February 2022
There has been much confusion about if condominium amenities should be closed or can remain open during the pandemic.
Wording of current regulation applies to “Each person responsible for a business or place, or part of a business or place, that is required to be closed by Schedule 2”. While “place” is not defined, legislation refers to an extensive list of businesses and places in Schedule 2 which excludes mention of condominiums or residential properties.
The Ontario Ministry of Health is clear. In a general email they recently stated that “condos are not subject to requirements for indoor sports and recreational fitness facilities outlined in O. Reg 263/20.” And that they “have the ability to implement restrictions on the use of their own gyms, pools or other amenities…”
Both the regulation and statement by the Ontario Ministry of Health are clear. Yet others disagree. Condominium Authority of Ontario (CAO) has come out with an “interpretation” suggesting that condominium amenities must close and at least one condominium association has supported this. Many condo lawyers disagree and are of the belief that the Ontario Ministry of Health lacks authority to interpret the regulation.
The Ontario Ministry of Health remains the best source for understanding and protecting against COVID. It is unfortunate that their message has at times been watered down by politics, ignorance and misinformation. One hopes the current regulation is based on their recommendations.
Following the advice of the Ontario Ministry of Health remains the best way to decide what does and does not work for protecting against COVID. While this advice may at times prove to be incorrect, it is nevertheless based on the best available information.
The Ontario regulation regarding current closures can be found at https://www.ontario.ca/laws/regulation/200263 .
