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O. Reg. 75/22: RULES FOR AREAS AT STEP 3 AND AT THE ROADMAP EXIT STEP

filed February 14, 2022 under Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17

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ontario regulation 75/22

made under the

Reopening Ontario (A Flexible Response to COVID-19) Act, 2020

Made: February 14, 2022
Filed: February 14, 2022
Published on e-Laws: February 14, 2022
Printed in The Ontario Gazette: March 5, 2022

Amending O. Reg. 364/20

(RULES FOR AREAS AT STEP 3 AND AT THE ROADMAP EXIT STEP)

1. (1) Paragraph 4 of subsection 2.1 (2) of Schedule 1 to Ontario Regulation 364/20 is revoked and the following substituted:

4.  The indoor areas of facilities used for sports and recreational fitness activities, including facilities where personal physical fitness trainers provide instruction and including, for greater certainty, the indoor areas of facilities where spectators watch events, but not including places described in subsection 16 (4) of Schedule 2.

4.1  The indoor areas of waterparks.

(2) Subsection 2.1 (2) of Schedule 1 to the Regulation is amended by adding the following paragraph:

7.1  The indoor areas of bathhouses and sex clubs.

(3) Subparagraph 10 ii of subsection 2.1 (2) of Schedule 1 to the Regulation is revoked and the following substituted:

ii.  Outdoor facilities used for sports and recreational fitness activities, including facilities where personal physical fitness trainers provide instruction and including, for greater certainty, the outdoor areas of facilities where spectators watch events, but not including places described in subsection 16 (4) of Schedule 2.

ii.1  Outdoor waterparks.

(4) Subsection 2.2 (3.1) of Schedule 1 to the Regulation is revoked.

(5) Paragraphs 7 and 8 of subsection 3 (7) of Schedule 1 to the Regulation are revoked and the following substituted:

7.  Facilities used for sports and recreational fitness activities, including areas for spectators within those facilities and areas where personal physical fitness trainers provide instruction within those facilities.

8.  Waterparks.

9.  Casinos, bingo halls and other gaming establishments.

10.  Strip clubs.

11.  Bathhouses and sex clubs.

(6) Clause 3.1 (5) (f) of Schedule 1 to the Regulation is amended by striking out “or” at the end of subclause (v) and by adding the following subclauses:

(vi.1)  food or drink establishments with dance facilities,

(vi.2)  strip clubs,

(vi.3)  bathhouses and sex clubs,

(7) Subsection 3.3 (3.1) of Schedule 1 to the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(3.1) For a business, place or event referred to in sections 1, 2, 9, 16, 20, 22, 24 to 28, 32 or 33 of Schedule 2, the safety plan shall also include information as to how the business, place or event will,

. . . . .

(8) Paragraphs 1 to 5 of subsection 4 (1) of Schedule 1 to the Regulation are revoked.

2. (1) Paragraphs 1 to 3.1 of subsection 1 (1) of Schedule 2 to the Regulation are revoked.

(2) Paragraph 6 of subsection 1 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

6.  No patrons are permitted to dance within the establishment.

(3) Subsection 1 (4) of Schedule 2 to the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(4) Paragraph 4 of subsection (1) does not apply,

. . . . .

(4) Subsection 1 (5) of Schedule 2 to the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(5) For greater certainty, any business, place, facility or establishment at which food or drink is sold or served, including those referred to in section 4 of Schedule 1 and in sections 4, 5, 17, 18, 22, 24, 25, 26, 27, 27.1, 28, 31, 32 and 33 of this Schedule, is a food or drink establishment to which this section applies,

.  . . . .

(5) Sections 2 and 2.1 of Schedule 2 to the Regulation are revoked and the following substituted:

Food or drink establishments with dance facilities

2. (1) Food or drink establishments with dance facilities, including nightclubs, restoclubs and other similar establishments, may open if they comply with the following conditions during any time when patrons are permitted to make use of the dance facilities:

1.  In the case of an indoor establishment, the total number of members of the public permitted to be in the establishment at any one time may not exceed 25 per cent capacity, as determined in accordance with subsection 3 (4) of Schedule 1.

2.  In the case of an outdoor establishment, the total number of members of the public permitted to be at the establishment at any one time may not exceed 75 per cent capacity, as determined in accordance with section 3.0.1 of Schedule 1.

3.  Every patron in an outdoor establishment must wear a mask or face covering in a manner that covers their mouth, nose and chin, unless they are entitled to any of the exceptions set out in subsection 2 (4) of Schedule 1.

4.  The person responsible for the establishment must post a sign in a conspicuous location visible to the public that states the capacity limits under which the establishment is permitted to operate.

5.  The person responsible for the establishment must actively screen patrons in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the premises of the establishment.

(2) For the purposes of paragraph 3 of subsection (1), the references to “indoor area” in clauses 2 (4) (i) and (l) of Schedule 1 shall be read as “outdoor area”, and for greater certainty patrons are permitted to remove a mask or face covering temporarily to consume food or drink, or as may be necessary for the purposes of health and safety.

