The Government of Ontario has amended O. Reg 82/20 by O. Reg. 10/21, which sets out the official list of construction activities and projects that are permitted to remain open. This list has been amended from the unofficial list that was circulated by the Government of Ontario to the construction industry a few days ago. We previously wrote about that unofficial list here. O. Reg. 10/21 states that the following construction activities and projects may remain open:
Section 43. Construction activities or projects and related services, including land surveying and demolition services, that,
(a) are associated with the health care sector or long-term care, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space;
(b) ensure safe and reliable operations of, or provide new capacity in, provincial infrastructure, including the transit, transportation, resource, energy and justice sectors beyond day-to-day maintenance;
(c) support the operations of, or provide new capacity in, electricity generation, transmission, distribution and storage, natural gas distribution, transmission and storage or in the supply of resources;
(d) support the operations of, or provide new capacity in, schools, colleges, universities, municipal infrastructure or child care centres within the meaning of the Child Care and Early Years Act, 2014;
(e) are required for,
(i) the maintenance and operations of petrochemical plants and refineries,
(ii) significant industrial petrochemical projects where preliminary work commenced before January 12, 2021, or
(iii) industrial construction and modifications to existing industrial structures limited solely to work necessary for the production, maintenance or enhancement of personal protective equipment, medical devices such as ventilators and other identified products directly related to combatting the COVID-19 pandemic;
(f) would provide additional capacity in the production, processing, manufacturing or distribution of food, beverages or agricultural products;
(g) were commenced before January 12, 2021 and that would,
(i) 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;
(h) support the operations of broadband internet and cellular technologies and services;
(i) are related to residential construction projects where,
(i) a building permit has been granted for a single family, semi-detached and townhomes,
(ii) the project is a condominium, mixed-use or other residential building, or
(iii) the project involves renovations to residential properties and construction work that was started before January 12, 2021;
(j) prepare a site for an institutional, commercial, industrial or residential development, including any necessary excavation, grading, roads or utilities infrastructure;
(k) are necessary to temporarily close construction sites that have paused, or that are not active, to ensure ongoing public safety;
(l) are funded in whole or in part by the Investing in Canada Infrastructure Program;
(m) are,
(a) intended to provide shelter or supports for vulnerable persons or affordable housing; and
(b) being funded in whole or in part by, or are being undertaken by,
(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 the Housing Services Act, 2011, or
(E) a registered charity within the meaning of the Income Tax Act (Canada), or
(F) a not-for-profit corporation.
Of particular note are the following revisions to the list that we previously published:
- Paragraph 43(b) – the reference to municipal infrastructure was deleted;
- Paragraph 43(c) – is a new addition to the list of permitted construction activities or projects;
- Paragraph 43(e)(ii) – the requirement that preliminary work must have commenced before January 12, 2012 was added;
- Paragraph 43(f) – the requirement that a construction project be due to be completed before July, 2021 was deleted;
- Paragraph 43(g)(ii) – the requirement that additional capacity be “in the operation and delivery of Informational Technology (IT) services or telecommunication services” was added;
- Paragraph 43(i)(i) – the type of permit has been amended from a “footing permit” to a ‘building permit” with respect to residential construction projects; and
- Paragraph 43(m) – Not-for-profit corporations have been clarified.
These comments are of a general nature and not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer.