O. Reg. 364/20: RULES FOR AREAS AT STEP 3 AND AT THE ROADMAP EXIT STEP

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

ONTARIO REGULATION 364/20

formerly under Emergency Management and Civil Protection Act

Rules for Areas At Step 3 and At the Roadmap Exit Step

Note: This Regulation was revoked on April 27, 2022. (See: O. Reg. 346/22, s. 1)

Last amendment: 346/22.

Legislative History: 415/20, 428/20, 453/20, 456/20, 501/20, 519/20, 529/20, 530/20, 531/20, 546/20, 574/20, 579/20, 588/20, 642/20, 655/20, 687/20, 4/21, 98/21, 105/21, 115/21, 119/21, 147/21, 164/21, 218/21, 223/21, 315/21, 346/21, 520/21, 524/21, 541/21, 577/21, 630/21, 645/21, 659/21, 678/21, 698/21, 710/21, 727/21, 732/21, 780/21, 792/21, 846/21, 863/21, 865/21, 908/21, 911/21, 25/22, 75/22, 99/22, 213/22, 346/22.

This is the English version of a bilingual regulation.

CONTENTS

 

Terms of Order

1. The terms of this Order are set out in Schedules 1 and 4. O. Reg. 541/21, s. 2; O. Reg. 213/22, s. 1.

2. Revoked: O. Reg. 574/20, s. 1.

Application

3. (1) Subject to subsection (3), this Order applies to the areas listed in Schedules 3 and 4 to Ontario Regulation 363/20 made under the Act. O. Reg. 541/21, s. 3; O. Reg. 99/22, s. 1; O. Reg. 213/22, s. 2 (1).

(2) Revoked: O. Reg. 213/22, s. 2 (2).

(3) Schedule 4 applies throughout the areas at the Roadmap Exit Step. O. Reg. 541/21, s. 3; O. Reg. 213/22, s. 2 (3).

3.1 Revoked: O. Reg. 213/22, s. 3.

Roadmap Exit Step

3.2 In this Order, a reference to areas at the Roadmap Exit Step is a reference to all areas listed as being at the Roadmap Exit Step in Schedule 4 to Ontario Regulation 363/20 made under the Act. O. Reg. 541/21, s. 3.

References to this Order

3.3 In Schedule 4, a reference to “this Order” is a reference to Schedule 4. O. Reg. 213/22, s. 4.

4. Revoked: O. Reg. 213/22, s. 5.

5. Revoked: O. Reg. 98/21, s. 2.

Step 3

schedule 1
General Rules at step 3

1., 2. Revoked: O. Reg. 213/22, s. 6 (1).

Fully vaccinated

2.1 A person is fully vaccinated against COVID-19 if,

(a) they have received,

(i) the full series of a COVID-19 vaccine authorized by Health Canada, or any combination of such vaccines,

(ii) one or two doses of a COVID-19 vaccine not authorized by Health Canada, followed by one dose of a COVID-19 mRNA vaccine authorized by Health Canada, or

(iii) three doses of a COVID-19 vaccine not authorized by Health Canada; and

(b) they received their final dose of the COVID-19 vaccine at least 14 days before providing the proof of being fully vaccinated.

2.2, 3. Revoked: O. Reg. 213/22, s. 6 (3).

3.0.0.1 Revoked: O. Reg. 865/21, s. 1 (3).

3.0.1-7. Revoked: O. Reg. 213/22, s. 6 (3).

8. Revoked: O. Reg. 25/22, s. 1 (7).

O. Reg. 364/20, Sched. 1; O. Reg. 415/20, s. 2; O. Reg. 428/20, s. 2; O. Reg. 501/20, s. 1; O. Reg. 530/20, s. 1; O. Reg. 531/20, s. 1; O. Reg. 546/20, s. 2; O. Reg. 574/20, s. 2; O. Reg. 579/20, s. 1; O. Reg. 588/20, s. 1; O. Reg. 642/20, s. 4-7; O. Reg. 655/20, s. 1; O. Reg. 687/20, s. 1; O. Reg. 4/21, s. 1, 2; O. Reg. 98/21, s. 1, 3; O. Reg. 115/21, s. 1; O. Reg. 119/21, s. 1; O. Reg. 147/21, s. 1 (1, 2); O. Reg. 164/21, s. 1; O. Reg. 218/21, s. 1; O. Reg. 223/21, s. 1; O. Reg. 315/21, s. 1; O. Reg. 520/21, s. 5; O. Reg. 541/21, s. 5; O. Reg. 577/21, s. 1; O. Reg. 630/21, s. 1; O. Reg. 645/21, s. 1; O. Reg. 659/21, s. 1; O. Reg. 678/21, s. 1; O. Reg. 698/21, s. 1; O. Reg. 710/21, s. 1; O. Reg. 727/21, s. 1; O. Reg. 732/21, s. 1; O. Reg. 780/21, s. 1; O. Reg. 792/21, s. 1; O. Reg. 846/21, s. 1; O. Reg. 863/21, s. 1; O. Reg. 865/21, s. 1; O. Reg. 25/22, s. 1; O. Reg. 75/22, s. 1; O. Reg. 213/22, s. 6.

