Ontario Regulation 2/22
made under the
Reopening Ontario (A Flexible Response to COVID-19) Act, 2020
Made: January 3, 2022 Filed: January 3, 2022 Published on e-Laws: January 3, 2022 Printed in The Ontario Gazette: January 22, 2022
Amending O. Reg. 263/20
(RULES FOR AREAS IN STEP 2)
1. (1) Section 2 of Schedule 1 to Ontario Regulation 263/20 is amended by adding the following subsections:
(2.1) 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 by a medical officer of health after consultation with the Office of the Chief Medical Officer of Health,
(a)  requiring the business or organization to establish, implement and ensure compliance with a COVID-19 vaccination policy; or
(b)  setting out the precautions and procedures that the business or organization must include in its COVID-19 vaccination policy.
(2.2) In subsection (2.1),
“medical officer of health” means a medical officer of health as defined in subsection 1 (1) of the Health Protection and Promotion Act.
(2.3) Despite section 1, the person responsible for a business or organization with an indoor area that is required to be closed under this Order may permit persons to enter the indoor area,
(a)  to use a washroom;
(b)  to access an outdoor area that can only be accessed through an indoor route; or
(c)  as may be necessary for the purposes of health and safety.
(2) Clause 2 (4) (c.1) of Schedule 1 to the Regulation is revoked.
(3) Schedule 1 to the Regulation is amended by adding the following section:
Proof of vaccination
2.2 (1) The person responsible for a business or an organization described in subsection (2) that is open shall require each patron who enters an area of the premises of the business or organization that is described in that subsection to provide, at the point of entry, proof of identification and of being fully vaccinated against COVID-19.
(2) Subsection (1) applies with respect to the following areas of the premises of the following businesses and organizations:
1.  The indoor areas of facilities used for sports and recreational fitness activities, but not including places described in subsection 19 (3) of Schedule 2.
2.  Any of the following outdoor areas that have a usual capacity of 20,000 or more persons:
i.  Outdoor meeting and event spaces, including conference centres or convention centres, but not including places described in subsection 4 (1) of this Schedule.
ii.  Outdoor facilities used for sports and recreational fitness activities, including waterparks and facilities where personal physical fitness trainers provide instruction, including, for greater certainty, the outdoor areas of facilities where spectators watch events, but not including places described in subsection 19 (3) of Schedule 2.
iii.  Outdoor concert venues, theatres and cinemas.
iv.  Outdoor horse racing tracks, car racing tracks and other similar venues.
(3) Subsection (1) does not apply where a patron is entering an indoor area solely,
(a)  to use a washroom;
(b)  to access an outdoor area that can only be accessed through an indoor route;
(c)  to make a retail purchase;
(d)  while placing or picking up an order, including placing a bet or picking up winnings in the case of a horse racing track;
(e)  while paying for an order;
(f)  to purchase admission; or
(g)  as may be necessary for the purposes of health and safety.
(4) The person responsible for a business or an organization to which this section applies shall comply with guidance published by the Ministry of Health on its website specifying,
(a)  what constitutes proof of,
(i)  identification,
(ii)  being fully vaccinated against COVID-19, and
(iii)  being entitled to an exemption under subsection (6); and
(b)  the manner of confirming, for the purposes of this section, that a patron is fully vaccinated against COVID-19 or is entitled to an exemption under subsection (6).
(5) For the purpose of this section, a person is fully vaccinated against COVID-19 if,
(a)  they have received,
(i)  the full series of a COVID-19 vaccine authorized by Health Canada, or any combination of such vaccines,
(ii)  one or two doses of a COVID-19 vaccine not authorized by Health Canada, followed by one dose of a COVID-19 mRNA vaccine authorized by Health Canada, or
(iii)  three doses of a COVID-19 vaccine not authorized by Health Canada; and
(b)  they received their final dose of the COVID-19 vaccine at least 14 days before providing the proof of being fully vaccinated.
(6) A business or an organization is exempt from the requirement under subsection (1) in respect of patrons,
(a)  who are under 12 years of age;
(b)  who were born in 2010 and who are 12 years and 12 weeks of age or younger;
(c)  who provide documentation that confirms, in accordance with the Ministry’s guidance mentioned in subsection (4), that the patron is currently participating in a COVID-19 vaccine clinical trial that is authorized by Health Canada and specified in that guidance; or
(d)  who provide documentation that, in accordance with the Ministry’s guidance mentioned in subsection (4),
(i)  confirms that the patron has a medical reason for not being fully vaccinated against COVID-19, and
(ii)  specifies the effective time-period for the medical reason.
(7) A person who is a patron shall not enter an area described in subsection (2) without providing the information required by subsection (1) except,
(a)  for a purpose specified in subsection (3); or
(b)  in the circumstances described in subsection (6).
(8) A business or organization may use an electronic application to confirm, for the purposes of this section, that a patron is fully vaccinated against COVID-19 or is entitled to an exemption under subsection (6) only if the electronic application is listed in the guidance published by the Ministry of Health on its website.
