Canada: Gradual Resumption Of Activities In Québec: The Latest Developments

As Québec moves toward economic reopening, the provincial government is releasing information about the gradual resumption of activities in various sectors as well guidelines that will apply to each of those sectors. In this post, which will be updated regularly as developments occur, we discuss the latest developments on reopenings in Québec.

This post lists reopenings by their respective dates. Unless otherwise indicated, sectors and businesses that were part of the list of priority services and activities, as well as those listed as permitted reopenings under another prior date in this article, continue to be allowed to operate.

As mentioned previously, the ability to maintain the current schedule and move further along in the government's deconfinement plan depends on the progression of the virus and the healthcare system's ability to deal with it. New closings may occur if additional outbreaks of the virus arise which compromise the healthcare system's ability to deal with it.

NEW: If the virus remains contained, we can expect more announcements soon. As at May 29^th, the government has dealt with the reopening of most activities in Phase 5 of its deconfinement plan and one activity in Phase 6 (day camps). Accordingly, the next set of announcements should be on:

• The reopening of certain types of tourist accommodations in the territories of the Communauté métropolitaine de Montréal (i.e. Greater Montréal) and the regional county municipality (RCM) of Joliette, namely tourist homes and principal residence establishments (Phase 5).
• The reopening of shopping centres located within Greater Montreal and the RCM of Joliette (Phase 5).
• The remainder of Phase 6 activities: Outdoor swimming pools, restaurants (part 1), shopping centres (part 2), audiovisual and postproduction services, outdoor team sports and elite training centres.

NEW: If a company's activity is not listed on the government site dealing with the reopening of activities, and the company is uncertain as to whether it can resume their activities, it can fill out an online form, and an information officer of the Government du Québec will contact the company.

Reopening Permitted on June 15^th

NEW: On May 29^th, the government announced that personal care and esthetic service businesses (e.g., hairdressers and estheticians) located within Greater Montréal and the RCM of Joliette may reopen June 15^th.

Reopening Permitted on June 1^st

NEW: On May 27^th, the government announced, that as of June 1^st certain types of tourist accommodations may reopen, namely, camping establishments, outfitting establishments and marinas throughout Quebec as well as tourist homes and principal residence establishments situated elsewhere than in the territories of Greater Montréal and the regional county municipality of Joliette. Rentals are subject to restrictions and strict cleaning measures mentioned on the government site including one family per rental unit and a mandatory 24 hours pause between rentals unless the unit has a capacity of 4 people or less and its flooring is a hard surface (no carpets or other coverings).

NEW: Also, on May 27^th, the government announced that music and sound recording studios may reopen on June 1^st and the recording of live performances without an audience may resume on the same date.

On May 25^th, the government announced that shopping centres outside Greater Montréal and the RCM of Joliette will be able to reopen as of June 1^st. On May 26^th, the Minister of Economy and Innovation announced that the reopening of shopping centres will be subject to a number of restrictions and requirements including on the number of customers within a store and a mall, solid partitions will be installed at the cash registers, information booths and food court restaurant counters and food courts will only be open for take-out.

On May 20^th, the government announced that as of June 1^st, personal care and esthetic services businesses located outside Greater Montréaland the RCM of Joliette as well private health care services (which includes dental care and therapeutic care) and pet grooming services located throughout Québec will be permitted to reopen. The government has set out a list of examples of such activities on its site.

NEW: The June 1^st reopening were confirmed by order No.566-2020.

Reopening Permitted on May 29^th

Public libraries and museums are able to reopen throughout Québec on May 29^th. There is, however, a number of limitations including on the number of visitors and on the ability to hold events and activities.

NEW: Drive-in theatres, for movies or any other type of show, are also be able to reopen on the same date, provided the public views the event from a vehicle.

The May 29^th reopenings were confirmed by order No.566-2020.

Reopening Permitted on Monday May 25^th

Retail Stores and Retail Supply Chain Located in Greater Montréal

On May 18^th, the government confirmed that retail stores with a direct exterior access normally used by customers and businesses in the supply chain of such retail stores located in Greater Montréal will be allowed to reopen on May 25^th. For more, see our prior post.

Removal of Restrictions on Number of Employees for Manufacturers

As of May 25^th, the restriction on the number of employees per shift for manufacturers that were not already operating to produce priority services and activities, or inputs or raw materials required by priority services and activities, was removed.

The May 25^th reopenings and removal of restrictions were confirmed by order 539-2020.

Reopening Permitted on Sunday May 24^th

On May 18th, the government announced that as of Sunday, May 24^th, the usual regulations regarding business hours apply again to commercial retail establishments currently authorized to operate in Québec. This effectively removed the changes to operating hours discussed in our prior post which restricted the ability to operate on Sundays and permitted the extension of business hours from Monday to Saturday for commercial retail establishments currently authorized to operate in Québec.

Reopening Permitted on May 20^th

Throughout Québec, certain outdoor recreational sports, leisure and activities carried out individually or in pairs, without physical contact, are permitted. The government has set out a list of examples of such activities on its site.

Accordingly, pursuant to Order No. 530-2020, the suspension applicable to activities carried in work environments that offer outdoor, recreational or individual sports activities to the public, contact-free, conducted outside and in an unstructured manner, have also been lifted provided that:

• those activities are not carried out in aquatic facilities, play structures or using training equipment available to the public;
• those activities take place during the course of the same day; and
• persons who take part in those activities maintain as much as possible a minimum distance of 2 metres between them.

Reopening Permitted on May 11^th

Manufacturing

All businesses in the manufacturing sector were permitted to reopen on May 11^th. However, for manufacturers that were not already operating to produce priority services and activities, or inputs or raw materials required by priority services and activities, there is a restriction on the number of employees per shift on a given site to a maximum of 50 workers and 50% of the employees exceeding the limit of 50 workers.

Construction

All construction worksites including roadwork and infrastructure and the industry's supply chain were permitted to reopen on May 11^th.

The May 11^th reopenings were confirmed by order No. 505-2020.

Reopening Permitted on May 4^th

On May 4^th, retail stores with a direct exterior access normally used by customers as well as businesses in their supply chain were permitted to reopen, provided that they were located outside Greater Montréal.

The May 4^th reopenings were confirmed by order No. 500-2020.

The Latest on Back to Work Health and Safety

As previously mentioned in our prior post:

• Even as sectors reopen, all employees who can engage in teleworking must continue to do so;
• People must maintain as much as possible a physical distance of 2 metres; and
• All workplaces must comply with the health regulations issued by the public health authorities and the Commission des normes, de l'équité, de la santé et de la sécurité du travail(CNESST).

The CNESST has also issued specific guides and resources for each of the above sectors (though some are currently only available in French) as well as general guides and resources that are not sector specific.

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.