On February 8, 2021, Ontario announced that it is: taking steps to gradually lift the province-wide stay at home order; ending the provincial state of emergency; and revising its COVID-19 Response Framework (the “Framework”). In particular, Ontario will end its declaration of emergency in respect of COVID-19 on February 9, 2021 and gradually transition public health regions to a revised version of the province’s Framework between February 10 and February 22, 2021, subject to review of regional public health trends. Further, new regional stay-at-home orders will continue to operate in most public health regions in the province beyond February 10, 2021, until such regions are cleared to return to the Framework.
We have briefly summarized these changes below. Further details about these changes, including amended legislation, have yet to be released. We will post additional information over the coming hours and days as it becomes available.
End of declaration of emergency
The provincial emergency declared under the Emergency Management and Civil Protection Act [EMCPA] will end on February 9, 2021. However, the government has stated that it will extend most orders currently in force under the EMCPA until February 23, 2021, and it may further extend these orders if necessary.
New regional stay-at-home orders
To allow for a regional approach to the province’s COVID-19 response, the current province-wide stay-at-home order will be replaced by individual stay-at-home orders for each public health region in Ontario, subject to a few exceptions discussed below.
Accordingly, until a public health region is transitioned back to the Framework, stay-at-home measures will continue to apply to it through an individual stay-at-home order.
The government has proposed having stay-at-home orders continue to apply to the Toronto, Peel, and York regions until February 22, 2021. The stay-at-home orders for all other regions in Ontario, except for three, are tentatively scheduled to apply until February 16, 2021. These dates may be subject to change based on further review of trends in public health indicators.
The following three regions will move back to the Prevent (Green) level of the Framework on Wednesday, February 10, 2021 at 12:01 a.m., and will no longer be subject to a stay-at-home order:
- Hastings Prince Edward Public Health;
- Kingston, Frontenac and Lennox & Addington Public Health; and
- Renfrew County and District Health Unit.
Updates to the Framework
The government has updated the Framework to allow for in-person shopping at non-essential retail stores in regions at all levels of the Framework, including Lockdown (Grey), with new and modified public health and safety measures in place.
At all levels of the Framework, businesses and organizations will be required to develop and post a safety plan, screen individuals before they enter their premises in compliance with the advice and recommendations of public health officials, and require individuals to wear a face covering and maintain physical distance of at least two metres, with limited exceptions.
Additionally, stores that are open to the public in regions at the Grey (Lockdown) and Red (Control) levels of the Framework will be subject to the following capacity limits, which must be publicly posted:
- Grey (Lockdown) – retail stores will be limited to 25% capacity, and grocery stores, convenience stores and pharmacies will continue to be limited to 50% capacity.
- Red (Control) – retail stores will be limited to 50% capacity, and grocery stores, convenience stores, and pharmacies will be limited to 75% capacity.
The province will also implement an “emergency brake” measure to allow it to take immediate action in response to sudden spikes in COVID-19 cases in any given region. This will allow the province to immediately move any region from the into Lockdown (Grey) level of the Framework to reduce COVID-19 transmission.
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.