Scope

The following guidance is suggested for businesses in the construction sector and for principal authorities responsible for the implementation and enforcement of the Building Code Act, 1992 and the Building Code.

Interpretation

The list of essential businesses established under the Emergency Order (O. Reg 82/20) includes specific types of construction activity and circumstances under which construction can proceed. When the Order was amended on May 1, 2020, effective May 4, the list of essential businesses was expanded to include additional construction projects and activities, including construction of schools and municipal projects and construction to prepare a site for an institutional, commercial, industrial or residential development.

While the Order does not explicitly identify whether demolition can proceed as an essential construction activity, references to “construction” in the Order include demolition. This means a demolition project would be considered essential if it relates to a construction project, service or activity that is permitted as an essential business activity under the Order.

Like other essential construction activities, demolition permitted by the Order must still comply with relevant laws. For example, permits for demolition activities may be required under the Building Code Act, 1992 or other legislation.

Examples

Essential activities may include:

  • demolishing a building on land where construction of a new building is permitted as essential by the order, such as a school, a municipal building, a house (if a footing permit was issued on or before April 4), or a health care facility
  • demolishing a building on land as part of preparing a site for an institutional, commercial, industrial or residential development

Relevant sections of closure of places of non-essential businesses regulation

Schedule 1, section 1(1):

Beginning at 11:59 p.m. on Saturday, April 4, 2020, each person responsible for a place of business that is not listed in Schedule 2 shall ensure that the place of business is closed.

Schedule 2, sections 27 - 31:

Construction

27. Construction projects and services associated with the healthcare sector, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space.

28. Construction projects and services required to ensure safe and reliable operations of, or to provide new capacity in, critical provincial infrastructure, including transit, transportation, energy and justice sectors beyond the day-to-day maintenance.

28.1 Construction projects and services that support the operations of, and provide new capacity in, schools, colleges, universities, municipal infrastructure and child care centres within the meaning of the Child Care and Early Years Act, 2014.

29. Critical industrial construction activities required for,

  1. the maintenance and operations of petrochemical plants and refineries
  2. significant industrial petrochemical projects where preliminary work has already commenced,
  3. industrial construction and modifications to existing industrial structures limited solely to work necessary for the production, maintenance, and/or enhancement of Personal Protective Equipment, medical devices (such as ventilators), and other identified products directly related to combatting the Covid-19 pandemic.

29.1 Construction projects that are due to be completed before October 4, 2020 and that would provide additional capacity in the production, processing, manufacturing or distribution of food, beverages or agricultural products.

29.2 Construction projects that were commenced before April 4, 2020, and that would,

  1. provide additional capacity for businesses that provide logistical support, distribution services, warehousing, storage or shipping and delivery services, or
  2. provide additional capacity in the operation and delivery of Information Technology (IT) services or telecommunications services.

30. Residential construction projects where,

  1. a footing permit has been granted for single family, semi-detached and townhomes,
  2. the project is a condominium, mixed use or other residential building, or
  3. the project involves renovations to residential properties and construction work was started before April 4, 2020.

30.1 Construction to prepare a site for an institutional, commercial, industrial or residential development, including any necessary excavation, grading, roads or utilities infrastructure.

31. Construction and maintenance activities necessary to temporarily close construction sites that have paused or are not active and to ensure ongoing public safety.
 

It is important to stress that employers have obligations under schedule 3 of O Reg 82/20. Those obligations include ensuring that the business operates in accordance with all applicable laws, including the Occupational Health and Safety Act and the regulations made under it. A person responsible for a place of business that continues to operate shall also operate the business in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

Workers have the right to refuse work that they believe is unsafe to themselves or another worker. The Occupational Health and Safety Act sets out a specific procedure that must be followed in any work refusal. If health and safety concerns are not resolved internally, a worker can seek enforcement by contacting the Ministry of Labour, Training and Skills Development Health and Safety Contact Centre at 1-877-202-0008 between 8:3 a.m. and 5:00 p.m.

Contact us

If you have any additional questions about the impacts to your construction or demolition business or employment, please call the Stop the Spread Business Information Line at 1-888-444-3659

Disclaimer

The aim and purpose of this Bulletin is to assist individuals and businesses with questions related to the Ontario Government’s mandatory closure of all non-essential businesses. While we aim to provide relevant and timely information, no guarantee can be given as to the accuracy or completeness of any information provided. Bulletins may be updated from time to time, readers should ensure they have the most recent version of this Bulletin. This Bulletin is for informational purposes only and not determinative of the law as only the courts can authoritatively interpret the law. This Bulletin is not intended to nor does it provide legal advice and should not be relied upon or treated as legal advice. Users seeking legal advice should consult with a qualified legal professional. The Government of Ontario cannot prevent litigation of issues arising from the Order, including civil litigation and prosecutions, from taking place before the courts. The Government of Ontario and the people working on its behalf shall not be responsible for any loss or damage of any kind arising directly or indirectly from the use of this Bulletin including, without limitation, reliance on the completeness or accuracy of the information provided.