On November 3, 2020, Ontario released a new framework to guide which public health measures will be imposed in different areas of the province in response to COVID-19 going forward. The framework is intended to allow for quick scaling up and scaling back of measures as needed in response to changes in regional circumstances.
The framework categorizes public health unit regions into five colour-coded levels: “Prevent” (green), “Protect” (yellow), “Restrict” (orange), “Control” (red), and “Lockdown” (grey). Each level involves particular guidance and restrictions that vary in intensity.
To determine the classification of public health unit regions, the government will rely on key indicators such as the number of weekly cases per 100,000 people, the percentage of COVID-19 tests that show a positive result, and the capacity of the public health system, particularly hospitals and ICU units.
The government has proposed the level that will be initially assigned to each public health unit based on data for the week of October 26, 2020, which will be confirmed by November 6, 2020 and become effective on November 7, 2020. These classifications will be reassessed every 28 days.
Measures for the Restrict level, the highest proposed for public health units currently, are notably less stringent than those of the “modified Stage 2” currently implemented in the Ottawa, Peel, York Region, and Toronto public health units, which have been identified as high transmission areas. When these classifications come into effect, public health units at the Restrict level and below may reopen gyms, casinos, movie theatres, and indoor dining at food and drink establishments, subject to limits on capacity and compliance with other restrictions.
Importantly, some measures, such as the required use of workplace screening tools and face coverings at indoor public spaces and indoor workplaces, will be applicable to all levels.
Further details of each level are set out below.
Prevent (Green) — Standard Measures
- At this level, the region is expected to focus on education and awareness of the public health and workplace safety measures in place. The measures largely mirror the broadest allowance of activities in Stage 3.
- Key indicators: Regions would be placed at this level if they have fewer than ten cases per 100,000 people per week and a test positivity rate under one per cent.
- Proposed classifications: Most public health units are proposed to be assigned this level.
Protect (Yellow) — Strengthened Measures
- At this level, the region is expected to implement enhanced targeted enforcement, fines, and education to limit further transmission. Additional public health measures will be applied to high risk settings.
- Key indicators: Regions will be placed at this level if they have ten to 39.9 cases per 100,000 people per week, a test positivity rate of one to 2.5%, and/or repeated outbreaks in multiple settings or an increasing number of large outbreaks.
- Proposed classifications: The Brant County, City of Hamilton, Durham Region, and Halton Region public health units are proposed to be assigned this level.
Restrict (Orange) — Intermediate Measures
- At this level, the region is expected to implement enhanced measures, restrictions, and enforcement while avoiding any closures.
- Key indicators: Regions will be assigned this level if they have 40 to 99.9 cases per 100,000 people per week, a test positivity rate of 2.5 to 9.9%, and/or where capacity of the public health system may be at risk of becoming overwhelmed as hospital and ICU occupancy increase.
- Proposed classifications: The Ottawa, Peel, York Region, Eastern Ontario, and Toronto public health units are proposed to be assigned this level. However, Toronto will be moved to the new system a week later than the other regions, on November 14, 2020.
Control (Red) — Stringent Measures
- At this level, the region is expected to implement broader-scale measures and restrictions across multiple sectors, including closures similar to those implemented in modified Stage 2.
- Key indicators: Regions will be assigned this level if they have 100 or more cases per 100,000 people per week, and a test positivity rate of ten per cent or more.
- Proposed classifications: Currently, no public health units are proposed to be assigned this level.
Lockdown (Grey) — Maximum Measures
- If trends in the region have continued to worsen past the Control stage, the region will move to a full lockdown. At this level, the region is expected to implement wide-scale restrictions, including closures, that mirror measures similar to those in modified Stage 1 or pre-Stage 1. The region may also consider declaring a state of emergency.
- Proposed classifications: Currently, no public health units are proposed to be assigned this level.
Employers should ensure that they remain on the lookout for further announcements regarding the implementation of the framework and applicable public health guidance and restrictions. As always, 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.