As Ontario moves toward economic re-opening, the provincial government is releasing information about sectors that can re-open as well as about the guidelines that will apply to each of those sectors. In this post, which will be updated regularly as developments occur, we discuss the latest Ontario relaunch developments. The most recent announcement, issued on May 14, 2020, allows inter alia for the re-opening of certain recreational businesses on May 16 as well as for further re-openings, including many non-mall retailers, on May 19.

May 14: Additional Sectoral Re-openings Announced

At his May 14, 2020 media briefing, Premier Ford announced further re-openings around the upcoming Victoria Day long weekend.

Specifically, as of Saturday, May 16:

  • Golf courses, marinas and public boat launches can open to the public (with golf course clubhouses limited to washroom and take-out restaurant services only);
  • Private campgrounds and parks can open to prepare for the summer season and may also open to trailer and RV owners with full-season contracts; and
  • Stables and similar facilities can allow owners of animals that they board to visit, care for or ride their animals.

Immediately after the long weekend, as of Tuesday, May 19, the following additional openings will be permitted (provided that there is not been any change in the improving public health trends):

  • Non-mall retailers with their own street-front entrances, if they have appropriate physical distancing measures in place (e.g. limiting the number of customers in the store, etc.);
  • Construction sites (existing "essential workplace" limits to be lifted);
  • Seasonal businesses and recreational activities for individual or single competitors, including certain sports competitions, whether taking place indoors or outdoors (e.g. tennis, track and field and horse racing);
  • Animal services (e.g. veterinary appointments, pet care and grooming);
  • Household services, whether indoors or outdoors, that can follow public health guidelines (e.g. housekeeping, cleaning and maintenance); and
  • Certain non-COVID related medical services that meet certain conditions (e.g. scheduled surgeries and counselling).

The Government also announced the Workplace PPE Directory, a website designed to provide businesses with information on suppliers of personal protective equipment (PPE).

May 1: Certain Sectors to Re-open May 4, 2020

The Ontario government announced on May 1, 2020 that, as of Monday, May 4 at 12:01 a.m., several workplace types can get back to business, with some restrictions, provided that the pandemic-related health and safety guidelines relevant to those sectors are followed.

The sectors that can return to business are as follows (with restrictions as noted):

  • Garden centres and nurseries (curbside pickup and delivery only);
  • Lawn care and landscaping;
  • Construction projects involving any of the following (in addition to projects already permitted to proceed):
    • Shipping and logistics;
    • Broadband telecommunications and digital infrastructure;
    • Improvements to delivery of goods and services;
    • Municipal, college and university projects;
    • Schools and child-care centres;
    • Site prep, excavation and servicing for most types of development;
  • Car washes (automatic and self-serve);
  • Car dealerships (by appointment only);
  • Golf courses and marinas (preparation for the upcoming season only, as specified, with no public use or access permitted).

As noted above, these sectors are required to operate in accordance with health and safety standards and in particular are expected to follow the best practices guidance that is applicable to their sector. For example, the construction sector should follow the guidance issued in March and amended in April. The complete list of sector-specific guidance released to date is available here.

April 30: Government Releases Best Practices Guidelines for Four Key Sectors

The provincial government announced additional measures on April 30, 2020 that are aimed at promoting workplace health and safety in several key sectors. Specifically, these "best practices" guidelines apply to the manufacturing, food manufacturing/processing, restaurant/food service and agricultural sectors. They build on previously issued guidelines for the construction industry as well as recommendations developed for certain other workplaces in collaboration with industry-focused health and safety associations. Ontario is committing 58 additional workplace inspectors to the effort, who will focus primarily on communicating best practices to employers.

Overview of the guidelines

The Government of Ontario's general resources page for all sector-specific guidelines is here. As noted above, the sectors to which the April 30 announcement applies are the following:

The guidelines are arranged in a similar way for each sector, with dozens of specific recommendations listed under the following headings (among others):

  • Protecting yourself and your co-workers (e.g. by hand-washing and staying home when ill);
  • Physical distancing (e.g. by holding team meetings outdoors or installing plexiglass barriers);
  • Workplace sanitation (e.g. by providing hand sanitizer, improving ventilation and staggering work schedules);
  • Workplace tracking (e.g. by keeping records of where each worker has been in the workplace);
  • Reporting illness (e.g. by encouraging workers to do Ontario's online self-assessment);
  • Sharing information (e.g. by using up-to-date workplace posters re COVID-19 policies).

Depending on the industry sector, additional recommendations may also be made. For example, in the case of restaurants (and food manufacturers with associated retail operations), there is a recommendation against accepting reusable bags from customers and a recommendation that staff be assigned to monitor physical distancing by customers. In most respects, however, the recommendations are fairly similar for all sectors.

The government is also making a range of safety posters available for downloading (see an example here; others are available on the resource page).

Going forward

The best practices are recommendations and, as appropriate, will be incorporated into the advice that provincial labour inspectors may offer in the course of their on-site inspections. While the Government indicated that such inspections would at least initially be conducted primarily to help businesses understand how to comply, there will also be an enforcement element in cases where compliance efforts fall short.

Originally published May 14, 2020.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.