O. Reg. 863/21: RULES FOR AREAS AT STEP 3 AND AT THE ROADMAP EXIT STEP
filed December 16, 2021 under Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17Skip to content
ontario regulation 863/21
made under the
Reopening Ontario (A Flexible Response to COVID-19) Act, 2020
Made: December 16, 2021
Filed: December 16, 2021
Published on e-Laws: December 17, 2021
Printed in The Ontario Gazette: January 1, 2022
Amending O. Reg. 364/20
(RULES FOR AREAS AT STEP 3 AND AT THE ROADMAP EXIT STEP)
1. Schedule 1 to Ontario Regulation 364/20 is amended by adding the following section:
Indoor capacity limits for certain businesses or facilities
126.96.36.199 (1) This section applies to the indoor areas of the following businesses or facilities if the business or facility has a maximum occupant load of 1,000 or more persons or a usual seating capacity of 1,000 or more persons:
1. Meeting and event spaces, including conference centres or convention centres, but not including places described in subsection 4 (2) of this Schedule.
2. Facilities used for sports and recreational fitness activities, including, for greater certainty, the indoor areas of facilities where spectators watch events, but only in respect of their indoor spectator areas. This does not include places described in subsection 16 (4) of Schedule 2.
3. Concert venues, theatres and cinemas.
4. Places where commercial film and television production takes place, where there is a studio audience. For the purposes of this section, a member of the studio audience is considered to be a patron of the production.
5. Museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions.
6. Casinos, bingo halls and other gaming establishments.
7. Horse racing tracks, car racing tracks and other similar venues.
8. Amusement parks and waterparks.
9. Fairs, rural exhibitions, festivals and similar events.
(2) The person responsible for a place of business or facility described in subsection (1) shall limit the number of patrons in the indoor areas of the business or facility or, in the case of facilities used for sports and recreational fitness activities, in the indoor spectator areas of the business or facility, to 50 per cent capacity, as determined in accordance with subsection 3 (3) of this Schedule.
(3) The person responsible for a place of business or facility described in subsection (1) must post a sign in a conspicuous location visible to the public that states the maximum capacity they are permitted to operate under or, in the case of facilities used for sports and recreational fitness activities, the maximum capacity of their indoor spectator areas.
(4) If any other provision of this Order imposes a more restrictive limit on the number of persons who may occupy an indoor area described in subsection (1), the more restrictive limit prevails.
(5) For the purposes of this section, the spectator areas of the Rogers Centre in Toronto shall be treated as if they were indoors, regardless of whether the Centre’s retractable roof is open or closed.
(6) The capacity limit set out in subsection (2) does not apply with respect to an area of the business or facility that is being used for a wedding, a funeral or a religious service, rite or ceremony.
(7) For greater certainty, the reference to the maximum occupant load or usual seating capacity of a business or facility in subsection (1) refers to the maximum occupant load or usual seating capacity of the entire business or facility, not the maximum occupant load or usual seating capacity of an individual room or area within the business or facility.