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Alexander Coomes

New Year, New Lockdown Part 1: The Stay At Home Order For Individuals

As of today, Ontario has released a new set of rules for the provincial lockdown. This regulation, O. Reg. 11/21: Stay-At-Home Order has new regulations that individuals and businesses will follow. The order beings by stating “Every individual shall remain in their place of residence at all times…” with the remaining portion of the order providing exceptions that allow people to leave their homes for valid reasons. These reasons include work, obtaining goods and services, assisting others, “health safety and legal purposes,” multiple residences and moving, travel and animals.


Work


Workers and students are still allowed to go to work or volunteer, but only if their work requires the employee or volunteer to leave their home or attend the workplace. Some students can also attend school.


Some employers have begun providing letters to some workers confirming the fact that they are needed in the office. These letters can help provide clarity to workers if they should come to work or stay home. However, workers are not required to carry proof that they are leaving their home to attend essential work.


Obtaining goods and services


People in Ontario can still go to normal appointments to businesses that were open under the “Stage 1 Order”. This means all essential businesses remain open. Goods and services can still be purchased, although in-store shopping is not permitted in most stores.

The order does not require people to only shop for food and medicine, but instead can purchase any goods from stores that remain open provided they continue to follow the other rules in the order and the Reopening of Ontario Act.


Assisting others


Care givers are still allowed to leave their homes to deliver goods or provide care to individuals requiring assistance. This care includes accompanying people who require assistance leaving their residence provided that the excursion is for permitted purposes.


Health, safety and legal purposes


People in Ontario are allowed to keep themselves safe and can leave their homes for emergencies, escaping unsafe living conditions or protecting themselves from domestic violence.


Public health authorities continue to encourage people to exercise and the order allows activities including walking outdoors or using an outdoor recreational amenity. Courts are still open and an allowance has been carved out to allow people to attend places as required by law.


Moving


Travel for the purposes of moving has been significantly restricted. Individuals can travel between residences if they are staying for less than 24 hours for a purpose set out in the order or if they intend to stay in their second residence for at least 14 days. Children can still travel between the homes of parents and guardians as needed.

Certain activities are still allowable to move residences, however, open houses are currently not allowed.


Travel


Travel to airports, bus stations or train stations are still allowed for the purpose of leaving the Province. The stay-at-home-order does not restrict travel out of the province, however, such travel may be subject to other laws and regulations.


Gatherings


The gathering limit has been reduced back to 5 people as per the stage 1 order. The regulation expands the stage 1 order to allow an individual living alone to gather with members of a single household.


Animals


People are still allowed to attend vets, walk their animals or obtain goods and services necessary to support the animal’s health.


Other parts of the order


The order does not apply to people experiencing homelessness. This is a welcome addition for those who feared the order could further criminalize homelessness.

Despite comments from public officials that the new order would be more heavily enforced, no new enforcement mechanisms are in place. The order also does not include any new requirements requiring people in Ontario to prove the purpose of their excursion. Nonetheless, many are worried that the new stay-at-home order may lead to more tickets being issued.


In our next blog post, we will discuss the implications this order and the Reopening Ontario Act have for businesses.


If you receive a ticket for violating the stay-at-home order or have questions about how the new orders could affect your life, give us a call at (647)-494-9599 or email your question to info@law365.ca.

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