COVID-19 Bulletin No. 36: Ontario Moved Back To Colour-Coded Restrictions

Updated on February 18, 2021

The Ontario government have begun to phase regions back into the province’s colour-coded reopening framework and effective as of February 16, 2021, there will be a number of regions exiting the stay-at-home order. Toronto, Peel Region, York Region and North Bay Parry Sound are set to remain under the stay-at-home order until at least February 22, 2021.

What zone is my region in under the new COVID-19 reopening framework?

1. Grey – Niagara Region.
2. Red – Chatham-Kent, Hamilton, Durham, Halton, Middlesex-London, Waterloo, Simcoe-Muskoka, Southwestern, Thunder Bay, Wellington-Dufferin Guelph and Windsor-Essex.
3. Orange – Brant, Eastern Ontario, Haldimand-Norfolk, Haliburton, Kawartha, Pine Ridge, Huron, Lambton, Ottawa, Porcupine and Sudbury.
4. Yellow – Algoma, Grey-Bruce, Northwestern and Peterborough.
5. Green – Leeds, Grenville, Lanark, Timiskaming, Kingston, Frontenac, Lennox and Addington, Hasting Prince Edward and Renfrew County.

What is restricted under the updated colour-coded framework in each “zone”?

For more information, click here.

What recommendations do Public Health offer to organizations?

All open businesses and organizations must:

• screen employees (use the COVID-19 Screening Tool);
• post signs at all entrances informing people how to screen themselves for COVID-19 before entry;
• limit capacity to ensure physical distancing can be maintained;
• make sure anyone indoors wears a mask or face covering, including workers who have to come within 2 metres of anyone else;
• make sure workers use personal protective equipment (PPE) that protects their eyes, nose and mouth when they have to come within 2 metres of anyone who is not wearing a mask or face covering or separated by plexiglass;
• clean and disinfect often-touched surfaces, such as equipment, washrooms, locker rooms, change rooms and showers; and,
• create a safety plan, post it in a place where workers and patrons will see it and have it available upon request (for example, to inspectors or law enforcement officers)

Should masks still be worn even if restrictions have eased?

Yes. The provincial rule on masks remains unchanged. Unless you are exempt from wearing a mask, one must be worn while in all indoor areas of any business or organization.

O. Reg. 364/20 provides that a face covering must be worn in a manner that covers the mouth, nose and chin in any common areas of the premises in which a person is unable to maintain a physical distance of at least two metres from another person. It is now recommended that masks be worn outdoors when you cannot physically distance more than two metres.

It is important to note that your municipality or condominium corporation may have adopted a stricter rule. For example, the City of Toronto adopted By-law 541-2020, making it a mandatory requirement to wear a face covering while in all indoor public spaces and in common areas within a condominium building, even if physical distance can be maintained between persons.

Can a Condominium Corporation pass a Mask Policy if the municipality does not have a mask by-law in place?

Yes, a Condominium Corporation can implement a policy that can be passed by way of Board Resolution. Some municipalities, such as Toronto, have made it mandatory for condominiums to adopt such a policy.

The policy must outline its rational and enforcement. The policy would remain in place until further notice, following the guidance of Public Health Authorities. A Corporation must also consider exceptions for those individuals exempt from wearing a mask.

Please refer to our previous COVID-19 Bulletins on proper protocols and procedures to be implemented and followed by condominium corporations.

Please also ensure that you speak with your legal counsel if you do not already have COVID-19 protocols and policies in place to help manage the risk of transmission of the virus within your condominium community and require assistance with respect to drafting and/or implementing the same.

If you have any questions, please do not hesitate to contact anyone on our team:

All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.

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