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June 15, 2020 - By Elia Associates

COVID-19 Bulletin No. 21: What is "Open" and What is "Closed" in Stage 2?

Updated as of June 15th 2020

The Ontario Government recently released its “Framework for Reopening our Province”, which lays out the Province’s approach to restarting the economy. It includes guiding principles and public health recommendations that the Government will use to gradually and safely re-open business, services, and public spaces.

The Framework for re-opening includes three stages, which are as follows:

Ontario began the first stage of its re-opening plan on May 19th 2020; however, the Government has further extended the majority of emergency orders until June 30th 2020.[1]

On June 8th 2020, the Ontario Government announced that the majority of cities and municipalities in Ontario had the “green light” to move into Stage 2, which came into effect June 12th 2020 at 12:01am. Unfortunately, for those of us in the Greater Toronto Area (“GTA”) and surrounding areas, we were not able to move into Stage 2, as the Government did not see enough of a decline in the number of new and active cases of COVID-19.

Nevertheless, there was good news for all cities and municipalities in Ontario – the number of people permitted for gatherings increased from 5 people to 10 people as of Friday June 12th 2020 at 12:01am. Of course, for those who will be gathering in larger groups, social distancing and other health and safety measures still remain in place and are of the utmost importance during these times.

The Ontario Government made an announcement today, June 15th 2020, that more regions in Ontario will be permitted to move into Stage 2 as of Friday June 19th 2020 at 12:01am. Unfortunately, Toronto Public Health, Peel Public Health, and Windsor-Essex County Health Unit will still remain in Stage 1. Please find below a breakdown of all regions which are already in, or will be allowed to move into Stage 2.

 

Which regions are still in Stage 1?

Which regions will be allowed to move into Stage 2 as of June 19th 2020?

Which regions are in Stage 2?

 

WHAT IS “OPEN” AND WHAT IS “CLOSED IN STAGE 2?

 

Which condominium amenities can be opened?

 

  • Most outdoor amenities can now be opened, such as seating areas, community or allotment gardens, and tennis courts, provided social distancing measures remain in place.
  • Additional openings for those regions now in Stage 2 include:
    • Community centres;
    • Outdoor recreational facilities, excluding playgrounds, play structures and outdoor fitness equipment;
    • Indoor and pools;
    • Outdoor recreational activities that are low contact and allow for physical distancing, including solo basketball playing; and
    • Tennis courts
  • The Board may also consider opening the following, if adequate public health protocols can be followed: guest suites, meeting rooms, offices, outdoor barbeque areas, common rooms or lounges, and dog run areas.

Which condominium amenities should remain closed?

  • Indoor recreational amenities (except for swimming pools), including fitness centres, locker rooms, change rooms and showers (unless they are used in conjunction with a swimming pool and can be adequately sanitized), saunas and whirlpools, and squash courts.
  • Outdoor fitness equipment and playgrounds;
  • Basketball; and
  • Outdoor recreational activities that are high contact or don’t allow for social distancing.

We also direct your attention to our recent Bulletin No. 20: Proceed with Caution Before Reopening Your Outdoor Pool. Please click here to read the Bulletin.

What guidelines should be followed for “re-opening” in Stage 2?

The Ontario Government’s website provides safety guidelines for a variety of workplaces which are relevant to condominium corporations, including lawn care workers, community or allotment gardens, construction workers, maintenance workers, in-suite domestic workers (i.e. housekeepers), and office administration.

For amenity areas, corporations must consider the risks associated with opening each amenity area and whether public health protocols can be adhered to and should put rules and procedures in place to be followed by residents, as well as policies to be followed by the Board and all agents of the corporation. Please reach out to your legal counsel to discuss how to safely open amenity areas.

Please visit the following links for more information:

https://www.ontario.ca/page/resources-prevent-covid-19-workplace

https://www.ontario.ca/page/covid-19-coronavirus-and-workplace-health-and-safety

https://www.ontario.ca/page/framework-reopening-our-province-stage-2#section-3

Please find below a more comprehensive outline of what is “open” and “closed” under Stage 2, pursuant to the Ontario Government Regulations.

The Ontario Regulations, which list the closure of non-essential businesses, outdoor recreational amenities, and other establishments are as follows:

  1. Ontario Regulation 82/20: Closure of Places of Non-Essential Businesses (updated May 31st 2020)

Please see here for a complete list of closures under Ontario Regulation 82/20.

  1. Ontario Regulation 104/20: Closure of Outdoor Recreational Amenities

Please see here for a complete list of closures under Ontario Regulation 104/20.

  1. Ontario Regulation 51/20: Closure of Establishments

Please see here for a complete list of closures under Ontario Regulation 51/20.

