By Robin MacLennan
Ontario Construction News staff writer
A province-wide stay-at-home order and new restrictions on non-essential construction will go into effect at midnight Wednesday, as new COVID-19 modelling shows the health-care system is on the verge of being overwhelmed.
The order, expected to be in place for “at least 28 days”, will require everyone to remain at home with exemptions for grocery stores or pharmacies, health care services, for exercise and essential work.
Non-essential construction has been further restricted, including below-grade.
According to the Ontario Homebuilders Association, essential construction includes:
- Projects associated with the healthcare/LTC sectors
- Schools/CC and critical infrastructure
- Industrial construction
- Construction due to be completed before July 2021
Land surveying and demolition services are also permitted.
“Community transmission is widespread. It’s in our hospitals, it’s in our long-term care homes, and it’s in our workplaces,” Health Minister Christine Elliott said Tuesday.
Debate on social media after the announcement included confusion about what is essential and non-essential construction.
RESCON appreciates that residential construction remains operational across Ontario. We will continue to work with members, sub-trades, labour partners,” and Minister @MonteMcNaughton to mitigate the spread of #COVID19 & ensure workers continue to work safety,” the Residential Construction Council of Ontario wrote on Twitter.
“Tracking and tracing is key to stopping the spread of #COVID19, combined with mask wearing, hand washing & physical distancing. RESCON encourages construction workers to continue to follow public health guidelines.”
Updated regulations in play across the province starting Thursday include every person in the premises of a business or organization that is open shall ensure that they wear a mask or face covering that covers their mouth, nose and chin, when they are in indoor areas of the premises, with limited exemptions.
Premier Ford said the state of emergency will be in effect for at least 28 days.
The latest modelling data shows that Ontario is in a crisis and, with the current trends, our hospital ICUs will be overwhelmed in a few short weeks with unthinkable consequences,” said Premier Ford.
A statement from Premier Doug Ford’s office issued Tuesday afternoon outlines construction work that will be “deemed essential” and allowed to continue during the enhanced restrictions:
- Construction projects and services associated with the healthcare sector and long-term care, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space.
- Construction projects and services required to ensure safe and reliable operations of, or to provide new capacity in, provincial infrastructure, including transit, transportation, energy, mining and justice sectors beyond the day-to-day maintenance.
- Construction projects and services that support the operations of, and provide new capacity in schools, colleges, universities, municipal infrastructure and child care centres within the meaning of the Child Care and Early Years Act, 2014.
- Construction projects under the Investing in Canada Infrastructure Program
- Construction projects and services that support the operations of Broadband internet and cellular technologies and services.
- Critical industrial construction activities required for,
the maintenance and operations of petrochemical plants and refineries,
significant industrial petrochemical projects where preliminary work has already commenced,
industrial construction and modifications to existing industrial structures limited solely to work necessary for the production, maintenance, and/or enhancement of Personal Protective Equipment, medical devices (such as ventilators), and other identified products directly related to combatting the COVID-19 pandemic. - Construction projects that are due to be completed before July 2021 and that would provide additional capacity in the production, processing, manufacturing or distribution of food, beverages or agricultural products.
- Construction projects that were commenced before January 12, 2021, and that would,
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. - Residential construction projects where,
a footing permit has been granted for single family, semi-detached and townhomes
the project is a condominium, mixed use or other residential building, or
the project involves renovations to residential properties and construction work was started before January 12, 2021. - Construction to prepare a site for an institutional, commercial, industrial or residential development, including any necessary excavation, grading, roads or utilities infrastructure.
- Construction and maintenance activities necessary to temporarily close construction sites that have paused or are not active and to ensure ongoing public safety.
- Below-grade multi-unit residential construction projects, such as apartments and condominiums. The Ontario government also provided that businesses must follow public health measures and should review the workplace safety guidelines.
- Construction on any project intended to provide either,
affordable housing, or
shelter or supports for vulnerable persons, - If the project is being funded in whole or in part by, or is being undertaken by, any of the following:
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 in the Housing Services Act, 2011, or
E. a registered charity and not for profit within the meaning of the Income Tax Act (Canada)
The statement says essential work sites protections will be enhanced with workplace testing and additional enforcement to ensure compliance.
If I’ve already started indoor construction on my retail business (non-food) that is moving at the end of March 2021, am I affected?
I presume it would depend on whether your business is essential as defined by the regulations:
https://ontarioconstructionnews.com/covid-19-stay-at-home-rules-construction-restrictions-outlined/
Do you have a link to the statement from the Premier? I can’t seem to find a link to it.
