Colour Classification:

SHUTDOWN

The province is expected to be under “Shutdown” until June 14, 2021.  Shutdown is the strictest level of COVID-restrictions in Ontario.

Below are some of the condo-related restrictions applicable to Public Health Units currently in Shutdown restrictions.  Municipalities and condo corporations can adopt more restrictive measures. It is important to confirm what restrictions are applicable to you.

Summary of Shutdown restrictions

• Outdoor gathering limited to 5 people;

• No indoor organized public events or social gatherings of any kind;

• Masks are required in indoor common elements (with usual exceptions, read below);

• Gym, pools and all other indoor/outdoor recreational amenities must be closed;

• Outdoor splash pads and spray pads can be opened but not the pools;

• The corporation must place signs by entrances informing individuals on how to screen themselves before entering the premises and must actively screen everyone who works on the premises;

• Have your staff and management work from home if possible unless the nature of their work requires them to be on-site at the workplace; and,

• Condo corporations should consider limiting any non-essential work in both units and common elements.

Public Gatherings

Indoor organized public events or social gathering are not permitted (except when involving people from the same household, people living alone joining another household or care providers).

Outdoor gathering are limited to 5 people.

These gathering limits apply whether the meeting is held at the corporation, in a private dwelling or at a venue renting meeting space.

Naturally, this applies to in-person AGMs but also to in-person board meetings (unless you meet outside).  It is time to hold all of these virtually.

Any other form of organized social event at the condo should be cancelled.

Screening:

The corporation must follow all advice, recommendation and instruction issued by the Chief Medical Officer or any other public health official.

The corporation must post signs at all entrances to the premises, in a conspicuous location visible to the public, that inform anyone on how to screen themselves. In our view, this obligation appears to refers to an invitation to anyone entering the premise to self-screen and does not appear to impose on the corporation an obligation to track or report this information.

The corporation must actively screen every person who works on the premises.

Masks:

The following provincial mask requirements apply to Health Units in this zone:

• The condo must ensure that everyone entering or remaining in interior common areas wear a mask where it is not possible to maintain a physical distance of at least two metres (think of elevators and hallways where it would be impossible to maintain the required 2 metre distance, for instance).

• The mask must cover the nose, mouth and chin.

• There are exceptions to this requirement for:

• • Children under the age of two

• • People with medical conditions that inhibit their ability to wear a mask or face covering

• • People being accommodated in accordance with the Accessibility for Ontarians with Disabilities Act or in accordance with the Human Rights Code

• • People who are unable to put/remove their mask without assistance

• • People requiring to temporarily remove their mask for instance while engaging in an athletic/fitness activity, for health/safety reasons, or to consume food/drink

• • People who perform work for the organization, are in an area that is not accessible to members of the public and are able to maintain a two meter distance

• While those seeking to be exempt may not have to present evidence demonstrating that they fall within said exceptions, the courts have recently clarified that those exempt from wearing a mask can be prevented from circulating on interior common elements for any purpose other than egress and ingress by the most direct route. This is a complicated and delicate area of the law and legal advice should be sought;

• The above obligations related to masks apply to both the individuals (who have an obligation to wear them) and the corporation (who must ensure it is done).

We have blogged already about the provincial regulation on masks.

Municipalities and condos can adopt more restrictive measures, for instance requiring a mask in interior common areas even in places where occupant can maintain the 2 metre distances. In our view, it is best to adopt a mask policy for interior common elements in all condos where there are interior common elements.

Gyms / Fitness Rooms:

• All indoor or outdoor fitness or recreational facilities must be closed. In our view, this applies to condo fitness amenities even to those who have very small, semi-private fitness rooms. We say this as this closure order applies to both businesses (under Schedule 2 of the regulation) and to “Places” (Schedule 3).

• There are a few “limited exceptions” for professional and elite training as well as for children and early years facilities and those providing social and mental health support services.

• Fitness amenities may but do not have to open for the purpose of accommodating persons with disabilities who have received a written instruction for physical therapy from a regulated health professional who is qualified to provide the instructions and they are unable to engage in physical therapy elsewhere. There are strict requirements in such cases that the corporation must abide by, including health and safety protocols, name recording, screening etc.

Pools, Whirlpools and Saunas:

Outdoor splash pads and spray pads can open. Users must be able to maintain the usual 2 metre distance and no contact or team sport can be played. Locker /change / shower rooms must be closed except to the extent the allow access to first aid or washrooms.

