Here Are The Full Legal Regulations For Ontario’s Changes To Recreation, Construction, Marinas, Store Capacity, Churches

Saturday April 17th, 2021, 12:59pm

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The Ontario government has released the legal amendment to regulations behind the enhanced public health measures and changes to the Stay at Home Order announced Friday that restrict construction, recreation, marinas, store capacity and religious ceremonies throughout the province.

The regulations are in the form of an amendment to the Reopening Ontario Act and amend Ontario Regulation 82/20 (Rules for areas in Stage 1).

Here’s what’s changed:

1. (1) Section 2 of Schedule 2 to Ontario Regulation 82/20 is amended by adding the following subsection:
(1.1) A business described in subsection (1) may open only if they limit the number of persons in the place of business so that the total number of persons in the place of business at any one time does not exceed 25 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.
(2) Subsection 3 (1) of Schedule 2 to the Regulation is amended by adding the following paragraph:
4. They must limit the number of persons in the place of business so that the total number of persons in the place of business at any one time does not exceed 25 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.
(3) Section 10 of Schedule 2 to the Regulation is amended by adding the following paragraph:
6. They must limit the number of persons in the place of business so that the total number of persons in the place of business at any one time does not exceed 25 per cent capacity, as determined in accordance with subsection 3 (3) of Schedule 1.
(4) Section 22 of Schedule 2 to the Regulation is amended by adding the following subsection:
(2) For greater certainty, nothing in this Order precludes a person responsible for a boarding kennel or stable from allowing an animal’s owner or their representative to visit the animal, assist in the care or feeding of the animal or, as applicable, ride the animal.
(5) Section 37 of Schedule 2 to the Regulation is revoked and the following substituted:
Marinas
37. (1) Marinas that meet the conditions set out in this section.
(2) Subject to subsection (4), only the following services may be provided:
1. Repairing or servicing boats or other watercraft.
2. Placing boats or other watercraft in the water to be secured to a dock until the marina is open to the public.
3. Any other services that may be required to,
i. enable individuals to access their place of residence or their other property,
ii. support government operations or services, or
iii. support the transportation of items by commercial barges.
(3) For greater certainty, the person who operates the marina shall not permit it to be used for recreational boating purposes except as described in paragraphs 1 and 2 of subsection (2).
(4) For greater certainty, nothing in this Order precludes a person responsible for a marina that maintains docking facilities for members or patrons from operating a food or drink establishment on the premises, as long as section 6 is complied with.
(6) Section 43 of Schedule 2 to the Regulation is revoked and the following substituted:
Construction
43. Construction activities or projects and related services, including land surveying and demolition services, that,
(a) are associated with the health care sector or long-term care, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space;
(b) ensure safe and reliable operations of, or provide new capacity in,
(i) municipal infrastructure, or
(ii) provincial infrastructure, including but not limited to, the transit, transportation, resource, energy and justice sectors;
(c) support the operations of, or provide new capacity in, electricity generation, transmission, distribution and storage, natural gas distribution, transmission and storage or in the supply of resources;
( d) support the operations of, or provide new capacity in, schools, colleges, universities or child care centres within the meaning of the Child Care and Early Years Act, 2014;
(e) are required for,
(i) the maintenance and operations of petrochemical plants and refineries,
(ii) significant industrial petrochemical projects where preliminary work commenced before April 17, 2021, or
(iii) industrial construction and modifications to existing industrial structures limited solely to work necessary for the production, maintenance or enhancement of personal protective equipment, medical devices such as ventilators and other identified products directly related to combatting the COVID-19 pandemic;
(f) would provide additional capacity in the production, processing, manufacturing or distribution of food, beverages or agricultural products;
(g) were commenced before April 17, 2021 and that would,
(i) provide additional capacity for businesses that provide logistical support, distribution services, warehousing, storage or shipping and delivery services,
