Ontario’s New Rules Permit Additional Construction Activities

In the last few weeks, most of Ontario has begun transitioning out of a provincial wide Stay-At-Home Order back to the colour coded COVID-19 response framework. The experts at Frank Feldman Law are here to help you navigate Construction Regulations in 2021. Check our guide below to see how your region is being affected.

Regions no longer under the Stay-At-Home Order

In Public Health Regions no longer subject to Ontario’s Stay-At-Home Order, all construction activities are permitted. This applies to the following response framework: Grey – Lockdown, Red – Control, Orange – Restrict, Yellow – Protect, and Green – Prevent.

Regions with a Stay -At-Home Order (Peel, Toronto, North Bay Parry Sound District)

In regions still subject to Ontario’s Stay-At-Home order, the Ontario government has indicated that the January 13, 2021 regulations for essential construction will continue to apply. These regulations restricted construction projects to those deemed essential construction activities only.

In accordance with Ontario Regulation 10/21 (43), the following activities are deemed essential and can continue in Public Health Regions still under the Stay-At-Home Order:

Construction activities or projects and related services, including land surveying and demolition services, that,

(a) are associated with the health care sector or long-term care, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space;

(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;

(c) 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;

(d) support the operations of, or provide new capacity in, schools, colleges, universities, municipal infrastructure or child care centres within the meaning of the Child Care and Early Years Act, 2014;

(e) are required for,

(ii) significant industrial petrochemical projects where preliminary work commenced before January 12, 2021, or

(iii) 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;

(f) would provide additional capacity in the production, processing, manufacturing or distribution of food, beverages or agricultural products;

(i) provide additional capacity for businesses that provide logistical support, distribution services, warehousing, storage or shipping and delivery services, or

(ii) provide additional capacity in the operation and delivery of Information Technology (IT) services or telecommunications services;

(h) support the operations of broadband internet and cellular technologies and services;

(i) are related to residential construction projects where,

(i) a building permit has been granted for a single family, semi-detached and townhomes,

(ii) the project is a condominium, mixed-use or other residential building, or

(iii) the project involves renovations to residential properties and construction work that was started before January 12, 2021;

(j) prepare a site for an institutional, commercial, industrial, or residential development, including any necessary excavation, grading, roads or utilities infrastructure;

(k) are necessary to temporarily close construction sites that have paused, or that are not active, to ensure ongoing public safety;

(l) are funded in whole or in part by the Investing in Canada Infrastructure Program;

(m) are,

(a) intended to provide shelter or supports for vulnerable persons or affordable housing; and

(b) being funded in whole or in part by, or are being undertaken by,

(A) the Crown in right of Canada or in right of Ontario,

(B) an agency of the Crown in right of Canada or in right of Ontario,

(C) a municipality,

(D) a service manager as defined the Housing Services Act, 2011, or

(E) a registered charity within the meaning of the Income Tax Act (Canada), or

(F) a not-for-profit corporation.

Please note that this list varies from other framework provided by the Ontario government in the past. Be sure to read the complete regulations here: ONTARIO REGULATION 10/21

Call today to learn more (647) 347-9573, ext. 1.

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