Toronto Public Health issues new order limiting in-person school attendance

Thestar.com
May 7, 2021

Toronto’s Medical Officer of Health Dr. Eileen de Villa has issued a new public health order to education providers limiting in-person attendance of school-aged children across all education settings.

The new Section 22 order -- which will come into effect on Monday -- defines how and when school-aged children can attend school premises or other education settings. It also gives local officials the power to close Toronto schools breaking provincial rules imposed as Ontario tries to curb a third wave of the COVID-19 pandemic.

The intention of the Section 22 order is to “enhance” the provincial Lockdown Regulation by: limiting in-person attendance of school-aged children across all educational settings, not just schools that fall under the Education Act; and limiting in-person student attendance as much as possible, regardless of whether they qualify as “in-person teaching or instruction.”

Under the current provincial regulations, closures apply to “schools and private schools” under the meaning of the Education Act, subject to limited exceptions. Exceptions include the operation of licensed child-care centres within a school facility, as well as in-person learning for children with special education needs that cannot otherwise be accommodated through remote learning.

There are a variety of education providers that offer in-person teaching and instruction to school-aged children that do not qualify as a “school or private school”, according to public health. The order issued Thursday is aimed at “supplementing” provincial rules “in order to stop school-aged children from congregating indoors, in enclosed spaces, for extended periods, on a regular basis.”

In a tweet published Thursday, Coun. Joe Cressy wrote public health has issued the orders to “close private schools and education settings that are operating in violation of the Ontario government’s orders.”

Coun. Michael Colle, who represents Eglinton-Lawrence, said the provincial order currently in effect allows for too many “loopholes” and “grey areas.”

Back in March, Colle reported three private religious schools to public health after receiving complaints the schools were “fully-operational, with students going to and from schools.” The councillor said he continues to receive complaints from area residents about private schools in his ward potentially violating regulations.

“I can understand why [residents] are concerned, because this is a community thing. The virus doesn’t restrict itself to a school or a household. It all of a sudden hits everyone in a community,” Colle said. “We’re talking about a life or death situation here, especially among our children.”

He said he’s “very supportive” of making sure there are no “ifs, ands or buts” about public health orders.

“I don’t blame the schools much, because the provincial school closure act was not a very comprehensive one, so there’s a lot of errors in interpretation,” Colle said.

In a letter circulated to Toronto city councillors, Dr. Eileen de Villa wrote that while Toronto Public Health “appreciates the value and importance of in-person learning, further action is needed to prevent in-person gatherings, in order to reduce community transmission.”

“As COVID-19 and its more transmissible variants of concern continue to circulate in the community, TPH is urging residents to limit their interaction to only household members,” de Villa wrote.

The city’s top doctor previously issued a Section 22 order under the Health Protection and Promotion Act requiring all elementary and secondary school students in the city to transition to online/remote learning effective April 7. The order was in place until April 18, the end of the spring break.

After the April break, all elementary and secondary schools in the province moved to remote learning indefinitely after an announcement by Premier Doug Ford on April 12, citing increasing risk caused by COVID-19 variants and a massive spike in hospital admissions.

If a school or education provider fails to obey the Section 22 order, they can potentially be charged with a ticket that carries a set fine of $750 plus court costs and a victim fine surcharge. Alternatively, the charge may be laid as a court summons, with a maximum fine on conviction of $5,000 for individuals and $25,000 for corporations, for every day or part of a day on which the offence occurs or continues. Parents and children cannot be charged for failure to obey the order as it “is not directed at parents and children, rather it is directed at the schools and education providers.”