Further amendments to the Stage 1 Rules affecting the construction industry
January 18, 2021
As we continue to monitor the evolving COVID-19 situation as well as the Government’s response and the current emergency declaration, we want to advise that there have been further changes to O. Reg. 82/20: RULES FOR AREAS IN STAGE 1 to the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. O. Reg. 82/20: RULES FOR AREAS IN STAGE 1 outlines which businesses may remain open.
On January 15, 2021, the Government issued O. Reg. 14/21 which amends O. Reg. 82/20: RULES FOR AREAS IN STAGE 1. The amendments pertain to the construction industry activities, projects or services which may remain open under the Stage 1 Rules. The amendments came into effect on January 15, 2021.
Specifically, s. 43(b) has been amended so that construction activities, projects or related services that support ensuring safe and reliable operations of or the provision of new capacity in municipal infrastructure may remain open. Previously the amended Stage 1 Rules only referred to provincial infrastructure.
Previously, s. 43(b) provided:
(b) ensure safe and reliable operations of, or provide new capacity in, provincial infrastructure, including the transit, transportation, resource, energy and justice sectors beyond day-to-day maintenance;
The amended, and current, s. 43(b) states:
(b) ensure safe and reliable operations of, or provide new capacity in,
(i) municipal infrastructure, or
(ii) provincial infrastructure, including but not limited to, the transit, transportation, resource, energy and justice sectors;
The reference to “municipal infrastructure” has been struck from s. 43(d). S. 43(d) pertains to construction activities, projects or related services that support the operation of or provide new capacity in schools, colleges, universities and child care centres. With the O. Reg. 14/21 amendments, s. 43(d) now states:
(d) support the operations of, or provide new capacity in, schools, colleges, universities or child care centres within the meaning of the Child Care and Early Years Act, 2014;
Finally, O. Reg. 14/21 amends s. 43(l) of the Stage 1 Rules related to construction. Previously, construction activities, projects or related services that were funded in whole or in part by the Investing in Canada Infrastructure Program were permitted to remain open. The reference to the Investing in Canada Infrastructure Program has been deleted. Under the amendments, construction activities, projects or related services that are funded in whole or in part by the Crown in right of Canada, the Crown in right of Ontario, an agency of the Crown in right of Canada, an agency of the Crown in right of Ontario or a municipality may continue to remain open. S. 43(l) now states:
(l) are funded in whole or in part by,
(i) the Crown in right of Canada or in right of Ontario,
(ii) an agency of the Crown in right of Canada or in right of Ontario, or
(iii) a municipality;
We have updated the summary, entitled “The Ontario Government issues a second COVID-19 emergency declaration and a stay-at-home order”, that we previously issued on January 15, 2021 to reflect the most recent amendments.
We will continue to monitor the COVID-19 situation as well as the emergency declaration and will provide updates as needed.
If you have questions or need any further information as to how this may affect you, please do not hesitate to contact our office.
Practice Area
Labour Law
