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O. Reg. 414/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - STAGE 2 CLOSURES

filed July 15, 2020 under Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9

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ontario regulation 414/20

made under the

Emergency Management and Civil Protection Act

Made: July 15, 2020 (5:55 pm)
Filed: July 15, 2020
Published on e-Laws: July 16, 2020
Printed in The Ontario Gazette: August 1, 2020

Amending O. Reg. 263/20

(ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - STAGE 2 CLOSURES)

1. The title to Ontario Regulation 263/20 is revoked and the following substituted:

Rules for Areas in Stage 2

2. The Regulation is amended by striking out the portion before Schedule 1.

3. The Regulation is amended by adding the following before Schedule 1:

Terms of Order

1. The terms of this Order are set out in Schedules 1, 2, 3 and 4.

Effective date

2. The amendments made by sections 2 to 20 of Ontario Regulation 414/20 take effect at 12:01 a.m. on July 17, 2020.

Application

3. This Order applies to the areas listed in Schedule 2 to Ontario Regulation 363/20 (Stages of Reopening).

4. Schedule 1 to the Regulation is revoked and the following substituted:

Schedule 1
Businesses and Places

Closures

1. (1) Each person responsible for a business or place, or part of a business or place, that is required to be closed by Schedule 2 shall ensure that the business or place, or part of the business or place, is closed in accordance with that Schedule.

(2) Each person responsible for a business or place, or part of a business or place, that Schedule 2 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.

(3) Each person responsible for a business or place, or part of a business or place, that does not comply with sections 3 and 4 of this Schedule shall ensure that it is closed.

(4) Despite subsections (1), (2) and (3), temporary access to a business or place, or part of a business or place, that is required to be closed by Schedule 2 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.

(5) 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.

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 the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

Capacity limits for businesses or facilities open to the public

3. (1) The person responsible for a place of business or facility that is open to the public shall limit the number of persons in the place of business or facility so that every member of the public is able to maintain a physical distance of at least two metres from every other person in the business or facility, except where Schedule 2 allows persons to be closer together.

(2) For greater certainty, subsection (1) does not require persons who are in compliance with public health guidance on households and social circles to maintain a physical distance of at least two metres from each other while in a place of business or facility.

Meeting or event space

4. (1) The person responsible for a business or place that is open may only rent out meeting or event space if the total number of members of the public permitted to be in the business or place in its rentable meeting or event space at any one time is limited to the number that can maintain a physical distance of at least two metres from every other person in the business or place, and in any event is not permitted to exceed 10 persons.

(2) Subsection (1) does not apply to the rental of meeting or event space for a wedding, funeral, service, rite or ceremony that is authorized under section 4, 5 or 6 of Schedule 3.

(3) Subsection (1) does not apply to the rental of meeting or event space that is in compliance with a plan for the rental of meeting or event space approved by the Office of the Chief Medical Officer of Health.

Cleaning requirements

5. (1) The person responsible for a business or place that is open shall ensure that,

(a) any washrooms, locker rooms, change rooms, showers or similar amenities made available to the public are cleaned and disinfected as frequently as is necessary to maintain a sanitary condition; and

(b) any equipment that is rented to, provided to or provided for the use of members of the public is cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.

(2) For greater certainty, clause (1) (b) applies to computers, electronics and other machines or devices that members of the public are permitted to operate.

NHL hub

6. (1) In this section,

“NHL” means the National Hockey League; (“LNH”)

“NHL hub” means the businesses and places referred to in clause (3) (a); (“bulle de la LNH”)

“NHL hub participant” means a person who has been specified as a participant in the NHL hub in the professional sports plan for the NHL; (“participant à la bulle de la LNH”)

“professional sports plan for the NHL” means the professional sports plan for the NHL approved by the Office of the Chief Medical Officer of Health. (“plan de sports professionnels applicable à la LNH”)

(2) The Office of the Chief Medical Officer of Health may approve a professional sports plan for the NHL.

