Government of Ontario announces second Stay-at-Home order

On April 7, 2021, the government of Ontario, in consultation with the Chief Medical Officer of Health and other health experts, announced it was immediately declaring a third provincial emergency under s 7.0.1 (1) of the Emergency Management and Civil Protection Act (“EMCPA”). This announcement comes on the heels of the government of Ontario announcing a province-wide emergency brake, which went into effect Saturday, April 3, 2021.

The government of Ontario plans to issue a province-wide Stay-at-Home order effective Thursday, April 8, 2021 at 12:01 a.m. requiring everyone to remain at home except for essential purposes, such as going to the grocery store or pharmacy, accessing health care services (including getting vaccinated), for outdoor exercise, or for work that cannot be done remotely.

Employers must ensure that only employees who cannot work remotely are permitted to attend at the workplace. Moreover, employers should review and confirm they remain in compliance with COVID-19 health and safety measures, including face coverings, enhanced cleaning and hygiene, COVID-19 safety plans, workplace screening for employees and essential visitors, among others.

In addition, the province of Ontario announced significant changes related to the operation of non-essential retail. Most notably, unlike the previous Stay-at-Home order, discount and box stores will be limited to selling only essential items to in-person shoppers. These changes will take effect as of Thursday, April 8, 2021 at 12:01 a.m. and ‎include, but are not limited to:‎

• Limiting the majority of non-essential retailers to only operate for curbside pick-up and ‎delivery, via appointment, between the hours of 7 a.m. and 8 p.m., with delivery of ‎goods to patrons permitted between 6:00 am and 9:00 pm, and other restrictions;‎
• Restricting access to shopping malls to limited specified purposes, including access ‎for curbside pick-up and delivery, via appointment, with one single designated ‎location inside the shopping mall, and any number of designated locations outside ‎the shopping mall, along with other restrictions;‎
• Restricting discount and big box stores in-person retail sales to grocery items, pet ‎care supplies, household cleaning supplies, pharmaceutical items, health care ‎items, and personal care items only;‎
• Permitting the following stores to operate for in-person retail by appointment only and ‎subject to a 25 percent capacity limit and restricting allowable hours of operation ‎to between 7 a.m. and 8 p.m. with the delivery of goods to patrons permitted ‎between 6 a.m. and 9 p.m.:‎
  • Safety supply stores;‎
  • Businesses that primarily sell, rent or repair assistive devices, aids or supplies, ‎mobility devices, aids or supplies or medical devices, aids or supplies;‎
  • Rental and leasing services including automobile, commercial and light ‎industrial machinery and equipment rental;‎
  • Optical stores that sell prescription eyewear to the public;‎
  • Businesses that sell motor vehicles, boats and other watercraft;‎
  • Vehicle and equipment repair and essential maintenance and vehicle and ‎equipment rental services; and
  • Retail stores operated by a telecommunications provider or service, which may ‎only permit members of the public to enter the premises to purchase a ‎cellphone or for repairs or technical support.‎
  • Permitting outdoor garden centres and plant nurseries, and indoor greenhouses that ‎engage in sales to the public, to operate with a 25 percent capacity limit and a ‎restriction on hours of operation to between 7 a.m. and 8 p.m.‎

The government of Ontario also announced health and safety inspectors and provincial offenses officers will increase inspections and enforcement at essential businesses in regional hot zones.

For further information, please consult our ‎Coronavirus Resource ‎Centre or feel free to ‎contact any member of our DLA Piper Canadian Employment and ‎Labour Law Service ‎Group, who will ‎‎ensure that you are acting upon the most up-to-date information.‎

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