Human Resources Legislative Update
Ontario Eases Capacity Limits for Certain Indoor and Outdoor Settings
Date: September 27, 2021
On September 24, 2021, the Ontario government announced that effective September 25, 2021 at 12:01 am, it is easing capacity limits for certain indoor and outdoor settings where proof of vaccination is required. Proof of vaccination will also be required for additional specified outdoor settings.
Ontario Regulation 678/21 amends Ontario Regulation 364/20, Rules for Areas at Step 3 and at the Roadmap Exit Step, to set out these new capacity limits and proof of vaccination requirements.
Changes to Capacity Limits for Indoor Settings
The following settings now have a capacity limit of 10,000 persons (from the previous 1,000 persons) or 50% capacity, whichever is less:
- an indoor portion of a rentable meeting or event space and where persons can maintain a physical distance of at least two metres,
- a facility used for sports and recreational fitness activities that has a designated area for indoor spectators,
- a facility used for sports and recreational fitness activities that does not have a designated area for indoor spectators and where persons can maintain a physical distance of at least two metres,
- the studio audience section of a commercial film or television production,
- an indoor seated concert, event, performance or movie within the concert venue, theatre or cinema, and
- an indoor seated area of a horse racing track, car racing track or other similar venue.
Changes to Capacity Limits for Outdoor Settings
The following settings now have a capacity limit of 15,000 persons (from the previous 5,000 persons) or 75% capacity, whichever is less:
- an outdoor portion of a rentable meeting or event space (in the case of an unseated meeting or event),
- a facility used for sports and recreational fitness activities that does not have a designated area for outdoor spectators,
- the outdoor area of a concert, event, performance or movie, and
- an outdoor unseated event or activity at a horse racing track, car racing track or other similar venue.
The following settings now have a capacity limit of 30,000 persons (from the previous 15,000 persons) or 75% capacity, whichever is less:
- a facility used for sports and recreational fitness activities that does have a designated area for outdoor spectators,
- an outdoor seated concert, event, performance or movie within the concert venue, theatre or cinema, and
- an outdoor seated area of a horse racing track, car racing track or other similar venue.
Proof of Vaccination Now Required for Certain Outdoor Settings
The following areas have been added to the list of businesses and organizations that must require proof of identification and of being fully vaccinated against COVID-19, at the point of entry:
- outdoor meeting and event spaces, including conference centres or convention centres,
- outdoor facilities used for sports and recreational fitness activities, including waterparks and personal physical fitness trainers, including, for greater certainty, the outdoor areas of facilities where spectators watch events,
- outdoor concert venues, theatres and cinemas, and
- outdoor horse racing tracks, car racing tracks and other similar venues.
Amendment to Exemptions
Note that certain patrons of businesses or organizations are now exempt from the proof of vaccination requirement for both indoor and outdoor premises.
Should you require any information about these changes, please contact your Hicks Morley lawyer.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ©