(9) A person who provides any information to a business or an organization to satisfy a requirement under this section shall ensure that their information is complete and accurate.
(10) Subject to subsection (11), no person shall retain, record, copy, modify, use or disclose any information provided pursuant to this section.
(11) A business or organization may use information provided pursuant to this section solely for the purpose of confirming, for the purposes of this section, that a patron is fully vaccinated against COVID-19 or is entitled to an exemption under subsection (6).
(4) Subsections 3 (2) and (3) of Schedule 1 to the Regulation are revoked and the following substituted:
(2) For the purposes of this Order, the maximum number of members of the public permitted in a business or facility, or part of a business or facility, that is operating in an indoor setting at 50 per cent capacity is determined by taking 50 per cent of the maximum occupant load of the business or facility, or part of a business or facility, as applicable, as calculated in accordance with Ontario Regulation 213/07 (Fire Code), made under the Fire Protection and Prevention Act, 1997.
(3) For the purposes of this Order, the maximum number of members of the public permitted in a business or facility, or part of a business or facility, that is operating in an indoor setting at 25 per cent capacity is determined by taking 25 per cent of the maximum occupant load of the business or facility, or part of a business or facility, as applicable, as calculated in accordance with Ontario Regulation 213/07 (Fire Code), made under the Fire Protection and Prevention Act, 1997.
(5) Schedule 1 to the Regulation is amended by adding the following section:
General capacity rules
3.0.1 (1) If any provisions of this Order impose a limit on the number of persons who may occupy an area, the more restrictive limit on the area’s capacity prevails.
(2) Unless otherwise provided, a capacity limit set out in this Order applies to the whole business or facility, not to individual rooms or areas within the business or facility.
(6) Clause 3.1 (2) (a) of Schedule 1 to the Regulation is revoked and the following substituted:
(a)  in attendance at an indoor or outdoor public event permitted by this Order; and
(7) Clause 3.1 (5) (a.1) of Schedule 1 to the Regulation is revoked.
(8) Subsection 3.1 (5) of Schedule 1 to the Regulation is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause:
(d)  when in an indoor instructional space at a post-secondary institution as defined in subsection 16 (3) of Schedule 2, other than an Indigenous Institute to which paragraph 1 of subsection 16 (1) of Schedule 2 applies.
(9) Subsection 3.2 (3) of Schedule 1 to the Regulation is revoked.
(10) Subsection 3.3 (3.1) of Schedule 1 to the Regulation is amended by striking out “subsection 19 (7)” in the portion before clause (a) and substituting “section 19.1”.
(11) Section 4 of Schedule 1 to the Regulation is revoked and the following substituted:
Meeting or event space
4. (1) The person responsible for a business or place that is open may only rent out indoor meeting or event space if the indoor meeting or event space is only rented out,
(a)  to a provider of child care within the meaning of the Child Care and Early Years Act, 2014;
(b)  for the purpose of the provision of social services;
(c)  for the purpose of collective bargaining, so long as no more than 10 people are permitted to occupy the rented space;
(d)  for the purpose of delivering or supporting the delivery of court services;
(e)  for operations by or on behalf of a government;
(f)  for the purpose of delivering or supporting the delivery of government services;
(g)  for the purpose of operations and services of the health sector, including immunization clinics;
(h)  for the purpose of delivering or supporting mental health support services or addictions support services, so long as no more than 10 people are permitted to occupy the rented space; or
(i)  for the purpose of conducting in-person examinations for the registration, licensing or accreditation of persons in any of the fields or occupations described in subsection 2 (2) of Schedule 8 to Ontario Regulation 82/20, made under the Act, so long as no more than 50 students are permitted to occupy the rented space.
(2) Nothing in this section prevents a business or place from showing a meeting or event space by appointment for a prospective rental.
(3) The person responsible for a business or place that is open may rent out outdoor meeting or event space for a purpose other than a purpose listed in subsection (1) if the business or place complies with the following conditions:
1.  The person responsible for the business or place must post a sign in a conspicuous location visible to the public that states the capacity limits under which the business or place is permitted to operate.
2.  No more than 10 people may be seated together at any table in the rented space unless everyone seated at the table is,
i.  a member of the same household,
ii.  a member of up to one other household who lives alone, or
iii.  a caregiver for any member of either household.
3.  Patrons must remain seated at all times in the rented space, except,
i.  while entering the rented space and while moving to their table,
ii.  while exiting the rented space,
iii.  while going to or returning from a washroom,
iv.  while lining up to do anything described in subparagraphs i to iii, or
v.  where necessary for the purposes of health and safety.
4.  No patrons are permitted to dance or sing, including by performing karaoke, within the rented space.
5.  The person responsible for the business or place must actively screen individuals 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 business or place.
6.  The person responsible for the business or place must,
i.  record the name and contact information of every member of the public who attends a meeting or event,
ii.  maintain the records for a period of at least one month, and
iii.  only disclose the records to a medical officer of health or an inspector under the Health Protection and Promotion Act on request for a purpose specified in section 2 of that Act or as otherwise required by law.
