Colour Classification:

RED (Control)

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

Screening:

The corporation must follow any advice, recommendations and instructions 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.

Safety plan:

The regulations applicable to this zone 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.

Public Gatherings

The following are the gathering limits at organized public event or social gathering:

• 5 indoors
• 25 outdoors

Gathering restrictions are increased to 10 people indoor for meeting or event space venues. There are other restrictions applicable to these venues.

These restrictions do not apply to people from the same household. All participating to such gathering shall comply with public health guidance on physical distancing.

These restrictions apply to in-person AGMs but also to in-person board meetings.  It is time to hold all of these virtually.

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

• For now, a person falling within one of these exceptions is not required to present evidence demonstrating that they fall within said exceptions. That is not to say, in our view, that the Corporation cannot require adequate documentation where an accommodation is being sought in circumstances where the failure to wear a mask puts at risk other occupants. 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.

Keep in mind that condos can (and many have) adopted more restrictive mask policies. Occupants must comply with any of the above mask-related requirement.

Gyms / Fitness Rooms:

• Gym and fitness rooms can open (including sections with weights and machines).

• Maximum number of users at any given time in the room must allow 2 metres between users.

• Maximum number of users in an area with weights or exercise machines must allow at least 3 metres between users and be restricted to a maximum of 10 people.

• Maximum numbers of users allowed at an indoor class is 10 with at least 3 metres distance between them.

• Masks must be worn except when exercising;

• The name and contact of every user must be recorded. Contact lists need to be stored for at least one month. The list may only be disclosed to a medical officer of health or an inspector as prescribed by law;

• Users have to book a reservation before entering the facility (no “walk-ins”);

• Users cannot stay at the facility longer than 90 minutes;

• Any instructions given to a class or organized activity must be delivered through a microphone (or without needing to raise one’s voice beyond normal conversation level). The activity must not encourage loud talking, singing or shouting;

• No spectators are permitted (with some exceptions for parents/guardians);

• Team sports or activities likely to result in individuals coming within 2 metres of each other must not be practised;

• Locker rooms, change rooms and showers must be closed, except to the extent they provide access to equipment storage, washrooms or to provide first aid.  This does not apply to facilities with water features – see section on Pools below;

• Equipment provided to users must be cleaned and disinfected between each user (this includes weights and exercise machines). Equipment that cannot be cleaned between users cannot be used;

• Music played must not exceed a decibel level at which normal conversation is possible (condos may have other rules on this).

Pools, Whirlpools and Saunas:

The following provincial regulations apply to Health Units in Red Zones:

• Pools, splash pads, spray pads, whirlpool, wading pools and water slides may be open.

• Washrooms, locker rooms, change rooms, showers or similar amenities used in association with the use of the above water features must be cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.

• Steam rooms and saunas must be closed. Sensory deprivation pods must be closed unless they are used for therapeutic purposes prescribed by a regulated health professional.  In our view, public baths, hot tubs and floating pools must be closed. While the regulation does not expressly deal with these, they are not expressly in the allowed list of pools and water features.

• Sensory deprivation pods must be closed, unless they are used for a therapeutic purpose prescribed by, or administered by, a regulated health professional.

• Equipment must be cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.

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.

Real Estate Open houses

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

 

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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 Feb. 16, 2021

(Based on O. Reg. 263/20 as of Feb 16, 2020)