Roadmap to Re-Opening Condominium Amenities
Today, Ontario moves into Step 3 of its re-opening plan. One of the most important changes impacting condominiums is the ability to re-open both outdoor and indoor recreational amenities, including sport and fitness amenities.
As a general rule for safely re-opening amenities, condominiums must comply with their legal obligations and with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting. We summarize some of the key requirements below.
Capacity
For all recreational amenities, capacity must be limited to a number that (1) allows users to maintain a 2-metre distance and (2) is no more than 50 per cent of the normal capacity (as determined by the Fire Code). This number must also be less than 25 people for indoor amenities (including gyms, pools and multi-purpose amenities), and less than 100 people for outdoor amenities (including rooftop terraces, communal BBQs, and garden areas). A sign stating the maximum capacity must be posted in a conspicuously visible location for all amenities.
Masks
Everyone who enters outdoor sport/fitness amenities and all indoor amenities is required to wear a mask or face covering, except while exercising (or unless they are subject to an exemption).
Screening and Tracing
Condominiums must actively screen individuals who enter outdoor sport/fitness amenities and all indoor amenities for COVID-19 symptoms and potential exposure. This can be done by way of a questionnaire, to be completed and signed by each individual before entering the amenities. Examples are available on local public health unit websites and Ontario.ca. Condominiums must also maintain a record of the names and contact information of the individuals for at least one month. These records can only be disclosed to a medical officer or an inspector under the Health Protection and Promotion Act.
Cleaning
Common washrooms, locker rooms, change rooms, showers or similar amenities made available must be cleaned and disinfected “as frequently as is necessary to maintain a sanitary condition”. The same cleaning standard applies to all recreational amenities, any equipment that is available to amenity users, and all high touch areas. Additionally, condominiums should make disposable disinfecting wipes easily available within the amenities to encourage users to clean any equipment before and after each use.
Liability
Even as we enter Step 3, Board and Management concerns regarding liability for amenity users contracting COVID-19 are understandable. However, the Supporting Ontario’s Recovery and Municipal Elections Act, 2020 (commonly known as “Bill 218”), which became law on November 20, 2020 is of great assistance. Bill 218 offers liability protection to condominiums that make a “good faith effort” to follow public health guidelines and applicable laws regarding COVID-19. Bill 218 does not impose a standard of perfection; rather, there must be an “honest effort, whether or not that effort is reasonable”. This offers significant protection to condominium corporations who do their best to follow their legal obligations and the applicable guidelines. However, Bill 218 will not protect condominiums found to be grossly negligent, that is, ignoring their responsibilities.
Finally, it must be noted that condominium corporations are not required to open amenities. The decision ultimately rests with the Board of Directors and must be made on a case-by-case basis. If a condominium cannot safely open its amenities or cannot realistically comply with the safety requirements, amenities may remain closed until the government further loosens safety requirements.