(4) Paragraphs 5 and 6 of subsection (3) do not apply if the business or place is rented out,
(a)  to a provider of child care within the meaning of the Child Care and Early Years Act, 2014;
(b)  for the purpose of the provision of social services;
(c)  for the purpose of delivering or supporting the delivery of court services;
(d)  for operations by or on behalf of a government; or
(e)  for the purpose of delivering or supporting the delivery of government services.
(12) Section 5 of Schedule 1 to the Regulation is amended by adding the following subsections:
(3) Clause (1) (b) does not apply with respect to the Rogers Centre in Toronto.
(4) For the purposes of this Order, the spectator areas of the Rogers Centre in Toronto shall be treated as if they were indoors, regardless of whether the Centre’s retractable roof is open or closed.
(13) Subsection 6 (1) of Schedule 1 to the Regulation is amended by striking out “three metres” and substituting “two metres”.
(14) Paragraph 3 of subsection 8 (7) of Schedule 1 to the Regulation is revoked and the following substituted:
3.  No spectators may be permitted at the business or place, except in accordance with section 19.1.
(15) Subsection 8 (8) of Schedule 1 to the Regulation is revoked.
(16) Schedule 1 to the Regulation is amended by adding the following section:
Sale and service of liquor
9. (1) The person responsible for a business or place that is open and in which liquor is sold or served under a licence or a special occasion permit shall ensure that,
(a)  liquor is sold or served only between 9 a.m. and 10 p.m.; and
(b)  no consumption of liquor is permitted in the business or place between the hours of 11 p.m. and 9 a.m.
(2) The conditions set out in subsection (1) do not apply with respect to businesses and places in airports.
(3) The conditions set out in subsection (1) do not apply with respect to,
(a)  the sale of liquor for removal from licensed premises in accordance with section 40 of Ontario Regulation 746/21 (Licensing) made under the Liquor Licence and Control Act, 2019;
(b)  the sale of liquor under a licence to operate a retail store in accordance with Part IV of Ontario Regulation 746/21 (Licensing) made under the Liquor Licence and Control Act, 2019; and
(c)  the sale of liquor for delivery in accordance with section 41 of Ontario Regulation 746/21 (Licensing) made under the Liquor Licence and Control Act, 2019.
2. (1) Section 1 of Schedule 2 to the Regulation is revoked and the following substituted:
Restaurants, bars etc.
1. (1) Restaurants, bars, food trucks, concession stands and other food or drink establishments may open if they comply with the following conditions:
1.  No indoor dining may be provided.
2.  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.
3.  No more than 10 people may be seated together at any table in the establishment unless everyone seated at the table is,
i.  a member of the same household,
ii.  a member of up to one other household who lives alone, or
iii.  a caregiver for any member of either household.
4.  Patrons must be seated at all times in any area of the establishment in which food or drink is permitted except,
i.  while entering the area and while moving to their table,
ii.  while placing or picking up an order,
iii.  while paying for an order,
iv.  while exiting the area,
v.  while going to or returning from a washroom,
vi.  while lining up to do anything described in subparagraphs i to v, or
vii.  where necessary for the purposes of health and safety.
5.  They must open no earlier than 5 a.m. and close no later than 11 p.m., but may provide take-out, drive-through or delivery service outside of those hours.
6.  The person responsible for the establishment must actively screen any dine-in patrons in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the establishment.
7.  The person responsible for the establishment must,
i.  record the name and contact information of every patron that enters an area of the establishment, unless the patron temporarily enters the area to place, pick up or pay for a takeout order,
ii.  maintain the records for a period of at least one month, and
iii.  only disclose the records to a medical officer of health or an inspector under the Health Protection and Promotion Act on request for a purpose specified in section 2 of that Act or as otherwise required by law.
8.  No patrons are permitted to dance or sing, including by performing karaoke, within 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) Paragraphs 6 and 7 of subsection (1) do not apply with respect to an establishment which requires all dine-in patrons to order or select their food or drink at a counter, food bar or cafeteria line and pay before receiving their order.
(4) Paragraphs 1, 5 and 6 of subsection (1) do not apply,
(a)  with respect to establishments on hospital premises or in an airport; or
(b)  with respect to an establishment located within a business or place if the only patrons permitted at the establishment are persons who perform work for the business or place in which the establishment is located.
(5) For greater certainty, any business, place, facility or establishment at which food or drink is sold or served 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; and
(b)  in any part of the business, place, facility or establishment where the food or drink is served or sold.
(6) For greater certainty, a restaurant, bar, food truck, concession stand or other food or drink establishment that is in compliance with the conditions set out in subsection (1) may open in any business or place that is otherwise permitted to open under this Order.
(7) For greater certainty, this section does not apply to food or drink establishments where dance facilities are provided, during a time when patrons are permitted to make use of the dance facilities.
Food or drink establishments with dance facilities
1.1 Food or drink establishments with dance facilities, including nightclubs, restoclubs and other similar establishments, may open only for the purpose of providing food or drink in compliance with the conditions set out in section 1.
