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5 November 20214 minute read

Government of Ontario announces “Plan to Safely Reopen Ontario and Manage COVID-19 for the ‎Long-Term”‎

On October 22, 2021, the Government of Ontario announced its Plan to Safely Reopen Ontario and Manage COVID-19 for the Long-Term (the “Long-Term Plan”). The Long-Term Plan sets out Ontario’s intention to lift all remaining public health and workplace safety restrictions related to COVID-19 by March 28, 2022.

Since July 16, 2021, Ontario has been operating with the capacity limits and physical distancing measures outlined in Step 3 of its former Roadmap to Reopen. The Government of Ontario has further implemented proof of vaccination requirements in specified businesses and has supported this mandate by creating vaccine certificate infrastructure including QR code vaccination certificates and a verification app.

The Government of Ontario further contemplates the implementation of local or regionally tailored responses to COVID-19 as the Long-Term Plan progresses. Capacity limits, physical distancing and proof of vaccination requirements may be reintroduced at the local level on an as needed basis. The Long-Term Plan may be rolled back in exceptional circumstances, such as if the provincial health system is at risk of becoming overwhelmed or a new COVID-19 variant is identified within the Province.

Under the new Plan, the Government of Ontario will begin lifting restrictions in five phases over the next six months, subject to any concerning trends in key public health and health care indicators.

Phase One

The first phase of the Long-Term Plan was implemented on October 25, 2021. This phase lifted capacity limits and physical distancing rules that required businesses to ensure individuals remained two metres apart at all time for certain indoor establishments where proof of vaccination is collected. The following establishments are required by law to view proof of vaccination upon entry and will have their capacity limits lifted:

  • Food and drink establishments;
  • Indoor sports and recreational facilities;
  • Casinos, bingo halls and other gaming establishments; and
  • Indoor meeting and event spaces.

The following settings are eligible to lift their capacity limits and physical distancing requirements if they choose to require proof of vaccination upon entry:

  • Personal care services (e.g., barber shops, salons, body art);‎
  • Indoor areas of museums, galleries, aquariums, zoos, science centres, landmarks, ‎historic sites, botanical gardens and similar attractions;‎
  • Indoor areas of amusement parks;‎
  • Indoor areas of fairs, rural exhibitions, festivals;‎
  • Indoor tour and guide services;‎
  • Boat tours;‎
  • Indoor areas of marinas and boating clubs;‎
  • Indoor clubhouses at outdoor recreational amenities;‎
  • Open house events provided by real estate agencies;
  • Indoor areas of photography studios and services; and
  • Locations where weddings, funerals or religious services are taking place.

Proof of vaccination will not be required to access medical care, medical supplies or grocery stores.

Phase Two

On November 15, 2021, the Long-Term Plan contemplates lifting capacity limits on what have been identified as high-risk settings. However, proof of vaccination will be required. These include:

  • Food or drink establishments with dance facilities (e.g., night clubs);
  • Strip clubs; and
  • Bathhouses and sex clubs.
Phase Three

On January 17, 2022, Ontario intends to begin lifting capacity limits in settings where proof of vaccination is not required and will begin removing proof of vaccination requirements in the following settings:

  • Food and drink establishments;
  • Indoor sports and recreational facilities;
  • Casinos, bingo halls and other gaming establishments; and

It will also evaluate certain Chief Medical Officer of Health Directives, including mandating COVID-19 vaccination policies in health settings, and plans to lift these directives as appropriate.

Phase Four

On February 7, 2022, the Government of Ontario plans to remove all proof of vaccination requirements from the aforementioned high-risk settings.

Phase Five

On March 28, 2022, the Government of Ontario intends to lift all remaining public heath and safety restrictions. This includes face covering mandates and proof of vaccination requirements in all remaining settings.

For further information and assistance navigating the requirements of a post-pandemic world, please consult our Coronavirus Resource Centre or contact any of the members of the DLA Piper Canadian Employment and Labour Law Service Group listed here.

This article provides only general information about legal issues and developments, and is not intended to provide specific legal advice. Please see our disclaimer for more details.

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