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Update to List of Permitted Construction Activities

Update to List of Permitted Construction Activities

Since the filing of O. Reg. 10/21 on January 13, 2021, a further update has been made to the list of permitted construction activities.

Filed on January 15, 2021, O. Reg. 14/21 amends Schedule 2 of O. Reg. 82/20 by revoking and substituting clauses 43(b), 43(d) and 43(l).

As of January 15, 2021, the list of permitted construction activities has been updated as follows:

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, provincial infrastructure, including the transit, transportation, resource, energy and justice sectors beyond day-to-day maintenance;

(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, municipal infrastructure 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, or

(ii)  provide additional capacity in the operation and delivery of Information Technology (IT) services or telecommunications services;

(h)  support the operations of broadband internet and cellular technologies and services;

(i)  are related to residential construction projects where,

(i)  a building permit has been granted for a single family, semi-detached and townhomes,

(ii)  the project is a condominium, mixed-use or other residential building, or

(iii)  the project involves renovations to residential properties and construction work that was started before January 12, 2021;

(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 bythe Investing in Canada Infrastructure Program;,

(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.

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.