On November 22, 2020, the Medical Officer of Health for the Regional Municipality of York (“York Region” or the “Region”) issued a Class Order setting out enhanced public health requirements for employers operating meeting and event spaces, shopping malls, and retail stores in the Region, as well as fines for violating them. The Class Order was made pursuant to section 22 of Ontario’s Health Protection and Promotion Act (“HPPA”) and came into effect at 12:01 a.m. on Monday, November 23, 2020.
The Class Order requires employers to comply with all applicable requirements under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (“ROA”) and all further instructions from York Region Public Health pertaining to COVID-19.
Additionally, the Class Order sets out the following enhanced sector-specific requirements:
- employers operating meeting and event spaces
(or businesses which rent or otherwise make available meeting and/or event
spaces) must:
- ensure that all indoor and outdoor gatherings for religious services, weddings, funerals and celebrations of life are limited to a maximum of 50 persons and allow for physical distancing of at least two metres; and
- ensure that all other social gatherings comply with
any applicable gathering limits under the ROA;
- employers operating shopping malls must:
- immediately set a maximum capacity for patrons in the shopping mall that effectively supports physical distancing of at least two metres, actively monitor compliance with the capacity limit at all entrances and ensure that physical distancing is maintained by patrons and staff at all times;
- immediately ensure all stores within the shopping mall set a maximum capacity limit and monitor the capacity limit to ensure physical distancing of at least two metres is maintained by patrons and staff at all times; and
- actively ensure patrons in line-ups or patrons congregating inside or outside the shopping mall maintain physical distancing of least two metres;
- employers operating retail stores must:
- immediately set a maximum capacity for patrons in the retail store that effectively supports physical distancing of at least two metres, actively monitor compliance with the capacity limit at all entrances and ensure that physical distancing of two metres is maintained by patrons and staff at all times.
Any employer that fails to comply with the Class Order may be convicted of an offence under the HPPA and be subject to a fine of not more than $5,000 (for a person) or $25,000 (for a corporation) for every day or part of a day that the violation occurs or continues to occur.
Employers operating in the York Region should keep monitoring new public health instructions as they are issued to ensure compliance with local and sector-specific health and safety requirements. As always, we will continue tracking COVID-19 related measures affecting employers and will post further updates as they become available to keep you In the Know.
This blog is provided as an information service and summary of workplace legal issues.
This information is not intended as legal advice.