Important Update to OCA COVID-19 Bulletin # 16

Essential Construction Regulation Now OnLine

Important Clarification to Note

The Ontario government late Wednesday January 13th posted online the Regulation under the Reopening Ontario Act (2020) with the precise wording defining essential construction which can continue stay open.

Click HERE to view the Regulation to amend existing Regulation 82/20

(Rules for areas in Stage 1).

An important clarification has emerged in respect to the final section dealing with affordable housing and projects funded by government.

The Ontario summary of emergency measures (shown below) that was released Tuesday (click HERE to download) provided 34 pages of detail including on page 23 & 24 the listing of the many types of essential construction that could continue.

OCA's bulletin on Tuesday replicated the information in the same format regarding the final 2 sections dealing with affordable housing and projects funded by government. Below is a copy and paste from the Ontario document.

The separation of 2 distinct sections led many to believe that the 2 were not interconnected. The way it was separated left many to believe affordable housing was one category of essential construction and that projects that were government funded was another category of essential construction.

Take a look at the just released regulation wording below and you can see that the intention is it is one category - not two. It is affordable housing that is funded by the various sources that is essential.

Another Ontario Web Reference

In addition to the above links readers can go to this Ontario web page to review the emergency information complete with links to the legal orders currently in force under:

Emergency Management & Civil Protection Act

and

Reopening Ontario (A Flexible Response to COVID-19) Act.

You can see the bullet item at the bottom referencing the 10/21 Amendment on January 13.

Maintenance & Repair Work is Essential

Members asked whether maintenance and repair work was essential because it wasn't contained in the January 12th briefing. You will find it listed as essential in paragraph 35 in Regulation 82/20 of the Rules for areas in Stage 1 noted above.

The exact wording is:

Maintenance, repair and property management services that manage and maintain the safety, security, sanitation and operation of institutional, commercial, industrial and residential properties and buildings.

Work at home

Members asked about working at home and whether it was imperative that staff work from home. Here is the wording from the amending regulation. Pretty clear that if your employees can work remotely they should be. If your staff can only access accounting or estimating software from your office then that would a reason to work at the office.

Work from home except where necessary 2.1 (1) Each person responsible for a business or organization that is open shall ensure that any person who performs work for the business or organization conducts their work remotely, unless the nature of their work requires them to be on-site at the workplace.

OCA to Work Remotely Effective Thursday January 14

In alignment with the Ontario government direction that businesses must ensure that any employee who can work from home does, the OCA staff will be working remotely effective Thursday January 14. That doesn't mean we can't continue to assist you so the emails of OCA staff may be found on the OCA website at this LINK. Staff will be making visits to the office to complete print orders, CCDC seal orders for pick up at our drop box in the back of OCA.

To arrange a virtual statutory declaration go to SERVICES webpage.

To purchase CCDC contracts or seal go to CONTRACTS webpage.

OCA Resources on COVID-19

Under the RESOURCES section there is a dedicated OCA COVID-19 webpage - Click HERE

Under the NEWS section you can access any of the dedicated COVID-19 newsletters by OCA - Click HERE.