(3) For greater certainty, the person responsible for the establishment must prepare a safety plan in accordance with section 3.3 of Schedule 1.

(4) For greater certainty, any business, place, facility or establishment at which food or drink is sold or served while dance facilities are provided, including any business, place, facility or establishment referred to in section 4 of Schedule 1 and in sections 17, 22, 24, 25, 27, 27.1 and 28 of this Schedule, is a food or drink establishment to which this section applies,

(a)  at any time when food or drink is served or sold at the business, place, facility or establishment while dance facilities are provided; and

(b)  in any part of the business, place, facility or establishment where the food or drink is served or sold and dance facilities are provided.

(5) For greater certainty, the capacity limits set out in paragraphs 1 and 2 of subsection (1) apply to each area at a business, place, facility or establishment referred to in subsection (4) where dance facilities are provided during the periods of time when dancing is permitted.

(6) Paragraph 2 of subsection 8 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

2.  The total number of members of the public who are permitted to be in the indoor areas of the establishment at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the indoor area of the establishment.

(7) Section 8 of Schedule 2 to the Regulation is amended by adding the following subsection:

(1.1) Paragraphs 2 and 3 of subsection (1) do not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.

(8) Paragraph 1 of subsection 9 (1) of Schedule 2 to the Regulation is revoked.

(9) Paragraph 0.1 of subsection 10 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

0.1  The total number of members of the public who are permitted to be in the indoor areas of the business at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the indoor area of the business.

(10) Paragraph 2 of section 11 of Schedule 2 to the Regulation is revoked and the following substituted:

2.  The total number of members of the public who are permitted to be in the indoor areas of the shopping mall at any one time must not exceed the total capacity of the shopping mall determined by totalling the number of members of the public who would be permitted to be in every business in the mall in compliance with the capacity limits set out in this Order.

(11) Paragraph 2 of section 14 of Schedule 2 to the Regulation is revoked and the following substituted:

2.  The total number of students permitted to be in each indoor instructional space at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the space.

(12) Paragraph 1 of subsection 16 (1) of Schedule 2 to the Regulation is revoked.

(13) Paragraph 1.1 of subsection 16 (1) of Schedule 2 to the Regulation is amended by striking out “or 500 persons, whichever is less” at the end.

(14) Paragraph 2 of subsection 16 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

2.  The person responsible for the facility, or, where there is no such responsible person, the person holding a permit for the use of the facility must post a sign in a conspicuous location visible to the public that states the capacity limits for spectator areas in the facility.

(15) Paragraph 2.1 of subsection 16 (1) of Schedule 2 to the Regulation is revoked.

(16) Paragraph 2 of subsection 17 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

2.  The total number of members of the public who are permitted to be in the amenity at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the amenity.

(17) Section 17 of the Schedule 2 to the Regulation is amended by adding the following subsection:

(2) Paragraphs 2 and 3 of subsection (1) do not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.

(18) Paragraph 1 of subsection 18 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

1.  The total number of members of the public who are permitted to be in any indoor clubhouse at the outdoor recreational amenity at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the indoor clubhouse.

(19) Section 18 of Schedule 2 to the Regulation is amended by adding the following subsection:

(2) Paragraphs 1 and 3 of subsection (1) do not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.

(20) Paragraphs 2 and 3 of subsection 20 (1) of Schedule 2 to the Regulation are revoked.

(21) Paragraph 0.1 of subsection 21 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

0.1  The total number of members of the public who are permitted to be in the indoor areas of the establishment at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the indoor area of the establishment.

(22) Section 21 of Schedule 2 to the Regulation is amended by adding the following subsection:

(2) Paragraphs 0.1 and 2 of subsection (1) do not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.

(23) Paragraph 0.1 of subsection 22 (1) of Schedule 2 to the Regulation is amended by striking out “or 500 persons, whichever is less” at the end.

(24) Paragraph 1 of subsection 22 (1) of Schedule 2 to the Regulation is revoked.

(25) Paragraph 2 of subsection 22 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

2.  The person responsible for a concert venue or theatre must post a sign in a conspicuous location visible to the public that states the capacity limits under which the concert venue or theatre is permitted to operate.

(26) Paragraph 3 of subsection 22 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

3.  Patrons must be seated at all times while watching the concert, performance or film.

(27) Paragraphs 1 to 5 of subsection 24 (1) of Schedule 2 to the Regulation are revoked and the following substituted:

1.  The total number of members of the public who are permitted to be indoors in the attraction at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the indoor area of the attraction.

(28) Section 24 of Schedule 2 to the Regulation is amended by adding the following subsection:

(1.1) Paragraphs 1 and 8 to 11 of subsection (1) do not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.

(29) Paragraphs 1 to 1.2 of subsection 25 (1) of Schedule 2 to the Regulation are revoked.

(30) Paragraphs 1 to 3 of subsection 26 (1) of Schedule 2 to the Regulation are revoked.

(31) Paragraph 2 of subsection 27 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

2.  The total number of members of the public who are permitted to be in the indoor area of the park at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the indoor area of the park.

