Canada: Québec's Regional And Province-wide Restrictions In Response To COVID-19 Resurgence

Quebec has unveiled its staged re-opening plan which aims to see things almost "back to normal" by the end of the summer.  Some of the main points are set out below.  In addition, special emergency measures in force  in certain regions were lifted as of May 24, 2021. 

The summary in this section is from the Quebec government's snapshot view of its re-opening plan entitled "Flexibility at all Levels" available  here.  Exceptionally, our summary below will include the loosening of restrictions in education and sports although these are not detailed in the body of this blog which continues to concentrate on business restrictions.  The different restrictions that will continue to apply in the different colour zones until the end of August (or later) are further detailed by the government  here.

Starting May 28

• the curfew will be lifted throughout Quebec;
• restaurant terraces may open;
• small private outdoor gatherings permitted;
• large indoor venues and outdoor stadiums may open with pre-assigned seating: maximum 2,500 people in independent zones of 250 people with special instructions for festival and event promoters (detailed  here).

By June 11

• outdoor terraces in bars may open,
  • Red and orange zones: 2 adults from different residences or the occupants of a single residence permitted per table;
  • Yellow zones: occupants of 2 different residences permitted per table;
• Supervised outdoor sports and recreation activities permitted in groups of up to 25 people;
  • Red and orange zones: contact sports not permitted
  • Yellow zones: sports with brief contact permitted

By June 25

• day and sleepover vacation camps permitted to open;
• outdoor public activities and events allowed (specific rules apply);
• easing of requirements respecting masks and self-distancing for fully vaccinated people (who have received a second dose) including for private gatherings; and
• rules for outdoor stadiums with fixed pre-assigned seating further relaxed.

At the end of August of later

• gradual loosening of remaining restrictions if epidemiological situation permits and if 75% of those 12 years and over have been fully vaccinated:
• • relaxation of measures for childcare and preschool settings;
  • return to "normal" in primary and secondary schools;
  • return to on-site work in higher education;
  • gradual return to on-site work for other workers;
  • further relaxation of rules for gatherings, sports and recreational activities;
  • attendance limits for indoor venues and for outdoor events increased;
  • termination of coloured zone levels

Interprovincial travel by land between Quebec and Ontario continues to be restricted (with checkpoints at the border).  More information is  here.  Travel between regions is permitted as of May 28, 2021.

This article highlights current and upcoming restrictions on business and how they build on those that were previously in effect (see our prior article) and is regularly updated as Québec's pandemic response develops. Note that only restrictions on business are covered here. For complete details of restrictions on other activities such as private gatherings, education and sports activities (and others), see here.

Since October 2020 the Government of Québec has continuously renewed the public health emergency declared in the province and tightened and loosened restrictions on businesses as the Covid-19 cases increased and diminished. Like most other provinces, Québec implements many of its restrictions on a regional basis, with a four-level colour-coded scheme that ranges from Red (most restrictive) to Green (least restrictive).

Some of the restrictions in Level 4 (Red zones) and Level 3 (Orange zones) for businesses, such as the curfew and closure of businesses such as restaurants, bars and indoor entertainment venues will be lifted as of May 28^th  and other restrictions will be gradually loosened over the summer. 

Québec regions are now classified as follows:

• Red zones: Montréal, Capitale-Nationale Region; Bas-Saint-Laurent; Chaudière-Appalaches; Estrie; Lanaudière; Laurentides, Laval, Montérégie; and Outaouais;
• Orange zones: Mauricie–Centre-du-Québec; and Saguenay-Lac-Saint-Jean;
• Yellow zones: Abitibi-Témiscamingue; Côte-Nord; Gaspésie–Îles-de-la-Madeleine and Nord-du-Québec;
• Green zones: Nunavik and Terres-cries-de-la-Baie-James (special measures also in force)

In regions now classified as Orange, Yellow or Green zones, restaurants, cinemas, museums, libraries, performing arts venues, spas and gyms, among others, have been permitted to reopen with certain restrictions.

