New COVID-19 restrictions take effect in Toronto on Saturday. Here’s what you need to know

Thestar.com
Nov. 11, 2020
Jennifer Pagliaro

“The grave risk we currently face is evident,” Toronto’s top doctor told residents on Tuesday afternoon. “More action is required to protect the people of Toronto from the rampant spread of COVID-19.”

With that, Dr. Eileen de Villa, the city’s medical officer of health, announced she would use her powers under provincial legislation to keep businesses from reopening in Toronto on Saturday as planned under new Ontario guidelines.

She also strongly urged residents and businesses to take additional steps to protect their health.

De Villa’s move came as the number of new cases in the city continue to rise more than 500 per day.

Here’s what you need to know:

So, what stage is Toronto in?

The province did away with numbered stages as of last weekend (“Stage 2”) and there is now a colour-coded system based on new criteria set out in a provincial framework.

Originally, Toronto was supposed to enter the “orange” or “restrict” phase but city officials asked for more time -- until Saturday -- to assess the situation locally.

De Villa is now recommending Toronto be placed in the “red” or “control” stage as of that date, which is one stage before a full lockdown. She has also imposed additional restrictions on residents and businesses.

What’s still closed and what’s reopening?

Starting at 12:01 a.m. on Saturday, new orders from de Villa will be in place for 28 days. Those orders add a layer on top of the province’s “red” category rules for the following businesses:

• Restaurants and bars: Eating and drinking at indoor establishments will remain prohibited in Toronto.

Under the new provincial framework, up to 10 people are allowed to be indoors at bars and restaurants in the “red” category, but de Villa’s orders will keep feasting and imbibing to winter patios only at tables of up to four people.

All establishments will close at 10 p.m. and alcohol will only be served until 9 p.m. Strip clubs will remain closed under provincial rules.

• Gyms & sports teams: Though the province’s “red” category allows indoor fitness and exercise classes of up to 10 people, all classes will be prohibited under de Villa’s orders.

However, individual use of indoor gym facilities like weights and other exercise equipment will now be allowed with up to 10 people inside a gym at a time, as permitted by provincial rules. Face coverings must be used inside when not exercising.

Outdoor fitness classes of up to 25 people will also be permitted under provincial rules.

No team sports except for training are allowed under provincial rules.

• Event spaces, casinos, bingo halls and other gaming establishments: The province’s “red” category allows 10 people indoors and 25 people outdoors with limits on opening hours and alcohol sales, but under de Villa’s orders these spaces will all remain closed.

Are these just suggestions or new rules?

These are enforceable new rules under the provincial Health Protection and Promotion Act (HPPA) and the province’s Reopening Ontario Act.

Under section 22 of the HPPA, a medical officer of health can make an order that would require a person to refrain from a specified activity if they are of the opinion or have “reasonable and probable grounds” to believe a communicable disease exists and there is an immediate risk of outbreak; that the disease poses a risk to people in their health unit; and that the requirements in their order are necessary to “decrease or eliminate” that risk to health.

Last month, de Villa told reporters she did not believe she had the legal authority under the HPPA to make such sweeping orders, referencing advice from the city’s legal team. On Tuesday, she said that legal advice had not changed, but the urgency of the situation had.

Are there penalties for not following the orders?

Yes. According to the HPPA, anyone who contravenes an order under the Act could be fined up to $5,000 per day for every day the offence occurs or continues. Corporations can be fined up to $25,000 per day and their officers and employees can also be found liable.

Additional, harsher penalties exist for breaching provincial orders.

Are there other measures being put in place as of Saturday?

Yes. De Villa is also “strongly” recommending -- but the city can’t enforce -- the following measures:

• Residents should limit all social gatherings and close contact to those within their household and one or two essential support persons
• Residents should limit trips outside the home to essential activities only, like going to work, school or health appointments, shopping for a household and exercise
• Workplaces should implement work-from-home policies wherever possible, and ensure heating and ventilation systems are in good working order, as well as appointing a compliance officer to ensure implementation of occupation health and safety, and infection prevention and control measures
• Religious institutions should limit indoor services to 30 per cent capacity for a maximum of 50 people. (Provincial rules, which are enforceable, require 30 per cent capacity but have no cap on the total number of people.)