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Ontario Transitioning to Colour-coded Response Framework By Terrance S. Carter and Luis R. Chacin After the provincial emergency declared under section 7.0.1 of the Emergency Management and Civil Protection Act (“EMPCA”) ended at the end of February 9, 2021, the provincial government announced in a news release its plan to transition Ontario’s public health regions out of the shutdown and into a modified COVID-19 Response Framework: Keeping Ontario Safe and Open (the “Framework”). In this regard, as of February 22, 2021, the Stay-at-Home order filed as Ontario Regulation 11/21 under the EMCPA was revoked for most public health regions in the province. However, as per a news release dated February 19, 2021, the shutdown measures and three separate Stay-at-Home orders will continue to apply until Monday, March 8, 2021 unless otherwise extended in the Toronto and Peel Public Health Regions, as well as the North Bay-Parry Sound District. The provincial government is still advising Ontarians to continue to adhere to public health measures, stay home as much as possible, and limit close contact to their household. As well, the Ontario government filed the latest amendments to regulations under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (“ROA”), namely: Ontario Regulation 82/20: Rules for Areas in Stage 1, Ontario Regulation 263/20: Rules for Areas in Stage 2, and Ontario Regulation 364/20: Rules for Areas in Stage 3. The designation of which health units are in each stage of reopening under the Framework is established in Ontario Regulation 363/20: Stages of Reopening. Of note, the modified Framework imposes the following rules for gatherings for purposes of a wedding, a funeral or a religious service, rite or ceremony, as described below. For public health regions in Stage 1 shutdown and grey zones, organized public events, social gatherings or gatherings for a religious service or ceremony are limited to 10 people, even if held at a private dwelling, and with special rules for gatherings in motor vehicles. For public health regions in Stage 2 red zone, social gatherings such as wedding receptions are limited to five (5) people if the gathering is held indoors and twenty-five (25) people if the gathering is held outdoors. In the case of gatherings for the purposes of a wedding, a funeral or a religious service, rite or ceremony itself, indoor gatherings held in a building or structure other than a private dwelling are limited to thirty percent (30%) of the capacity of the particular room, and outdoor gatherings are limited to 100 people. Both indoor and outdoor gatherings require that all persons attending the gathering comply with public health guidance on physical distancing. For public health regions in Stage 3 green, yellow, and orange zones, social gatherings such as wedding receptions are limited to fifty (50) people if the gathering is held indoors, and one hundred (100) people if the gathering is held outdoors. However, if the gathering is held in a residential building or any places not operated by a business or organization, the limits are ten (10) people if the gathering is held indoors and twenty-five (25) if the gathering is held outdoors. Similar to Stage 2 public health regions, in the case of gatherings for the purposes of a wedding, a funeral or a religious service, rite or ceremony itself, indoor gatherings held in a building or structure other than a private dwelling are limited to thirty percent (30%) of the capacity of the particular room, and outdoor gatherings are limited to 100 people. Both indoor and outdoor gatherings require that all persons attending the gathering comply with public health guidance on physical distancing. After returning to the colour-coded Framework, public health regions are required to stay in their stage of reopening for at least two weeks or until the government determines that the region should be moved to a different stage of reopening or back to lockdown as an “emergency brake” measure. Charities and not-for-profits should regularly review the rules applicable to the public health regions where they operate and how they apply to their specific situation. |
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