Frequently asked questions about essential businesses

Find answers to your questions about the temporary measures we’re taking to help stop the spread of coronavirus (COVID-19) in Ontario.

WEBSITE: https://www.ontario.ca/page/frequently-asked-questions-about-essential-businesses

On this pageSkip this page navigation

1. Legal disclaimer
2. Essential business
3. Will the list change again?
4. Access restrictions for certain businesses
5. Enforcement
6. Agriculture & construction
7. E-commerce
8. Pick-up and delivery
9. Sector-specific questions
10. Construction
11. Employees
12. Health and safety
13. Federal and provincial aid

---

Legal disclaimer

The aim and purpose of the FAQs is to assist individuals and businesses with questions related to the Ontario Government’s mandatory closure of all non-essential businesses.  While we aim to provide relevant and timely information, no guarantee can be given as to the accuracy or completeness of any information provided. The FAQs are for informational purposes only and they are not determinative of the law as only the courts can authoritatively interpret the law.  The FAQs are not intended to nor do they provide legal advice and should not be relied upon or treated as legal advice. Users seeking legal advice should consult with a qualified legal professional.  The Government of Ontario cannot prevent litigation of issues arising from the Order, including civil litigation and prosecutions, from taking place before the courts whose independent judgment will be brought to bear on the cases before it.

The Government of Ontario and the people working on its behalf shall not be responsible for any loss or damage of any kind arising directly or indirectly from the use of these FAQs including, without limitation, reliance on the completeness or accuracy of the information provided.

Essential business

Is my business essential?

Business owners, including non-profits and service delivery organizations, need to review the list of essential businesses which are authorized to stay open. You can review the list and determine whether your business fits into any of the categories and, if it does, make a business decision as to whether to stay open. The complete regulation is available at www.ontario.ca/laws/regulation/r20119.

Why am I no longer essential?

Based on the advice of Ontario’s Chief Medical Officer of Health and other experts, Ontario is taking further action to stop the spread of COVID-19.

This decision was not made lightly. Decisive actions are required to put us in a position to reduce the risk and see the economy recover faster.

My manufacturing/supply-chain/retail business supports/sells to people in essential industries, can I stay open?

You may choose to consider Schedule 2, Section 1 of the updated regulation (O.Reg 82/20), which includes in the category of essential businesses the following:

Businesses that supply other essential businesses or essential services within Ontario, or that supply businesses or services that have been declared essential in a jurisdiction outside of Ontario, with the support, products, supplies, systems, or services, including processing, packaging, warehousing, distribution, delivery, and maintenance necessary to operate.

Can I get written confirmation of that my business is essential?

The government cannot provide written confirmation nor provide advice on whether a specific business is an essential business.

Business owners, including non-profits and service delivery organizations, should review the list of essential business which are authorized to stay open, determine whether they fit into any of the categories and, if they do, make a business decision as to whether to stay open.

The Emergency Orders give enforcement personnel the authority to ensure compliance of the requirements contained in the order. We have confidence in our enforcement personnel across this province to enforce the Emergency Orders.

The daily fines under the Emergency Order have been set by the Chief Justice of the Ontario Court of Justice as follows:

• Fail to comply with an order made during a declared emergency: $750
• Obstruct any person exercising a power in accordance with an order made during a declared emergency: $1,000
• Obstruct any person performing a duty in accordance with an order made during a declared emergency: $1,000
• Police and others designated with enforcement powers have discretion to either issue set fines under Part I of the Provincial Offences Act (POA) or to proceed by way of a summons under Part III of the POA.

When did the emergency order come into effect?

On April 14, the government extended all Emergency Orders that have been put in place to-date under Section 7.0.2 (4) of the Emergency Management and Civil Protection Act until May 12, 2020.
The closure is in effect with the possibility of extending this Order as the situation evolves.

Will the list change again?

My business is essential, what happened to my exemption request?

The list was updated based on discussions with stakeholders and provincial health experts and reflects the government’s efforts to support the work of our public health officials’ to stop the spread of COVID-19 while ensuring the continued operation of critical supply chains.

Will the government be introducing a new list/further reducing the numbers of essential businesses?

