As you may be aware, yesterday the Ontario government announced a further easing of restrictions on businesses as the number of COVID-19 cases in the province continues to trend downward. Premier Ford expressed confidence that the testing framework and health care capacity in the province is sufficient to support the safe launch of Stage One of the three-stage reopening plan. He also stressed that businesses should only reopen if they are ready and can do so safely. Below, we break down the government's announcement.

As of May 19, certain businesses will reopen operations if proper health and safety guidelines can be met. This includes the following:

  • The lifting of essential workplace limits on constructions projects;
  • Opening of retail establishments located outside of shopping malls with a separate street-front entrance, with restrictions to enable physical distancing;
  • Opening motor vehicle dealerships;
  • Gradually restarting health care services such as scheduled surgeries and in-person treatment and counseling;
  • Allowing services for animals and pets to reopen, including pet care and grooming;
  • Allowing media operations, including specifically:
    • music recording, including production, distribution, publishing and studios
    • interactive digital media, including programming and development
    • film and television post-production and animation studios
    • publishing, including newspapers, video games and books
  • Opening non-essential professional services related to conducting research and experimental development in physical, engineering and life sciences, such as biotechnology, agriculture and industrial research and development labs; and,
  • Allowing emissions inspection facilities to conduct heavy vehicle emissions testing.

In addition to the above, seasonal businesses such as private parks, campgrounds, marinas, golf courses and businesses that board animals may reopen as of May 16. However, sought-after services such as restaurants and hair salons will not be permitted to reopen until at least Stage Two.

As businesses reopen, employers will need to be mindful of their obligations under the Occupational Health and Safety Act (OHSA) to take all steps reasonable in the circumstances in order to protect the health and safety of employees while in the workplace. The Ministry of Labour has deployed over 500 inspectors to ensure compliance with public health guidelines. To support safety efforts, the province has now released over 90 sector-specific guidelines for reopening. While following the government's recommendations will go a long way to fulfilling an employer's health and safety obligations, employers may be required to go further in certain circumstances and need to ensure they are looking at all of the relevant factors.

The job-protected Declared Emergency Leave and Infectious Disease Emergency Leave will remain available to employees through all stages of the reopening plan.

Further announcements, including those related to increased numbers for social gatherings, child care, and education are expected in the coming days.

The lawyers at CCPartners are available to assist you in planning for the return of your workforce to ensure that you are prepared to operate safely and to help ensure that you meet all of your obligations. Click HERE for a link to CCP's COVID-19 Blog series, catch our webinars and podcasts on YouTube and SoundCloud, or wherever you listen to podcasts, or contact any of our team members to answer you workplace questions.

Article originally published on 15 May 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.