(3) The professional sports plan for the NHL shall list,

(a) the businesses and places in the City of Toronto that constitute the NHL hub and that may be used by NHL hub participants in connection with the 2020 NHL playoff tournament, which may include,

(i) hotels,

(ii) facilities for indoor or outdoor sports and recreational fitness activities,

(iii) businesses or places that are in hotels or facilities mentioned in subclause (i) or (ii), and

(iv) restaurants or bars that are adjacent to hotels or facilities mentioned in subclause (i) or (ii); and

(b) persons who are NHL hub participants.

(4) A business or place that constitutes part of the NHL hub may open for use by NHL hub participants if the business or place complies with the following conditions:

1. The business or place must operate in accordance with the professional sports plan for the NHL.

2. No spectators may be permitted at the business or place.

3. Any part of the business or place used by NHL hub participants must be closed to members of the public who are not NHL hub participants.

4. The business or place must ensure that subsections (6) and (7), as applicable, are complied with on the premises of the business or place.

(5) The following provisions do not apply to the provision of goods or services to an NHL hub participant when they are provided within the NHL hub:

1. Sections 3 and 4 of this Schedule.

2. Sections 4, 13, 14 and 19 of Schedule 2.

3. Section 7 of Schedule 2, but only in respect of personal physical fitness or sports trainers.

4. Clauses 1 (1) (a) and (b) of Schedule 3.

(6) Section 1 of Schedule 2 does not apply to any part of a restaurant, bar, concession stand or other food or drink establishment that provides food, drink or services to NHL hub participants when they are provided within the NHL hub, but the establishment must operate in accordance with the conditions set out in section 1 of Schedule 2 to Ontario Regulation 364/20 (Rules for Areas in Stage 3).

(7) Section 6 of Schedule 2 does not apply to the provision of personal care services to NHL hub participants when they are provided within the NHL hub by a personal care services business, but the business must operate in accordance with the conditions set out in section 4 of Schedule 2 to Ontario Regulation 364/20 (Rules for Areas in Stage 3).

(8) Clauses 1 (1) (a) and (b) of Schedule 3 do not apply to NHL hub participants in the NHL hub.

(9) A business or place that constitutes part of the NHL hub shall not provide goods or services to members of the public who are not NHL hub participants unless,

(a) the business or place is permitted to do so by the professional sports plan for the NHL;

(b) the business or place provides the goods or services in accordance with the professional sports plan for the NHL; and

(c) the business or place complies with any other applicable requirements or conditions in this Order.

MLB hub

7. (1) In this section,

“MLB” means Major League Baseball; (“MLB”)

“MLB hub” means the businesses and places referred to in clause (3) (a); (“bulle de la MLB”)

“MLB hub participant” means a person who has been specified as a participant in the MLB hub in the professional sports plan for the MLB; (“participant à la bulle de la MLB”)

“professional sports plan for the MLB” means the professional sports plan for the MLB approved by the Office of the Chief Medical Officer of Health. (“plan de sports professionnels applicable à la MLB”)

(2) The Office of the Chief Medical Officer of Health may approve a professional sports plan for the MLB.

(3) The professional sports plan for the MLB shall list,

(a) the businesses and places in the City of Toronto that constitute the MLB hub and that may be used by MLB hub participants in connection with the 2020 MLB season, which may include,

(i) hotels,

(ii) facilities for indoor or outdoor sports and recreational fitness activities,

(iii) businesses or places that are in hotels or facilities mentioned in subclause (i) or (ii), and

(iv) restaurants or bars that are adjacent to hotels or facilities mentioned in subclause (i) or (ii); and

(b) persons who are MLB hub participants.

(4) A business or place that constitutes part of the MLB hub may open for use by MLB hub participants if the business or place complies with the following conditions:

1. The business or place must operate in accordance with the professional sports plan for the MLB.

2. No spectators may be permitted at the business or place.

3. Any part of the business or place used by MLB hub participants must be closed to members of the public who are not MLB hub participants.