(ii) provide additional capacity in the operation and delivery of Information Technology (IT) services or telecommunications services, or
(iii) provide additional capacity to, or enhance the efficiency or operations of, businesses that extract, manufacture, process and distribute goods, products, equipment and materials;
(h) support the operations of broadband internet and cellular technologies and services;
(i) are residential construction activities or projects and related services;
(j) prepare a site for an institutional, commercial, industrial or residential development, including any necessary excavation, grading, roads or utilities infrastructure;
(k) are necessary to temporarily close construction sites that have paused, or that are not active, to ensure ongoing public safety;
(l) are funded in whole or in part by,
(i) the Crown in right of Canada or in right of Ontario,
(ii) an agency of the Crown in right of Canada or in right of Ontario, or
(iii) a municipality; or
(m) are,
(i) intended to provide shelter or supports for vulnerable persons or affordable housing, and
(ii) being funded in whole or in part by, or are being undertaken by,
(A) the Crown in right of Canada or in right of Ontario,
(B) an agency of the Crown in right of Canada or in right of Ontario,
(C) a municipality,
(D) a service manager as defined the Housing Services Act, 2011,
(E) a registered charity within the meaning of the Income Tax Act (Canada), or
(F) a not-for-profit corporation.
2. Section 4 of Schedule 3 to the Regulation, as amended by Ontario Regulation [insert O.Reg. #for reg2021.0398], is revoked and the following substituted:
Outdoor recreational amenities
4. (1) Subject to subsections (2) to (5), each person responsible for an outdoor recreational amenity shall ensure that it is closed.
(2) An outdoor recreational amenity may be open for persons who need access for purposes of maintenance, safety, law enforcement or other similar purposes.
(3) An outdoor recreational amenity that is a park or recreational area may be open for the purposes of permitting persons to walk through the park or recreational area.
(4) A person shall not use any outdoor recreational amenities, including the following:
1. All outdoor playgrounds, play structures and equipment.
2. All outdoor sports facilities and multi-use fields, including,
i. baseball diamonds,
ii. soccer fields,
iii. frisbee golf locations,
iv. tennis, platform tennis, table tennis and pickleball courts,
v. basketball courts,
vi. BMX parks, and,
vii. skate parks.
3. All portions of park and recreational areas containing outdoor fitness equipment.
4. All outdoor picnic sites and picnic tables in park and recreational areas.
(5) An outdoor recreational amenity that is an off-leash dog area or park bench may be open.
(6) Any person who uses any of the following amenities shall maintain a physical distance of at least two metres from any other person who is also using the amenity, other than a person who is a member of the same household, a member of one other household who lives alone or a caregiver for any member of either household.
1. Outdoor parks and recreational areas.
2. Off-leash dog areas.
3. Benches in parks or recreational areas.
3. (1) Clause 1 (1) (d) of Schedule 4 to the Regulation is revoked and the following substituted:
(d) a gathering, whether indoors or outdoors, for the purposes of a wedding, a funeral or a religious service, rite or ceremony of more than 10 people.
(2) Subsection 1 (4) of Schedule 4 to the Regulation is revoked.
(3) Schedule 4 to the Regulation is amended by adding the following section:
Gathering in motor vehicles for religious service, rite or ceremony
4. (1) This section applies with respect to gatherings for the purposes of a wedding, funeral, religious service, rite or ceremony if the persons attending the gathering, other than those conducting the service, rite or ceremony, do so in a motor vehicle.
(2) Clause 1 (1) (d) does not apply to a person who attends a gathering to which this section applies if the person follows all of the following precautions that apply to the person:
1. Each person attending the gathering, other than the persons conducting the service, rite or ceremony, must remain within a motor vehicle that is designed to be closed to the elements, except,
i. where necessary to use a washroom, or
ii. as may otherwise be necessary for the purposes of health and safety.
2. The driver of a motor vehicle must ensure that it is positioned at least two metres away from other motor vehicles.
3. A person who ordinarily uses a non-motorized vehicle because of their religious belief and who attends the gathering must remain within their non-motorized vehicle except where necessary to use a washroom or as may otherwise be required for health and safety, and paragraph 2 applies with necessary modifications.
Commencement
4. (1) Subject to subsection (2), this Regulation comes into force on the later of April 17, 2021 and the day it is filed.
(2) Section 3 comes into force on the later of April 19, 2021 and the day it is filed.