(2) Section 2 of Schedule 2 to the Regulation is revoked and the following substituted:
Public libraries
2. (1) Public libraries may open if they comply with the following condition:
1.  The total number of members of the public in the library at any one time must not exceed 50 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1.
(2) Subsection (1) does not apply to any part of the public library that is used,
(a)  by a provider of child care within the meaning of the Child Care and Early Years Act, 2014;
(b)  for the purpose of the provision of social services; or
(c)  for the purpose of delivering or supporting mental health support services or addictions support services, so long as no more than 10 people are permitted to occupy the rented space.
(3) Section 3 of Schedule 2 to the Regulation is revoked and the following substituted:
Community centres and multi-purpose facilities
3. (1) Community centres and multi-purpose facilities may open if they comply with the following conditions:
1.  The total number of members of the public in the community centre or multi-purpose facility at any one time must not exceed 50 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1.
2.  Any indoor sports or recreational fitness activities must be in compliance with section 19.
3.  Any outdoor sports or recreational fitness activities must be in compliance with section 19.1.
(2) Paragraph 1 of subsection (1) does not apply to any part of a community centre or multi-purpose facility that is used,
(a)  by a provider of child care within the meaning of the Child Care and Early Years Act, 2014;
(b)  for the purpose of the provision of social services; or
(c)  for the purpose of delivering or supporting mental health support services or addictions support services, so long as no more than 10 people are permitted to occupy the rented space.
(4) Paragraph 2 of subsection 4 (1) of Schedule 2 to the Regulation is revoked and the following substituted:
2.  A child care centre shall not provide child care on school days during typical school hours for a child whose school is not permitted under this Order to provide in-person teaching or instruction to the child on that day and who, immediately before January 3, 2022,
i.  was enrolled in school, and
ii.  was not registered to attend the centre on those days and during those hours.
(5) Section 4 of Schedule 2 to the Regulation, as amended by subsection (4), is revoked.
(6) Section 5 of Schedule 2 to the Regulation is revoked and the following substituted:
Short-term rentals
5. (1) Businesses providing short-term rental accommodation may open if they comply with the following conditions:
1.  Rentals must only be provided to individuals who are in need of housing.
2.  Any indoor pools, communal steam rooms, saunas or indoor whirlpools, indoor fitness centres, or other indoor recreational facilities that are part of the operation of these businesses, are closed.
(2) Paragraph 1 of subsection (1) does not apply with respect to hotels, motels, lodges, resorts and other shared rental accommodation, including student residences, but does apply with respect to cabins and cottages.
(3) Despite paragraph 1 of subsection (1), persons may rent out an ice fishing hut if,
(a)  the ice fishing hut will only be used by members of the same household; and
(b)  the ice fishing hut will not be used overnight.
(4) The conditions set out in clauses (3) (a) and (b) do not apply if the person is renting the ice fishing hut for the purpose of exercising an Aboriginal or treaty right as recognized and affirmed by section 35 of the Constitution Act, 1982.
(7) Section 6 of Schedule 2 to the Regulation is amended by adding “Subject to section 5” at the beginning of the portion before paragraph 1.
(8) Paragraphs 4 and 5 of subsection 8 (1) of Schedule 2 to the Regulation are revoked.
(9) Subsection 8 (3) of Schedule 2 to the Regulation is revoked.
(10) Paragraphs 2, 3 and 4 of section 9 of Schedule 2 to the Regulation are revoked.
(11) Section 10 of Schedule 2 to the Regulation is revoked and the following substituted:
Conference centres and convention centres
10. Conference centres and convention centres may open if they comply with the conditions set out in section 4 of Schedule 1.
(12) Sections 11, 12 and 13 of Schedule 2 to the Regulation are revoked and the following substituted:
Retailers
11. (1) Businesses that engage in retail sales to the public may open if they comply with the following conditions:
1.  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.
2.  If the business permits members of the public to test drive any vehicles, boats or watercraft,
i.  the test drive must be limited to no more than 10 minutes,
ii.  a maximum of two people, including up to one sales representative, may be present in the vehicle, boat or watercraft during the test drive,
iii.  if two people who are not members of the same household are present in the vehicle during the test drive, any windows in the vehicle, boat or watercraft must be opened at all times,
iv.  the members of the public must be actively screened in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they participate in the test drive, and
v.  all participants in the test drive 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.
3.  They must ensure that any music played at the place of business is not at a decibel level that exceeds the level at which normal conversation is possible.
(2) Despite subsection 32 (2) of Ontario Regulation 268/18 (General) made under the Smoke-Free Ontario Act, 2017, a person responsible for a specialty vape store as defined in that Regulation that is permitted to be open in accordance with the conditions described in subsection (1) shall not permit an electronic cigarette to be used for the purpose of sampling a vapour product in the specialty vape store.
(3) Cannabis retail stores operating under the authority of a retail store authorization issued under the Cannabis Licence Act, 2018 may open if they comply with the conditions set out in subsection (1) and provide products to patrons through in-person sales or through an alternative method of sale, such as curbside pick-up or delivery.
