Ontario Regulation 541/21
made under the
Reopening Ontario (A Flexible Response to COVID-19) Act, 2020
Made: July 29, 2021 Filed: July 30, 2021 Published on e-Laws: July 30, 2021 Printed in The Ontario Gazette: August 14, 2021
Amending O. Reg. 364/20
(RULES FOR AREAS AT STEP 3)
1. The title to Ontario Regulation 364/20 is revoked and the following substituted:
Rules for Areas At Step 3 and At the Roadmap Exit Step
2. Section 1 of the Regulation is revoked and the following substituted:
Terms of Order
1. The terms of this Order are set out in Schedules 1 to 5.
3. Section 3 of the Regulation is revoked and the following substituted:
Application
3. (1) Subject to subsections (2) and (3), this Order applies to the areas listed in Schedule 3 to Ontario Regulation 363/20 made under the Act.
(2) Schedules 1 to 3 apply throughout the areas at Step 3.
(3) Schedules 4 and 5 apply throughout the areas at the Roadmap Exit Step.
Step 3
3.1 In this Order, a reference to areas at Step 3 is a reference to all areas listed as being at Step 3 in Schedule 3 to Ontario Regulation 363/20 made under the Act.
Roadmap Exit Step
3.2 In this Order, a reference to areas at the Roadmap Exit Step is a reference to all areas listed as being at the Roadmap Exit Step in Schedule 4 to Ontario Regulation 363/20 made under the Act.
References to this Order
3.3 (1) In Schedules 1 to 3, a reference to “this Order” is a reference to Schedules 1 to 3.
(2) In Schedule 4, a reference to “this Order” is a reference to Schedules 4 and 5.
4. The Regulation is amended by adding the following heading immediately before Schedule 1:
Step 3
5. The heading to Schedule 1 to the Regulation is revoked and the following substituted:
schedule 1 General Rules at Step 3
6. The heading to Schedule 2 to the Regulation is revoked and the following substituted:
SCHEDULE 2 SPECIFIC RULES at Step 3
7. The heading to Schedule 3 to the Regulation is revoked and the following substituted:
sCHEDULE 3 ORGANIZED PUBLIC EVENTS And CERTAIN GATHERINGS at Step 3
8. The Regulation is amended by adding the following Schedules:
Roadmap Exit Step
SCHEDULE 4 General Rules At the Roadmap Exit Step
Closures
1. (1) Each person responsible for a business or place, or part of a business or place, that Schedule 5 describes as being permitted to open if certain conditions set out in that Schedule are met shall ensure that the business or place, or part of the business or place, either meets those conditions or is closed.
(2) Each person responsible for a business or place, or part of a business or place, that does not comply with sections 1 to 5 of this Schedule shall ensure that it is closed.
(3) Despite subsections (1) and (2), temporary access to a business or place, or part of a business or place, that is required to be closed is authorized, unless otherwise prohibited by any applicable law, for the purposes of,
(a)  performing work at the business or place in order to comply with any applicable law;
(b)  preparing the business or place to be reopened;
(c)  allowing for inspections, maintenance or repairs to be carried out at the business or place;
(d)  allowing for security services to be provided at the business or place; and
(e)  attending at the business or place temporarily,
(i)  to deal with other critical matters relating to the closure of the business or place, if the critical matters cannot be attended to remotely, or
(ii)  to access materials, goods or supplies that may be necessary for the business or place to be operated remotely.
(4) Nothing in this Order precludes a business or organization from operating remotely for the purpose of,
(a)  providing goods by mail or other forms of delivery, or making goods available for pick-up; and
(b)  providing services online, by telephone or other remote means.
(5) Nothing in this Order precludes operations or delivery of services by the following in Ontario:
1.  Any government.
2.  Any person or publicly-funded agency or organization that delivers or supports government operations and services, including operations and services of the health care sector.
General compliance
2. (1) The person responsible for a business or organization that is open shall ensure that the business or organization operates in accordance with all applicable laws, including the Occupational Health and Safety Act
and the regulations made under it.
(2) The person responsible for a business or organization that is open shall operate the business or organization in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.
(3) The person responsible for a business or organization that is open shall operate the business or organization in compliance with any advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health, or another public health official, on screening individuals by, among other things, posting signs at all entrances to the premises of the business or organization, in a conspicuous location visible to the public, that inform individuals on how to screen themselves for COVID-19 prior to entering the premises.
(4) The person responsible for a business or organization that is open shall ensure that any person in the indoor area of the premises of the business or organization, or in a vehicle that is operating as part of the business or organization, wears a mask or face covering in a manner that covers their mouth, nose and chin during any period when they are in the indoor area unless subsection (5) applies to the person in the indoor area.
