January 12, 2020

Ontario Declares Second Provincial Emergency.

As anticipated, the government of Ontario is introducing stricter measures in an effort to reduce the rate of COVID-19 infections occurring throughout the province.

The measures will come into effect between Tuesday January 12, 2021 and Thursday, January 14, 2021.

I am providing a brief top line summary of the measures. The full news release can be found at »» this address on the government of Ontario website.

Workplaces

All non-essential retail stores, including hardware stores, alcohol retailers, and those offering curbside pickup or delivery, must open no earlier than 7 a.m. and close no later than 8 p.m. 

The restricted hours of operation do not apply to stores that primarily sell food, pharmacies, gas stations, convenience stores, and restaurants for takeout or delivery.

Non-essential construction is further restricted, including below-grade construction, exempting survey.

Employees

As I previously advised, the government has increased the number of ESA inspectors and these inspectors will be focussing on workplaces with reported COVID-19 outbreaks, manufacturing businesses, warehouses, distribution centres, food processing operations, construction projects and publicly accessible workplaces deemed essential, such as grocery stores.

An employee who becomes infected with COVID-19 may be entitled to federally funded paid sick leave of up to $500 a week for two weeks. 

NOTE: Workers can also access Canada’s Recovery Caregiver Benefit of up to $500 per week for up to 26 weeks if they are unable to work because they must care for their child under 12 years old or a family member who needs supervised care.

Over the summer, the government enacted a new regulatory amendment that put non-unionized employees on Infectious Disease Emergency Leave during the COVID-19 outbreak any time their hours of work are temporarily reduced by their employer due to COVID-19, ensuring businesses aren’t forced to terminate employees after their ESA temporary layoff periods have expired. 

Under the Safe Restart Agreement, the federal government is funding a temporary income support program that allows workers to take up to 10 days of leave related to COVID-19, preventing the risk of further spread in the workplace and allowing workers to focus on their health.

Schools and Child Care Centres

Schools in the following public health units (PHUs) will not return to in-person instruction until February 10, 2021:

• Windsor-Essex
• Peel Region
• Toronto
• York
• Hamilton

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Schools in northern PHUs will continue to remain open and required to follow new health and safety measures.

Throughout the province, child care centres for non-school aged children will remain open, with new health and safety measures implemented, such as:

• enhanced screening
• voluntary participation in targeted testing and 
• additional infection prevention and control measures to align with schools.

By January 20, 2021, the Chief Medical Officer of Health will advise the Ministry of Education on which public health units (PHUs) will be permitted to resume in-person school instruction.

In areas where in-person elementary learning is suspended, emergency child care will continue for eligible families in regions subject to school closures.  In those approved PHUs, any emergency child care for school-aged children will end on January 22.

Social and Public Interaction 

Outdoor organized public gatherings and social gatherings are restricted to a limit of five people.

Individuals are required to wear a mask or face covering in the indoor areas of businesses or organizations that are open. Wearing a mask or face covering is now recommended outdoors when you can’t physically distance more than two metres.  

Enforcement

Under the declaration of a provincial emergency, all enforcement and provincial offences officers, including:

• Ontario Provincial Police
• local police forces
• bylaw officers, and 
• provincial workplace inspectors 

will have authority to issue tickets to individuals who do not comply with the stay-at-home-order, or those not wearing a mask or face covering indoors as well as retail operators and companies who do not enforce. 

All enforcement personnel will have the authority to temporarily close a premise and disperse individuals who are in contravention of an order and will be able to disperse people who are gathering, regardless whether a premise has been closed or remains open such as a park or house.

The government notes that those who decide not to abide by orders will be subject to set fines and/or prosecution under both the Reopening Ontario (A Flexible Response to COVID-19) Act, (ROA) and EMCPA.