Hi Jeff … There isn’t a link to the info, but this is what I got directly from the Premier’s office today:
Construction:
The Ontario government has updated the list of construction projects deemed essential, and that list includes:
Construction projects and services associated with the healthcare sector and long-term care, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space.
Construction projects and services required to ensure safe and reliable operations of, or to provide new capacity in, provincial infrastructure, including transit, transportation, energy, mining and justice sectors beyond the day-to-day maintenance.
Construction projects and services that support the operations of, and provide new capacity in schools, colleges, universities, municipal infrastructure and child care centres within the meaning of the Child Care and Early Years Act, 2014.
Construction projects under the Investing in Canada Infrastructure Program
Construction projects and services that support the operations of Broadband internet and cellular technologies and services.
Critical industrial construction activities required for,
the maintenance and operations of petrochemical plants and refineries,
significant industrial petrochemical projects where preliminary work has already commenced,
industrial construction and modifications to existing industrial structures limited solely to work necessary for the production, maintenance, and/or enhancement of Personal Protective Equipment, medical devices (such as ventilators), and other identified products directly related to combatting the COVID-19 pandemic.
Construction projects that are due to be completed before July 2021 and that would provide additional capacity in the production, processing, manufacturing or distribution of food, beverages or agricultural products.
Construction projects that were commenced before January 12, 2021, and that would,
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.
Residential construction projects where,
a footing permit has been granted for single family, semi-detached and townhomes
the project is a condominium, mixed use or other residential building, or
the project involves renovations to residential properties and construction work was started before January 12, 2021.
Construction to prepare a site for an institutional, commercial, industrial or residential development, including any necessary excavation, grading, roads or utilities infrastructure.
Construction and maintenance activities necessary to temporarily close construction sites that have paused or are not active and to ensure ongoing public safety.
Below-grade multi-unit residential construction projects, such as apartments and condominiums. The Ontario government also provided that businesses must follow public health measures and should review the workplace safety guidelines.
Construction on any project intended to provide either,
affordable housing, or
shelter or supports for vulnerable persons,
If the project is being funded in whole or in part by, or is being undertaken by, any of the following:
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 in the Housing Services Act, 2011, or
E. a registered charity and not for profit within the meaning of the Income Tax Act (Canada).
Enhanced with:
Workplace testing
Additional enforcement to ensure compliance
According to what I’m reading church construction would still be considered essential if it is a registered charity?
Hi Mark. Do you have a link to an official Ontario website that details what you outlined in your column?
Hi Alex … This is a link to the province’s media release today. https://news.ontario.ca/en/release/59922/ontario-declares-second-provincial-emergency-to-address-covid-19-crisis-and-save-lives
Hello Mark, thanks for an amazing article. Which source are you referring to? I am in construction and would like to find relevant info but official Ontario document does not reflect today’s rules as per link here. Construction would be section 43. Thanks for your help! https://www.ontario.ca/laws/regulation/200082
Can you provide the source link of these restrictions?
The residential construction of any renovation that started prior to Jan.12th is deemed to continue then?
What indicates that the construction work has started? For instance, I’m in the middle of a renovation process. My contractor has already made some holes on the walls to figure out which bulkhead can be removed and which one can’t, but the bulk of the demolition was supposed to start next week. I already sold my old appliances to get the place empty for the demolition/bulk of the work. I’m not sure now if I can consider my construction work has started and can go ahead, or if I’m in the limbo where I can’t go back to my condo (due to the lack of appliances), and can’t go on with the renovation.
Im due for a new kitchen installation in a few weeks does this not happen now. I still have my old kitchen
“The residential construction of any renovation that started prior to Jan.12th is deemed essential” Does that mean if we sold a job prior to Jan 12th and only took a deposit from the customer at that point with no work started, are we able to do the work after Jan 12th?
Is undergoing restaurant construction consider essential? Me and my colleague call “Stop the spare business” hot line. We ask the representative same question if we are belong to essential construction; however, we have to different answer which “yes” and “no”
I just spoke with Sarah (ID #2544) with the Provincial Government of Ontario (1-888-444-3659) to get clarification yesterday. We own and operate a window and door company and according to her, if the measure for work to be done and the windows and doors were ordered prior to January 12, 2021 then we are allowed to commence work on those jobs only and would be classified as an essential service to have the work completed.
That number is just the Stop-the-spread hotline. Ive tried calling them too, and one agent told me that they can not give you a definitive answer as to what the actual meaning behind the new rules are, particular to what is deem essential and what constitute as “job started” prior to January 12, 2021. I have the same issue as I paid my constructor deposit and purchased all the material to start the job next week.
They told me to call my local by-law to get clarification. So I wouldnt rely on them for confirmation if your going to run your business based on here say