In July, Ontario entered Step Three of its Roadmap to Reopen, and on September 22, 2021, began to require full vaccination (two doses plus 14 days) with proof of vaccination and ID to access restaurants and certain public settings and facilities (i.e., vaccine passports).  On September 24, 2021, Ontario announced that “with public health and health care indicators stable and proof of vaccination now in effect,” effective September 25, 2021, capacity limits would be “cautiously” increased in certain settings where proof of vaccination is required. 

To bring this into effect, Ontario published O. Reg. 678/21, which amended O. Reg. 364/20 under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. O. Reg. 678/21 added certain outdoor areas of select business premises to the list of those requiring proof of full vaccination from patrons, and increased capacity limits for certain premises. The details are set out below.

Outdoor Areas of Business Premises Where Patrons Must Now Prove Full Vaccination

O. Reg. 678/21 added the following outdoor areas that have a usual capacity of 20,000 or more persons to the list of business premises for which proof of full vaccination is required from patrons:

• Outdoor meeting and event spaces, including conference centres and convention centres (some exceptions apply);
• Outdoor facilities used for sports and recreational fitness activities, including waterparks and personal fitness facilities, including the outdoor areas where spectators watch events (some exceptions apply);
• Outdoor concert venues, theatres and cinemas; and
• Outdoor horse and car racing tracks, and other similar venues.

Increased Capacity Limits

Outdoor Meeting or Event Spaces

• The total capacity limit in a seated meeting or event may now not exceed the lessor of 75% capacity or 30,000 persons; and  
• The total capacity limit in an unseated meeting or event may now not exceed the lessor of 75% capacity or 15,000 persons. 

Facilities Used for Indoor or Outdoor Sports and Recreational Fitness Activities

Such facilities may open if they comply with the following conditions:

• The number of spectators in such a facility that has a designated area for indoor spectators at any time must not exceed 50% of the usual indoor seating capacity, or 10,000 persons, whichever is less.
• The number of spectators in such a facility that has a designated area for outdoor spectators at any time must not exceed 75% of the usual outdoor seating capacity, or 30,000 persons, whichever is less.
• The number of spectators in the indoor area of such a facility that does not have a designated area for indoor spectators must be limited such that each person can maintain a physical distance of at least two metres from every other person and, in any event, may not exceed 50% capacity or 10,000 persons, whichever is less.
• The number of spectators in the outdoor area of such a facility that does not have a designated area for outdoor spectators cannot exceed 75% capacity or 15,000 persons, whichever is less.

Commercial Film and Television Production

Commercial film and television production (including hair, makeup and wardrobe), may open if the number of members of the public permitted to be in the studio audience at any one time does not exceed 50% of the usual seating capacity or 10,000 persons, whichever is less.

Concert Venues, Theatres and Cinemas

Concert venues, theatres and cinemas may open if the number of members of the public:

• At an outdoor seated concert, event, performance or movie within the concert venue, theatre or cinema at any time does not exceed 75% of the usual seating capacity or 30,000 persons, whichever is less.
• In the outdoor area of the concert, event, performance or movie at any time does not exceed 75% capacity or 15,000 persons, whichever is less.
• At an indoor seated concert, event, performance or movie within the concert venue, theatre or cinema at any time does not exceed 50% of the usual seating capacity for the concert venue, theatre or cinema, or 10,000 persons, whichever is less.

Racing Venues (Horse, Car, etc.)

Horse and car racing tracks and other similar venues may open if the number of members of the public:

• In an indoor seated area of the venue at any time does not exceed 50% of the usual indoor seating capacity for the venue, or 10,000 persons, whichever is less.
• In an outdoor seated area of the venue at any time does not exceed 75% of the usual outdoor seating capacity for the venue, or 30,000 persons, whichever is less.
• At an outdoor unseated event or activity at the venue at any time does not exceed 75% capacity, or 15,000 persons, whichever is less.

Bottom Line for Employers

The following business that have outdoor areas with a usual capacity of 20,000, and to which the proof of vaccination requirements now apply, are encouraged to become familiar with section 2.1 of O. Reg. 364/20 and the guidance document, which provides support to businesses and organizations in the implementation of their vaccination requirements:

• Meeting and event spaces, (including conference centres and convention centres);
• Facilities used for sports and recreational fitness activities (including waterparks, personal fitness facilities, and outdoor areas where spectators watch events);
• Concert venues, theatres and cinemas; and
• Horse and car racing tracks (and other similar venues).

Furthermore, these businesses are also encouraged to establish the necessary processes, and to provide training to those who will implement them.

Finally, these businesses, as well as businesses that engage in commercial film and television production, are encouraged to become familiar with the more relaxed capacity limits that now apply to them.