As the COVID-19 situation continues to unfold, the Province of Ontario has taken significant and unprecedented measures to curb the spread. On March 24, 2020, the Province ordered the closure of all non-essential businesses for a period of two weeks, publishing a list of 74 essential workplaces permitted to continue operating. On April 3, 2020, that list was reduced to 44 essential workplaces. The new list of essential workplaces in Ontario can be accessed here.

Leading up to the Province's announcement of April 3, 2020, there were mounting concerns regarding the health and safety of workers on construction sites, which were all initially deemed to be essential. Pursuant to the Province's revised April 3rd list, only critical construction sites will be permitted to remain open as of 11:59 pm April 4, 2020. The construction projects permitted to continue are identified as follows:

27. Construction projects and services associated with the healthcare sector, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space.

28. Construction projects and services required to ensure safe and reliable operations of, or to provide new capacity in, critical provincial infrastructure, including transit, transportation, energy and justice sectors beyond the day-to-day maintenance.

29. Critical industrial construction activities required for:

i. the maintenance and operations of petrochemical plants and refineries;

ii. significant industrial petrochemical projects where preliminary work has already commenced;

iii. industrial construction and modifications to existing industrial structures limited solely to work necessary for the production, maintenance, and/or enhancement of Personal Protective Equipment, medical devices (such as ventilators), and other identified products directly related to combating the COVID-19 pandemic.

30. Residential construction projects where:

i. a footing permit has been granted for single family, semi-detached and townhomes;

ii. an above grade structural permit has been granted for condominiums, mixed use and other buildings; or

iii. the project involves renovations to residential properties and construction work was started before April 4, 2020.

31. Construction and maintenance activities necessary to temporarily close construction sites that have paused or are not active and to ensure ongoing public safety.

The Province of Ontario has indicated that inspectors will be sent out to ensure all non-essential businesses are closed, this includes the construction projects that have been removed from the revised essential workplace list. We anticipate that there will be additional vigilance regarding worker health and safety on the construction workplace sites that continue to operate. It is important for project owners, contractors and workers, alike, to ensure they are following the latest health and safety guidelines.

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.