Olivier Therrien
Partner
Article
8
The Government of Quebec announced the launch of two new provincial programs to support businesses affected by COVID-19 and low-income essential services workers.
The provincial government announced that the closure of non-priority businesses and services has been extended to May 4.
The list of priority services was originally enacted by Decree No. 223-2020 on March 24, 2020. It should be noted that the initial list was modified by Ministerial Orders 2020-011, 2020-013, 2020-014 and 2020 015. An unofficial list of priority services is available on the internet (link available here), but it does not replace the official text of the various decrees. In case of uncertainty, our professionals can advise your company regarding the interpretation of the list of priority businesses.
One of the most frequently asked questions relates to the obligations of businesses that provide, in whole or in part, goods or services to companies carrying out priority activities. This issue must be analyzed on a case-by-case basis.
Recently, all commercial retail establishments were asked to close to the public on Sundays, with some exceptions. As of April 4, 2020, Ministerial Order 2020-015 provided for the following exceptions:
Furthermore, considering the extension of the containment measures, the Premier announced that the resumption of activities will be gradual and could be organized by geographic region or industry sector. The Government of Québec will give priority to sectors of activity that can respect physical distancing measures and to regions least affected by the spread of COVID-19. At the April 7 press conference, the Premier confirmed that the construction sector will be one of the first to resume its activities.
On March 28, 2020, the Minister of Health and Social Services adopted Decree No. 2020-11, which added travel restrictions to eight "health regions" on top of the various Quebec containment measures, and two other decrees further extended this list of health regions. As of April 4, there are 13 health regions affected in whole or in part by these measures.
These regions are as follows:
1) Entire region: Bas-Saint-Laurent, Saguenay-Lac-Saint-Jean, Abitibi-Témiscamingue, Côte-Nord, Nord-du-Québec, Gaspésie-Îles-de-la-Madeleine, Nunavik and Cree Territory of James Bay; and
2) Partial region: Outaouais, and the Laurentides, Lanaudière, Maurici, Centre-du-Québec, and the Capitale-Nationale regions.
There are several circumstances under which someone is allowed to travel to one of the 13 health administration regions. Such travel is permitted only:
It should also be noted that additional restrictions apply to residents of the cities of Rouyn-Noranda and Gatineau.
Decree 2020-015 finally provides that the national public health director and any public health director is authorized to order a person who does not comply with government orders to self-isolate for a maximum of 14 days. Such a directive may be issued without a court order if: the person shows COVID-19 related symptoms; returns from travel; resides in a particularly targeted area; or is in an environment where there is a greater risk of COVID-19 transmission.
The Court of Québec or the municipal courts may terminate an isolation order.
The law provides for penalties ranging from $1,000 to $6,000 for persons who refuse to obey a ministerial order issued following a health emergency announcement. These fines are applicable to each day on which the offence is committed.
You can read our article on the consequences of non-compliance with the various orders by clicking here.
Since early April, the Premier has been encouraging and supporting the imposition of fines on non-abiding citizens. The Director of Criminal and Penal Prosecutions has authorized the Service de police de la Ville de Montréal (SPVM) and the Sûreté du Québec (SQ) to issue abridged statements of offence. For example, several $1,000 tickets were issued to citizens who did not follow instructions and who continued to participate in indoor or outdoor gatherings. The Premier hopes these fines will have a deterrent effect on people who do not live in the same household and on businesses that do not comply with the closure of non-priority activities.
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