pick-up or delivery; or

(b)  permitting patrons to pick up items at a designated location established by the shopping mall under subsection (4) or (5).

(3) For greater certainty, paragraph 5 of subsection (1) does not prevent a restaurant, bar or other food or drink establishment within a shopping mall from opening and operating in compliance with section 3.

(4) A shopping mall may establish a single designated location inside the shopping mall for the purpose of allowing patrons to pick up an order from a business or place inside the shopping mall. Patrons may only pick up orders from the indoor designated location by making a prior appointment, and an item may only be provided for pick-up if the patron ordered the item before arriving at the business premises.

(5) A shopping mall may establish any number of designated locations outside the shopping mall for the purpose of allowing patrons to pick up an order from a business or place inside the shopping mall. Patrons may only pick up orders from the outdoor designated location by making a prior appointment, and an item may only be provided for pick-up if the patron ordered the item before arriving at the business premises.

(8) Section 5.1 of Schedule 7 to the Regulation is revoked.

(9) Paragraph 4 of section 6 of Schedule 7 to the Regulation is amended by striking out “50 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 6” at the end and substituting “25 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 6”.

(10) Section 7 of Schedule 7 to the Regulation is revoked and the following substituted:

7. (1) Businesses not already described in sections 2 to 6 that engage in retail sales to the public and that comply with the following conditions:

1.  They must limit the number of members of the public in the place of business so that the total number of members of the public in the place of business at any one time does not exceed 15 per cent capacity, as determined in accordance with subsection 3 (3.1) of Schedule 6.

2.  They must ensure that any music played at the place of business is not at a decibel level that exceeds the level at which normal conversation is possible.

(2) Despite anything else in this Order, any business that engages in retail sales to the public and that is not already described in sections 1 to 6 must comply with the conditions set out in subsection (1).

(3) Cannabis retail stores operating under the authority of a retail store authorization issued under the Cannabis Licence Act, 2018 may open if they comply with the conditions set out in subsection (1) and provide products to patrons through in-person sales or through an alternative method of sale, such as curbside pick-up or delivery.

(4) A business that, as of December 26, 2020, was permitted to be open only in accordance with the conditions described in subsection (1) as it read on that date may only continue to be open in accordance with the conditions under that subsection as amended whether or not, after that date, it modified its operations or the type of products it sells.

(5) Despite subsection 32 (2) of Ontario Regulation 268/18 (General) made under the Smoke-Free Ontario Act, 2017, a person responsible for a specialty vape store as defined in that Regulation that is permitted to be open in accordance with the conditions described in subsection (1) shall not permit an electronic cigarette to be used for the purpose of sampling a vapour product in the specialty vape store.

(11) Section 14 of Schedule 7 to the Regulation is revoked and the following substituted:

14. Domestic services that support children, seniors or vulnerable persons, including housekeeping, cooking, indoor and outdoor cleaning and maintenance services.

(12) Section 21 of Schedule 7 to the Regulation is revoked and the following substituted:

21. (1) Child care providers, subject to subsections (2) and (3).

(2) A child care centre may open if it meets the following conditions:

1.  The centre shall not operate a before or after school program on any school day for a child unless the child’s school is permitted under this Order to provide in-person teaching or instruction to the child on that day.

2.  The centre shall not provide child care on school days during typical school hours for a child whose school is not permitted under this Order to provide in-person teaching or instruction to the child on that day and who, immediately before April 12, 2021,

i.  was enrolled in school, and

ii.  was not registered to attend the centre on those days and during those hours.

3.  If the Minister of Education designates a child care centre as an emergency child care centre that provides care for children of individuals listed in Schedule 10, paragraph 2 does not apply with respect to the provision of child care by the centre to the children of those individuals.

(3) A provider of authorized recreational and skill building programs shall not provide such a program to a child on a school day unless the child is enrolled in a school that is permitted under this Order to provide in-person teaching or instruction on that day.