(13) Subsection 14 (3) of Schedule 2 to the Regulation is amended by adding the following paragraph:
6.  If the shopping mall is an indoor shopping mall, the shopping mall must actively screen individuals 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 mall.
(14) Subsections 15 (1) and (2) of Schedule 2 to the Regulation are revoked and the following substituted:
Schools and private schools
(1) Schools and private schools within the meaning of the Education Act
shall not provide in-person teaching or instruction before January 17, 2022.
(2) Despite subsection (1), schools and private schools within the meaning of the Education Act may open before January 17, 2022,
(a)  to the extent necessary to facilitate the operation of a child care centre within the meaning of the Child Care and Early Years Act, 2014;
(b)  if approved by the Minister of Education, to the extent necessary to facilitate the operation of an extended day program, as defined in the Education Act, for the provision of emergency child care for the children of individuals listed in Schedule 4 during the period when schools are not permitted to provide in-person teaching or instruction;
(c)  to allow staff of the school or private school to provide remote teaching, instruction or support to pupils, so long as the school or private school operates 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; or
(d)  to the extent necessary to provide in-person instruction to pupils with special education needs who cannot be accommodated through remote learning and who wish to attend a school or their private school for in-person instruction, so long as the school or private school operates 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.
(15) Subsections 15 (5) and (6) of Schedule 2 to the Regulation are revoked and the following substituted:
(5) A school or private school may allow persons, other than persons allowed to be at the school or private school under subsection (2), to enter the school or private school temporarily, as necessary, to return goods or supplies or retrieve personal belongings.
(16) Section 15 of Schedule 2 to the Regulation, as amended by subsections (14) and (15) is revoked and the following substituted:
Schools and private schools
15. (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.
(17) Section 16 of Schedule 2 to the Regulation is revoked and the following substituted:
Post-secondary institutions
16. (1) Post-secondary institutions may open to provide in-person teaching or instruction if they comply with the following conditions:
1.  If the instructional space is indoors and is at an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017,
i.  the instructional space must be operated to enable students to maintain a physical distance of at least two metres from every other person in the instructional space, except where necessary for teaching and instruction that cannot be effectively provided if physical distancing is maintained, and
ii.  the total number of students permitted to be in each instructional space in the institution 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, and in any event cannot exceed the lesser of 1,000 persons and 50 per cent of the capacity of the instructional space, as determined in accordance with subsection 3 (2) of Schedule 1.
(2) Paragraph 1 of subsection (1) does not apply if the Indigenous Institute implements a COVID-19 vaccination policy consistent with any advice, recommendations and instructions issued under subsection 2 (2.1) of Schedule 1 for post-secondary institutions.
(3) In this section,
“post-secondary institution” means,
(a)  a university,
(b)  a college of applied arts and technology,
(c)  a private career college,
(d)  an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017,
(e)  an institution that is authorized to grant a degree by an Act of the Legislature,
(f)  a person who is delivering in-person teaching or instruction in accordance with a consent given under section 4 of the Post-secondary Education Choice and Excellence Act, 2000,
(g)  a person approved to provide training for apprenticeship programs under clause 2 (d) of the Building Opportunities in the Skilled Trades Act, 2021, or
(h)  any other institution that is a designated learning institution within the meaning of section 211.1 of the Immigration and Refugee Protection Regulations (Canada), other than a school or private school within the meaning of the Education Act.
(18) Section 17 of Schedule 2 to the Regulation is revoked and the following substituted:
Businesses that provide teaching and instruction
17. (1) Businesses that provide in-person indoor teaching and instruction, other than those primarily engaged in the provision of health and safety training, are closed.
(2) Businesses that provide in-person outdoor teaching and instruction, other than those primarily engaged in the provision of health and safety training, may open if they comply with the following conditions:
1.  The students must maintain a physical distance of at least two metres from every other person in the instructional space, except where necessary for teaching and instruction that cannot be effectively provided if physical distancing is maintained.
2.  The total number of students permitted to be in each instructional space at any one time must be limited to the number of persons who can maintain a physical distance of at least two metres from every other person in the space where the instruction is provided.
3.  If the in-person teaching or instruction involves singing or the playing of brass or wind instruments,
i.  every person who is singing or playing must be separated from every other person by plexiglass or some other impermeable barrier, or
ii.  every person in the instructional space must remain at least three metres apart from every other person in the instructional space.
4.  Students must be actively screened in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the business.
5.  The person responsible for the business shall,
i.  record the name and contact information of every student who attends the in-person teaching and instruction,
ii.  maintain the records for a period of at least one month, and
iii.  only disclose the records to a medical officer of health or an inspector under the Health Protection and Promotion Act on request for a purpose specified in section 2 of that Act or as otherwise required by law.
(19) Paragraph 2 of section 17.1 of Schedule 2 to the Regulation is revoked and the following substituted:
2.  The total number of students permitted to be in each 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 business or place, and in any event must not exceed 50 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1.
