On October 22, 2021, Ontario announced its plan to exit the Roadmap to Reopen, which involves gradually lifting all COVID-19 related public health and workplace safety measures by March 28, 2022. This exit plan was introduced under an amendment to the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, and took effect on October 25, 2021.
Although the lifting of restrictions will be guided by the province’s ongoing assessment and monitoring of key public health indicators, such as the identification of any new COVID-19 variants, increases in hospitalizations and ICU occupancy, and rapid increases in transmission of COVID-19, Ontario has proposed the “milestones” set out below.
October 25, 2021
On October 25, 2021, Ontario lifted capacity limits and physical distancing requirements in the vast majority of settings for which proof of vaccination is required for patrons entering the establishment, such as:
- restaurants, bars, and other food and drink establishments;
- indoor areas of sports and recreational facilities, such as gyms and areas where personal physical fitness trainers provide instruction;
- casinos, bingo halls, and other gaming establishments; and
- indoor meeting and event spaces.
Additionally, other settings in which proof of vaccination is not legally required for patrons are now allowed to lift their capacity limits and physical distancing requirements if they choose to enforce proof of vaccination requirements for patrons. These establishments include but are not limited to:
- personal care services (e.g., barber shops, salons, body art);
- indoor areas of museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens, and similar attractions; and
- locations where a wedding, funeral or religious service, rite or ceremony takes place.
Notably, capacity limits have not yet been lifted for settings where people receive medical care, food from grocery stores, and medical supplies.
November 15, 2021
By November 15, 2021, the government plans to lift capacity limits in the remaining higher-risk settings where proof of vaccination is required, including food or drink establishments with dance facilities (e.g., night clubs, wedding receptions in meeting/event spaces where there is dancing, strip clubs), and bathhouses.
January 17, 2022
Provided that there are no concerning COVID-19 trends following the winter holiday months and students’ return to in-class learning, the government plans to gradually lift capacity limits in settings where proof of vaccination is not required beginning on January 17, 2022. The Chief Medical Officer of Health also plans to begin lifting their directives at this time, if appropriate.
Moreover, the government plans to begin gradually lifting proof of vaccination requirements for patrons at this time for establishments such as:
- restaurants, bars, and other food and drink establishments;
- indoor areas of sports and recreational facilities, such as gyms and areas where personal physical fitness trainers provide instruction; and
- casinos, bingo halls, and other gaming establishments.
February 7, 2022
On February 7, 2022, the government intends to lift proof of vaccination requirements in high-risk settings, such as night clubs, strip clubs, and bathhouses.
March 28, 2022
Ontario plans to lift the remaining public health measures and workplace safety measures by March 28, 2022, including wearing face coverings in indoor public settings and proof of vaccination requirements for entering all remaining settings such as meeting and event spaces and sporting events.
Takeaways
Although this announcement is great news for all Ontarians, as it represents a light at the end of the tunnel, it is important to remember that these plans to lift restrictions are subject to public health trends and local public health requirements. As such, employers should bear in mind that the remaining public health and workplace safety measures may not be lifted on the dates outlined above, as planned, and they could even be reimposed later depending on how the pandemic continues to evolve.
On the other hand, the lifting of capacity limits for the majority of settings in which proof of vaccination is required on October 25, 2021 is excellent news for employers who operate such settings, as they can finally resume full operations without capacity limits reducing their revenue. However, it is important to note that certain of these employers may still be subject to capacity limits under regional public health requirements, which should be verified prior to resuming full operations.
Finally, given that capacity limits have now been lifted in certain settings where employers choose to require proof of vaccination for patrons despite it not being legally required, employers operating such settings should consider requiring proof of vaccination so that they can resume operating at full capacity.
This blog is provided as an information service and summary of workplace legal issues.
This information is not intended as legal advice.