(4) In this section,

“authorized recreational and skill building programs”, “child care”, “child care centre” and “child care provider” have the same meaning as in the Child Care and Early Years Act, 2014; (“programme autorisé de loisirs et de développement des compétences”, “garde d’enfants”, “centre de garde”, “fournisseur de services de garde”)

“school day” has the same meaning as in the Education Act. (“jour d’école”)

(13) Schedule 7 to the Regulation is amended by adding the following section:

21.1 Businesses providing short term rental accommodation that meet the following condition:

1.  Any indoor pools, communal steam rooms, saunas or indoor whirlpools, indoor fitness centres, or other indoor recreational facilities that are part of the operation of these businesses, are closed.

(14) Paragraph 1 of section 22 of Schedule 7 to the Regulation is revoked and the following substituted:

1.  Any indoor pools, communal steam rooms, saunas or indoor whirlpools, indoor fitness centres, or other indoor recreational facilities that are part of the operation of these businesses, are closed.

(15) Section 22.1 of Schedule 7 to the Regulation is revoked and the following substituted:

22.1 (1) Establishments that operate for the purposes of providing access to sensory deprivation pods that are being used for a therapeutic purpose prescribed by, or administered by, a regulated health professional and that comply with the following conditions:

1.  Persons who provide services in the business must wear appropriate personal protective equipment.

2.  No member of the public may be permitted to enter the premises except by appointment.

3.  No member of the public may be permitted to be in the premises except for the period of time during which they are receiving sensory deprivation pod services.

4.  The total number of patrons permitted indoors in the establishment must be limited to the number that can maintain a physical distance of at least two metres from every other person in the establishment, and in any event cannot exceed the lesser of,

i.  five patrons, and

ii.  25 per cent capacity as determined in accordance with subsection 3 (3) of Schedule 6.

(2) Paragraph 3 of subsection (1) does not apply to a single caregiver accompanying an individual receiving the sensory deprivation pod service or to a single child of such individual.

(16) Section 23 of Schedule 7 to the Regulation is revoked and the following substituted:

23. Campgrounds that meet the following condition:

1.  Any restaurant, indoor pool, communal steam room, sauna or indoor whirlpool, meeting room, indoor fitness centre or other indoor recreational facility on the premises must be closed to the public, except for any portion of those areas that,

i.  is used to provide first aid services,

ii.  is used to provide take-out or delivery service or outdoor dining in accordance with section 3,

iii.  contains a washroom, or

iv.  provides access to an area described in subparagraph i, ii or iii.

(17) Section 24.1 of Schedule 7 to the Regulation is revoked.

(18) Subsection 30 (2) of Schedule 7 to the Regulation is amended by striking out “section 7” and substituting “section 2”.

(19) Paragraph 1 of subsection 34 (1) of Schedule 7 to the Regulation is revoked and the following substituted:

1.  Any clubhouse, restaurant, indoor pool, communal steam room, sauna or indoor whirlpool, meeting room, indoor fitness centre or other indoor recreational facility on the premises must be closed to the public, except for any portion of those areas that,

i.  is used to provide first aid services,

ii.  is used to provide take-out or delivery service or outdoor dining in accordance with section 3,

iii.  contains a washroom, or

iv.  provides access to an area described in subparagraph i, ii or iii.

(20) Subsection 45 (7) of Schedule 7 to the Regulation is revoked and the following substituted:

(7) A facility for outdoor sports and recreational fitness activities, including a facility for indoor sports and recreational fitness activities that has such outdoor facilities, may be open if it complies with the following conditions:

1.  The only activities permitted on the premises are outdoor fitness classes, personal training and training for team and individual sports.

2.  No patrons are permitted to be in the indoor areas of the facility, except as may be necessary,

i.  to access a washroom,

ii.  to access an outdoor area that can only be accessed through an indoor route, or

iii.  as may be necessary for the purposes of health and safety.

3.  No more than 10 patrons may participate,

i.  in an outdoor fitness class at any one time, or

ii.  as a group in personal training or in training for team or individual sports.

4.  No spectators are permitted to be at the facility. However, a person under the age of 18 years who is engaged in activities in the facility may be accompanied by one parent or guardian.