All other indoor or outdoor water feature recreational amenities must be closed.  This includes pools, steam rooms and saunas, etc.

Outdoor recreational amenities

All outdoor recreational amenities must be closed, except:

• parks, park benches, off leash parks;

• play structures;

• golf courses, tennis courts, skateboarding, sports fields…. etc.

• No outdoor sports or recreational classes are permitted;

• There are strict requirements to be followed, including ensuring a 2-metre distance. Locker rooms, change rooms, showers must be closed except to the extent they are used to access washroom, equipment or first aid.

Lockers, Change Rooms & Showers

Locker rooms, change rooms, showers and clubhouses must be closed, except to the extent they provide access to a washroom or a portion of the amenity that is used to provide first aid.

Short-term rentals

Other than for hotels, motels, lodges, resorts and the likes, any short-term rental must be limited to providing accommodations to individual who are in need of housing.

We recommend you close your guest suites and owners should not offer their units on a short-term basis.

Libraries

There are strict restrictions surrounding public library, including requiring that curbside pickup and return or material; not allowing users in the book stacks or to handle shelved materials and properly disinfecting or quarantining books upon return. It may be simpler for condo corporations with a communal library to close it for now.

Real Estate Open houses

Open house showings are prohibited but real estate agencies can show properties by appointment.

Cleaning and disinfecting

Any washrooms that is made available to the public must be cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.  The same is true for any equipment that is provided for the use of members of the public, including electronics and other machines or devices that members of the public are permitted to operate. We’re thinking of elevator and mircom dial pads.

Non-essential construction work

The following construction activities/work are permitted (amongst others):

• • Repairs required to manage and maintain the safety, security, sanitation and operation of a commercial/residential building are permitted;

• • Residential construction or related projects.

Having said that, condo corporations continue to have a duty to control, manage and administer common elements.  They continue to have the authority to be more restrictive than what the province allows.  Our recommendation at this stage continues to be to consider limiting or delaying any non-essential work in both units and common elements of imposing strict COVID-related precautions. Naturally, this requires some case by case analysis.

List of essential services

The regulation applicable to regions under shutdown mandates the closure of all businesses and places (in our view these restrictions apply to condos) which are not listed in one of the regulation’s schedules. Businesses and places which are permitted to operate must do so under strict restrictions.

The list of essential services/businesses is significantly more detailed than what we saw in the spring of 2020. It includes supply chains, some essential retail stores, pickup and delivery restaurants, restricted access to some shopping malls for limited purposes, garden centres, outdoor markets and some essential services. There are more restricted hours in many cases – you may want to seek advice on this if this applies to you. We will focus on condo-relevant restrictions.

The following are condo-relevant businesses and services which can remain open (provided that they are COVID-compliant and meet all other requirements):

• Maintenance, repair and property management services that manage and maintain the safety, security, sanitation and operation of institutional, commercial, industrial and residential properties and buildings;

• Security services for residences, businesses and other properties;

• Domestic services that support children, senior and vulnerable individual including housekeeping, cooking, indoor and outdoor cleaning and maintenance services. This specific reference to the service being provided to vulnerable individuals lead us to conclude that domestic services for otherwise abled individuals is not permitted in units;

• Laundromats can remain open but condos may still want to consider implementing restrictions around how many occupants can use them, establish schedules and increase cleaning and disinfecting;

• Transportation services including private transportation providers. This will reassure those condos with shuttles services;

• Snow clearing and landscaping services are permitted (it is interesting to note that the Lockdown restrictions do not expressly authorize lawn care services – which are authorized under Grey-Lockdown. We believe this omission may have been a drafter’s oversight or inconsistency. In any event, lawn care service likely falls within landscaping);

• Self-service car washes.

The regulation provides for more essential services and each comes with its own set of rules and restrictions.  Readers should consult the regulation (or a professional with a crystal ball who can read said regulation).

Safety plan:

The Shutdown regulation only imposes on “businesses” the obligation to have a safety plan only. As such, in our view, safety plans are no longer strictly required by condo corporations – although it may continue to be a good practice to have them.

A good safety plan describes the measures and procedures implemented by the corporation to reduce transmission risk of COVID.  The plan can include measures such as screening, physical distancing, wearing of masks, cleaning and disinfecting of surfaces and the wearing of protective equipment.

 

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While we do our best to keep this page up to date and its content accurate, the information above is to be used as a guide only. It is best to consult with legal counsel to ascertain the restrictions and regulations applicable to your condominium.

 

Updated May 22, 2021