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On November 20, 2020, the Ontario government announced that it will move certain public health unit regions to new levels within its COVID-19 Response Framework (“Framework”), including Toronto Public Health and Peel Public Health to Lockdown (Grey), the most stringent level of restrictions in the Framework.

The following public health unit regions will move to the following levels in the Framework on Monday, November 23, 2020 at 12:01 a.m.:

  • Lockdown (Grey):
    • Toronto Public Health, with additional health measures (for more information, see our previous blog post); and
    • Peel Public Health, with additional health measures.
  • Control (Red):
    • Durham Region Health Department; and
    • Region of Waterloo Public Health and Emergency Services.
  • Restrict (Orange):
    • Huron Perth Public Health;
    • Simcoe Muskoka District Health Unit;
    • Southwestern Public Health; and
    • Windsor-Essex County Health Unit.
  • Protect (Yellow):
    • Chatham-Kent Public Health;
    • Eastern Ontario Health Unit;
    • Grey Bruce Health Unit;
    • Kingston, Frontenac and Lennox & Addington Public Health;
    • Peterborough Public Health; and
    • Thunder Bay District Health Unit.

The Ontario government has indicated that these public health units will stay in their level for a minimum of 28 days (or two 14-day COVID-19 incubation periods), at which time the government will assess the impact of the measures to determine if any public health units may be moved to a different level.

The Lockdown (Grey) level entails the most stringent public health measures within the Framework. Toronto and Peel will be the first public health unit regions to enter the level since the Framework was first introduced in early November. During Lockdown, the following public health measures will be implemented, subject to any additional health measures implemented by the public health units:

  • schools, before and after school programs, and child care remain open;
  • retail businesses are permitted to open for curbside pick-up or delivery only, with certain exceptions such as for supermarkets, grocery stores, pharmacies, hardware stores, discount and big box retailers selling groceries, beer, wine and liquor stores, safety supply stores, and convenience stores, which will be allowed to operate at 50 per cent capacity;
  • indoor sports and fitness facilities are required to close, with limited exceptions including child care services provided in community centres and multi-purpose facilities;
  • food and drink establishments may only provide takeout, drive-through and delivery. Indoor and outdoor dining services are prohibited;
  • personal care services are required to close;
  • gaming establishments are required to close;
  • meeting and event spaces are required to close, with limited exceptions;
  • all workplaces should work remotely, where possible; and
  • all businesses and organizations permitted to remain open during the Lockdown are required to develop a COVID-19 workplace safety plan.

In the ever-changing times of the COVID-19 pandemic, employers should ensure that they remain apprised of their public health unit’s classification and the corresponding guidance and restrictions, including any enhanced measures implemented by the public health unit. We will continue monitoring the situation and post further updates as they become available.

This blog is provided as an information service and summary of workplace legal issues.

This information is not intended as legal advice.