(20) Section 18 of Schedule 2 to the Regulation is revoked and the following substituted:
Driving instruction
18. (1) Businesses that provide driving instruction in a motor vehicle may open if they only provide instruction to drivers of commercial vehicles,
(a)  where the instruction is part of the Ontario Driver Certification Program administered by the Ministry of Transportation and involves the operation of motor vehicles for which,
(i)  a class of driver’s licence other than Class G, G1, G2, M, M1 or M2 is required, or
(ii)  an air brake endorsement is required; or
(b)  if they are a private career college that is in compliance with section 16.
(2) In this section,
“commercial motor vehicle” has the same meaning as in subsection 1 (1) of the Highway Traffic Act.
(21) Section 19 of Schedule 2 to the Regulation is revoked and the following substituted:
Facilities for indoor sports and recreational fitness activities
19. (1) Facilities for indoor sports and recreational fitness activities may open if they meet the conditions set out in subsection (2), (3), (4) or (5), as applicable.
(2) A facility for indoor sports and recreational fitness activities may open if it meets the following conditions:
1.  The facility is operated by, or for the sole use of, persons who are athletes, coaches or officials training or competing to be a part of Team Canada at the next summer or winter Olympic Games or Paralympic Games, if the persons are,
i.  identified by a national sport organization that is either funded by Sport Canada or recognized by the Canadian Olympic Committee or the Canadian Paralympic Committee, and
ii.  permitted to train, compete, coach or officiate under the safety protocols put in place by a national sport organization mentioned in subparagraph i.
2.  The only persons permitted to enter and use the facility must be,
i.  players, athletes, coaches or officials who are using the facility for the purposes of training or conditioning, and
ii.  such staff as are strictly necessary to operate the facility and support the training or conditioning of the players.
(3) A facility for indoor sports and recreational fitness activities may open if it meets the following condition:
1.  The facility must open solely for the purpose of providing space for any, some or all of the following:
i.  A provider of child care within the meaning of the Child Care and Early Years Act, 2014.
ii.  Mental health support services or addictions support services, so long as no more than 10 people are permitted to occupy the space.
iii.  The provision of social services.
(4) A facility for indoor sports and recreational fitness activities may, but is not required to, open if it meets the following conditions:
1.  The facility must be open solely for the purpose of allowing use of the facility by,
i.  persons with a disability, within the meaning of the Accessibility for Ontarians with Disabilities Act, 2005, who,
A.  have received a written instruction for physical therapy from a regulated health professional who is qualified to provide the instruction, and
B.  are not able to engage in the physical therapy elsewhere,
ii.  such staff as are strictly necessary to operate the facility and support the provision of the physical therapy, and
iii.  such support persons or service animals as may be necessary for the person with a disability.
2.  The facility must have established a health and safety protocol for the use of the facility that is consistent with sections 3.1, 3.2, 3.3 and 7 of Schedule 1, and the facility must be operated in compliance with the health and safety protocol.
3.  The person responsible for the facility must,
i.  record the name and contact information of every person described in paragraph 1 who enters and uses the facility,
ii.  maintain the records for a period of at least one month, and
iii.  only disclose the records to a medical officer of health or an inspector under the Health Protection and Promotion Act on request for a purpose specified in section 2 of that Act or as otherwise required by law.
(5) A facility for indoor sports and recreational fitness activities may open in compliance with section 8 of Schedule 1.
(6) A facility may be open for any of the purposes described in subsection (2), (3), (4) or (5) if it opens solely for the purposes described in those subsections and complies with all of the conditions set out in those subsections.
(7) For greater certainty, no indoor sports or indoor recreational classes are permitted at any indoor sport and recreational facilities.
Facilities for outdoor sports and recreational fitness activities
19.1 (1) Facilities for outdoor sports and recreational fitness activities may open if they comply with the following conditions:
1.  The number of spectators at the facility at any one time must not exceed,
i.  for a facility that has an area designated for spectator seating, 50 per cent of the usual seating capacity, and
ii.  for a facility that does not have an area designated for spectator seating, 50 per cent capacity, determined by taking the total square metres of the area, dividing that number by 8 and rounding the result down to the nearest whole number.
2.  Every outdoor spectator 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, or are seated with members of their own household only, and every member of the household is seated at least two metres from every person outside their household.
3.  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,
i.  record the name and contact information of every member of the public who enters the facility,
ii.  maintain the records for a period of at least one month, and
iii.  only disclose the records to a medical officer of health or an inspector under the Health Protection and Promotion Act on request for a purpose specified in section 2 of that Act or as otherwise required by law.
4.  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 actively screen individuals who enter the facility in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the facility.
5.  Prior to permitting any participants in an organized sports league or event to practise or play the sport in the facility, the facility must ensure that the league or event has prepared a safety plan in accordance with section 3.3 of Schedule 1.
(2) For the purposes of paragraph 2 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, spectators 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.
(22) The heading immediately before section 20 of Schedule 2 to the Regulation is revoked and the following substituted:
Recreational amenities
(23) Section 20 of Schedule 2 to the Regulation is revoked and the following substituted:
Recreational amenities
20. (1) Indoor recreational amenities are closed.
