Edward (Ted) G. Betts
Associé
Article
10
UPDATED January 18, 2021 – This version captures the further amendments that O. Reg 14/21 made to O. Reg 82/20 on January 15, 2021.
On January 12, 2021, in response to record COVID-19 case growth, the Ontario government declared a second provincial emergency under s. 7.0.1 (1) of the Emergency Management and Civil Protection Act, pursuant to O. Reg. 7/21 (Declaration of Emergency) (the "Provincial Emergency"). Premier Ford has announced that the state of emergency will last at least 28 days.
The public announcement includes additional measures to prevent the spread of COVID-19, including further restrictions on non-essential construction. The below summarizes the additional measures that came into effect as of 12:01am on January 14, 2021.
Prior to the Province declaring the Provincial Emergency, there were already restrictions in place in respect of construction projects and activities in Ontario pursuant to O. Reg. 82/20 (Rules for Areas in Stage 1) made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. To effect the newest restrictions detailed below, the Province amended O. Reg 82/20 with O. Reg. 10/21 (Rules for Areas in Stage 1) and O. Reg. 14/21 (Rules for Areas in Stage 1). Note that all orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 remain in effect until January 20, 2021. The Province may extend those orders for up to 30 days at a time.
The Ontario government has provided an updated list of types of construction projects and work that will be deemed essential and will be allowed to continue operations under the new Provincial Emergency and related orders and regulations. All other construction work, activities, and services were ordered to cease at 12:01am on January 14, 2021. Note that the Province continues to permit necessary construction and maintenance activities to temporarily close construction sites that have paused or are not active and to ensure ongoing public safety.
The following construction activities or projects and related services, including land surveying and demolition services, may continue are those that:
In addition to the foregoing, note that there are certain activities that could include construction activity that were previously permitted under O. Reg 82/20 which were not further restricted by O. Reg 10/21. These include:
The amended O. Reg 82/20 places an obligation on businesses to have employees work from home wherever possible, even if their business is deemed essential and allowed to open.
Any work that can be done remotely must be done remotely. Complying with this new requirement may mean moving more workers to work-from-home arrangement. In the construction sector, some workers may have some responsibilities requiring on-site presence and other responsibilities that can be done remotely. In these cases, those in charge of the project should consider a hybrid, partial work-from-home model.
We anticipate further information from the Province will be forthcoming. Please continue to visit our website for updates, and contact one of our experienced professionals for guidance on how these restrictions may impact your operations.
Gowling WLG has been at the forefront in guiding our clients through the COVID-19 pandemic, and our construction sector clients in particular. For more of our resources and updates on the legal impacts of the pandemic, please visit our COVID-19 resource page hub. Our legal professionals are regularly updating this hub with resources to ensure you are prepared for how coronavirus will impact your business. If you are concerned about COVID-19 or have any queries, please speak to your usual contact at Gowling WLG or email coronavirus@gowlingwlg.com.
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