On April 1, 2021, the Ontario government announced that it would impose a province-wide “emergency brake” shutdown beginning on Saturday, April 3, 2021 at 12:01 a.m. due to a surge in COVID-19 case numbers.
The emergency brake shutdown will be in effect for a minimum of four weeks for all 34 health units in Ontario, from April 3, 2021 until at least May 1, 2021.
The government was careful to differentiate the emergency brake shutdown from the previous province-wide lockdown, which was in effect from December 26, 2020 until February 2021. The government has stated that the emergency brake shutdown allows for the operation of a wider range of services and activities, with enhanced public health measures and capacity limits, compared to the more stringent requirements imposed by the previous lockdown.
Rules for the emergency brake shutdown have been established under Ontario Regulation 82/20, Rules for Areas in Stage 1 (the “Regulation”), made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. Key restrictions impacting employers are set out below.
General Public Health and Workplace Safety Measures
General public health measures and workplace safety measures applicable to all businesses and organizations during the emergency brake shutdown include, but are not limited to, the following:
- Public health advice, recommendations and instructions: Employers must comply with the advice, recommendations, and instructions of public health officials. Employers should consult their local public health unit for any additional advice, recommendations, or instructions.
- Work from home where necessary: Each person responsible for a business or organization that is open must ensure that any person who performs work for the business or organization conducts their work remotely, unless the nature of their work requires them to be on-site at the workplace.
- Safety plans: Businesses and organizations that are open must prepare a COVID-19 safety plan, make it available to any person upon request, and post it where it would come to the attention of individuals working in or attending the business.
- Screening: Businesses and organizations must operate in compliance with the advice, recommendations, and instructions issued by the Office of the Chief Medical Officer of Health on screening individuals.
- For patrons: Businesses must implement passive screening for patrons by posting signs at all entrances informing people to screen themselves for COVID-19 before entry.
- For workers: Employers must actively screen all workers or visitors entering the work environment, in accordance with requirements set out in the COVID-19 Screening Tool for Workplaces.
- Personal Protective Equipment (“PPE”): Everyone must wear a mask or face covering that covers their mouth, nose, and chin inside any business or organization that is open (with some exceptions). Workers must wear appropriate PPE that protects their eyes, nose, and mouth, if in the course of providing services they are required to come within 2 metres of another person who is not wearing a mask or face covering, or they are in an indoor area and are not separated by plexiglass or some other impermeable barrier.
- Capacity limits: All businesses and organizations must limit capacity so that every member of the public that enters is able to maintain two metres of physical distancing from every other person. Supermarkets and other stores that primarily sell groceries, convenience stores, and pharmacies must limit the number of people occupying any room that is open to the public to 50% capacity, and all other retail stores must limit capacity to 25%. All businesses and organizations that engage in retail sales to the public must post a sign in a location visible to the public that states their maximum permitted capacity.
- Face coverings: Businesses and organizations must ensure that patrons and workers wear masks or face coverings indoors, with limited exceptions.
- Cleaning and disinfection: Open businesses must ensure that equipment, washrooms, locker rooms, change rooms and showers that are accessible to the public are cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.
- Physical distancing and line management: Businesses must not permit patrons to line up inside, or to line up or congregate outside, unless they maintain a physical distance of at least two metres from others and wear a mask or face covering (with some exceptions).
Businesses Permitted to Open
The Regulation permits certain businesses to open with sector-specific restrictions, including, but not limited to the following:
- Meeting and event spaces: Meeting and event spaces are only permitted to open for child care centres and authorized recreational and skill building programs, court services, government services, mental health and addictions support services (with up to a maximum of 10 people permitted), social services, and collective bargaining (so long as more than ten people are permitted to occupy the rented space). Contact information recording is required, with the exception of court services.
- Supply chain: Businesses are allowed to open if they supply essential support, products, supplies, systems, or services, including processing, packaging, warehousing, distribution, delivery and maintenance.
- Retailers:
- Supermarkets, convenience stories, indoor farmer’s markets and other stores that primarily sell food are permitted to open for curbside pick-up, delivery, and in-person shopping (at 50% capacity).
- Pharmacies are permitted to open for curbside pick-up, delivery, and in-person shopping (at 50% capacity).
- All other retail stores are permitted to for curbside pick-up, delivery, and in-person shopping (at 25% capacity).
- Shopping malls are permitted
to, with the following conditions:
- maximum capacity of 25% per store;
- inside dining spaces must be closed, including food courts;
- music must be low enough for normal conversation to be possible; and
- indoor shopping malls must
actively screen patrons in accordance with the advice, recommendations and
instructions of the Office of the Chief Medical Officer of Health before they
enter.
- Services: Rental and leasing services, fuel suppliers, car washes, laundromats and drycleaners, snow clearing and landscaping services, security services, domestic services (only to support children, seniors or vulnerable persons), vehicle and equipment repair and essential maintenance and vehicle and equipment rental services, funeral and related services, staffing services, veterinary and animal welfare services, and courier, postal, shipping, moving and delivery services are permitted to open.
- Food and drink establishments: Restaurants, bars, food trucks, concession stands, and other food or drink establishments may open only for the purpose of providing take-out, drive-through, or delivery service. Indoor and outdoor dining, including on patios, is prohibited.
- Facilities for sports and recreational fitness activities: Use of indoor or outdoor sports and recreational fitness facilities are prohibited, with very limited exceptions.
- Post-secondary institutions: Post-secondary institutions may open for virtual instruction, with limited exceptions where in-person instruction is required and subject to physical distancing. In-person teaching and in-person examinations cannot exceed ten persons, with limited exemptions.
- Schools: Schools may open only if they are operated in accordance with a return to school direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health, and subject to other conditions.
Businesses Not Permitted to Open
The following types of businesses are not permitted to be open during the emergency brake shutdown:
- amusement parks and water parks;
- bathhouses and sex clubs;
- casinos, bingo halls, and gaming establishments;
- concert venues, theatres, and cinemas (includes drive-in or drive-through events);
- horse racing (open for training only, no races or spectators);
- motorsports;
- museums and cultural amenities;
- personal care services;
- tour and guide services; and
- zoos and aquariums (permitted to operate for the care of animals only).
As always, we will continue tracking new COVID-19 related developments 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.