“TO: Persons responsible for a business or organization that is open in the districts of Sudbury and Manitoulin

Please note that many of the provisions outlined within the Letter of Instruction are now redundant as they were captured within the updated Regulation 364/20. Per earlier communication, we have cross-referenced the new provincial Regulation with the local Instructions. This email highlights the remaining additional local requirements in the Instructions.

Capacity and Gathering Limits

The Government of Ontario has required the following establishments have the maximum number of patrons permitted to be in the indoor areas at any one time at 50 per cent capacity:

  • Restaurants, bars, and other food or drink establishments and strip clubs
  • Personal care services
  • Personal physical fitness trainers
  • Retailers (including grocery stores and pharmacies)
  • Shopping mall
  • Indoor recreational amenities
  • Indoor clubhouses at outdoor recreational amenities
  • Tour and guide services
  • Photography studios and services
  • Marinas and boating clubs
  • Facilities used for sports and recreational fitness activities
  • Entertainment facilities such as concert venues, theatres and cinemas
  • Racing venues
  • Meeting and event spaces
  • Studio audiences in commercial film and television production
  • Museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions
  • Casinos, bingo halls and other gaming establishments
  • Fairs, rural exhibitions, and festivals

The updated Letter of Instruction goes further to require some of these to be limited to the number that can maintain a physical distance of at least 2m from every other person. Additionally, these capacity limits apply to each room in these types of establishments. The Letter of Instruction also goes further to require that patrons seated at different tables are separated by a distance of at least two metres, or plexiglass or some other impermeable barrier. The Letter of Instruction also applies the social gathering and event gathering limits of 10 people indoors and 25 people outdoors to any establishment hosting or permitting a social gathering or organized public event. Finally the Letter of Instruction limits the total number of members of the public permitted to be in an outdoor portion of the establishment at any one time to not exceed the lesser of 75 per cent capacity, 30,000 persons in the case of a seated meeting or event, or 15,000 persons in the case of an unseated meeting or event.

Proof of Vaccination

The Government of Ontario has also strengthened Proof of Vaccination requirements removing exemptions for patrons under 18 years of age who are entering a facility used for sports and recreational fitness activities for the purpose of actively participating in an organized sport. This was already required within the Letter of Instruction. However, the updated Letter of Instruction further requires that businesses and facilities identified in O.Reg. 364/20 that have “opt-in” proof of vaccination for patrons, must require proof of vaccination. This includes:

  • Real estate agencies, in respect of open houses hosted by the real estate agency.
  • Businesses that provide personal care services relating to the hair or body, including hair salons and barbershops, manicure and pedicure salons, aesthetician services, piercing services, tanning salons, spas and tattoo studios.
  • Indoor recreational amenities.
  • Outdoor recreational amenities, in respect of indoor clubhouses.
  • Photography studios and services, in respect of indoor areas.
  • Museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions, in respect of indoor areas.
  • Amusement parks, in respect of indoor areas
  • Fairs, rural exhibitions, festivals and similar events, in respect of indoor areas.
  • Businesses that provide tour and guide services, including guided hunting trips, tastings and tours for wineries, breweries and distilleries, fishing charters, trail riding tours, walking tours and bicycle tours, in respect of indoor areas.
  • Businesses that provide boat tours, if the business is otherwise permitted to operate by the Step 3 Rules.
  • Marinas, boating clubs, and other organizations that maintain docking facilities for members or patrons, in respect of indoor areas.

Safety Plans

The Government of Ontario does require every business and organization to have and make available a safety plan under O.Reg. 364/20. In addition, the Letter of Instruction requires that the safety plan describe the measures and procedures which have been implemented or will be implemented to ensure compliance with all applicable requirements for capacity limits, social gathering and organized public event limits, physical distancing (including ensuring compliance with applicable physical distancing requirements), active screening, contact tracing information, and masking (including the sector-specific). Moreover, the safety plans should be reviewed with workers regularly, at least once per month, and adjusted as necessary. These meetings must be documented and include attendees, the date of meeting, and a summary of the discussion.

Masking

In addition to the masking requirements outlined under O.Reg. 364/20, the Letter of Instruction requires patrons/members of the public in outdoor areas of an establishment/facility to wear a mask or face covering in a manner that covers their mouth, nose and chin (exceptions apply) or maintain a distance of at least 2 metres from every person outside their household. Furthermore, the Letter of Instruction requires businesses or organizations to ensure that any person in the indoor area of the premises wears a mask or face covering in a manner that covers their mouth, nose and chin during any period when they are in the indoor area unless physical distancing exemptions apply. This requires active monitoring to ensure that any person not actively engaged in consuming food or drink is properly masked.

