View Article
March 24, 2021 - By Elia Associates

Covid-19 Bulletin No. 38 - What Is Permitted in The Grey Zone Of Ontario's Colour- Coded Framework?

Updated March 29, 2021

Ontario Regulation 82/20 (“O. Reg. 82/20”) under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, governs what is permitted in the Grey Zone of Ontario’s colour-coded framework, in particular, Schedules 6-9 apply here (Schedules 1-5 govern those areas within the stay-at-home order).

What businesses may open in the Grey Zone?

Schedule 7 of O. Reg. 82/20 provides a list of businesses that may operate. Those businesses that may relate to the condominium industry are as follows:

Section 45 of O. Reg. 82/20 provides conditions for opening a facility for indoor or outdoor sports and recreational fitness activities. Such facilities may open where:

  1. A day camp for children;
  2. A provider of child care within the meaning of the Child Care and Early Years Act, 2014.
  3. Mental health support services or addiction support services (no more than 10 people in attendance); and/or
  4. The provision of social services.

Construction during lockdown

Schedule 7, Section 32 of O. Reg. 82/20, permits “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” to continue. Further, Schedule 7, Section 40 of O. Reg. 82/20 permits “construction activities or projects and related services including demolition services” to continue.

Therefore, we recommend policies that are comprehensive in identifying and addressing risk, prioritization of projects (remember the less strangers on site, the better, especially in certain parts of Ontario), a periodic review of the policies and procedures and the Board to affirm the policies appropriateness or to allow for changes to address changes in circumstances of the Corporation. 

The recent Ontario Superior Court case of Toronto Standard Condominium Corporation No. 1704 v. Fraser, held that even in circumstances where the Province of Ontario has authorized the re-opening of certain services during the COVID-19 pandemic, this does not mean that a Corporation is required to re-open such services. Restrictions adopted by Corporations may be stricter than those placed by government bodies, so long as the policies are reasonable.

Corporations are obligated under Section 117 of the Condominium Act, 1998, S.O. 1998, c. 19 (the “Act”) to ensure that no dangerous condition is permitted to exist on the premises, as well as in accordance with all Public Health Guidelines. The purpose of they Grey Zone is to reduce and control the spread of the virus; therefore, Boards need to prioritize projects and proceed with those which it deems essential first, and those which put the community at the least amount of risk. In this regard, in-suite renovations would increase the number of individuals attending the property and thus, increase interactions with employees, agents, guests, and residents which in turn, could increase the risk of transmission. 

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. Every condominium is different and unique!

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

Richard Elia                                               

1-866-446-0811 Ext. 801              

Patricia Elia 

1-866-446-0811 Ext. 802

Antoni Casalinuovo

1-866-446-0811 Ext. 808

Ashley Winberg 

1-866-446-0811 Ext. 806

Megan Molloy 

1-866-446-0811 Ext. 805

Victor Yee 

1-866-446-0811 Ext. 810

Jonathan Wright 

1-866-446-0811 Ext. 603

Julia White 

1-866-446-0811 Ext. 824

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 article is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.

© Elia Associates Professional Corporation, All Rights Reserved.