(2) Outdoor recreational amenities may open if they comply with the following conditions:
1.  Any steam rooms and saunas on the premises must be closed.
2.  Clubhouses must be closed, except,
i.  for the purpose of serving food or beverages to members or patrons in accordance with section 1 of this Schedule,
ii.  for the purpose of being used by appointment as event or meeting space in accordance with section 4 of Schedule 1, or
iii.  to the extent they provide access to equipment storage, a change room, shower room or washroom or a portion of the facility that is used to provide first aid.
(24) Section 21 of Schedule 2 to the Regulation is revoked and the following substituted:
Camps for children
21. Day camps for children and overnight camps for children are closed.
(25) Section 23 of Schedule 2 to the Regulation is revoked and the following substituted:
Photography studios and services
23. Photography studios and services may open if they comply with the following conditions:
1.  If the studio or the place where the service is provided is indoors, individuals must be actively screened in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the establishment.
2.  The person responsible for the studio or service 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.
(26) Paragraphs 1 and 2 of section 25 of Schedule 2 to the Regulation are revoked and the following substituted:
1.  Spectators must be seated at all times while watching the concert, event, performance or film.
2.  The number of members of the public at a concert, event, performance or movie within the concert venue, theatre or cinema at any one time must not exceed 50 per cent of the usual seating capacity for the concert, event, performance or movie.
(27) Paragraph 4 of section 25 of Schedule 2 to the Regulation is amended by adding the following subparagraph:
ii.1  to purchase admission,
(28) Paragraph 5 of section 25 of Schedule 2 to the Regulation is revoked and the following substituted:
5.  The person responsible for the concert venue, theatre or cinema must post a sign in a conspicuous location visible to the public that states the capacity limits under which the concert venue, theatre or cinema is permitted to operate.
5.1  Every member of the public who is outdoors at a concert, event, performance or movie 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, or are seated with members of their own household only, and every member of the household is seated at least two metres from every person outside their household.
(29) Section 25 of Schedule 2 to the Regulation is amended by adding the following subsection:
(2) For the purposes of paragraph 5.1 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, members of the public 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.
(30) Section 26 of Schedule 2 to the Regulation is revoked and the following substituted:
Drive-in or drive-through venues
26. Outdoor drive-in or drive-through concert venues and theatres, drive-in cinemas, and drive-in or drive-through museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions may open if they comply with the following conditions:
1.  Each person in attendance at the drive-in or drive-through venue, must remain within a motor vehicle designed to be closed to the elements except,
i.  where necessary to purchase admission,
ii.  where necessary to use a washroom, or
iii.  as may otherwise be required for the purposes of health and safety.
2.  The driver of a motor vehicle at the drive-in or drive-through venue must ensure that it is positioned at least two metres away from other motor vehicles.
(31) Section 27 of Schedule 2 to the Regulation is amended by adding the following subsection:
(0.1)  Indoor museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions are closed.
(32) Paragraphs 1 and 2 of subsection 27 (1) of Schedule 2 to the Regulation are revoked and the following substituted:
1.  The number of members of the public at a seated event or activity within the attraction at any one time must not exceed 50 per cent of the usual seating capacity for the event or activity.
(33) Paragraph 4 of subsection 27 (1) of Schedule 2 to the Regulation is amended by adding the following subparagraph:
ii.1  to purchase admission,
(34) Paragraphs 5 and 6 of subsection 27 (1) of Schedule 2 to the Regulation are revoked and the following substituted:
5.  If a concert, event, performance or movie is held at the attraction, the conditions in sections 24 and 25 apply with respect to the concert, event, performance or movie.
(35) Subsection 27 (2) of Schedule 2 to the Regulation is revoked.
(36) Section 29 of Schedule 2 to the Regulation is revoked and the following substituted:
Racing venues
29. (1) Indoor horse racing tracks, car racing tracks and other similar venues are closed.
(2) Outdoor horse racing tracks, car racing tracks and other similar venues may open if they comply with the following conditions:
1.  The number of members of the public in the venue at any one time must not exceed 50 per cent of the usual seating capacity of the venue.
2.  No member of the public may enter the venue unless they have made a reservation to do so.
3.  No member of the public may be permitted to enter the indoor premises of the venue, except,
i.  to access a washroom,
ii.  to access an outdoor area that can only be accessed through an indoor route,
iii.  to purchase admission,
iv.  to engage in retail sales,
v.  to place a bet or pick up winnings, or
vi.  as may be necessary for the purposes of health and safety.
4.  Every member of the public in an outdoor area of the venue 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, or are seated with members of their own household only, and every member of the household is seated at least two metres from every person outside their household.
5.  The person responsible for the venue must post a sign in a conspicuous location visible to the public that states the capacity limits under which the venue is permitted to operate.
6.  The person responsible for the venue must prepare a safety plan in accordance with section 3.3 of Schedule 1.
(3) For the purposes of paragraph 4 of subsection (2), 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, spectators 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.
