COVID-19 Bulletin No. 37: Stay-At-Home Order Remains In Effect For Toronto & Peel

Updated on February 22, 2021

The Ontario government have announced that Toronto, Peel Region and North Bay-Parry Sound District will remain under the stay-at-home order until at least March 8, 2021.  However, York Region will be placed in the red “control” zone of Ontario’s colour coded reopening framework, effective as of today, February 22, 2021.

What zone is my region in under the new COVID-19 reopening framework?

1. Grey – Niagara Region.
2. Red – York Region, Lambton, Chatham-Kent, Hamilton, Durham, Halton, Middlesex-London, Waterloo, Simcoe-Muskoka, Southwestern, Thunder Bay, Wellington-Dufferin Guelph and Windsor-Essex.
3. Orange – Brant, Eastern Ontario, Haldimand-Norfolk, Haliburton, Kawartha, Pine Ridge, Huron, Lambton, Ottawa, Porcupine and Sudbury.
4. Yellow – Algoma, Grey-Bruce, Northwestern and Peterborough.
5. Green – Leeds, Grenville, Lanark, Timiskaming, Kingston, Frontenac, Lennox and Addington, Hasting Prince Edward and Renfrew County.

What is restricted under the updated colour-coded framework in each “zone”?

For further information, please click here.

What does this mean for condominiums?

Condominium Corporations should continue to follow any advice, recommendations and instructions issued by the Chief Medical Officer. Ontario Regulation 364/20 (“O. Reg 364/20”) provides an obligation for businesses to have a safety plan in place, however, this is not a requirement for condominium corporations, although it remains good practice to have them.

AGMs should continue to operate virtually given the limit on public gatherings. O. Reg. 541/20 under the Condominium Act, 1998, was amended to allow for an exception period to allow condominiums to hold virtual AGMs without the requirement of a by-law – the deadline is May 31, 2021. It is recommended that all condominiums pass a virtual meeting and electronic voting by-law as soon as possible, it requires a “reduced” majority. It is sufficient for the by-law to pass if the majority of owners participating at the meeting vote in its favour.

Should a condominium be permitted to open its amenities, it should continue to act cautiously and ensure that areas are disinfected as frequently as necessary to maintain a sanitary condition.

Screening Obligations

Amongst new obligations being imposed by the province under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17 is the obligation to screen individuals for COVID-19 prior to entering the premises. This is applicable in all colour zones.  There are two levels of screening obligations.

Active obligation to screen workers

O. Ref 364/20 provides that the person responsible for a business or organization which are open must actively screen every person who works at the business or organization before they enter the premise.

This applies to staff, agents and contractors working on site for the corporation.  It would also include, any contractors/service providers attending to work in units (cleaners, contractors, PSW/nurses or other service providers working for owners in their units).

All of these individuals should actively be screened for COVID 19, every day, prior to entering the premise.

Invitation to others to screen

Condominiums must post signs at all entrances, in a location visible to the public, that inform individuals on how to screen themselves for COVID-19 prior to entering the premise. There are many ways of implementing this new screening obligation, including having questionnaires or forms be completed. 

Please refer to our previous COVID-19 Bulletins on proper protocols and procedures to be implemented and followed by condominium corporations.

Please also ensure that you speak with your legal counsel if you do not already have COVID-19 protocols and policies in place to help manage the risk of transmission of the virus within your condominium community and require assistance with respect to drafting and/or implementing the same.

If you have any questions, please do not hesitate to contact 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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