Québec's public health state of emergency continues to be extended (currently to May 28, 2021) by the Québec Minister of Health and Social Services, who is thereby empowered to take measures necessary to protect public health.

Mandatory Mask-wearing

As of April 8, 2021, the Commission des normes, de l'équité, de la santé et de la sécurité du travail  requires that medical masks be continuously worn indoors in workplaces throughout Quebec.  See our related article for more information.

Level 4 (Red zones): Restrictions on business

The following are now Level 4 (Red zones):

• Montréal;
• Capitale-Nationale;
• Bas-Saint-Laurent;
• Chaudière-Appalaches;
• Estrie;
• Lanaudière;
• Laurentides;
• Laval;
• Montérégie; and
• Outaouais.

The Level 4 restrictions applicable to businesses in the Red zones include the following.

Certain businesses to remain closed

The following must remain closed:

• restaurants, and food courts in shopping centres and food stores, except for deliveries, take-outs or drive-through orders;
  • as of May 28, 2021, restaurant outdoor terraces may open with (i) occupants of the same single private dwelling per table; and (ii) a maximum of 2 adults (plus minor children) from different residences per table.
• bars, breweries, taverns and casinos;
  • as of June 11, 2021, outdoor terraces of bars may open with (i) occupants of the same single private dwelling per table; and (ii) a maximum of 2 adults (plus minor children) from different residences per table;
  • microbreweries and distilleries closed in respect of their services relating to the consumption of food or beverages on their premises;
  • shows allowed (subject to rules for shows) but no alcohol or meals to be served.
• arcades and, with respect to their indoor activities, thematic sites, amusement centres and parks, recreational centres and water parks;
• youth hostels; and
• any indoor place used for an event-based or social activity or for games such as bowling, darts, billiards and the like, other than a private residence.

No one is permitted to be present in a place where activities have been suspended unless he or she is there to engage in permitted activities.

Other restrictions on business

• No loitering: shopping centres must take measures to ensure that no-one loiters in their common areas. 
• Curfew (until May 28, 2021): All open businesses, except drugstores and service stations, must close their doors to the public not later 9 p.m. to comply with the 9:30 p.m. curfew and restrictions remain in force concerning the number of people allowed in the stores as set out below. During the curfew period, pharmacies and service stations may maintain their usual opening hours. However, pharmacies may only sell medication, and essential products such as pharmaceutical, hygiene or health products and service stations may only sell products such as food, non-alcoholic beverages and products for vehicles. Service stations may not sell tobacco or alcoholic beverages between 9:30 p.m. and 5 a.m.
• Hotels and other tourist accommodation: only occupants of the same residence or of the tourist home are permitted in a unit, with limited exceptions for persons providing service or support to another; and a visitor for those living alone.
• Limits on number of customers: Québec commercial establishments that engage in retail sales of products to the public are required to restrict the number of customers allowed inside. The permitted number is a function of the floor area of the premises that is accessible to customers (the Government has provided information on how to perform the necessary calculations). A sign indicating the number of persons allowed in the premises must be displayed in the store (with the French language versions being predominant). Store operators must also take measures to manage customer traffic within the store to ensure physical distancing.
• Teleworking: Working remotely ("teleworking") is mandatory for all workers, except those who must be physically present to permit the organization (public or private) to pursue its activities. 
• Working on-site: For businesses whose employees are returning to the workplace, there is a maximum occupancy rate of 25% for premises in office buildings. Measures to protect the health and safety of workers continue in force and can be found here.
• Manufacturers and construction companies: Manufacturing, primary processing and construction industry enterprises must reduce their activities to those that are necessary to fulfil their commitments. Working remotely is to be favoured when possible and shifts are to be adjusted to limit the number of staff present at any one time on production and construction sites.
• Mandatory mask-wearing: see above.