5.  Any person who enters or uses the facility must maintain a physical distance of at least three metres from any other person who is using the facility.

6.  For greater certainty, team sports must not be practised or played at the facility, with the exception of training sessions for members of a sports team that do not include games or scrimmage games.

7.  Activities that are likely to result in individuals coming within three metres of each other must not be practised or played at the facility.

8.  The person responsible for the facility must,

i.  record the name and contact information of every member of the public who enters 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.

9.  The facility must actively screen individuals in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the facility.

(21) Subsection 45 (9) of Schedule 7 to the Regulation is revoked.

(22) Section 45.1 of Schedule 7 to the Regulation is revoked and the following substituted:

Personal physical fitness, etc.

45.1 Personal physical fitness and sports trainers that meet the following conditions:

1.  Any services must be provided outside.

2.  Services may not be provided to more than 10 patrons at one time.

3.  No spectators are permitted. However, a person under the age of 18 years who is engaged in physical fitness or sports training activities may be accompanied by one parent or guardian.

4.  Any person who is engaged in physical fitness or sports training activities must maintain a physical distance of at least three metres from any other person.

5.  Training sessions for members of a sports team cannot include games or scrimmage games.

6.  Activities that are likely to result in individuals coming within three metres of each other must not be practised or played.

7.  The personal trainer or sports trainer must,

i.  record the name and contact information of every member of the public who they are providing services to,

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.

8.  The personal trainer or sports trainer must actively screen individuals in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they engage in personal physical fitness or sports training activities.

(23) Section 46 of Schedule 7 to the Regulation is revoked and the following substituted:

Recreation

46. (1) Subject to subsection (2), businesses whose primary purpose is to operate an outdoor recreational amenity that is permitted to open under section 4 of Schedule 8.

(2) Amusement parks and water parks must be closed.

(24) Section 47 of Schedule 7 to the Regulation is revoked and the following substituted:

47. Outdoor horse racing tracks, car racing tracks and other similar venues may open for training and races if they comply with the following conditions:

1.  No members of the public are permitted at the venue.

2.  Only persons who are essential to the training, race or operation of the venue are permitted to be on the premises of the venue.

(25) Schedule 7 to the Regulation is amended by adding the following section:

50.1 Osteopathic manual practitioners.

(26) Schedule 7 to the Regulation is amended by adding the following section:

Teaching and instruction

57.1 Businesses that open to provide in-person teaching and instruction and that meet the following conditions:

1.  The instructional space for the in-person teaching and instruction must be outdoors.

2.  The students must maintain a physical distance of at least two metres from every other person in the instructional space, except where necessary for teaching and instruction that cannot be effectively provided if physical distancing is maintained.

3.  The total number of students permitted to be in each instructional space at any one time must be limited to 10 persons.

4.  If the in-person teaching or instruction 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, or

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

5.  Students must be actively screened in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the business.

6.  The person responsible for the business shall,

i.  record the name and contact information of every student who attends the in-person teaching and instruction,

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.

(27) Subsection 60 (1) of Schedule 7 to the Regulation is amended by adding the following paragraph:

1.1  No more than 50 performers may be permitted to be on the film or television set.

(28) Paragraph 4 of subsection 60 (1) of Schedule 7 to the Regulation is revoked.

(29) Section 63 of Schedule 7 to the Regulation is revoked and the following substituted:

63. Commercial and industrial photography.

63.1 Photography studios and services that meet the following conditions:

1.  Photography may only be provided by appointment.

2.  Any in-person services provided to patrons, including the taking of photographs, must be provided outdoors.

3.  Patrons must be actively screened in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before photography is provided.

(30) Section 65 of Schedule 7 to the Regulation is revoked and the following substituted:

Entertainment

65. (1) Concert venues, theatres and cinemas that meet the conditions set out in subsection (2) or (3).

