As the rate of transmission of COVID-19 in Ontario slows, the government is preparing to ease restrictions in several areas. The loosening of restrictions is systematic and involves areas progressing from Stage 1 (most restrictive), to Stage 2 and, eventually, to Stage 3 (least restrictive).
Most recently, the government of Ontario has split Stage 1 into a “Shutdown Zone” and a “Grey Zone”, with the Shutdown Zone being more restrictive than the Grey Zone (see: O. Reg. 96/21 filed February 9, 2021 which amends O. Reg. 82/20: Rules for Areas in Stage 1).
Stage 1: Shutdown Zone
For areas in the “Shutdown Zone”, the list of permitted construction activities is as follows:
(Please note that the underlined subclause represents the most recent change since the restrictions were updated January 21, 2021)
43. Construction activities or projects and related services, including land surveying and demolition services, that,
(a) are associated with the health care sector or long-term care, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space;
(b) ensure safe and reliable operations of, or provide new capacity in,
(i) municipal infrastructure, or
(ii) provincial infrastructure, including but not limited to, the transit, transportation, resource, energy and justice sectors;
(c) support the operations of, or provide new capacity in, electricity generation, transmission, distribution and storage, natural gas distribution, transmission and storage or in the supply of resources;
(d) support the operations of, or provide new capacity in, schools, colleges, universities or child care centres within the meaning of the Child Care and Early Years Act, 2014;
(e) are required for,
(i) the maintenance and operations of petrochemical plants and refineries,
(ii) significant industrial petrochemical projects where preliminary work commenced before January 12, 2021, or
(iii) industrial construction and modifications to existing industrial structures limited solely to work necessary for the production, maintenance or enhancement of personal protective equipment, medical devices such as ventilators and other identified products directly related to combatting the COVID-19 pandemic;
(f) would provide additional capacity in the production, processing, manufacturing or distribution of food, beverages or agricultural products;
(g) were commenced before January 12, 2021 and that would,
(i) provide additional capacity for businesses that provide logistical support, distribution services, warehousing, storage or shipping and delivery services,
(ii) provide additional capacity in the operation and delivery of Information Technology (IT) services or telecommunications services, or
(iii) provide additional capacity to, or enhance the efficiency or operations of, businesses that extract, manufacture, process and distribute goods, products, equipment and materials.
(h) support the operations of broadband internet and cellular technologies and services;
(i) are residential construction activities or projects and related services;
(j) prepare a site for an institutional, commercial, industrial or residential development, including any necessary excavation, grading, roads or utilities infrastructure;
(k) are necessary to temporarily close construction sites that have paused, or that are not active, to ensure ongoing public safety;
(l) are funded in whole or in part by,
(i) the Crown in right of Canada or in right of Ontario,
(ii) an agency of the Crown in right of Canada or in right of Ontario, or
(iii) a municipality;
(m) are,
(i) intended to provide shelter or supports for vulnerable persons or affordable housing; and
(ii) being funded in whole or in part by, or are being undertaken by,
(A) the Crown in right of Canada or in right of Ontario,
(B) an agency of the Crown in right of Canada or in right of Ontario,
(C) a municipality,
(D) a service manager as defined the Housing Services Act, 2011, or
(E) a registered charity within the meaning of the Income Tax Act (Canada), or
(F) a not-for-profit corporation.
44. Land surveyors.
The following areas are currently in the Shutdown Zone of Stage 1 (see: O. Reg. 99/21 amending O. Reg. 363/20):
- Brant County Health Unit.
- Chatham-Kent Health Unit.
- City of Hamilton Health Unit.
- City of Ottawa Health Unit.
- City of Toronto Health Unit.
- The District of Algoma Health Unit.
- Durham Regional Health Unit.
- The Eastern Ontario Health Unit.
- Grey Bruce Health Unit.
- Haldimand-Norfolk Health Unit.
- Haliburton, Kawartha, Pine Ridge District Health Unit.
- Halton Regional Health Unit.
- Huron Perth Health Unit.
- Lambton Health Unit.
- Leeds, Grenville and Lanark District Health Unit.
- Middlesex-London Health Unit.
- Niagara Regional Area Health Unit.
- North Bay Parry Sound District Health Unit.
- Northwestern Health Unit.
- Oxford Elgin St. Thomas Health Unit.
- Peel Regional Health Unit.
- Peterborough County — City Health Unit.
- Porcupine Health Unit.
- Simcoe Muskoka District Health Unit.
- Sudbury and District Health Unit.
- Thunder Bay District Health Unit.
- Timiskaming Health Unit.
- Waterloo Health Unit.
- Wellington-Dufferin-Guelph Health Unit.
- Windsor-Essex County Health Unit.
- York Regional Health Unit.
Stage 1: Grey Zone
For areas in the Grey Zone of Stage 1, all construction activities or projects and related services that support construction activities or projects, including demolition services and land surveyors, are permitted to operate (see: Schedule 7 of O. Reg. 96/21 amending O. Reg. 82/20: Rules for Areas in Stage 1).
There are currently no areas in the Grey Zone of Stage 1 (see: O. Reg. 99/21 amending O. Reg. 363/20).
Stage 2: Red Zone
For areas in Stage 2, all construction activities are permitted to operate (see: O. Reg. 262/30: Rules for Areas in Stage 2).
There are currently no areas in Stage 2.
Stage 3: Orange Zone, Yellow Zone, Green Zone
For areas in Stage 3, all construction activities are permitted to operate (see: O. Reg. 364/20: Rules for Areas in Stage 3).
The following areas are currently in the Green Zone of Stage 3:
- Hastings and Prince Edward Counties Health Unit.
- Kingston, Frontenac and Lennox and Addington Health Unit.
- Renfrew County and District Health Unit.
This bulletin provides an update as of February 10, 2021. Glaholt Bowles LLP will continue to monitor any and all developments and provide updates accordingly.
This bulletin does not constitute legal advice. Please consult with counsel if you have any questions related to the content of this bulletin or contact us directly at info@glaholt.com.