(32) Paragraph 4 of subsection 27 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

4.  The number of members of the public who are permitted to be at any particular indoor attraction within the park at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the indoor attraction.

(33) Section 27 of Schedule 2 to the Regulation is amended by adding the following subsection:

(1.1) Paragraphs 2, 4 and 7 to 9 of subsection (1) do not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.

(34) Subsection 27 (1.2) of Schedule 2 to the Regulation is revoked.

(35) Schedule 2 to the Regulation is amended by adding the following section:

Waterparks

27.1 For greater certainty, the person responsible for a waterpark must prepare a safety plan in accordance with section 3.3 of Schedule 1.

(36) Paragraph 2 of subsection 28 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

2.  The total number of members of the public who are permitted to be in the indoor area of the facility where the event takes place at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the indoor area of the facility.

(37) Paragraph 4 of subsection 28 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

4.  The number of members of the public who are permitted to be at any particular indoor attraction within the facility at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the indoor attraction.

(38) Section 28 of Schedule 2 to the Regulation is amended by adding the following subsection:

(1.1) Paragraphs 2, 4 and 6 to 8 of subsection (1) do not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.

(39) Paragraph 1 of subsection 29 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

1.  The total number of members of the public who are permitted to be in any indoor portion of the tour at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the space.

(40) Section 29 of Schedule 2 to the Regulation is amended by adding the following subsection:

(2) Paragraph 1 of subsection (1) does not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.

(41) Paragraph 1 of subsection 30 (1) of Schedule 2 to the Regulation is revoked and the following substituted:

1.  The total number of members of the public who are permitted to be on the boat at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person on the boat while in an indoor part of the boat.

(42) Section 30 of Schedule 2 to the Regulation is amended by adding the following subsection:

(2) Paragraphs 1 and 2 of subsection (1) do not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.

(43) Paragraph 2 of section 31 of Schedule 2 to the Regulation is revoked and the following substituted:

2.  The total number of members of the public who are permitted to be in the indoor areas of the establishment at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the indoor area of the establishment.

(44) Section 31 of Schedule 2 to the Regulation is amended by adding the following subsection:

(2) Paragraphs 2 and 3 of subsection (1) do not apply in a location in respect of which an election has been made under section 2.2 of Schedule 1 during the period when the election is in effect.

(45) Paragraphs 1, 1.1 and 1.2 of subsection 32 (1) of Schedule 2 to the Regulation are revoked and the following substituted:

1.  No patrons are permitted to dance within the establishment.

(46) Paragraph 4 of subsection 32 (1) of Schedule 2 to the Regulation is revoked.

(47) Subsection 32 (3) of Schedule 2 to the Regulation is revoked.

(48) Section 33 of Schedule 2 to the Regulation is revoked and the following substituted:

Bathhouses and sex clubs

33. (1) Bathhouses and sex clubs may open if they comply with the following conditions:

1.  Staff of the establishment must wear appropriate personal protective equipment.

2.  The total number of members of the public permitted to be in the establishment at any one time may not exceed 25 per cent of the capacity of the establishment, as determined in accordance with subsection 3 (4) of Schedule 1.

3.  The person responsible for the establishment must post a sign in a conspicuous location visible to the public that states the capacity limits under which the establishment is permitted to operate.

4.  The person responsible for the establishment must actively screen any patrons in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the indoor premises of the establishment.

(2) For greater certainty, the person responsible for the establishment must prepare a safety plan in accordance with section 3.3 of Schedule 1.

(3) Patrons of the establishment must wear a mask or face covering in a manner that covers their mouth, nose and chin during any period in which they come within two metres of another person, except,

(a)  when masks or face coverings cannot be worn while participating in the activities for which patrons normally frequent such an establishment; or

(b)  if the patron is entitled to any of the exceptions set out in subsection 2 (4) of Schedule 1.

3. (1) Subsection 1 (1) of Schedule 3 to the Regulation is revoked and the following substituted:

Gatherings

(1) Subject to sections 2 to 5, no person shall attend,

(a)  an organized public event of more than 50 people if the event is held indoors;

(b)  a social gathering of more than,

(i)  50 people if the event is held indoors, or

(ii)  100 people if the event is held outdoors; or

(c)  a social gathering associated with a wedding, a funeral or a religious service, rite or ceremony of more than,

(i)  50 people if the event is held indoors, or

(ii)  100 people if the event is held outdoors.

(2) Paragraph 1 of subsection 6 (2) of Schedule 3 to the Regulation is revoked and the following substituted:

1.  The number of persons occupying any room in the building or structure while attending the gathering must be limited to the number that can maintain a physical distance of at least two metres from every other person in the room.

(3) Section 6 of Schedule 3 to the Regulation is amended by adding the following subsection:

(3) Subsection (2) does not apply in a location in respect of which an election has been made under section 7 of this Schedule during the period when the election is in effect.

(4) Section 6.1 of Schedule 3 to the Regulation is revoked.

Commencement

4. This Regulation comes into force on the later of February 17, 2022 and the day it is filed.

 

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