Curfew (until May 28, 2021)

Between 9:30 p.m. and 5 a.m., Quebeckers must not leave their homes except in cases that justify travel. Such cases include travel for work if the person's physical presence in the workplace is required, medical and humanitarian reasons, returning from a trip abroad and accompaniment of children in specified cases.

Employers of individuals who must travel during the curfew hours because of their work should complete the "Attestation de l'employeur – Déplacement durant le couvre-feu décrété par le gouvernement du Québec" to permit these workers to prove that they are legitimately outside their homes during the curfew. The form can be downloaded on this page.

Police officers are being asked to intervene when individuals are outside their homes during curfew hours without a valid reason. Offenders are liable to fines ranging from $1,000 to $6,000 if they are unable to adequately justify why they are outside their homes. 

Level 3 (Orange zone): Restrictions on business

The following health regions are now classified as Level 3 (Orange zone):

• Mauricie–Centre-du-Québec; and
• Saguenay-Lac-Saint-Jean.

Certain businesses to remain closed

The following businesses must remain closed:

• bars, breweries, taverns and casinos;
  • as of June 11, 2021, outdoor terraces of bars may open with (i) occupants of the same single private dwelling per table; and (ii) a maximum of 2 adults (plus minor children) from different residences per table;
  • microbreweries and distilleries closed in respect of their services relating to the consumption of drinks on their premises;
  • businesses with the required permits may serve meals (restaurant rules to apply);
  • shows allowed (subject to rules for shows) if no alcohol served and no meals to be served during the show.
• arcades and, for their indoor activities, thematic sites, amusement centres and parks, recreational centres and water parks;
• youth hostels; and
• any indoor place used for an event-based or social activity or for games such as bowling, darts, billiards and the like, other than a private residence.

Other restrictions on business

• No loitering: same as for Red zones. 
• Curfew: same as for Red zones until May 28, 2021. 
• Hotels and other tourist accommodation: same as for Red zones. 
• Limits on number of customers: same as for Red zones. 
• Teleworking: same as for Red zones. 
• Working on-site: same as for Red zones. 
• Manufacturers and construction companies: same as for Red zones. 
• Cinemas, performing arts venues, and establishments offering indoor recreational or sports activities organized in a public place: Certain restrictions as set out here including restrictions on meals being served in performing arts venues except for hotels which offer performances that may be viewed from a guest's room balcony.
• Restaurants, food courts in a shopping centre or food stores: A maximum of two persons from different addresses, accompanied by their minor children, and, if required, a person providing a necessary service or support may be seated at the same table. Operators of restaurants must verify that customers have a proof of residence in a region with the same alert level, limit customers to those with a reservation or their guests (other than fast food) and keep a register of their customers. The information in the register may only be disclosed to the public health authority for epidemiological purposes and is to be destroyed after 30 days. Delivery only is permitted during curfew hours.

Level 2/1 (Yellow/Green) Restrictions

The following health regions are at Level 2 and Level 1 (Yellow/Green zones) with special measures also in force in the Green zones:

Yellow zones:

• Abitibi-Témiscamingue;
• Gaspésie–Îles-de-la-Madeleine; and
• Nord-du-Québec;

Green zones:

• Nunavik and
• Terres-cries-de-la-Baie-James.

While businesses are now permitted to re-open, certain restrictions on the number of customers or patrons remain in place as set out here.

For information about the measures in force in Nunavik and Terres-cries-de-la-Baie-James, consult the websites of the Nunavik Regional Board of Health and Social Services and the Cree Board of Health and Social Services of James Bay.

Other recommendations

The Government of Québec continues to recommend that residents of one region not travel to regions at a different level, or outside of Québec.

Fines

Those failing to respect the rules on social distancing, face coverings and gatherings (among others) may be fined up to $1,000 while those breaking curfew may be fined from $1,000 to $6,000.

Going Forward

Restrictions and closings may be re-imposed in regions where they have been loosened if the Government of Québec is unsatisfied with the province's progress in fighting the pandemic.