SCHEDULES 2, 3 Revoked: O. Reg. 213/22, s. 7.

Roadmap Exit Step

SCHEDULE 4
General Rules At the Roadmap Exit Step

Closures

1. (1) Each person responsible for a business or place, or part of a business or place, that Schedule 5 describes as being permitted to open if certain conditions set out in that Schedule are met shall ensure that the business or place, or part of the business or place, either meets those conditions or is closed.

(2) Each person responsible for a business or place, or part of a business or place, that does not comply with sections 1 to 4 of this Schedule shall ensure that it is closed.

(3) Despite subsections (1) and (2), temporary access to a business or place, or part of a business or place, that is required to be closed is authorized, unless otherwise prohibited by any applicable law, for the purposes of,

(a) performing work at the business or place in order to comply with any applicable law;

(b) preparing the business or place to be reopened;

(c) allowing for inspections, maintenance or repairs to be carried out at the business or place;

(d) allowing for security services to be provided at the business or place; and

(e) attending at the business or place temporarily,

(i) to deal with other critical matters relating to the closure of the business or place, if the critical matters cannot be attended to remotely, or

(ii) to access materials, goods or supplies that may be necessary for the business or place to be operated remotely.

(4) Nothing in this Order precludes a business or organization from operating remotely for the purpose of,

(a) providing goods by mail or other forms of delivery, or making goods available for pick-up; and

(b) providing services online, by telephone or other remote means.

(5) Nothing in this Order precludes operations or delivery of services by the following in Ontario:

1. Any government.

2. Any person or publicly-funded agency or organization that delivers or supports government operations and services, including operations and services of the health care sector.

General compliance

2. (1) The person responsible for a business or organization that is open shall ensure that the business or organization operates in accordance with all applicable laws, including the Occupational Health and Safety Act and the regulations made under it.

(2) The person responsible for a business or organization that is open shall operate the business or organization in compliance with any advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health, including any advice, recommendations and instructions,

(a) on physical distancing, cleaning or disinfecting;

(b) requiring the business or organization to establish, implement and ensure compliance with a COVID-19 vaccination policy; or

(c) setting out the precautions and procedures that the business or organization must include in its COVID-19 vaccination policy.

(d) Revoked: O. Reg. 213/22, s. 8 (1).

(2.1), (2.2) Revoked: O. Reg. 99/22, s. 2 (2).

(3) The person responsible for a business or organization that is open shall operate the business or organization in compliance with any advice, recommendations and instructions issued by a local public health official under the Act before February 25, 2022, other than advice, recommendations and instructions described in clause (2) (b) or (c).

(4) The person responsible for a business or organization described in subsection (4.1) that is open shall ensure that any person in the indoor area of the premises of the business or organization, or in a vehicle that is operating as part of the business or organization, wears a mask or face covering in a manner that covers their mouth, nose and chin during any period when they are in the indoor area unless subsection (5) applies to the person in the indoor area.

(4.1) The businesses and organizations mentioned in subsection (4) are the following:

1. Businesses, organizations, municipalities or local boards that operate a public transit service, but only in respect of the indoor premises and vehicles used for the operation of the public transit service.

2. Businesses or organizations that provide bus passenger transportation service within or between municipalities for compensation, but only in respect of the indoor premises and vehicles used for the operation of the bus passenger transportation service. This paragraph does not apply to businesses or organizations that provide sightseeing or touring services.

3. Hospitals within the meaning of the Public Hospitals Act, private hospitals within the meaning of the Private Hospitals Act, psychiatric facilities within the meaning of the Mental Health Act and independent health facilities within the meaning of the Independent Health Facilities Act.

4. Long-term care homes within the meaning of the Long-Term Care Homes Act, 2007.

Note: On the later of March 21, 2022 and the day section 204 of Schedule 1 (Fixing Long-Term Care Act, 2021) to the Providing More Care, Protecting Seniors, and Building More Beds Act, 2021 comes into force, paragraph 4 of subsection 2 (4.1) of Schedule 4 to the Regulation is amended by striking out “Long-Term Care Homes Act, 2007” at the end and substituting “Fixing Long-Term Care Act, 2021”. (See: O. Reg. 213/22, s. 8 (3))

5. Retirement homes within the meaning of the Retirement Homes Act, 2010.

6. Clinics that provide health care services.

7. Service agencies as defined under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 that provide,

i. residential services and supports to adults with developmental disabilities who reside in supported group living residences or intensive support residences, as defined in that Act, or

ii. specialized residential accommodation pursuant to an agreement with the Ministry of Children, Community and Social Services, other than specialized accommodation services that support residential living outside of group living arrangements operated by the service agency.

8. Transfer payment recipients funded by the Ministry of Children, Community and Social Services that provide residential or emergency residential services under the Violence Against Women Support Services program or the Anti-Human Trafficking Community Supports program.