4. The business or place must ensure that subsections (6) and (7), as applicable, are complied with on the premises of the business or place.

(5) The following provisions do not apply to the provision of goods or services to an MLB hub participant when they are provided within the MLB hub:

1. Sections 3 and 4 of this Schedule.

2. Sections 4, 13, 14 and 19 of Schedule 2.

3. Section 7 of Schedule 2, but only in respect of personal physical fitness or sports trainers.

4. Clauses 1 (1) (a) and (b) of Schedule 3.

(6) Section 1 of Schedule 2 does not apply to any part of a restaurant, bar, concession stand or other food or drink establishment that provides food, drink or services to MLB hub participants when they are provided within the MLB hub, but the establishment must operate in accordance with the conditions set out in section 1 of Schedule 2 to Ontario Regulation 364/20 (Rules for Areas in Stage 3).

(7) Section 6 of Schedule 2 does not apply to the provision of personal care services to MLB hub participants when they are provided within the MLB hub by a personal care services business, but the business must operate in accordance with the conditions set out in section 4 of Schedule 2 to Ontario Regulation 364/20 (Rules for Areas in Stage 3).

(8) Clauses 1 (1) (a) and (b) of Schedule 3 do not apply to MLB hub participants in the MLB hub.

(9) A business or place that constitutes part of the MLB hub shall not provide goods or services to members of the public who are not MLB hub participants unless,

(a) the business or place is permitted to do so by the professional sports plan for the MLB;

(b) the business or place provides the goods or services in accordance with the professional sports plan for the MLB; and

(c) the business or place complies with any other applicable requirements or conditions in this Order.

5. The heading to Schedule 2 to the Regulation is revoked and the following substituted:

Schedule 2
Specific Rules

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

Restaurants, bars, etc.

1. (1) Restaurants, bars, food trucks, concession stands and other food or drink establishments may open if they comply with the following conditions:

1. Patrons must be served through take-out, drive-through or delivery service or at an outdoor dining area that meets the following conditions:

i. The outdoor dining area must be in or adjacent to the place of business.

ii. No buffet-style service may be provided.

iii. Patrons must be seated when eating or drinking at the establishment.

iv. The outdoor dining area must be configured so that patrons seated at different tables are separated by,

A. a distance of at least two metres, or

B. plexiglass or some other impermeable barrier.

v. If the outdoor dining area is covered by a roof, canopy, tent, awning or other element, at least two full sides of the outdoor dining area must be open to the outdoors and must not be substantially blocked by any walls or other impermeable physical barriers.

vi. If the outdoor dining area is equipped with a retractable roof and the roof is retracted, at least one full side of the outdoor dining area must be open to the outdoors and must not be substantially blocked by any walls or other impermeable physical barriers.

2. Public access to any indoor portions of the establishment must be limited to food pickup, payment, washroom access, access required to get to the outdoor dining area or access that is otherwise required for the purposes of health and safety.

3. Dancing, singing and the live performance of brass or wind instruments are prohibited at the establishment.

(2) For greater certainty, a restaurant, bar, food truck, concession stand or other food or drink establishment that is in compliance with the conditions set out in subsection (1) may open in any business or place that is otherwise permitted to open under this Order.

7. Paragraph 1 of section 10 of Schedule 2 to the Regulation is revoked.

8. Section 11 of Schedule 2 to the Regulation is revoked and the following substituted:

Post-secondary institutions

11. An area in a university, college of applied arts and technology, private career college or other post-secondary institution that is used for in-person teaching and instruction may open for the purpose of in-person teaching and instruction for students who,

(a) are enrolled in the institution; and

(b) would be eligible to graduate if they complete components of their program that can only be delivered through the in-person teaching and instruction.