(5) Where there is any requirement under this Order that a person wear a mask or face covering, the requirement does not apply to a person who,
(a)  is a child who is younger than two years of age;
(b)  is attending a school or private school within the meaning of the Education Act that is operated in accordance with a return to school direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health;
(c)  is attending a child care program at a place that is in compliance with the child care re-opening guidance issued by the Ministry of Education;
(d)  is attending a day camp or overnight camp for children that is in compliance with section 2 of Schedule 5;
(e)  is receiving residential services and supports in a residence listed in the definition of “residential services and supports” in subsection 4 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008;
(f)  is in a correctional institution or in a custody and detention program for young persons in conflict with the law;
(g)  is performing or rehearsing in a film or television production or in a concert, artistic event, theatrical performance or other performance;
(h)  has a medical condition that inhibits their ability to wear a mask or face covering;
(i)  is unable to put on or remove their mask or face covering without the assistance of another person;
(j)  needs to temporarily remove their mask or face covering while in the indoor area,
(i)  to receive services that require the removal of their mask or face covering,
(ii)  to engage in an athletic or fitness activity,
(iii)  to consume food or drink, or
(iv)  as may be necessary for the purposes of health and safety;
(k)  is being accommodated in accordance with the Accessibility for Ontarians with Disabilities Act, 2005;
(l)  is being reasonably accommodated in accordance with the Human Rights Code;
  (m)  performs work for the business or organization, is in an area that is not accessible to members of the public and is able to maintain a physical distance of at least two metres from every other person while in the indoor area; or
(n)  is a patron at a sex club or bathhouse and cannot wear a face mask or covering while participating in the activities for which patrons normally frequent such an establishment.
(6) Subsection (4) does not apply with respect to premises that are used as a dwelling if the person responsible for the business or organization ensures that persons in the premises who are not entitled to an exception set out in subsection (5) wear a mask or face covering in a manner that covers their mouth, nose and chin in any common areas of the premises in which persons are unable to maintain a physical distance of at least two metres from other persons.
(7) The person responsible for a business or organization shall ensure that every person who performs work for the business or organization and whose mask or face covering is temporarily removed to consume food or drink under subclause (5) (j) (iii) is separated from every other person by,
(a)  a distance of at least two metres; or
(b)  plexiglass or some other impermeable barrier.
(8) For greater certainty, it is not necessary for a person to present evidence to the person responsible for a business or place that they are entitled to any of the exceptions set out in subsection (5).
(9) A person shall wear appropriate personal protective equipment that provides protection of the person’s eyes, nose and mouth if, in the course of providing services, the person,
(a)  is required to come within two metres of another person who is not wearing a mask or face covering in a manner that covers that person’s mouth, nose and chin during any period when that person is in an indoor area; and
(b)  is not separated by plexiglass or some other impermeable barrier from a person described in clause (a).
(10) Where directives, policies or guidance that apply to a long-term care home within the meaning of the Long-Term Care Homes Act, 2007 are issued by the Office of the Chief Medical Officer of Health, the Minister of Long-Term Care or the Ministry of Long-Term Care, such directives, polices or guidance apply despite anything in this Order.
Requirements that apply to individuals
3. (1) Every person on the premises of a business or organization that is open shall wear a mask or face covering in a manner that covers their mouth, nose and chin during any period in which they are in an indoor area of the premises.
(2) Subsection (1) does not require a person to wear a mask or face covering if they are subject to an exception set out in subsection 2 (5).
Safety plan
4. (1) The person responsible for a business that is open shall prepare and make available a safety plan in accordance with this section, or ensure that one is prepared and made available, no later than seven days after the requirement first applies to the person.
(2) The safety plan shall describe the measures and procedures which have been implemented or will be implemented in the business to reduce the transmission risk of COVID-19.
(3) Without limiting the generality of subsection (2), the safety plan shall describe how the requirements of this Order will be implemented in the location including by screening, masks or face coverings, and the wearing of personal protective equipment.
(4) The safety plan shall be in writing and shall be made available to any person for review on request.
(5) The person responsible for the business shall ensure that a copy of the safety plan is posted in a conspicuous place where it is most likely to come to the attention of individuals working in or attending the business.
Collection of names and contact information
5. Any provisions in Schedule 1 or 2 that require persons responsible for a business or organization to record names and contact information, maintain those records and disclose them to medical officers of health or inspectors under the Health Protection and Promotion Act continue to apply, subject to any clarifications or exceptions set out in those Schedules.
SCHEDULE 5 Specific Rules At the Roadmap Exit Step
Cannabis retail stores
1. Cannabis retail stores operating under the authority of a retail store authorization issued under the Cannabis Licence Act, 2018 may open if they provide products to patrons through in-person sales or through an alternative method of sale, such as curbside pick-up or delivery.
Camps for children
2. (1) Day camps for children may open if they operate in a manner consistent with the safety guidelines for COVID-19 for day camps produced by the Office of the Chief Medical Officer of Health.
(2) Camps that provide supervised overnight accommodation for children may open if they operate in a manner consistent with the safety guidelines for COVID-19 for overnight camps produced by the Office of the Chief Medical Officer of Health.
Schools and private schools
3. (1) Schools and private schools within the meaning of the Education Act may open if they comply with the following conditions:
1.  They must be operated in accordance with a return to school direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health.
2.  If a person who holds a study permit issued under the Immigration and Refugee Protection Act (Canada) and who entered Canada on or after November 17, 2020 attends the school, in-person teaching or instruction may only be provided to that person if the school or private school,
i.  has a plan respecting COVID-19 that has been approved by the Minister of Education, and
ii.  operates in accordance with the approved plan.
(2) The condition set out in paragraph 1 of subsection (1) does not apply to a school operated by,
(a)  a band, a council of a band or the Crown in right of Canada;
(b)  an education authority that is authorized by a band, a council of a band or the Crown in right of Canada; or
(c)  an entity that participates in the Anishinabek Education System.
Commencement
9. This Regulation comes into force on the day it is filed.
 
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