(2) Concert venues, theatres and cinemas may open for the purpose of rehearsing or performing a recorded or broadcasted concert, artistic event, theatrical performance or other performance on outdoor premises if they comply with the following conditions:

1.  No spectators may be permitted anywhere on the premises.

2.  Only persons who are essential to the rehearsal or performance are permitted anywhere on the premises.

3.  No more than 10 performers may be permitted to participate in the rehearsal or performance.

4.  Every performer and other person who performs work for the concert venue, theatre or cinema must maintain a physical distance of at least three metres from every other person.

5.  No performer or other person who performs work for the concert venue, theatre or cinema may be permitted in an indoor area of the concert venue, theatre or cinema, except,

i.  where necessary to use a washroom,

ii.  where necessary to access an outdoor area that can only be accessed through an indoor route, or

iii.  as may otherwise be required for the purposes of health and safety.

6.  The person responsible for the concert venue, theatre or cinema must,

i.  record the name and contact information of every performer or other person who is present at the rehearsal or performance,

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.

7.  The person responsible for the concert venue, theatre or cinema must ensure that individuals are actively screened in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the premises.

(3) Concert venues, theatres and cinemas may open if they comply with the following conditions:

1.  The movie, concert, artistic event, theatrical performance or other performance must be provided in a drive-in or drive-through format.

2.  Each person in attendance at the drive-in cinema or the drive-in or drive-through concert, event or performance, other than persons who perform work for the drive-in cinema or the drive-in or drive-through concert, event or performance, must remain within a motor vehicle designed to be closed to the elements except,

i.  where necessary to purchase admission,

ii.  where necessary to use a washroom, or

iii.  as may otherwise be required for the purposes of health and safety.

3.  Every motor vehicle at the drive-in cinema or the drive-in or drive-through concert, event or performance may only contain members of a single household plus a maximum of one additional person from outside that household who lives alone.

4.  The driver of a motor vehicle at the drive-in cinema or the drive-in or drive-through concert, event or performance must ensure that it is positioned at least two metres away from other motor vehicles.

66. Businesses that provide outdoor tour and guide services, including guided hunting trips, tastings and tours for wineries, breweries and distilleries, trail riding tours, walking tours and bicycle tours, but not motor vehicle tours or boat tours, may open if they comply with the following conditions:

1.  The tour must be operated to enable every person on the tour, including tour guides, to maintain a physical distance of at least two metres from every other person, except where necessary,

i.  to facilitate payment, or

ii.  for the purposes of health and safety.

2.  Every person on the tour must wear a mask or face covering in a manner that covers their mouth, nose and chin during any period in which they come within two metres of another person, unless they are entitled to any of the exceptions set out in subsection 2 (5) of Schedule 6.

3.  The number of members of the public on the tour must not exceed the number of persons that would permit compliance with paragraph 1 while on the tour, and in any event cannot exceed 10 persons.

4.  Every member of the public who intends to participate in the tour must be actively screened in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they participate in the tour.

5.  The persons on the tour must remain outdoors at all times, except where necessary to use a washroom or as may otherwise be required for the purposes of health and safety.

6.  The tour or guide service must,

i.  record the name and contact information of every patron that participates in the tour,

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.

12. (1) The heading to Schedule 8 to the Regulation is revoked and the following substituted:

SCHEDULE 8
Places that Must Close Or that Are Subject to Conditions At Step 1

(2) Paragraph 5 of subsection 1 (1) of Schedule 8 to the Regulation is revoked.

(3) Paragraph 2 of subsection 2 (1) of Schedule 8 to the Regulation is revoked and the following substituted:

2.  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, or

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

(4) Section 3 of Schedule 8 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 10 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;

(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; or

(e)  to facilitate the operation of a day camp for children described in section 24 of Schedule 7.

(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.

(5) A school or private school may allow persons, other than persons allowed to be at the school or private school under subsection (2), to enter the school or private school temporarily, as necessary,

(a)  to prepare for an end-of-school-year celebration ceremony described in subsection 1 (5) of Schedule 9, if the person is a staff member or student at the school or private school and is required to be indoors for such preparation;

(b)  to use a washroom or as may otherwise be required for the purposes of health and safety while attending the end-of-school-year celebration; or

(c)  to return goods or supplies or retrieve personal belongings.

