Copy
Shibley Righton Condo e-bulletin
Placeholder Image
CONDOMINIUM GYMS TO REOPEN
Last week, we wrote that the City of Toronto had advised stakeholders that condominium gyms were not subject to the restrictions placed on commercial gyms. We advised that we were following up with the Ministry of Health and Long-Term Care. We have not received any confirmation from the province at this time, despite our repeated requests for comment. In light of this, our advice remains the same – condominium gyms are subject to the same restrictions as commercial gyms and, for the time being, any areas with weights or exercise machines must remain closed. Fitness classes are also prohibited.

Reopening under the Province’s New Framework

On Tuesday, the Government of Ontario announced its new COVID-19 Response Framework. Under this framework, the three “stages” will be more or less replaced by a set of graduated, colour-coded measures.

What the New Definitions Mean for Condominiums

As of tomorrow (November 7), Ottawa and York Region will enter “Restrict” (Orange) level. Peel will enter the more severe “Control” level. Toronto will remain in the modified Stage 2 for another week before entering “Restrict” on November 14.

This means that, as of November 7 (and November 14 for Toronto), condominiums in these health units may re-open their gyms.

Gym re-openings in Ottawa, York and Toronto are subject to the following requirements:
Equipment and machines must be spaced so that everyone can remain 3m apart;
Everyone must wear a mask or face covering when not exercising;
No more than 50 people may be in the facility at one time (though the actual number will be less);
Indoor recreational programs are limited to 10 people;
Appointments are required (no walk-ins);
No one may stay in the gym for more than 1 hour;
Everyone must complete a screening questionnaire; and
Contact information is required for all patrons.
All the above requirements also apply to Peel, with the following additions:
No more than 10 people may be in an area with weights or exercise machines, or attend a fitness class.
Movie rooms in Ottawa and York may re-open on November 7 (and November 14 for Toronto), subject to the requirement that:
Patrons must be screened and provide their contact information; and
No more than 50 people may be in the facility at any one time (actual number will be less because patrons must remain 2 m away from everyone else).
Movie rooms in Peel must remain closed.
Remember, just because it is possible to reopen amenities does not necessarily mean that they should be reopened. Each Board must make a decision to reopen after considering the corporation’s ability to comply with regulations and the situation in the community. In certain circumstances, it may be reasonable to keep the gym and other amenities closed.

Explanation of New Categories

The colour-coded measures are as follows, from least to most restrictive:
1.       Prevent (Green)
2.      Protect (Yellow)
3.      Restrict (Orange)
4.      Control (Red)
5.      Lockdown (Grey)
On November 7, the following areas will enter “Protect”:
Brant County Health Unit;
City of Hamilton Public Health Services;
Durham Region Health Department; and
Halton Region Public Health.
The following areas will enter “Restrict”:
Eastern Ontario Health Unit;
Ottawa Public Health;
Toronto Public Health;* and
York Region Public Health.
* Toronto will enter “Restrict” on November 14.

The following areas will enter “Control”:
Peel Public Health.

All other areas are in “Prevent”. No areas will be in “Lockdown”.

Provisions that Apply to Cinemas

Condominium cinemas may reopen under any measure except for “Control” and “Lockdown”. This means that cinemas cannot open in Peel. Patrons must be screened, and no more than 50 people may be in the facility at any one time (actual number will be less because patrons must remain 2 m away from everyone else).

Provisions that apply to Condominium Gyms

Gyms may open under all the measures, except for “Lockdown”.

In “Prevent” (most areas in Ontario), gyms may open if the following requirements are met:
50 people may be in an area with weights or exercise machines, or attend an indoor fitness class, so long as they can maintain an appropriate physical distance (i.e., 3m, see “Protect”, above);
Team sports are allowed, so long as physical contact is avoided; and
Volume of music played must lowered to “conversation level”.
In “Protect”,(Brant, Hamilton, Durham, and Halton), the above restrictions apply, but:
Face coverings must be worn except when not exercising;
Increased spacing between patrons of 3m, not 2m;
Contact information is required for all patrons;
Appointments are required; and
Recreational programs are limited to 10 people per room or 25 people outdoors.
In “Restrict” (Ottawa, York, and Toronto on November 14), the above restriction apply, but:
No more than 50 people in the facility area (actual number may be less because patrons must be able to remain 3m away from everyone else);
Individuals may not stay for more than 1 hour;
Everyone must be screened with a questionnaire; and
Spectators are not permitted (except for parental/guardian supervision of children).
In “Control” areas (Peel), the above restrictions apply, but:
There can be no more than 10 people in the area with weights and exercise equipment at any one time, or in an exercise or fitness class.
The text of the regulations has not been released yet, and we expect that soon. Once released, we will provide more guidance and clarification. For now, you may consult the framework.
Court Orders Toronto woman to stop smoking at home
Lastly, we previously we wrote about how one of our condominium corporation clients successfully enforced a rule to prohibit smoking inside of a residential unit. The Globe and Mail recently ran a story on this, which you can read here.

You can find copies of our previous newsletters here

Placeholder Image
Placeholder Image

Armand Conant
T: 416.214.5207
F: 416.214.5407
E: aconant@shibleyrighton.com
Click here to Download my vCard

Placeholder Image

Audrey Loeb
T: 416.214.5267
F: 416.214.5467
E: aloeb@shibleyrighton.com
Click here to Download my vCard

Placeholder Image

Deborah Howden
T: 416.214.5279
F: 416.214.5479
E: deborah.howden@shibleyrighton.com
Click here to Download my vCard

Placeholder Image

Warren Kleiner
T: 416.214.5238
F: 416.214.5438
E: wkleiner@shibleyrighton.com
Click here to Download my vCard

Placeholder Image

John De Vellis
T: 416.214-5232
F: 416.214.5432
E: john.devellis@shibleyrighton.com
Click here to Download my vCard

Placeholder Image

Patrick Greco
T: 416.214-5220
F: 416.214.5420
E: pgreco@shibleyrighton.com
Click here to Download my vCard

Placeholder Image

Megan Mackey
T: 416.214.5214
F: 416.214.5414
E: mmackey@shibleyrighton.com
Click here to Download my vCard

Placeholder Image

Joel Berkovitz
T: 416.214.5264
F: 416.214.5464
E: joel.berkovitz@shibleyrighton.com
Click here to Download my vCard

Placeholder Image

Luis Hernandez
T: 416.214.5259
F: 416.214.5459
E: lhernandez@shibleyrighton.com
Click here to Download my vCard

Placeholder Image

Evan Holt
T: 416.214.5213
F: 416.214.5413
E: eholt@shibleyrighton.com
Click here to Download my vCard

Placeholder Image

Inder Suri
T: 416.214.5239
F: 416.214.5439
E: isuri@shibleyrighton.com
Click here to Download my vCard

Placeholder Image

Patrick Nelson
T: 416.214.5210
F: 416.214.5410
E: pnelson@shibleyrighton.com
Click here to Download my vCard


HAMILTON AREA
4145 N. Service Rd. 2nd Floor
Burlington, ON L7L-6A3
Main: 905.769.0409
Toll Free: 877.214.5200

TORONTO
250 University Avenue#700
Toronto, ON M5H 3E5
Main: 416.214.5200
Toll Free: 877.214.5200 

WINDSOR
2510 Ouellette Avenue #301
Windsor, ON N8X 1L4
Main: 519.969.9844
Toll Free: 1.866.422.7988






This email was sent to <<Email Address>>
why did I get this?    unsubscribe from this list    update subscription preferences
Shibley Righton LLP · 250 University Ave. · Suite 700 · Toronto, On M5H 3E5 · Canada