Ontario will enter Step 2 of its Roadmap to Reopen on Wednesday, June 30, 2021. The Step Two restrictions are found in O. Reg. 263/20 (available here).

All services, which were open under Step One, such as construction, remain open under Step Two. General Capacity Limits.

Unless otherwise provided, businesses must limit the number of members of the public in their facilities to the number of persons that are able to maintain a physical distance of at least two metres from every other person, and that number cannot exceed fifty (50) per cent capacity.

Personal Care Services

Personal care services relating to hair or body, including hair salons, barbershops, manicure and pedicure salons, aesthetician services, piercing services, tanning salons, and spas and tattoo studios may open subject to the following conditions:

• Masks or face coverings must be worn at all times;
• Employees providing personal care services in the business must wear appropriate personal protective equipment;
• Members of the public are permitted to enter the premises by appointment only and may only enter the premises for the period of time during which they are receiving personal care services;
• The total number of customers permitted indoors in the establishment must be limited to the number that may maintain a physical distance of at least two metres from every other person in the establishment to a maximum of twenty-five (25) per cent capacity;
• The person responsible for the establishment must post a sign in a conspicuous location visible to the public that states the capacity limits;
• Music must not be played at a decibel that exceeds the volume of normal conversation;
• Steam rooms and saunas must be closed;
• Oxygen bars must be closed; and
• Individuals must be actively screened in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter indoor premises

Retail Services

The following retailers may open at fifty (50) per cent capacity, so long as they ensure that any music played at the place of business is not at a decibel level that exceeds the volume of normal conversation:

• Supermarkets, grocery stores, convenience stores, indoor farmers’ markets and other stores that primarily sell food;
• Pharmacies;
• Discount and big box retailers that sell groceries to the public;
• Safety supply stores;
• Businesses that primarily sell, rent or repair assistive devices, aids or supplies, mobility devices, aids or supplies or medical devices, aids or supplies;
• Optical stores that sell prescription eyewear to the public;
• Retail stores operated by telecommunications providers;
• Stores that sell liquor, including beer, wine and spirits;
• Outdoor garden centres and plant nurseries; and
• Indoor greenhouses.

Motor vehicle retailers may open if they comply with the following test-driving conditions:

• The test drive must be limited to no more than 10 minutes;
• A maximum of two people, including up to one sales representative, may be present in the vehicle, boat or watercraft during the test drive, and;
• If two people who are not members of the same household are present in the vehicle during the test drive, any windows in the vehicle, boat or watercraft must be opened at all times.

Shopping malls may open if they ensure that the following conditions are complied with:

• Interior dining spaces inside the shopping mall, including any tables and seating in food courts, but not including restaurants or bars within the shopping mall, are closed;
• Members of the public are not permitted to loiter in any area of the shopping mall;
• Music is not played in the shopping mall at a decibel level that exceeds the volume of normal conversation;
• The number of members of the public in the shopping mall at any one time must not exceed the total capacity determined by taking the sum of the capacities of every business in the mall;
• All lineups or congregations outside the mall must be in accordance with physical distancing requirements;
• All members of the public inside the mall must wear masks.

Restaurants, Bars and Pubs

Outdoor dining at restaurants, bars, food trucks, concession stands and other food or drink establishments will be permitted with up to six (6) people per table. However, more will persons will be permitted to sit at a table if all those persons are:

• Members of the same household;
• Members of the same household and one other person who lives alone; or
• A caregiver for any member of either household.

The total number of patrons permitted to be seated outdoors at the establishment must be limited to the number that can maintain a physical distance of at least two metres from every other person at the establishment

Other Openings

Other notable easing of restrictions include:

• Outdoor social gatherings and events being increased to twenty-five (25) people;
• Indoor religious services, rites, or ceremonies, including wedding services and funeral services being increased to twenty-five (25) per cent capacity;
• Outdoor fitness classes being limited to the number of people who can maintain three (3) metres of physical distance;
• Outdoor sports without contact or modified to avoid contact are permitted with certain restrictions;
• Overnight camps for children may open so long as they abide by safety guidelines produced by the Office of the Chief Medical Officer of Health;
• Outdoor sport facilities may open to spectators at twenty-five (25) per cent capacity;
• Outdoor horse racing and motor speedways may open to spectators at twenty-five (25) per cent capacity; and
• Outdoor fairs, rural exhibitions and festivals may open at twenty-five (25) per cent capacity.

The official Ontario Government press release can be found here.

We will continue to provide updates on the ongoing COVID-19 pandemic and associated Provincial and Federal responses. If you have any questions about this topic, other COVID-19 related questions, or would like assistance with developing and/or reviewing pandemic plans, please do not hesitate to contact a Mathews Dinsdale lawyer, or refer to the firm’s COVID-19 website resources.