Public Health Unit: Toronto

UPDATE: On November 20, 2020, Ontario announced that it was moving Toronto and Peel Health Unit regions into “lockdown”. The province indicated that these necessary measures were being taken to limit community transmission of COVID-19 in order to keep schools open, safeguard health system capacity, and protect the province’s most vulnerable populations. The new restrictions are expected to become effective on November 23, 2020.

See our blog post on the new lockdown restrictions.

We are still waiting for the new regulation to be issued. We will update our pages shortly. In the meantime, below are this region’s restrictions as they existed on November 20, 2020.

Colour Classification:  RED (Control)

In addition to Ontario’s general requirements outlined under the Red-Control level (O. Reg. 263/20), Toronto has issued its own enhanced measures.

AGMs:

Provincial measures

The following are the gathering limits at organized public event or social gathering (which, in our view, includes AGMs, owners meetings and board meetings) are:

• 10 indoors
• 25 outdoors

Additional Toronto enhanced measure

In addition to the above provincial restrictions, Toronto’s enhanced measures provides as follows:

• meeting and event spaces shall remain closed as of November 14, 2020, as per the order made by Toronto’s Medical Officer of Health.

• Social gatherings must be limited to household members only and/or 1 or 2 essential supports.

• Close contacts must be restricted to household members only.

• Visits to private homes must be eliminated, unless for emergency reasons, one-on-one teaching (e.g., tutoring), emergency repairs, renovations or construction.

• In-person activities outside the home must be limited to essential activities only.

• Cancel or hold virtually all in-person activities that are discretionary.

Masks:

Provincial measures

The provincial regulation on masks in interior common elements apply in Toronto but have been supplemented by the following municipal by-law. You can read on the provincial mask regulation by visiting the general Red Zone Sheet.

Additional Toronto enhanced measure

Toronto has adopted masks by-laws (By-law 541-2020 and By-law 542-2020) which are more restrictive than the provincial regulation on same.

• Condo corporations must adopt a policy to ensure that all who enter or remain in interior common elements wear a mask. Interior common elements include Common areas are defined under this by-law as including lobby, elevator, laundry room, meeting rooms or other common use facilities. The Corporation must provide a copy of the policy for inspection upon request.

• The mast must covers mouth, nose and chin.

• The policy shall ensure that all persons working at the corporation are trained in the requirements of the policy and the By-Law.

• The policy must provide for exceptions such as:

• • Children under the age of two;

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

• • People being reasonably accommodated in accordance with the Human Rights Code

• • People who are unable to put/remove#use 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

• The policy shall not require employees or members of the public to provide proof of any of the exceptions.

• The policy shall require employees to wear a mask or face covering when working in the enclosed space.

• The Operator shall post the following text at all entrances:

• • “All persons entering or remaining in these premises shall wear a mask or face covering which covers the nose, mouth and chin as required under the City of Toronto By-Law 541-2020”

Furthermore, the City of Toronto’s Guidance for Commercial and Residential Buildings (last updated October 30, 2020) requires that staff should wear a non-medical mask during a visit into a tenant’s unit or guest’s room.

You may also want to consult our blog on the provincial regulation on masks.

Gyms / Fitness Rooms:

Provincial measures

The following are the provincial restrictions applicable to Toronto:

• 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 and cannot exceed 10 people.

• 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.

• Sports may only be practised if they do not allow for physical contact between players.

• Equipment provided to users must be cleaned and disinfected between each user.

• 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).

• Masks must be worn except when exercising.

• A safety plan must be prepare and made available.

• The name and contact of every user must be recorded. Contact lists need to be confidentially stored for at least one month. The list may only be disclosed as prescribed by law.

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

• Users must be screened (answer covid-related questions).

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

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

• 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.

Additional Toronto enhanced measure

In addition to these provincial restrictions, Toronto’s enhance measures provides that all fitness classes are closed.

The City of Toronto’s Guidance for Commercial and Residential Buildings (last updated October 30, 2020) also recommends for indoor amenities including gyms to

• Schedule access through use of designated timeslots.

• Allow extra time between usage for cleaning and disinfecting of high-touch surfaces and equipment.

• Use floor markings, pylons, or signs to encourage staff/residents/guests to maintain physical distancing PDF while using amenities.

• Limit gathering size to no more than 10 people indoors and 25 people outdoors.

• Remind that use of mask is required in all indoor spaces.

• Designate and clearly mark specific, separate entrances and exits for staff, tenants and guests as appropriate, and only permit entry and exit through these doors.

• Keep doors and windows open, where possible, to minimize the touching of door handles and increase ventilation, while maintaining the appropriate security.

Pools, Whirlpools and Saunas:

Provincial measures

Pools, whirlpools and saunas are regulated under at the provincial level under O. Reg. 263/20 (Schedule 2, section 19). The following applies to this Health Unit:

• Steam rooms and saunas are closed.
• Pool, splash pad, spray pad, whirlpool or wading pool may be open.
• Locker room, change room or showers used in conjunction with these may be open for that purpose. They must cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.
• Any equipment provided must be cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.

Additional Toronto enhanced measure

In addition to the provincial requirements,the City of Toronto provided additional COVID-19 Guidance for Recreational Water Facilities (revised October 27, 2020), which includes that

• Masks must be worn on the recreational water facility deck and in other areas of the facility.
• Masks can be temporarily removed while swimming.

Other general measures:

Toronto’s Public Health’s COVID-19 Guidance for Commercial or Residential Buildings (last updated October 30, 2020) provides other recommendations for condominiums, including for physical distancing in elevators, shared laundry rooms, hand hygiene, indoor and outdoor amenities, workplace health and safety, heating, ventilation and HVAC systems

Measures applicable to employers

As per the November 13, 2020 letter of instruction by Toronto’s Medical Officer of Health, employers are required to implement the following measures (in addition to other provincial measures):

• A regular review of heating, ventilation, and air conditioning (HVAC) systems to ensure they are functioning and in good working order.

• Appropriate infection prevention and control measures in all areas accessible to the public, including washrooms, check-out counters, concession stands, and other high-touch surfaces.

• Appropriate work from home procedures, and the implementation of work from home wherever possible.

• The appointment of a compliance officer to ensure implementation of safety plan, and all required and recommended occupational health and safety and infection prevention and control measures.

• Policies prohibiting the consumption of food or drink by members of the public in non-food and drink establishments (where masks are required), including retail stores and malls.

 

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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 Nov. 12, 2020