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Toronto moves to Stage 3 and Requires Masks in Condos!

Did you feel the earth shake yesterday?

  • Ontario gave Toronto and Peel Region the green light to move to Stage 3 (with the rest of the province), effective July 31;
  • Toronto passed a by-law making masks mandatory in all condo interior common areas, effective August 5!

Click here for an easy-to-follow chart with your new (post-covid) AGM deadlines and deadlines to send your preliminary notice.

 

Don’t miss our Holiday webinar on December 2, at 5 pm: A year in review, preparing your condo for the holiday season and, a tribute to Alex Trebek: our very own Jeopardy! condo gameshow! More info and registration here.

What does Stage 3 mean?

Generally speaking, Stage 3 means as follows:

  • Indoor gathering limits are set at a maximum of 50 people
  • Outdoor gathering limits are set at a maximum of 100 people
  • Gathering limits continue to be subject to physical distancing requirements (2 metres)
  • Most business and public spaces are allowed to reopen (with proper public health and workplace safety measures/restrictions). This means indoor dining in restaurants, live performing art shows, movie theatres, playgrounds and… fitness centres.

The only area left behind in Stage 2 will be Windsor-Essex, as the region is reported to be struggling with outbreaks, mainly among farm  workers.

Can we open the gym?!

We expect all Toronto/Peel condos (and others) to now turn their minds to whether they can open their gym.

We’ve blogged already about this already, but keep in mind the following.

Regardless of what Stage your area is in, and despite Ontario having technically declared the emergency to an end earlier this week, condo corporations continue to have a duty and the authority to control, manage and administer the common elements and, as occupier of the common elements, they have a duty to take reasonable steps to ensure the reasonable safety of those entering the premises.

Stated otherwise, provided that they act reasonably, diligently and with the care of a reasonably prudent person, your board has the last word on when to reopen the amenities and under what conditions.  Boards of directors should really seek professional advice on this.

Mandatory Mask in Condos

In our last post on the topic, we guessed that we’d be speaking (again) about masks in condos. Well, here it is: yesterday, Toronto has passed a by-law making masks mandatory to everyone entering entering or remaining in interior common areas. Naturally, the by-law provides for some exceptions (such as young children, or people with underlying medical conditions or disabilities). The original by-law (being amended) can be consulted here.

Common areas are defined under this by-law as including lobby, elevator, laundry room, meeting rooms or other common use facilities.

Under this amended by-law, condo corporations must:

  • Adopt a mandatory mask policy; and,
  • Post at all entrances visible signage including text provided under the by-law.

Contact your favourite condo lawyer if you need assistance with the drafting of such a policy.  Time is running out as the amended by-law is effective August 5!

Who wants to best an ice cream cone with me that Ottawa is next to follow suit?

 

Updated July 30, 2020