The Ontario Government continues to update its emergency orders, which have currently been extended until June 30th 2020. A complete list of all businesses, establishments, amenities, and services, which are currently open, are available on the Ontario Government’s website. We have included below, a list of all businesses and services which apply to condominium corporations and which are currently open or being offered, as well as links to the applicable Ontario Regulations.

However, we note that while more businesses and workplaces can open, as of today, the dates and approaches may vary based on each community’s local needs and the ability of each business or service to meet workplace safety guidelines and public health advice. Condominium corporations should reach out to their legal counsel to discuss how to adequately manage the risks associated with re-opening common amenity areas and those businesses, such as short-term rentals, which are now able to operate again.

Please click here visit for a consolidated list of essential workplaces.

Please also click here for the City of Toronto’s Community & Workplace Settings page for additional guidelines and resources.

What is CLOSED under Stage 2?

  • All outdoor playgrounds, play structures, and equipment.
  • All communal facilities intended to be used by people using outdoor sports amenities, other than those identified in Ontario Regulation 82/20.
  • All portions of park and recreational areas containing outdoor fitness equipment.
  • All facilities providing indoor recreational programs, other than facilities listed in Schedule 2 of Ontario Regulation 82/20.
  • Some child-care centres
  • All bars and restaurants, except for the provision of take-out and delivery.

Please click here for more information on closures and a consolidated list by the Ontario Government.

What is OPEN under Stage 2?

  • Licensed child-care centres
  • Essential visitors to long-term care homes will be permitted, with certain restrictions
  • Lawn care services and landscaping services
  • Security services for residences, businesses, and other properties
  • Domestic services that support the operation of households, including housekeeping, cooking, indoor and outdoor cleaning and maintenance services
  • Personal care services
  • Restaurants and bars (patio only)
  • Personal services
  • Community centre
  • Water recreational facilities (indoor and outdoor pools)
  • Outdoor recreational facilities that operate low-contact attractions and activities
  • Outdoor recreational team sports, if physically distanced, for training only
  • Community centres
  • Small outdoor events
  • Libraries (for pick up and delivery)
  • Courier, postal, shipping, moving, and delivery services
  • Businesses that provide pet services, including pet grooming services, pet sitting services, pet walking services, and pet training services
  • Businesses that provide financial services, including real estate agent services
  • Maintenance, repair, and property management services that manage and maintain the safety, security, sanitation and operation of institutional, commercial, industrial and residential properties and buildings
  • Construction activities or projects and related services that support construction activities or projects, including demolition services
  • Professional and social services that support the legal and justice system
  • Allotment gardens or community gardens
  • Facilities for outdoor sports and activities in compliance with Section 7 of Schedule 3; these include tennis, basketball courts, baseball diamonds, soccer fields, etc.
  • Organizations and health care/social services providers that deliver home care services or personal support services to seniors and persons with disabilities
  • Organizations that provide critical personal support services in home or residential services for individuals with physical disabilities
  • Community gardens or allotment gardens are to be used in compliance with the advice, recommendations, and instructions of public health officials, including advice and recommendations or instructions on physical distancing, cleaning or disinfecting.
  • Outdoor sports amenities, off-leash dog areas, and picnic sites, benches, or shelters in parks or recreational areas, so long as individuals maintain a physical distance of at least two (2) metres from any other person.
  • Short-term rentals are permitted

Note: Short-term rentals can still be prohibited and/or restricted by implementing a leasing provision in a corporation’s governing documents, if it does not already have one. The corporation should seek legal advice before implementing such a provision.

Please click here for more information on what is open under Stage 1 and Stage 2, and the restrictions in place for each business and/or service.

In addition to the foregoing, the Ontario Government also has its own FAQs with respect to “Essential Businesses”, which can be found here.

If you reside outside of Toronto, the following resources may be useful:

Ottawa, ON

Hamilton, ON

Kitchener-Waterloo, ON

London, ON

Oshawa, ON

St. Catharines-Niagara, ON

Barrie, ON

Stay well and stay safe.

If you have any questions, please do not hesitate to contact anyone on our team:

Richard Elia

1-866-446-0811 ext. 801

richard@elia.org

Patricia Elia

1-866-446-0811 ext. 802

patricia@elia.org

Antoni Casalinuovo

1-866-446-0811 ext. 808

acasalinuovo@elia.org

Ashley Winberg

1-866-446-0811 ext. 806

awinberg@elia.org

Megan Molloy

1-866-446-0811 ext. 805

mmolloy@elia.org

Victor Yee

1-866-446-0811 ext. 810

vyee@elia.org

Jonathan Wright

1-866-446-0811 ext. 603

jwright@elia.org

Julia White

1-866-446-0811 ext. 824

jwhite@elia.org

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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