(5) Section 4 of Schedule 8 to the Regulation is revoked and the following substituted:

Recreational amenities

4. (1) Each person responsible for an indoor or outdoor recreational amenity that is not in compliance with this section, and that is not a facility for indoor or outdoor sports and recreational fitness activities that is permitted to open under section 45 of Schedule 7, must ensure that it is closed.

(2) The following outdoor recreational amenities may open if they are in compliance with subsection (3):

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.

12.  Trails.

13.  Horse riding facilities.

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

15.  Playgrounds.

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

17.  Archery ranges.

18.  Boat and watercraft launches.

19.  Lawn game courts, including lawn bowling, bocce and croquet courts.

20.  Horseshoe pits.

21.  Outdoor pools, splash pads, spray pads, whirlpools, wading pools and water slides.

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

1.  Subject to paragraph 2, 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 who engages in physical exercise in the amenity, including by engaging in a training session, sport or game, must maintain a physical distance of at least three metres from any other person who is using the amenity.

3.  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.

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

5.  Clubhouses on the premises must be closed, except to the extent that they,

i.  are used in conjunction with an outdoor pool, splash pad, spray pad, whirlpool, wading pool or water slide, or

ii.  provide access to equipment storage, a washroom or a portion of the amenity that is used to provide first aid.

(4) Paragraphs 1 and 2 of subsection (3) do not apply in respect of the following persons who enter or use an outdoor recreational amenity:

1.  Parasport participants and their attendants or guides.

2.  Members of a single household.

(5) Paragraphs 1 to 4 of subsection (3) 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) Each person responsible for a boat or watercraft shall ensure that if a group of persons uses that boat or watercraft together for recreational purposes, the members of the group are all members of the same household or one other person from outside that household who lives alone or a caregiver for any member of the household.

(6) Section 5 of Schedule 8 to the Regulation is revoked and the following substituted:

Museums, etc.

5. (1) Subject to subsections (2) and (3), museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions must be closed to members of the public.

(2) An attraction described in subsection (1) may open to provide drive-in or drive-through access to the public if it complies with the conditions set out in section 65 of Schedule 7, subject to any necessary modifications.

(3) An outdoor attraction described in subsection (1) may open if it complies with the following conditions:

1.  The number of members of the public in the attraction must be limited so that the total number of members of the public in the outdoor ticketed area of the attraction at any one time does not exceed 15 per cent capacity, determined by taking the total square metres of outdoor ticketed area accessible to the public in the attraction, dividing that number by 26.67 and rounding the result down to the nearest whole number.

2.  The person responsible for the attraction must post a sign in a conspicuous location visible to the public that states the maximum capacity they are permitted to operate under.

3.  No member of the public may enter a ticketed area of the attraction unless they have made a reservation to do so.

4.  No member of the public may be permitted access to interactive exhibits or exhibits that would create a high risk of personal contact.

5.  No member of the public may be permitted to enter any indoor area of the premises, except,

i.  to access a washroom,

ii.  to access an outdoor area that can only be accessed through an indoor route, or

iii.  as may be necessary for the purposes of health and safety.

6.  No amusement rides or tour vehicles may be operated by the attraction.

13. (1) The heading to Schedule 9 to the Regulation is revoked and the following substituted:

SCHEDULE 9
ORGANIZED PUBLIC EVENTS, CERTAIN GATHERINGS At Step 1

(2) Subsection 1 (1) of Schedule 9 to the Regulation is amended by striking out “or” at the end of clause (c), adding “or” at the end of clause (d) and adding the following clause:

(e)  an outdoor gathering for the purposes of a wedding, a funeral or a religious service, rite or ceremony where the number of persons attending the gathering exceeds the number that can maintain a physical distance of at least two metres from every other person in the space where the gathering is held.

(3) Subsection 1 (4) of Schedule 9 to the Regulation is amended by striking out “clause (1) (d)” at the end and substituting “clauses (1) (d) and (e)”.

