COVID-19 Bulletin No. 20: Proceed with Caution Before Reopening Your Outdoor Pool

June 11. 2020

As per the press release issued by the Province of Ontario (the “Province”) on June 8, 2020, certain public health units in the Province will be permitted to commence Stage 2 of the Province’s reopening plan tomorrow.  The majority of the public health units in the Province that have been given the green light to commence Stage 2 of the Province’s reopening plan are those situated outside of the Greater Toronto Area and the Greater Golden Horseshoe Region.

Condominiums with outdoor pools that are located in portions of the Province that have been given the green light to commence Stage 2 of the Province’s reopening plan tomorrow, can commence procedures to reopen their outdoor pools.  However, prior to doing so, condominiums need to ensure that they comply with all of the requirements and guidelines issued by the Province, their local municipality, their local public health unit and Ontario Regulation 565, which pertains to public pools.  Condominiums must also keep in mind that no more than 10 individuals will be permitted in the vicinity of the outdoor pool area at a single given time and that individuals who do not reside with one another must maintain a distance of 2 meters between them.

It is important to keep in mind that although condominiums that are located in portions of the Province that have been given the green light to commence Stage 2 of the Province’s reopening plan are permitted to reopen their outdoor pools, there is no obligation that a condominium reopen its outdoor pool.  Thus, if a condominium is concerned that it will be unable to comply with the various requirements and guidelines and/or that it will be unable to monitor the outdoor pool as to ensure that no more than 10 individuals are in the vicinity of same at a single given time and that individuals are maintaining a distance of 2 meters between one another at all times – the condominium should seriously consider whether it is in its best interests to reopen its outdoor pool.  If a condominium reopens its outdoor pool without taking reasonable precautions and/or without enforcing and implementing those precautions it could be held liable under Section 26 of the Condominium Act and under the Occupier’s Liability Act for failing to take reasonable steps to protect individuals from the foreseeable harm of contracting COVID-19 as a result of using the outdoor pool.

Thus, although some condominiums have been given the green light to reopen their outdoor pools by the Province, they should proceed with caution prior to doing so.  In this regard, it is advised that all condominiums consult with their solicitor about the creation and implementation of rules, policies and protocols prior to reopening any amenities in order to manage risk exposure and ensure the safety of residents.

If you have any questions, please call anyone on our team:

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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