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UPDATED - BREAKING COVID-19 NEWS: WHAT WE KNOW ABOUT THE NEW STAY AT HOME ORDER AND O. REG 11/21

In response to a doubling in COVID-19 cases over the past two weeks, the real and looming threat of the collapse of the province's hospital system and alarming risks posed to long-term care homes as a result of high COVID-19 transmission rates, the Ontario government, in consultation with the Chief Medical Officer of Health and other health experts, declared a second provincial emergency under s 7.0.1 (1) of the Emergency Management and Civil Protection Act (EMPCA).

To this effect, Ontario has now passed Regulations 10/21 and 11/21 which attempt to clarify the new restrictions related to the new general "stay at home" directive from the Provincial government. 

When and where do the Orders Take Effect?
The Regulations will apply effective on Thursday January 14, 2021.

The enhanced public health and workplace safety measures are in effect for all of Ontario and are anticipated to be in place until at least Thursday February 11, 2021.

Stay At Home Direction
According to the Regulation 11/21, every individual is required to remain in their place of residence at all times unless leaving for one or more of the following purposes:

1) Work, school, and Childcare. Work only includes jobs where the employer has determined that the nature of work requires the individual’s attendance at the workplace.

2) Obtaining goods or services. This includes getting food, beverages or personal care items. This also includes attending appointments or businesses that are permitted to remain open.

3) Assisting others. This includes delivering goods or providing care to others who require it.

4) Health, safety and legal purposes. This includes doing anything necessary to respond to or avoid an imminent risk to health or safety. This also includes exercising or using an outdoor recreational amenity that is permitted to be open.

5) Multiple residences and moving. This includes if you are travelling to your own residence and you intend to stay there for 14 days or more.

6) Travel. Travelling to an airport, bus station or train station for the purpose of travelling outside of the province.

7) Gatherings. Attending weddings, funerals, or religious services that is permitted under the Stage 1 Order. This also includes gathering with members of one other household, only if you live alone.

8) Animals. Obtaining goods or services that are necessary for the safety of an animal. This includes picking up food, attending veterinary services, or walking your animal.

It is important to note that this Regulation does not apply to individuals who are homeless.

We are still waiting on finalized legislation for schools, what businesses are “essential” and other business restrictions, in particular within the construction industry. There has been some confusion surrounding what the stay at home order will impose. A Government of Ontario resource can be found here to answer some questions. We try to summarize the main points for you below:

General Public Health Measures for all Businesses, Organizations, and Facilities Regulation 10/21:

• The stay-at-home direction and regulation does not define what work or jobs are essential, the government said. Rather, it now mandates that anyone who can work from home must now do so. The government said it can’t review millions of job descriptions to determine who can work from home. They said they are relying on the “best judgement and common sense of employers” to make those decisions.

• While there is no update at this point to the list of essential businesses, you can review our previous blog which sets out essential businesses that were determined in March 2020.

• All non-essential retail stores, including hardware stores, alcohol retailers, and those offering curbside pickup or delivery, must open no earlier than 7 a.m. and close no later than 8 p.m. The restricted hours of operation do not apply to stores that primarily sell food, pharmacies, gas stations, convenience stores, and restaurants for takeout or delivery.

• Entertainment businesses are closed, including drive-in or drive-through events.

• Non-essential construction is further restricted, including below-grade construction, exempting survey. Click here and/or see the bottom this this article for a full list of construction projects that are deemed essential.

General Public Health Measures for all Individuals and Organized Public Events:

• Outdoor organized public gatherings and social gatherings are further restricted to a limit of five people with limited exceptions. This is consistent with the rules during the lockdown during the first wave of COVID-19 in spring 2020 and will allow individuals and families to enjoy time outdoors safely.

• Individuals are required to wear a mask or face covering in the indoor areas of businesses or organizations that are open. Wearing a mask or face covering is now recommended outdoors when you can't physically distance more than two metres.

Policies for Schools and Child Care Centres:

Schools in the following public health units will not return to in-person instruction until February 10, 2021:

• Windsor-Essex
• Peel Region
• Toronto
• York
• Hamilton

The following new health and safety measures will be put in place for in-person learning:

• Masking for Grades 1-3 and requirements for mask wearing outdoors;
• Enhanced screening protocols; and
• Expanded targeted testing.

What is Considered “Essential Construction Services”

The Ontario government has updated the list of construction projects deemed essential:

• Permitted construction activities or projects and related services, including land surveying and demolition services.

• Construction projects and services associated with the healthcare sector and long-term care, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space.

• Construction projects and services required to ensure safe and reliable operations of, or to provide new capacity in, provincial and municipal infrastructure, including transit, transportation, energy, mining and justice sectors beyond the day-to-day maintenance.

• Construction projects and services that support the operations of, and provide new capacity in schools, colleges, universities, municipal infrastructure and child care centres within the meaning of the Child Care and Early Years Act, 2014.

• Construction projects under the Investing in Canada Infrastructure Program

• Construction projects and services that support the operations of Broadband internet and cellular technologies and services.

• Critical industrial construction activities required for,

• the maintenance and operations of petrochemical plants and refineries,

• significant industrial petrochemical projects where preliminary work has already commenced,

• industrial construction and modifications to existing industrial structures limited solely to work necessary for the production, maintenance, and/or enhancement of Personal Protective Equipment, medical devices (such as ventilators), and other identified products directly related to combatting the COVID-19 pandemic.

• Construction projects that are due to be completed before July 2021 and that would provide additional capacity in the production, processing, manufacturing or distribution of food, beverages or agricultural products.

• Construction projects that were commenced before January 12, 2021, and that would,

• i. provide additional capacity for businesses that provide logistical support, distribution services, warehousing, storage or shipping and delivery services, or

• ii. provide additional capacity in the operation and delivery of Information Technology (IT) services or telecommunications services.

The team at CCP will continue to monitor the new lockdown measures and will update this blog as further information becomes available and legislation comes into force.