While stage 2 allows businesses in Ontario to reopen and welcome employees back to the physical workplace, employers and service providers must meet certain recently-announced conditions. As of July 7, 2020 at 12:01 AM, this now includes the mandatory mask covering of the mouth, nose and chin for members of the public and employees in indoor public spaces in Ontario's two largest municipalities, Toronto and Ottawa. The following outlines what employers and service providers need to know in this regard.

1. Where must masks be worn?

In Ottawa and Toronto, masks are required in public indoor establishments, including places where food is served; in stores and malls; religious buildings; cultural and entertainment facilities, such as libraries, art galleries, museums, aquariums, zoos, theaters, cinemas, and casinos; common areas of hotels and short term rentals; community centers; and event spaces, such as banquet halls, convention centres, arenas, and stadiums.

In Toronto specifically, community service agencies; and real estate showings also require face masks.

In Ottawa, masks are also required at sports facilities; transportation for hire, such as taxis; common areas of hospitals or the premises of a regulated health professional; and personal services, such as spas, hair salons, barbers, nail salons.

In all cases, masks be worn before entering and while in the establishment.

Exceptions for certain establishments

In Toronto, exceptions to mask-covering requirements include schools and child care facilities; private transportation and public transportation1; and hospitals, health facilities, and the offices of regulated health professionals.

In Ottawa, exceptions apply to schools; child care centers; and day camps. Further, masks may be temporarily removed where it is necessary to receive services or to engage in athletic activities, in addition to emergency or medical purposes.

2. What are the health and safety requirements for employers and service providers operating in indoor/enclosed public spaces?

  • Adopt a policy: Adopt a policy requiring members of the public wear a mask which covers their mouth, nose, and chin in their establishment. Authorities may request the policy for inspection to ensure compliance.
  • Post notices: In Toronto, post a notice at all exits and entrances stating:

ALL PERSONS ENTERING OR REMAINING IN THESE PREMISES SHALL WEAR A MASK OR FACE COVERING WHICH COVERS THE NOSE, MOUTH AND CHIN AS REQUIRED UNDER CITY OF TORONTO BY-LAW 541-2020

  • In Ottawa, post a notice at all exits and entrances stating, in both English and French:

All persons entering or remaining in these premises must wear a mask that securely covers the nose, mouth, and chin as required by the Medical Officer of Health under the authority of the Emergency Management and Civil Protection Act (EMCPA), Ontario Regulation 263/20.

Toutes les personnes qui entrent ou restent dans ces locaux doivent porter un masque qui couvre solidement le nez, la bouche et le menton, comme l'exige la Médecin chef en santé publique en vertu de la Loi sur la protection civile et la gestion des situations d'urgence (LPCGSU), Règlement de l'Ontario 263/20.

  • Remind patrons and employees: Ottawa specifically requires reminding any person not wearing a mask of the rules, and providing alcohol-based hand rub at all exits and entrances.
  • Provide training: Provide training to ensure employees are familiar with the newly announced measures and with the employer's policy in that respect.

Exceptions for certain members of the public and employees

Although masks must be worn by members of the public in enclosed public spaces, certain members of the public are exempt, including children under the age of 2; persons with medical conditions inhibiting their ability to wear a mask; persons unable to put a mask on, or take a mask off, without assistance. In Ottawa, children under the age of five and individuals who, due to developmental disability, have the cognitive ability of a child under the age of five, are exempt if their caregiver cannot convince them to wear a mask.

With respect to employees, there are also certain exemptions that apply, including employees in an area not for public access; employees behind a physical barrier; and persons who are reasonably accommodated by not wearing a mask.

It should be noted that none of these exceptions require any supporting proof or documentation.

3. What are the consequences of non-compliance?

In Toronto, employers and service providers may face a fine of up to $1,000.00 for non-compliance.

In Ottawa, businesses are expected to act in good faith, at least until a by-law is officially passed by City Council.

4. What other parts of the province are affected?

Several other regions in Ontario have required masks under conditions similar to those in Ottawa and Toronto:

  • In the Wellington-Dufferin-Guelph health unit masks have been required since June 12, 2020 at 8:00 AM. Read more about the mask requirement in the Wellington-Dufferin-Guelph health unit: here.
  • In the Kingston, Frontenac and Lennox & Addington Public Health area masks have been required since June 27, 2020 at 12:01 AM. Read more about the mask requirement in the Kingston, Frontenac and Lennox & Addington Public Health area: here.
  • In the Leeds, Grenville and Lanark District Health Unit masks are required as of July 7, 2020 at 12:01 AM. Read more about the mask requirement in the Leeds, Grenville and Lanark District Health Unit: here.
  • In the Region of Durham, the Medical Officer of Health has required masks in commercial establishments as of July 7, 2020 at 12:01 AM. Read more about the mask requirement in the Region of Durham: here and here.
  • In the Eastern Ontario Health Unit, masks are required under similar conditions to Ottawa and Toronto. Read more about the mask requirement in the Eastern Ontario Health Unit: here.
  • Public Health Sudbury and Districts will require masks as of July 8, 2020 at 12:01 AM. Read more about the Public Health Sudbury and Districts requirement: here.
  • In the Haliburton, Kawartha, Pine Ridge District Health Unit mask will be required as of July 13, 2020 at 12:01 AM. Read more about the Haliburton, Kawartha, Pine Ridge District Health Unit mask requirement: here.
  • In the Region of Waterloo, two by-laws have been passed requiring masks in enclosed public places and on public transit as of July 13, 2020. Read more about the Region of Waterloo mask requirements: here and here.

To find out what health unit your business is in, click here.

We will keep you updated as new developments are made public.

Footnotes

1 Masks are mandatory on public transportation even though Toronto has exempted public transportation from this by-law. The TTC and OC Transpo both require masks. Exemptions, such as for children under the age of 2, or those with a medical condition preventing them from wearing masks, are included in both policies.


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