As of 11:59 p.m. Saturday, April 4, 2020, the earlier list of construction-related essential workplaces will have been replaced with the following, significantly more limited scope of activities:
1. Businesses that supply other essential businesses or essential services within Ontario, or that supply businesses or services that have been declared essential in a jurisdiction outside of Ontario, with the support, products, supplies, systems, or services, including processing, packaging, warehousing, distribution, delivery, and maintenance necessary to operate.
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20. Maintenance, repair and property management services strictly necessary to manage and maintain the safety, security, sanitation and essential operation of institutional, commercial, industrial and residential properties and buildings.
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 combatting the COVID-19 pandemic.
30. Residential construction projects where,
iv. a footing permit has been granted for single family, semi-detached and townhomes
v. an above grade structural permit has been granted for condominiums, mixed use and other buildings, or
vi. 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 updated list is more restrictive, allowing only critical infrastructure, industrial, and already started residential work to continue in addition to essential maintenance work. There is still uncertainty as to the types of work that would be considered critical infrastructure work (aside from transit) and owners and contractors with questions concerning their essential business status should contact the Ontario government's "Stop the Spread Hotline" at 1-888-444-3659 to have their questions answered. The penalties for operating a non-essential workplace during the temporary shutdown are severe.
In addition to limiting the scope of construction activities that can continue, the provincial government has warned those few sites that can remain open that they will be placed under significant scrutiny. Inspectors will frequently be attending open construction sites to ensure that the latest health and safety guidelines are being complied with and that adequate social distancing measures have been established. To ensure that your site is keeping up to date with the latest health and safety requirements, or to determine whether your site fits within one of the exempted categories set out on this list, please consult the health and safety resources we have collected here.
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.
