O. Reg. 727/21: RULES FOR AREAS AT STEP 3 AND AT THE ROADMAP EXIT STEP
filed October 22, 2021 under Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17
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made under the
Reopening Ontario (A Flexible Response to COVID-19) Act, 2020
Made: October 22, 2021
Filed: October 22, 2021
Published on e-Laws: October 22, 2021
Printed in The Ontario Gazette: November 6, 2021
Amending O. Reg. 364/20
(RULES FOR AREAS AT STEP 3 AND AT THE ROADMAP EXIT STEP)
1. (1) Paragraph 4 and subparagraph 10 ii of subsection 2.1 (2) of Schedule 1 to Ontario Regulation 364/20 are amended by striking out “personal physical fitness trainers” wherever it appears and substituting in each case “facilities where personal physical fitness trainers provide instruction”.
(2) Schedule 1 to the Regulation is amended by adding the following section:
Opt-in re: proof of vaccination, exceptions to capacity limits, etc.
2.2 (1) The person responsible for a place of business or facility listed in subsection (5) may elect to require patrons to provide proof of identification and of being fully vaccinated against COVID-19 in accordance with the requirements set out in section 2.1 of this Schedule as if those requirements applied with respect to the place of business or facility.
(2) An election may be made each day the place of business or facility is open to the public and is in effect for the duration of the day on which it is made.
(3) During the period when an election described in subsection (1) is in effect, the person responsible for the place of business or facility is not required to limit the number of members of the public in the place of business or facility so that the members of the public are able to maintain a physical distance of at least two metres from every other person in the business or facility, despite subsection 3 (1) of this Schedule.
(4) During the period when an election described in subsection (1) is in effect, the person responsible for the place of business or facility shall post signs at all entrances to the premises of the business or facility, in a conspicuous location visible to the public, that inform patrons that proof of vaccination is required in order to enter the premises.
(5) The businesses and facilities mentioned in subsection (1) are the following:
1. Real estate agencies, in respect of open houses hosted by the real estate agency.
2. Businesses that provide personal care services relating to the hair or body, including hair salons and barbershops, manicure and pedicure salons, aesthetician services, piercing services, tanning salons, spas and tattoo studios.
3. Outdoor recreational amenities, in respect of indoor clubhouses.
4. Photography studios and services, in respect of indoor areas.
5. Museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions, in respect of indoor areas.
6. Amusement parks, in respect of indoor areas.
7. Fairs, rural exhibitions, festivals and similar events, in respect of indoor areas.
8. Businesses that provide tour and guide services, including guided hunting trips, tastings and tours for wineries, breweries and distilleries, fishing charters, trail riding tours, walking tours and bicycle tours, in respect of indoor areas.
9. Businesses that provide boat tours, if the business is otherwise permitted to operate under section 30 of Schedule 2.
10. Marinas, boating clubs and other organizations that maintain docking facilities for members or patrons, in respect of indoor areas.
(3) Paragraph 2 of subsection 3 (7) of Schedule 1 to the Regulation is revoked.
(4) Subsection 3 (7) of Schedule 1 to the Regulation is amended by adding the following paragraphs:
6. Restaurants, bars and other food or drink establishments where dance facilities are not provided.
7. Facilities used for sports and recreational fitness activities, including areas for spectators within those facilities, areas where personal physical fitness trainers provide instruction within those facilities, and waterparks.
8. Casinos, bingo halls and other gaming establishments.
(5) Subclause 3.1 (5) (f) (i) of Schedule 1 to the Regulation is revoked and the following substituted:
(i) a meeting or event space,
(6) Subclause 3.1 (5) (f) (ii) of Schedule 1 to the Regulation is revoked.
(7) Clause 3.1 (5) (f) of Schedule 1 to the Regulation is amended by striking out “or” at the end of subclause (iv), by adding “or” at the end of subclause (v) and by adding the following subclauses:
(vi) restaurants, bars and other food or drink establishments where dance facilities are not provided,
(vii) facilities used for sports and recreational fitness activities, including areas for spectators within those facilities, areas where personal physical fitness trainers provide instruction within those facilities, and waterparks,
(viii) casinos, bingo halls and other gaming establishments, or
(ix) a place of business, facility or location in respect of which an election has been made in accordance with section 2.2 of this Schedule or section 7 of Schedule 3 during the period when the election is in effect.
(8) Paragraphs 2, 4 and 5 of subsection 4 (1) of Schedule 1 to the Regulation are revoked.
(9) Subsection 4 (2) of Schedule 1 to the Regulation is amended by striking out “Paragraphs 2, 5, 7 and 8” at the beginning of the portion before clause (a) and substituting “Paragraphs 7 and 8”.
(10) Subsections 4 (3) and (4) of Schedule 1 to the Regulation are revoked.
2. (1) Paragraphs 1 to 3 of subsection 1 (1) of Schedule 2 to the Regulation are revoked.
(2) Subsection 1 (4) of Schedule 2 to the Regulation is amended by striking out the portion before clause (a) and substituting the following:
(4) Paragraph 4 of subsection (1) does not apply,
. . . . .
(3) Subsection 1 (5.1) of Schedule 2 to the Regulation is revoked.
(4) Subsection 1 (8) of Schedule 2 to the Regulation is revoked.
(5) Section 7 of Schedule 2 to the Regulation is amended by adding the following subsection:
(2) Subsection (1) does not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.