Active screening

In addition to the screening requirements outlined under O.Reg. 364/20, the Letter of Instruction does requires all patrons/members of the public entering an establishment/facility to be actively screened before they enter the indoor premises of the establishment/facility. This is required for persons entering the premises of the establishment/facility whether indoors or outdoors.

Restaurants, bars and other food or drink establishments

In addition to the capacity limits, event and social gathering limits, active screening, safety plan, and masking requirements noted above, the Letter of Instruction requires the establishment be configured so that patrons seated at different tables are separated by a distance of at least two metres, or plexiglass or some other impermeable barrier. It also states that no buffet-style service may be provided, and that music must not be played at the establishment/facility at a decibel level that exceeds  the level at which normal conversation is possible.

Shopping malls and retailers

In addition to the capacity limits, event and social gathering limits, safety plan, and masking requirements noted above, the Letter of Instruction requires that music must not be played at the shopping mall at a decibel level that exceeds the level at which normal conversation is possible. It also requires that no member of the public may be permitted to line up or congregate inside the mall unless they are maintaining a physical distance of at least two meters from other groups of persons inside or outside the mall, and properly masked.

Personal physical fitness trainer

In addition to the capacity limits, event and social gathering limits, active screening, safety plan, and masking requirements noted above, the Letter of Instruction requires that services may not be provided, at one time, indoors or outdoors, to more than the number of persons who can maintain a physical distance of at least three metres from every other person in the space where the services are provided. It also requires that team sports or games that may result in personal contact must not be practised or played unless the sport has been modified to avoid personal contact.

Facilities used for sports and recreational fitness activities

In addition to the current requirements of O.Reg. 364/20, and to the capacity limits, event and social gathering limits, active screening, safety plan, and masking requirements noted above, the Letter of Instruction requires that team sports or games that may result in personal contact not be practised or played at the facility unless the sport has been modified to avoid personal contact (exemptions apply for a sport league or association identified in Column 2 of the Tables in Schedule 1 of the Letter of Instruction). In addition, the facility must set, monitor, and enforce occupancy limits for change rooms, washrooms, and bathrooms based on maintaining a minimum distance of 2 metres between occupants. The facility must also develop policies to minimize the amount of time persons attending the facility spend in enclosed spaces, specifically:

 i.   Not permitting persons attending the facility to enter the facility more than 15 minutes before the start of the event and requiring them to vacate the facility within 15 minutes following the event;

 ii.   Giving direction to participants in all sports and recreational fitness activities to arrive at the facility fully or partially dressed to minimize time spent in changing room facilities; an

iii.    Giving direction to participants in all sports and recreational fitness activities to remain masked as long as possible before engaging in their sport or recreational fitness activity, e.g., including in changerooms.

Strip clubs

In addition to the current requirements of O.Reg. 364/20, and to the capacity limits, event and social gathering limits, active screening, safety plan, and masking requirements noted above, the Letter of Instruction requires that performers at the establishment must maintain a physical distance of at least 3 meters.

 Work from home

Finally, in addition to everything noted above, the Letter of Instruction requires any person responsible for a business or organization that is open to ensure that any person who performs work for the business or organization conducts their work remotely, unless the nature of their work requires them to be on site at the workplace (not applicable for the operations or delivery of services by any government in Ontario or any person or publicly-funded agency or organization that delivers or supports government operations and services, including operations and services of the health care sector). It is also required that for those workers who cannot work remotely, operators limit the gathering of workers as much as possible by using virtual options for meetings, ensuring physical distancing in lunchrooms and breakrooms, as well as other locations where workers may be eating and/or drinking, and staggering lunches and breaks.

These instructions are legally enforced by Public Health officials and by Provincial Offences Officers and failure to comply with these instructions throughout the Public Health Sudbury & District Service Area (including Sudbury and Manitoulin districts) is an offence.

These protective measures will help reduce the spread of the virus, protect our communities, and preserve the capacity of our health system. For more information or if you have questions, please visit phsd.ca/COVID-19 or call Public Health Sudbury & Districts at 705.522.9200 (toll-free 1.866.522.9200).”