(4) Subsection 1 (5) of Schedule 9 to the Regulation is revoked and the following substituted:

(5) Clause (1) (c) does not apply with respect to an outdoor end-of-school-year celebration ceremony held by a school or private school within the meaning of the Education Act that is in compliance with a direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health.

(6) All persons participating in an end-of-school-year celebration ceremony described in subsection (5) must remain outdoors at all times, except as permitted under subsection 3 (5) of Schedule 8.

(5) Section 2 of Schedule 9 to the Regulation is revoked and the following substituted:

Exception, single household, etc.

2. Section 1 does not apply with respect to,

(a)  a gathering of members of a single household;

(b)  a gathering that includes members of a household and one other person from another household who lives alone; or

(c)  a gathering that includes persons described in clause (a) or (b), and a caregiver for any of those persons.

Exception, retirement homes

2.1 Section 1 does not apply with respect to a gathering in a retirement home within the meaning of the Retirement Homes Act, 2010 if it is in compliance with the policies or guidance, if any, issued by the Retirement Homes Regulatory Authority.

(6) Schedule 9 to the Regulation is amended by adding the following section:

Gathering in motor vehicles for religious service, rite or ceremony

4. (1) This section applies with respect to gatherings for the purposes of a wedding, funeral, religious service, rite or ceremony if the persons attending the gathering, other than those conducting the service, rite or ceremony, do so in a motor vehicle.

(2) Clause 1 (1) (e) does not apply to a person who attends a gathering to which this section applies if the person follows all of the following precautions that apply to the person:

1.  Each person attending the gathering, other than the persons conducting the service, rite or ceremony, must remain within a motor vehicle that is designed to be closed to the elements, except,

i.  where necessary to use a washroom, or

ii.  as may otherwise be necessary for the purposes of health and safety.

2.  The driver of a motor vehicle must ensure that it is positioned at least two metres away from other motor vehicles.

3.  A person who ordinarily uses a non-motorized vehicle because of their religious belief and who attends the gathering must remain within their non-motorized vehicle except where necessary to use a washroom or as may otherwise be required for the purposes of health and safety, and paragraph 2 applies with necessary modifications.

14. The Regulation is amended by adding the following Schedule:

Schedule 10
Individuals Eligible for Emergency Child Care

1.  An individual who is,

i.  a regulated health professional, or

ii.  an unregulated health care provider working in health care delivery, either directly or indirectly.

2.  An individual who works for a manufacturer or distributor of pharmaceutical products or medical supplies, including medications, medical isotopes, vaccines, antivirals, medical devices, sanitizers and disinfectants.

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

4.  An individual who works in a pharmacy as defined in the Drug and Pharmacies Regulation Act.

5.  An individual who works in an establishment where goods or services are sold or offered for sale to the public, if a pharmacy as defined in the Drug and Pharmacies Regulation Act is located within the establishment.

6.  A police officer as defined in the Police Services Act.

7.  A special constable appointed pursuant to section 53 of the Police Services Act.

8.  A member of a police force other than a police officer as defined in the Police Services Act.

9.  A First Nations Constable appointed pursuant to section 54 of the Police Services Act or a member of a police service in which policing is delivered by First Nations Constables.

10.  A provincial offences officer as defined in the Provincial Offences Act.

11.  An individual employed by the Ministry of the Attorney General or a municipality in Ontario who is required to work on site to support the administration of the Ontario Court of Justice, the Superior Court of Justice or the Court of Appeal for Ontario, including,

i.  court services representatives, court and client representatives, court clerks, court registrars, court reporters, enforcement officers and any other administrative officers and employees that are considered necessary for the administration of the courts,

ii.  business professionals and Crown prosecutors of the Criminal Law Division, and

iii.  employees of the Victim/Witness Assistance Program.

12.  An individual who provides essential justice-related frontline services to Indigenous persons involved in the justice system and who is employed by an Indigenous community or Indigenous organization through a program funded by the Ministry of the Attorney General or the Ministry of the Solicitor General, including,

i.  the Indigenous Courtwork Program,

ii.  the Indigenous Bail Verification and Supervision Program, or

iii.  the Indigenous Bail Beds Program.