(6) Section 8 of Schedule 2 to the Regulation is amended by adding the following subsection:
(1.1) Paragraph 3 of subsection (1) does not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.
(7) Paragraph 1 of subsection 9 (1) of Schedule 2 to the Regulation is revoked.
(8) Subsection 9 (3) of Schedule 2 to the Regulation is revoked.
(9) Paragraphs 1 and 5 of subsection 16 (1) of Schedule 2 to the Regulation are revoked.
(10) Subsection 16 (3) of Schedule 2 to the Regulation is revoked.
(11) Subsection 16 (4) of Schedule 2 to the Regulation is amended by striking out “Paragraphs 1, 3, 4, 6, 7 and 8 of subsection (1), and subsection (3),” at the beginning of the portion before clause (a) and substituting “Paragraphs 3, 4, 6, 7 and 8 of subsection (1)”.
(12) Subsection 16 (6) of Schedule 2 to the Regulation is revoked.
(13) Section 18 of Schedule 2 to the Regulation is amended by adding the following subsection:
(2) Paragraphs 1 and 3 of subsection (1) do not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.
(14) Section 21 of Schedule 2 to the Regulation is amended by adding the following subsection:
(3) Paragraph 2 of subsection (1) and subsection (2) do not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.
(15) Paragraph 6 of subsection 24 (1) of Schedule 2 to the Regulation is revoked and the following substituted:
6. If a concert, event, performance or movie is held at the attraction, the conditions in section 22 apply with respect to the concert, event, performance or movie.
(16) Section 24 of Schedule 2 to the Regulation is amended by adding the following subsection:
(1.1) Paragraphs 1 to 5 and 8 to 11 of subsection (1) do not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.
(17) Paragraph 1 of subsection 25 (1) of Schedule 2 to the Regulation is revoked.
(18) Paragraph 2 of subsection 25 (1) of Schedule 2 to the Regulation is amended by striking out “except that the maximum capacity permitted under section 22 may not be added to the maximum capacity permitted under this section so as to increase the capacity permitted under this section”.
(19) Paragraphs 4.1 and 6 of subsection 25 (1) of Schedule 2 to the Regulation are revoked.
(20) Subsection 27 (1) of Schedule 2 to the Regulation is amended by striking out “and waterparks” in the portion before paragraph 1.
(21) Paragraph 6 of subsection 27 (1) of Schedule 2 to the Regulation is amended by striking out “except that the maximum capacity permitted under section 22 may not be added to the maximum capacity permitted under this section so as to increase the capacity permitted under this section”.
(22) Section 27 of Schedule 2 to the Regulation is amended by adding the following subsections:
(1.1) Paragraphs 1 to 4 and 7 to 9 of subsection (1) do not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.
(1.2) Waterparks may open if they comply with the conditions in paragraphs 5 and 6 of subsection (1).
(23) Paragraph 5 of subsection 28 (1) of Schedule 2 to the Regulation is amended by striking out “except that the maximum capacity permitted under section 22 may not be added to the maximum capacity permitted under this section so as to increase the capacity permitted under this section”.
(24) Section 28 of Schedule 2 to the Regulation is amended by adding the following subsection:
(1.1) Paragraphs 1 to 4, 6 and 8 of subsection (1) do not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.
(25) Section 29 of Schedule 2 to the Regulation is amended by adding the following subsection:
(2) Paragraph 1 of subsection (1) does not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.
(26) Section 30 of Schedule 2 to the Regulation is amended by adding the following subsection:
(2) Paragraphs 1 and 2 of subsection (1) do not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.
3. (1) Section 6 of Schedule 3 to the Regulation is amended by adding the following subsection:
(3) Subsection (2) does not apply in a location in respect of which an election has been made under section 7 of this Schedule during the period when the election is in effect.
(2) Section 7 of Schedule 3 to the Regulation is revoked and the following substituted:
Opt-in re: proof of vaccination, exceptions to capacity limits, etc.
7. (1) The person responsible for a location where a wedding, a funeral or a religious service, rite or ceremony takes place may elect to require attendees to provide proof of identification and of being fully vaccinated against COVID-19 in accordance with the requirements set out in section 2.1 of Schedule 1 as if those requirements applied with respect to the location.
(2) Subsection (1) does not apply with respect to a wedding, a funeral or a religious service, rite or ceremony that takes place at a private dwelling.
(3) An election may be made in respect of any or all weddings, funerals, religious services, rites or ceremonies taking place at the location.
(4) During the period when an election described in subsection (1) is in effect in respect of a wedding, funeral or religious service, rite or ceremony, the person responsible for the location in which the wedding, funeral or religious service, rite or ceremony takes place is not required to limit the number of persons in the room to the number that can maintain a physical distance of at least two metres from every other person in the room, despite paragraph 1 of subsection 6 (2) of this Schedule.
(5) During the period when an election described in subsection (1) is in effect, the person responsible for the location in which the wedding, funeral or religious service, rite or ceremony takes place shall post signs at all entrances to the premises, in a conspicuous location visible to the public, that inform persons that proof of vaccination is required in order to enter the location.
(6) For the purposes of applying the requirements set out in section 2.1 of Schedule 1, a person attending a wedding, a funeral or a religious service, rite or ceremony is considered to be a patron of the location where it takes place.
Commencement
4. This Regulation comes into force on the later of October 25, 2021 and the day this Regulation is filed.