Ontario re-opens…again

The Ontario Government announced this week that it would continue to ease public health measures as hospitalizations and ICU numbers in the province continued to decrease. Gathering limits have been increased and capacity limits for some places that are open to the public, such as restaurants and commercial gyms, have been removed. Places that are now required to verify patrons’ vaccination status may choose to stop doing so on March 1.

Condominium Amenities – Maximum Number of Users is 50

Starting today, the maximum number of people that may gather indoors – including in private condominium amenities like gyms, party rooms, and pools – has been increased to 50 people. This applies regardless of whether the amenity has a greater legal capacity. Boards may impose stricter capacity limits should it be necessary to ensure that users have enough space to maintain physical distance from those outside their household.

The foregoing will apply to the majority of condominium amenities. However, there are some limited situations where different regulations may apply, for example, catered events or an amenity, such as a gym, the use of which is shared with outsiders (other than residents’ guests).

Boards who think their amenities may be unusual should always consult with the condminium’s legal counsel for specific advice.

Proof of Vaccination Requirements Remain Possible

The government announcement does not affect rules implemented by private business or property owners. Therefore, while the government-imposed vaccine requirements will end on March 1, condominium corporations that have opted to require that users present proof of vaccination to use the indoor amenities may continue to do so after March 1.

Masking Requirements Remain

Corporations must continue to have and enforce a mask policy to ensure that people in common areas wear masks or face coverings unless they are exempt. The Government plans to announce the lifting of mask requirements at a later date.

Elevator Capacity Limits Remain

In accordance with public health guidance, condominium corporations should continue to limit the number of people per elevator so that people can remain two meters from anyone not in their household.

Takeaways

Many condominium residents will be relieved that Ontario has begun to open up and will look forward to greater freedom and mobility both in their condominium communities and in society at large. It is our view that condominiums may continue to maintain restrictions that are stricter than those required in the provincial regulations for the foreseeable future. Boards will have to evaluate and balance the unique risk factors and desires of their owners and residents in doing so.