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Johnstone & Cowling LLP Newsletter: COVID-19 Update

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Stage 1 Order Rules - How is the Workplace Being Affected? 

As of January 13, 2021, O. Reg. 10/21: (Rules For Areas in Stage 1), made under the  Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17, has amended the previous Rules under O. Reg. 82/20

The change in Rules, as they relate to the workplace are as follows:

Work from home except where necessary

  • Employers shall ensure that workers conduct their work remotely, unless the nature of their work requires them to be on-site at the workplace. This requirement does not apply to government operations and services, including operations and services of the health care sector.

Requirements that apply to individuals

  i.   Masks

  • Workers who attend the workplace, are required to wear a mask or face covering, in a manner that covers their mouth, nose and chin, subject to an exception including that the worker: 
    • has a medical condition that inhibits their ability to wear a mask or face covering; 
    • is unable to put on or remove their mask or face covering without the assistance of another person; 
    • needs to temporarily remove their mask or face covering while in the indoor area,
      • to receive services that require the removal of their mask or face covering,
      • to engage in an athletic or fitness activity,
      • to consume food or drink, or
      •  as may be necessary for the purposes of health and safety; 
    • is being accommodated in accordance with the Accessibility for Ontarians with Disabilities Act, 2005; 
    • is being reasonably accommodated in accordance with the Human Rights Code; or 
    • performs work for the business or organization, in an area that is not accessible to members of the public and is able to maintain a physical distance of at least (2) two metres from every other person while in the indoor area.

  ii.  Physical Distancing

  • Workers shall maintain a physical distance of at least (2) two metres from each other and members of the public. However, physical distancing is not required: 
    • where necessary to complete a transaction or to receive a service, if the worker wears a mask or face covering in a manner that covers their mouth, nose and chin or is subject to an exception listed above; 
    • when passing one another in a confined location, such as in a hallway or aisle, if the member of the public wears a mask or face covering in a manner that covers their mouth, nose and chin or is subject to an exception listed above; and
    • in situations where another provision of the Order expressly authorizes persons to be closer than two metres from each other.

Proceedings Commenced By Certificate of Offence

On January 13, 2021, O. Reg. 12/21: (Proceedings Commenced By Certificate Of Offence), made under the Provincial Offences Act, R.S.O. 1990, c. P.33, has amended O. Reg 950.
The amendments outline the offences under the Emergency Management and Civil Protection Act and the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, which can be commenced by a Certificate of Offence. For ease of reference, the amendments state as follows:

Emergency Management and Civil Protection Act

Column 1 ItemColumn 2 OffenceColumn 3 Provision

1.

Individual - fail to comply with an order made during a declared emergency

subsection 1.0.11 (1)

2.

Corporation - fail to comply with an order made during a declared emergency

subsection 7.0.11 (1)

3.

Obstruct any person exercising a power in accordance with an order made during a declared emergency

subsection 7.0.11 (1)

4.

Obstruct any person performing a duty in accordance with an order made during a declared emergency

subsection 7.0.11 (1)

 

Reopening Ontario (A Flexible Response to COVID-19) Act, 2020

Column 1 ItemColumn 2 OffenceColumn 3 Provision

1.

Individual - fail to comply with a continued section 7.0.2 order

subsection 10 (1)

2.

Corporation - fail to comply with a continued section 7.0.2 order

subsection 10 (1)

3.

Obstruct any person exercising a power in accordance with a continued section 7.0.2 order

subsection 10 (1)

4.

Obstruct any person performing a duty in accordance with a continued section 7.0.2 order

subsection 10 (1)

 

This newsletter is for general discussion purposes and does not constitute legal advice or an opinion. For legal advice regarding your particular circumstances, please contact us at 416 546 2103.

 

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