13.  An individual who is engaged in the delivery of frontline victim services funded by the Ministry of the Attorney General under the Ontario Victim Services program.

14.  An individual employed as a firefighter as defined in the Fire Protection and Prevention Act, 1997.

15.  An individual who is,

i.  engaged in providing fire protection services as defined in the Fire Protection and Prevention Act, 1997,

ii.  employed in a fire department as defined in the Fire Protection and Prevention Act, 1997, or

iii.  employed in the Office of the Fire Marshal.

16.  A paramedic as defined in the Ambulance Act.

17.  A coroner as defined in the Coroners Act.

18.  A worker in a correctional institution as defined in the Ministry of Correctional Services Act or an independent contractor who supplies services to correctional institutions, including, but not limited to, employees of Trilcor.

19.  Probation and parole officers as described in the Ministry of Correctional Services Act, institutional liaison officers, court liaison officers, individuals employed as assistant area managers and area managers of staff at probation and parole offices and the administrative and support staff at these offices.

20.  An individual employed in the Institutional Services Division of the Ministry of the Solicitor General, including a person employed in a correctional institution as defined in section 1 of the Ministry of Correctional Services Act.

21.  An individual employed in the Operational Support Division of the Correctional Services Recruitment and Training Centre in the Ministry of the Solicitor General who,

i.  provides facilities or maintenance services, or

ii.  is a Senior Staff Development Officer or Manager of Customized Training.

22.  An employee of Compass Group Canada Ltd. who works at or provides services in relation to the Cook Chill Food Production Centre.

23.  An individual employed in the Ministry of the Solicitor General who performs one or more of the following functions for the Institutional Services Division or Community Services Division:

i.  Performing electronic monitoring services.

ii.  Performing CPIC searches.

iii.  Preparing community supervision orders.

24.  An individual employed in the Ministry of the Solicitor General at the Centre for Forensic Sciences who is involved in supporting and conducting forensic testing and analysis.

25.  An individual employed in the Ministry of the Solicitor General at the Provincial Forensic Pathology Unit.

26.  An individual employed in the Provincial Emergency Operations Centre or at the Ministry of the Solicitor General’s Emergency Operations Centre.

27.  An animal welfare inspector appointed pursuant to the Provincial Animal Welfare Services Act, 2019 or an individual employed by the Ministry of the Solicitor General in the Animal Welfare Services Branch who is directly involved in supporting animal welfare inspectors.

28.  An individual employed in the operation of,

i.  a place of secure custody designated under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, or

ii.  a place of secure temporary detention as defined in subsection 2 (1) of the Child, Youth and Family Services Act, 2017.

29.  Persons, other than foster parents, who deliver or directly support the delivery of residential care, treatment and supervision to children and young persons residing in residential settings licensed under the Child, Youth and Family Services Act, 2017.

30.  An individual employed by a children’s aid society designated under section 34 of the Child, Youth and Family Services Act, 2017 to provide services necessary for the performance of a children’s aid society’s functions, as set out in subsection 35 (1) of that Act.

31.  An individual employed by a service agency as defined in section 1 of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, to provide services and supports, within the meaning of section 4 of that Act, to adults with developmental disabilities.

32.  An individual who is engaged in the delivery of services funded by the Ministry of Children, Community and Social Services under the Violence Against Women Support Services or the Anti-Human Trafficking Community Supports programs.

33.  A staff member of a transfer payment recipient funded by the Ministry of Children, Community and Social Services who is engaged or employed to deliver interpreting or intervenor services for persons who are deaf, deafened, hard of hearing or deafblind.

34.  Persons employed in the Direct Operated Facilities Branch of the Ministry of Children, Community and Social Services.

35.  An individual who performs work that is essential to the delivery of core services in a municipality or First Nation community, as determined by the municipality or First Nation.

36.  An individual who performs work of a critical nature in their service area or community, as determined by the Minister of Education or his delegate in consultation with the relevant service system manager or First Nation as those terms are defined under the Child Care and Early Years Act, 2014.

