The State of Emergency in Ontario was lifted by the government
of Ontario on Tuesday February 9, 2021. Despite this promising
development, this does not mean that the construction industry is
completely back to “business as usual” just yet.
As part of the announcement lifting the state of emergency the
government of Ontario announced a return to the phased openings we
saw across the Province throughout the summer and fall of 2020.
Areas with greater transmission rates of COVID-19 will remain as
Stay-At-Home zones, while those areas that are relatively less
impacted by COVID can begin moving towards reopening. The timeline
for moving from a Stay-At-Home zone to the re-opening framework is
fluid at the moment and will be determined on a region-by-region
basis. The latest estimations for when each region will enter the
reopening framework can be found here.
The Reopening Framework (Not Stay-At Home Zones) – All
Construction Activities are Permitted
In those regions which have left the Stay-At-Home Zone and
entered the re-opening framework, all construction and construction
activities are permitted. This is true for all regions in the grey,
red, orange, yellow, and green zones established by the re-opening
framework.
Stay-At-Home Zones – Restrictions on Construction
Activities
In Stay-at-Home Zones the shutdown and stay at home order
continue in effect. Construction activities are limited to those
deemed essential as set out in the following list (Please note that
the changes in this list from the previous regulation are
bolded):
Construction activities or projects and related services,
including land surveying and demolition services, that,
- are associated with the healthcare
sector or long-term care, including new facilities, expansions,
renovations and conversion of spaces that could be repurposed for
health care space. - ensure safe and reliable operations
of, or provide new capacity in,- municipal infrastructure, or
- provincial infrastructure, including
but not limited to, the transit, transportation, resource, energy
and justice sectors;
- 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. - support the operations of, or provide
new capacity in schools, colleges, universities and child care
centres within the meaning of the Child Care and Early Years
Act, 2014. - are required for
- the maintenance and operations of
petrochemical plants and refineries; - significant industrial petrochemical
projects where preliminary work commenced before January 12, 2021;
or - 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.
- the maintenance and operations of
- would provide additional capacity in
the production, processing, manufacturing or distribution of food,
beverages or agricultural products. - were commenced before January 12,
2021 and that would,- provide additional capacity for
businesses that provide logistical support, distribution services,
warehousing, storage or shipping and delivery services, - provide additional capacity in the
operation and delivery of Information Technology (IT) services or
telecommunications services, or - provide additional capacity to, or
enhance the efficiency or operations of, businesses that extract,
manufacture, process and distribute goods - provide additional capacity to, or
enhance the efficiency or operations of, businesses that extract,
manufacture, process and distribute goods, products, equipment, and
materials.
- provide additional capacity for
- that support the operations of
broadband internet and cellular technologies and services. - are residential construction
activities or projects and related services. - prepare a site for an institutional,
commercial, industrial or residential development, including any
necessary excavation, grading, roads or utilities infrastructure.
are necessary to temporarily close construction sites that have
paused, or that are not active, to ensure ongoing public
safety;
- are funded in whole or in part by,
- the Crown in right of Canada or in
right of Ontario, - an agency of the Crown in right of
Canada or in right of Ontario, or - a municipality
- the Crown in right of Canada or in
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.