By now most people in Ontario have adjusted somewhat to the new Ontario restrictions. As we discussed in our last blog post, the new “stay-at-home” order requires people in Ontario to stay at home unless they have an essential purpose. These purposes include shopping by curbside pickup, ordering takeout, shopping at a “big-box” retailer and many other activities. However, lawyers are still getting calls asking for help understanding how O. Reg. 82/20 and the Reopening of Ontario Act affect their business.
One of the most confusing areas of the new order is the requirement that people follow advice, recommendations and instructions from “public health officials.” The regulation does not define who these officials are, but the Ontario government website encourages you to check with your local public health unit. As regulations may or may not vary between units, it is difficult knowing how these recommendations are changing.
More clear is the practices surrounding customers. Businesses must ensure that groups of people lining up stay at least two meters apart from each other. These rules apply even when people are lining up outside the property. Before a customer is allowed in, the business must screen the customer. This screening typically involves asking questions including if the customer has symptoms of Covid-19, has been in contact with anyone who has symptoms or if they have left the country in the past two weeks. Once inside, physical distancing must be maintained.
The government has also introduced strict capacity limits for businesses. The maximum capacity can be no greater than the total square meters of floor space not including shelving and store fixtures and dividing that number by 8. In retail settings, this number must be clearly posted. Businesses also must clean and disinfect their work surfaces and areas accessible to the public.
Beyond complying with the government regulations and public health officials, all businesses need to develop a Covid-19 safety plan. For your assistance, the Ontario government has provided a checklist that businesses can use to develop a safety plan. This plan must be posted and be clearly visible to be in compliance with the new regulations. Many businesses include reminders that masks are mandatory on their signage to emphasize the rules to their patrons.
For employees, businesses must screen employees upon arriving at the business and must allow employees to work at home if possible. Some businesses have written letters to employees informing them that their work cannot be completed at home. This phenomenon is especially common for businesses who sent workers home during the first emergency lockdown back in 2020.
Crucially, the Ontario government has increased enforcement and is requiring businesses to police the behavior of their customers. Many businesses may have difficulty navigating these rules. In part 3 of our series on the new lockdown measures, we will look into how the government is subsidizing business in these times and programs your business may want to consider.
To help businesses during Covid-19, we will help you develop a Covid-19 safety plan at no charge. If you want help developing a Covid-19 safety plan or have other questions related to your business, call us at (647)-494-9599 or email us at info@law365.ca to speak with a lawyer.
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