On October 2, 2020, Ontario announced several new public health measures to slow the spread of COVID-19 as the province finds itself in the midst of a second wave of the virus.
The new measures were adopted through the amended order O. Reg 364/20: Rules for Areas in Stage 3, under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. The amendments came into effect on Saturday, October 3 at 12:01 am and will mandate the use of face coverings in all public indoor settings across Ontario, such as businesses, facilities, and workplaces, with some limited exceptions. Formerly, masks were only required in indoor public settings in certain municipalities and regions in Ontario under applicable by-laws and public health directives.
Targeted measures have also been implemented for businesses in Ottawa, Peel, and Toronto, given “higher than average rates of transmission” in the areas. Such measures include:
- introducing requirements and
restrictions for food and drink establishments, such as:
- setting an indoor capacity limit to restrict occupancy to the number of patrons who can maintain a physical distance of at least two metres from every other person, to a maximum of six patrons per table, and a maximum of 100 patrons at an establishment in total;
- requiring operators to ensure that any persons congregating outside of their establishment, including in lineups, maintain physical distancing; and
- requiring operators to collect the name and contact information of each patron, rather than of only one per table;
- restricting the number of people allowed at gyms and other fitness facilities to a maximum of 10 participants per group exercise class and a maximum of 50 people at the facility in total; and
- restricting the number of people allowed at meeting and event facilities (including banquet halls) to six people per table and 50 people per facility.
Note that in the City of Toronto, more stringent requirements regarding patron occupancy at food and drink establishments are already set to come into effect and will take precedence. For example, by-law amendments will come into force on October 8, 2020 which will restrict the number of patrons allowed at Toronto establishments to a maximum of 75 patrons per establishment, and limit the number of people that can sit at a table to 6, whether indoors or outdoors.
Finally, the government has extended the pause on any further reopening of businesses, facilities, and organizations for an additional 28 days, unless already permitted to open under O. Reg 364/20.
Employers should ensure that they remain on the lookout for further announcements regarding new and revised public health orders and guidelines as the government continues responding to increased numbers of COVID-19 infections during the second wave of the pandemic. As always, we will continue monitoring the situation and 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.