As expected, the Government of Ontario has been forced to announce that the Niagara region will be moved into the Red-Control zone of the COVID-19 Response Framework, effective as of 12:01am on Monday, December 21^st. These restrictions will end no earlier than January 18^th, 2021, and could be extended. It is also possible that Niagara may be moved into lockdown before that date.

The GNCC offers this summary of the new measures which your business may have to implement. If you have any questions, please contact the Ontario Stop the Spread business information line at 1-888-444-3659.

New policies:

• All organized public events, meetings, and gatherings are now limited to five people indoors and twenty-five people outdoors. People at work, performers, and staff do not count towards these limits. Previous limits were fifty people indoors and one hundred people outdoors for supervised events. “Organized public events” means events and gatherings where there is a staff complement who are not guests at the event and can supervise physical distancing, mask usage, hand hygiene, and so forth. In all cases, if the room or area in question cannot accommodate the maximum number of people while maintaining a two-metre distance between them, the occupancy of the space must be reduced until distance can be maintained.
• A maximum of ten patrons may be seated indoors at a bar, restaurant, mall food court, or other food and drink establishments. This does not include staff, but does include any patrons in a private room (i.e. the limit is ten for the entire establishment, not per room or space). Outdoor dining is limited to the number of people that the outdoor space can accommodate while maintaining a two-metre distance (to count as “outdoors,” a tent, awning, or other shelter must have at least two sides open to the outdoors), as are take-out and delivery options. A dome is considered an indoor area. Dancing, singing, and live performance of brass and wind instruments are not Other music should be played at a level so that a patron does not have to raise their voice to hold a conversation. Raised voices carry droplets, which spread COVID-19, further in the air. In all cases, if the room or area in question cannot accommodate the maximum number of people while maintaining a two-metre distance between them, the occupancy of the space must be reduced until distance can be maintained.
• Gyms, fitness studios, and other athletic/recreational facilities may have:
  • Up to ten people in a class with distances of three metres between people.
  • Up to ten people in an area with weights or equipment with distances of three metres between people.
  • Up to ten people in a room with distances of two metres between people if not using weights, equipment, or in a class.
  • Up to ten people in the entire facility at one time (not counting staff). It is not permitted, for example, to have ten people in a class and another ten people in a weight-training area. Only ten people may be in a facility in total, no matter how they are divided between activities or rooms.
  • Up to twenty-five people in an outdoor area with distances of two metres between people unless they are in a class, or using weights or weight equipment, in which case the distance increases to three metres between people.
  • In all cases, if the room or area in question cannot accommodate the maximum number of people while maintaining the specified distance, the occupancy of the space must be reduced until distance can be maintained.
  • No team sports (except for training where distance can be maintained).
  • No contact sports.
  • No change rooms or showers.
• It is strongly recommended that retail stores and malls limit their capacity. This is not a requirement beyond existing policies on occupancy limits and physical distancing.
• All services requiring the removal of face masks are banned.
• All cinemas are closed. Drive-in theatres may remain open.
• Theatres are closed and performances for a live audience are banned. Rehearsal or performance for recording or broadcast is permitted, but singers and performers using brass or wind instruments must be separated by an impermeable barrier such as plexiglass.

Unchanged policies:

• Religious services, weddings, and funerals are limited to 30% capacity indoors and one hundred people outdoors.
• Indoor workplaces must mandate mask-wearing and must screen employees upon reporting for work. A sample screening questionnaire can be downloaded here.
• Face coverings are required in all indoor areas, with limited exceptions. In the workplace, employees only need to wear masks when they cannot remain at least two metres from each other.
  • Children younger than two may not wear a mask.
  • People unable to don or remove a mask without assistance may not wear a mask.
  • People may still remove a mask to engage in athletic activity, or to eat and drink, but services requiring the temporary removal of a mask are now banned.
  • A person may claim a disability or illness preventing them from wearing a mask. You are not permitted to demand verification of such a condition.
  • There is no definitive legislation as to whether a business may refuse service to a person who will not or cannot wear a mask, but the Premier of Ontario and many lawyers have opined that they can. Businesses may view their mask policy in the same light as a “no shoes, no shirt, no service” policy, for example, and invoke their right to refuse service to unmasked people if they feel they pose an unacceptable risk to their staff or to other patrons. You may do this even if the unmasked person invokes their rights or threatens legal action. The Occupational Health and Safety Act (1991) requires employers to take all reasonable steps to protect their employees and staff from harm, which would most likely be interpreted to include requiring masks be worn by customers and patrons.
• Bars, restaurants, and other food and drink establishments must close by 10 p.m. Liquor may only be sold or served between 9 a.m. and 9 p.m. (i.e. last call must be at 9 p.m.), and cannot be consumed after 10 p.m. or before 9 a.m.
• Buffet service is prohibited.
• Night clubs may only operate as restaurants or bars.
• At least one person per party at a bar, restaurant, or other food and drink establishment must provide contact information for contact tracing.
• Patrons or customers queueing outside an establishment must maintain a two metre distance and wear a face covering.
• Employees required to be within two metres of customers not wearing masks (e.g. in a restaurant) must wear eye protection. This can be goggles or a face shield. Prescription eyeglasses are not considered eye protection.
• Only four patrons may be seated together at a table. In Niagara, those four patrons must be from the same household, with exceptions for people necessary to the physical or mental well-being of another patron.
• All patrons must be screened for potential infection. Self-screening is acceptable. A screening poster can be downloaded here. This poster or a similar one must be prominently displayed at all public entrances, along with mask by-law signage. Dedicating a member of staff to screening patrons and ensuring that they are masked and sanitize their hands upon entry is ideal, although it may not be possible for all businesses.
• Strip clubs are closed.
• No spectators are allowed at sporting or fitness establishments, except for parents and guardians of children. Nobody may stay more than 90 minutes at a facility unless participating in recreational or fitness activity.