9. Transfer payment recipients funded by the Ministry of Children, Community and Social Services that provide intervenor services for persons who are deafblind in a residential setting.

10. Licensees operating a children’s residence within the meaning of Part IX of the Child, Youth and Family Services Act, 2017.

11. Licensees to which section 117 of Ontario Regulation 156/18 (General Matters Under the Authority of the Minister) made under the Child, Youth and Family Services Act, 2017 applies.

12. Businesses or organizations that provide residential care, within the meaning of the Child, Youth and Family Services Act, 2017, and that are not required to be licensed under Part IX of that Act, during any period when a child is placed with the business or organization by a service provider within the meaning of that Act.

13. Transfer payment recipients that receive funding from the Ministry of Children, Community and Social Services to provide residential services under the Indigenous Healing and Wellness Strategy.

14. Children’s treatment centres that receive funding under the Child Youth and Family Services Act, 2017 to deliver rehabilitation services for children and youth with special needs.

15. Laboratories and specimen collection centres as defined in section 5 of the Laboratory and Specimen Collection Centre Licensing Act.

16. Businesses or organizations that operate a shelter for persons experiencing homelessness, in respect of the premises used for the operation of the shelter.

17. Congregate care supportive housing residences where the residents share facilities for living, dining, sleeping or bathing and that receive funding from,

i. the Ministry of Municipal Affairs and Housing,

ii. the Ministry of Health,

iii. Ontario Health,

iv. a service manager designated under the Housing Services Act, 2011,

v. the Ontario Aboriginal Housing Support Services Corporation, or

vi. the Miziwe Biik Development Corporation.

(4.2) Service providers within the meaning of the Home Care and Community Services Act, 1994 and local health integration networks within the meaning of the Local Health System Integration Act, 2006 shall ensure that any employee or other person providing a service to an individual in an indoor area or a vehicle wears a mask or face covering in a manner that covers their mouth, nose and chin while they are providing the service, unless subsection (5) applies to the person in the indoor area.

(5) Where there is any requirement under this Order that a person wear a mask or face covering, the requirement does not apply to a person who,

(a) is a child who is younger than two years of age;

(b)-(d) Revoked: O. Reg. 213/22, s. 8 (4).

(e) is receiving residential services and supports in a residence listed in the definition of “residential services and supports” in subsection 4 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008;

(f) is in a correctional institution or in a custody and detention program for young persons in conflict with the law;

(g) Revoked: O. Reg. 213/22, s. 8 (4).

(h) has a medical condition that inhibits their ability to wear a mask or face covering;

(i) is unable to put on or remove their mask or face covering without the assistance of another person;

(j) needs to temporarily remove their mask or face covering while in the indoor area,

(i) to receive services that require the removal of their mask or face covering,

(ii) to engage in an athletic or fitness activity,

(iii) to consume food or drink, or

(iv) as may be necessary for the purposes of health and safety;

(k) is being accommodated in accordance with the Accessibility for Ontarians with Disabilities Act, 2005;

(l) is being reasonably accommodated in accordance with the Human Rights Code; or

(m) performs work for the business or organization, is in an area that is not accessible to members of the public and is able to maintain a physical distance of at least two metres from every other person while in the indoor area.

(n) Revoked: O. Reg. 213/22, s. 8 (5).

(6) Subsection (4) does not apply with respect to premises that are used as a dwelling if the person responsible for the business or organization ensures that persons in the premises who are not entitled to an exception set out in subsection (5) wear a mask or face covering in a manner that covers their mouth, nose and chin in any common areas of the premises in which persons are unable to maintain a physical distance of at least two metres from other persons.

(7) Revoked: O. Reg. 99/22, s. 2 (3).

(8) For greater certainty, it is not necessary for a person to present evidence to the person responsible for a business or place that they are entitled to any of the exceptions set out in subsection (5).

(9) Revoked: O. Reg. 99/22, s. 2 (3).

(10) Where directives, policies or guidance that apply to a long-term care home within the meaning of the Long-Term Care Homes Act, 2007 are issued by the Office of the Chief Medical Officer of Health, the Minister of Long-Term Care or the Ministry of Long-Term Care, such directives, policies or guidance apply despite anything in this Order.

Requirements that apply to individuals

3. (1) Every person on the premises of a business or organization described in subsection 2 (4.1) shall wear a mask or face covering in a manner that covers their mouth, nose and chin during any period in which they are in an indoor area of the premises.

(2) Subsection (1) does not require a person to wear a mask or face covering if they are subject to an exception set out in subsection 2 (5).

4. Revoked: O. Reg. 213/22, s. 8 (7).

5. Revoked: O. Reg. 99/22, s. 2 (5).

O. Reg. 541/21, s. 8; O. Reg. 577/21, s. 2; O. Reg. 99/22, s. 2; O. Reg. 213/22, s. 8 (1, 2, 4-7).

SCHEDULE 5 Revoked: O. Reg. 213/22, s. 9.

 

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