9. Schedule 2 to the Regulation is amended by adding the following section immediately before the heading “Sports and fitness”:

Driving instruction

12.1 Businesses that provide driving instruction in a motor vehicle may open if they comply with the following conditions:

1. Only one student may be in the motor vehicle.

2. Only one driving instructor may be in the vehicle, unless the type of instruction requires more than one driving instructor to be present.

3. Every person in the motor vehicle must wear face covering at all times.

4. The motor vehicle must be cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.

10. (1) Paragraph 4 of subsection 13 (2) of Schedule 2 to the Regulation is amended by striking out “rented or provided to” and substituting “rented to, provided to or provided for the use of”.

(2) Paragraph 3 of subsection 13 (4) of Schedule 2 to the Regulation is amended by striking out “rented or provided to” and substituting “rented to, provided to or provided for the use of”.

(3) Paragraph 7 of subsection 13 (6) of Schedule 2 to the Regulation is amended by striking out “rented or provided to” and substituting “rented to, provided to or provided for the use of”.

11. Paragraph 5 of subsection 14 (2) of Schedule 2 to the Regulation is amended by striking out “rented or provided to” and substituting “rented to, provided to or provided for the use of”.

12. Section 15 of Schedule 2 to the Regulation is revoked and the following substituted:

Camps for children

15. (1) Day camps for children may open if they operate in a manner consistent with the safety guidelines for COVID-19 for summer day camps produced by the Office of the Chief Medical Officer of Health.

(2) Camps that provide supervised overnight accommodation for children are closed.

13. (1) Subsection 18 (3) of Schedule 2 to the Regulation is amended by striking out “Concerts, theatrical productions, performances and artistic events” at the beginning and substituting “Concerts, artistic events, theatrical performances and other performances”.

(2) Subsection 18 (4) of Schedule 2 to the Regulation is amended by striking out “concert, theatrical production, performance or artistic event” wherever it appears and substituting in each case “concert, event or performance”.

(3) Paragraph 4 of subsection 18 (4) of Schedule 2 to the Regulation is revoked.

14. Paragraph 1 of subsection 19 (1) of Schedule 2 to the Regulation is revoked.

15. Section 20 of Schedule 2 to the Regulation is revoked and the following substituted:

Casinos, bingo halls and gaming establishments

20. Casinos, bingo halls and other gaming establishments are closed.

16. Section 21 of Schedule 2 to the Regulation is revoked and the following substituted:

Racing venues

21. Horse racing tracks, car racing tracks and other similar venues are closed to spectators.

17. Schedule 2 to the Regulation is amended by adding the following section:

Nightclubs

22.1 Nightclubs are closed, except for the purpose of serving food or beverages to patrons in accordance with section 1.

18. Subparagraph 3 i of section 25 of Schedule 2 to the Regulation is amended by striking out “section 5 of Schedule 1” and substituting “section 4 of Schedule 1”.

19. Subparagraph 3 i of section 26 of Schedule 2 to the Regulation is amended by striking out “section 5 of Schedule 1” and substituting “section 4 of Schedule 1”.

20. The Regulation is amended by adding the following Schedules:

SCHEDULE 3
Organized Public Events, Certain Gatherings

Gatherings, Stage 2 areas

1. (1) Subject to sections 2 to 6, no person shall attend,

(a) an organized public event of more than 10 people;

(b) a social gathering of more than 10 people, including a social gathering associated with a gathering described in clause (c); or

(c) a gathering of more than 10 people for the purposes of a wedding, a funeral or a religious service, rite or ceremony.

(2) For greater certainty, subsection (1) applies with respect to an organized public event or social gathering even if it is held at a private dwelling.

Exception, members of single household

2. Section 1 does not apply with respect to a gathering of members of a single household.

Exception, attendance at business

3. (1) The prohibition on gatherings in clause 1 (1) (a) does not apply with respect to attendance at a place of business for a purpose related to providing or receiving the goods or services provided by the business if the business is not required to close under this Order.