37.  An individual who works in a child care centre or who otherwise provides child care in accordance with the requirements in this Order.

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

39.  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.

40.  A staff member of a school as defined in the Education Act who provides, or supports the provision of, in-person instruction at a school to pupils with special education needs who cannot be accommodated through remote learning.

41.  A staff member of a school as defined in the Education Act who,

i.  provides or supports the provision of in-person teaching or instruction in a school that is permitted to provide in-person teaching and instruction under this Order, and

ii.  has a child who is enrolled at a school that is not permitted to provide in-person teaching or instruction under this Order and who is not receiving in-person teaching or instruction.

42.  A member of the Canadian Armed Forces or an employee of the Department of National Defence.

43.  All persons employed in the Ministry of Natural Resources and Forestry who are engaged in,

i.  prevention, mitigation, preparedness, response or recovery actions, as applicable, with respect to,

A.  fires as defined in the Forest Fires Prevention Act,

B.  floods,

C.  dam failures, or

D.  emergencies relating to oil and gas exploration or production, hydrocarbon underground storage, and salt solution mining, or

ii.  the provision of support services to Conservation Officers through the operation of the Ministry’s Provincial Communications Unit.

44.  A person who holds a licence issued under section 13 of the Private Security and Investigative Services Act, 2005 to act as a security guard.

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

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

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

48.  An individual who is an inspector appointed under the Food Safety and Quality Act, 2001 or a field-person or officer appointed under the Milk Act.

49.  An individual employed in the Ministry of Labour, Training and Skills Development in Radiation Protection Services.

50.  An individual who is employed by any of the following entities to carry out work that is deemed by the entity to be critical to the ongoing generation, transmission, distribution and storage of electricity, or the ongoing refining, transmission, distribution and storage of gas or other type of hydrocarbon, sufficient to meet the demands of the province of Ontario:

i.  The Independent Electricity System Operator.

ii.  A generator, transmitter or distributor within the meaning of the Electricity Act, 1998.

iii.  A gas distributor or gas transmitter within the meaning of the Ontario Energy Board Act, 1998.

iv.  A distributor as defined in subsection 40 (3) of the Technical Standards and Safety Act, 2000 that is not already described in subparagraph ii or iii.

v.  An oil refinery.

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

i.  a municipal drinking water system as defined in section 2 of the Safe Drinking Water Act, 2002,

ii.  a non-municipal year-round residential system as defined in section 1 of Ontario Regulation 170/03 (Drinking Water Systems) made under the Safe Drinking Water Act, 2002, or

iii.  a wastewater treatment facility or a wastewater collection facility as those terms are defined in section 1 of Ontario Regulation 129/04 (Licensing of Sewage Works Operators) made under the Ontario Water Resources Act and to which that Regulation applies.

52.  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.

53.  An individual employed in a business involved in the collecting, transporting, storing, processing, disposing or recycling of any type of waste.

54.  An employee of a hotel or motel that is acting as an isolation centre, health care centre, vaccine clinic or that is housing essential workers.

55.  An individual working in a homeless shelter or providing services to homeless persons.

56.  An individual who works for a business that processes, manufactures or distributes food or beverages.

57.  An individual who works in a supermarket, grocery store, convenience store, farmer’s market or other store that primarily sells food, other than an establishment described in section 3 of Schedule 7.

58.  An individual who works at a business that produces food, beverages, or agricultural products including plants, including by farming, harvesting, aquaculture, hunting or fishing.

59.  An individual who works at a business that supports the food or agricultural products supply chains.

60.  An individual who is engaged in work that involves driving a Class A or D motor vehicle as described in Ontario Regulation 340/94 (Drivers’ Licences) made under the Highway Traffic Act.

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

62.  An individual who works for a business described in section 40 of Schedule 7.

63.  Members, officers and special constables appointed under the Royal Canadian Mounted Police Act who are working in Ontario.

64.  Officers as defined in the Customs Act (Canada) who are working in Ontario.

65.  Employees of the Canada Post Corporation who are working in Ontario.

Commencement

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

 

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