Easing of some health measures affecting Ontario CondoLand

On January 20, 2022, Ontario announced the easing of some public health measures affecting CondoLand over the next 3 months.

At the time of publication, we only had access to the press conference and press release but expect to know more once any new regulation is published by the province. In the meantime, below is a summary of what is to be expected, as it relates to CondoLand.

January 31, 2022

As early as January 31, 2022, the following public health measures affecting condos are expected to be implemented:

• Social gathering limits will be increased to:
  •  10 people indoors
  • 25 people outdoors.

[There appears to be no gathering limits on outdoor “organized public events”.  There is still a lack of clarity on when a social gathering becomes an organized public event].

• The following amenities are expected to be authorized to open with a 50% capacity:
  •  Indoor sports and recreational fitness facilities, including gyms and pools;
  • Indoor recreational amenities.

While there is a dissenting opinion out there, the consensus from condo lawyers is that measures applicable to recreational, sports and fitness amenities apply to condominiums.  Naturally, when the regulation is published, we will be able to further opine on whether anything has changed.

Masking, screening and other Step-2 measures are expected to continue to apply.  Consult our COVID Tool to learn more about these measures.

Naturally, as repeatedly stated over the last 2 years, condo corporations can be more restrictive and are ultimately responsible to take reasonable steps to ensure the reasonable safety of their occupants and to manage, control and administer common elements.  Condo corporations should consult with their favourite condo lawyer for more guidance on this.

February 21, 2022

As early as February 21, 2022, the following public health measures affecting condos are expected to be implemented:

• Social gathering limits will increase to:
  •  25 people indoors
  • 100 people outdoors (with the same caveat on outdoor “organized public events” as flagged above)

• Ontario announced that it would lift capacity limits on indoor sports and recreational facilities but the press release expressly provides that to be the case where proof of vaccination is required.  The consensus in the condo legal industry is that verification of proof of vaccination is not mandated in condominium setting.  So, we need to see the regulation to better understand whether capacity limits will also be lifted in condominium settings.

We expect that all other Step-2 measures to continue to apply.  Consult our COVID Tool to learn more about these measures.

March 14, 2022

This is looking a little too far out in my opinion, but if all goes according to plan, the following health measures affecting condos will be implemented as of March 14, 2022.

• Social gathering limits will increase to:
  • 50 people indoors
  • no limits on outdoor gatherings

We will keep an eye out for the regulation and will update our readers as soon as possible

For now, here is a link to the press release.