(37) Section 30 of Schedule 2 to the Regulation is amended by adding the following subsection:
(0.1) Indoor amusement parks and waterparks are closed.
(38) Paragraphs 1 to 3 of subsection 30 (1) of Schedule 2 to the Regulation are revoked and the following substituted:
1.  The number of members of the public at a seated event or activity within the park at any one time must not exceed 50 per cent of the usual seating capacity for the event or activity.
2.  If a concert, event, performance or movie is held at the park, the conditions in sections 24 and 25 apply with respect to the concert, event, performance or movie.
(39) Paragraph 5 of subsection 30 (1) of Schedule 2 to the Regulation is amended by adding the following subparagraph:
ii.1  to purchase admission,
(40) Paragraph 6 of subsection 30 (1) of Schedule 2 to the Regulation is revoked.
(41) Subsection 30 (2) of Schedule 2 to the Regulation is revoked.
(42) Section 31 of Schedule 2 to the Regulation is amended by adding the following subsection:
(0.1)  Indoor fairs, rural exhibitions, festivals and similar indoor events are closed.
(43) Paragraphs 1 to 3 of subsection 31 (1) of Schedule 2 to the Regulation are revoked and the following substituted:
1.  The number of members of the public at a seated event or activity within the facility at any one time must not exceed 50 per cent of the usual seating capacity for the event or activity.
2.  If a concert, event, performance or movie is held at the facility, the conditions in sections 24 and 25 apply with respect to the concert, event, performance or movie.
(44) Paragraph 5 of subsection 31 (1) of Schedule 2 to the Regulation is amended by adding the following subparagraph:
ii.1  to purchase admission,
(45) Paragraph 6 of subsection 31 (1) of Schedule 2 to the Regulation is revoked.
(46) Subsection 31 (2) of Schedule 2 to the Regulation is revoked.
(47) Section 32 of Schedule 2 to the Regulation is amended by adding the following subsection:
(0.1)  Businesses that provide indoor tour and guide services are closed.
(48) Paragraph 3 of subsection 32 (1) of Schedule 2 to the Regulation is revoked and the following substituted:
3.  The persons on the tour must remain outdoors at all times, except,
i.  to access a washroom,
ii.  to access an outdoor area that can only be accessed through an indoor route,
iii.  to purchase admission,
iv.  to engage in retail sales, or
v.  as may be necessary for the purposes of health and safety.
(49) Paragraph 1 of section 33 of Schedule 2 to the Regulation is amended by striking out “25 per cent” and substituting “50 per cent”.
(50) Paragraph 4 of section 33 of Schedule 2 to the Regulation is amended by adding the following subparagraph:
ii.1  to purchase admission,
(51) Subsection 34 (2) of Schedule 2 to the Regulation is revoked.
(52) Section 35 of Schedule 2 to the Regulation is revoked.
3. (1) Subsection 1 (1) of Schedule 3 to the Regulation is revoked and the following substituted:
Gatherings
(1) Subject to subsection (2) and sections 2 to 6, no person shall attend,
(a)  an organized public event of more than 5 people if the event is held indoors;
(b)  a social gathering of more than,
(i)  5 people if the event is held indoors, or
(ii)  10 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)  5 people if the event is held indoors, or
(ii)  10 people if the event is held outdoors.
(1.1) For greater certainty, every person in attendance at an indoor or outdoor organized public event must wear a mask or face covering in a manner that covers their mouth, nose or chin unless they are subject to an exception set out in subsection 2 (4) of Schedule 1.
(2) Subsections 1 (4) and (5) of Schedule 3 to the Regulation are revoked.
(3) Clause 3 (b) of Schedule 3 to the Regulation is revoked.
(4) Paragraph 1 of subsection 4 (2) of Schedule 3 to the Regulation is amended by striking out “25 per cent” and substituting “50 per cent”.
(5) Schedule 3 to the Regulation is amended by adding the following section:
Gathering in motor vehicles for religious service, rite or ceremony
6. (1) This section applies with respect to gatherings for the purposes of a religious service, rite or ceremony if the persons attending the gathering, other than those conducting the service, rite or ceremony, do so in a motor vehicle.
(2) No person shall attend a gathering to which this section applies unless the person follows all of the following precautions that apply to the person:
1.  Each person attending the gathering, other than the persons conducting the service, rite or ceremony, must remain within a motor vehicle that is designed to be closed to the elements, except,
i.  where necessary to use a washroom, or
ii.  as may otherwise be necessary for the purposes of health and safety.
2.  The driver of a motor vehicle must ensure that it is positioned at least two metres away from other motor vehicles.
3.  A person who ordinarily uses a non-motorized vehicle because of their religious belief and who attends the gathering must remain within their non-motorized vehicle except where necessary to use a washroom or as may otherwise be required for health and safety, and paragraph 2 applies with necessary modifications.
4. Schedule 4 to the Regulation is revoked.
Commencement
5. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.
(2) Subsections 2 (5) and (16) and section 4 come into force on January 17, 2022.
 
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