(2) The prohibition on gatherings in clause 1 (1) (a) does not apply with respect to attendance at an event that is organized by a business or organization if the event is permitted under the following provisions of Schedule 2 and is conducted in compliance with the conditions imposed in respect of the event under Schedule 2:

1. Section 11 or 15 or subsection 18 (2) or (3).

2. Subsection 13 (5), but only if the event is in relation to an amateur or professional athletic competition.

Indoor wedding, funeral or religious service, rite or ceremony

4. (1) This section applies with respect to gatherings for the purposes of a wedding, a funeral or a religious service, rite or ceremony if the gathering is held in a building or structure other than a private dwelling.

(2) Clause 1 (1) (c) does not apply to a person who attends a gathering to which this section applies if the following conditions are met:

1. The persons conducting the wedding, funeral, service, rite or ceremony must ensure that the number of persons occupying any room in the building or structure while attending the gathering does not exceed 30 per cent of the capacity of the particular room.

2. All persons attending the gathering must comply with public health guidance on physical distancing.

3. The persons conducting the wedding, funeral, service, rite or ceremony must ensure that it is conducted in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

4. The person responsible for the place where the wedding, funeral, service, rite or ceremony is held must ensure that any washrooms that have been made available to persons attending the gathering are cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.

Outdoor wedding, funeral or religious service, rite or ceremony

5. (1) This section applies with respect to outdoor gatherings for the purposes of a wedding, a funeral or a religious service, rite or ceremony.

(2) Clause 1 (1) (c) does not apply to a person who attends a gathering to which this section applies if the following conditions are met:

1. The persons conducting the wedding, funeral, service, rite or ceremony must ensure that no more than 50 people are in attendance.

2. All persons attending the gathering must comply with public health guidance on physical distancing.

3. The persons conducting the wedding, funeral, service, rite or ceremony must ensure that it is conducted in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

4. The person responsible for the place where the wedding, funeral, service, rite or ceremony is held must ensure that any washrooms that have been made available to persons attending the gathering are cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.

Gathering in motor vehicles for religious service, rite or ceremony

6. (1) This section applies with respect to gatherings for the purposes of a 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) (c) 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. The persons conducting the service, rite or ceremony must ensure that it is conducted in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

4. 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 health and safety, and paragraph 2 applies with necessary modifications.

5. The person responsible for the place where the service, rite or ceremony is held must ensure that any washrooms that have been made available to persons attending the gathering are cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.

SCHEDULE 4
CLOSURE OF OUTDOOR RECREATIONAL AMENITIES

Interpretation, “outdoor sports amenities”

1. In this Schedule,

“outdoor sports amenities” means outdoor sports facilities and multi-use fields, including baseball diamonds, soccer fields, frisbee golf locations, tennis, platform tennis, table tennis and pickleball courts, basketball courts, BMX parks and skate parks.

Closures, Stage 2 areas

2. (1) The facilities to which this Schedule applies must be closed.

(2) No person shall enter or use a facility to which this Schedule applies except for maintenance, safety, law enforcement or other similar purpose.

(3) For greater certainty, nothing in this Schedule precludes individuals from walking through or using portions of park and recreational areas that are not otherwise closed and that do not contain a facility to which this Schedule applies, other than a communal facility that is intended to be used by persons using outdoor sports amenities and to which this Schedule applies.

Facilities closed

3. This Schedule applies to the following facilities that are intended for use by more than one household:

1. All outdoor playgrounds, play structures and equipment.

2. All outdoor whirlpools and outdoor water slides.

3. All communal facilities intended to be used by persons using outdoor sports amenities, with the exception of those that may open under this Order.

4. All portions of park and recreational areas containing outdoor fitness equipment.

Physical distancing

4. Any person who uses any of the following facilities shall ensure that they maintain a physical distance of at least two metres from any other person who is also using the facility:

1. Outdoor sports amenities.

2. Off-leash dog areas.

3. Picnic sites, benches or shelters in parks or recreational areas.

 

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