COVID-19 Bulletin No. 14: Moving Protocol

Updated on March 27,2020 at 2:00 p.m.

With the end of the month fast approaching, many move-ins and move-outs are scheduled to occur over the weekend and early next week at various condominiums throughout Ontario, even amidst the COVID-19 crisis.  As moving services have been deemed by the Province to be an essential service, these move-ins and move-outs must occur as scheduled (unless the condominium corporation deems the move to be unsafe as discussed in greater detail below).  

Condominium corporations in Ontario have to ensure compliance with their obligations under the Condominium Act, 1998 (the “Act”), which designates a condominium corporation as the occupier of the common elements for liability purposes under the Occupier’s Liability Act.  Under the Act, condominium corporations are also responsible for ensuring that no dangerous conditions exist that could cause personal injury or property damage.

In light of the statutory obligations of condominium corporations and the state of emergency in Ontario, it is advised that all condominium corporations in Ontario implement the following protocol during the COVID-19 pandemic, in order to manage the risks associated with moves and COVID-19:

1. The date, time and duration of each move-in and move-out must be reserved no less than 48 hours in advance, and the condominium corporation must consent to the proposed move in writing;
2. Each move-in and move-out must:
   1. Have a designated start and stop time;
   2. Be completed within the reserved timeframe and this requirement should be strictly adhered to; and
   3. Be restricted to only the low traffic areas of the common elements that must be accessed in order transport goods to/from the moving truck(s) and/or other vehicle(s) and the applicable unit (so that movers and other individuals assisting with a move-in/move-out cannot access other portions of the common elements);
3. During each move-in and move-out, other residents should be directed to not access those portions of the common elements that must be accessed in order transport goods to/from the moving truck(s) and/or other vehicle(s) and the applicable unit, and all residents that may be affected by restriction, particularly those residents that reside on the same floor as the applicable unit, must be given notice of the restriction and the duration of same no less than 24 hours in advance;
4. After the move is completed, those portions of the common elements that are accessed during the transportation of goods to/from the moving truck(s) and/or other vehicle(s) and the applicable unit must be thoroughly cleaned and disinfected by professional cleaning personnel before other residents are permitted to access the area and prior to any other scheduled move-ins/move-outs occurring;
5. The outgoing resident/incoming resident must reimburse the condominium corporation in advance for all  costs associated with the required cleaning and disinfecting of those portions of the common elements that are accessed during the transportation of goods to/from the moving truck(s) and/or other vehicle(s) and the applicable unit, and should the outgoing resident/incoming resident fail to do so, or if the amount provided proves to be insufficient, any outstanding amount should be charged back to the applicable unit in the same manner as common expenses provided that the indemnification provision in the condominium corporation’s declaration permits the same;
6. No less than 48 hours in advance of a scheduled move-in/move-out, the moving service provider, if one has been retained, must advise the condominium corporation of the internal protocol being followed by same in order safeguard against the spread of COVID-19 and protect all persons involved in any move; and
7. No less than 48 hours in advance of a scheduled move-in/move-out, the resident(s), mover(s) and individual(s) assisting with the move-in/move-out must provide the condominium corporation with written confirmation of the following:
   1. That they have not travelled outside of Canada within the last 14 days nor has anyone that they reside with;
   2. That they have not exhibited any symptoms indicative of COVID-19, nor have they had any contact with anyone who has exhibited symptoms indicative of COVID-19;
   3. That they have not tested positive for COVID-19 nor have they had any contact with anyone who has tested positive for COVID-19;
   4. That they are practicing all proper hygiene protocols recommended by public health officials in light of COVID-19;
   5. That they are practicing social distancing as recommended by public health officials in light of COVID-19;
   6. That they will notify the condominium corporation prior to the scheduled move-in/move-out if any of the foregoing statements are no longer true; and
   7. That they have received a copy of the foregoing protocol, have read the foregoing protocol, understand the foregoing protocol and agree to comply with same.

Based on the responses received, the Corporation will have the ability to determine if the move will or will not proceed.   The Board should consult counsel before determining this issue.   In addition, the Condominium may wish to consider advising the police in the event of a breach of the Minister’s directives made under the Quarantine Act ( Canada).

By reviewing the information provided to the condominium corporation in advance of the requested move-in/move-out, the condominium Corporation will be able to assess whether or not it is safe for the scheduled move-in/move-out to occur.  Furthermore, provided that it is safe for the scheduled move-in/move-out to occur, by implementing the foregoing protocol and ensuring that same is adhered to, condominium corporations will be able to ensure that all move-ins and move-outs occur as scheduled while at the same time protecting all other residents from the risks associated with the same in light of COVID-19.

All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.

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