The health and safety of the people of Ontario remains the top priority of the government, and we will continue to follow the best advice of public health experts.

As the situation continues to evolve, the government will take any steps necessary to prevent the further spread of COVID-19.

Access restrictions for certain businesses

You’ve said that some stores can continue serving customers, but without allowing access to the actual building or store. Can you explain?

Stores that sell hardware products, vehicle parts and supplies, pet and animal supplies, office supplies and computer products including computer repair, safety supplies can continue to serve customers through alternative methods of sale such as curb side pick-up or delivery. These restrictions may be eased in exceptional circumstances, particularly in remote or underserviced areas.

What do you mean by “exceptional circumstances?”

Whether a circumstance is exceptional will always depend upon the context. Businesses should assess “exceptional circumstances” on a case-by-case basis.

For example, we anticipate that, particularly in remote or underserviced communities, businesses and other service providers may need extra flexibility to provide goods and services. It is also possible to imagine exceptional circumstances such as weather events like high winds or safety/security issues like persistent theft that could make curbside pickup impractical.

In the event that a wireless card reader is not available, a customer may enter a store only for the purposes of paying.

Why are big box retail operators allowed to continue to sell non-essential products, while smaller businesses must remain closed?

The government has authorized businesses that sell primarily food beverages and consumer products necessary to maintain households to remain open to shoppers.

Stores that sell hardware products, vehicle parts and supplies, pet and animal supplies, office supplies and computer products including computer repair and safety supplies can stay open by providing curb side pick-up or delivery services.

We understand the burden this will place on particular businesses, but these next few weeks are critical and protecting the health of the people of Ontario must remain our top priority under very difficult, unprecedented circumstances.

Enforcement

What enforcement tools/measures will the government use to ensure that those businesses that remain open but are not essential, close?

The daily fines under the EMCPA have been set by the Chief Justice of the Ontario Court of Justice as follows:

• Fail to comply with an order made during a declared emergency: $750
• Obstruct any person exercising a power in accordance with an order made during a declared emergency: $1,000
• Obstruct any person performing a duty in accordance with an order made during a declared emergency: $1,000
• Police and others designated with enforcement powers have discretion to either issue set fines under Part I of the Provincial Offences Act (POA) or to proceed by way of a summons under Part III of the POA.

How do I report a business that is not complying with the emergency order?

To report a business that you suspect is in non-compliance with the emergency order, please contact your local police service through their general contact line. Please do not call 9-1-1 unless there is an emergency.

Agriculture & construction

Is the building of irrigation, food warehouses, barns, etc. allowed for the food supply chain or is it restricted under the commercial construction section?

In recognition that certain construction projects within the agri-food sector may be considered essential on the basis that they contribute to the maintenance of a strong food supply chain, the government has amended Section 29.1 of the emergency order to include:

• Construction projects that are due to be completed before October 4, 2020 and that would provide additional capacity in the production, processing, manufacturing or distribution of food, beverages or agricultural products.

Employers including construction employers continue to have obligations to protect workers from hazards in the workplace as set out in the Occupational Health and Safety Act (OHSA) and its regulations and the directives coming from the Chief Medical Officer of Health. The business should operate in accordance withto Public Health advice, recommendations or instructions on best practices in this manner.

E-commerce

We do e-commerce and have a warehouse that supports those orders – can my warehouse be open?

The Emergency Order allows non-essential businesses to continue operations through remote work, online order and delivery fulfilment, and providing customer access to supplies in physical locations without employees being present. Non-essential businesses can temporarily access their physical locations for delivery purposes only.

Employers have obligations to protect workers from hazards in the workplace as set out in the Occupational Health and Safety Act and its regulations and the directives coming from the Chief Medical Officer of Health.

Can I access my warehouse to get supplies? Can my employees work in my warehouse?

Businesses are required to assess whether they are treated as essential under the updated Order. The Order allows non-essential businesses to continue operations through remote work, online order and delivery fulfilment, and access to supplies in physical locations. Non-essential businesses can temporarily access their physical locations for delivery purposes only.

Employers have obligations to protect workers from hazards in the workplace as set out in the Occupational Health and Safety Act and its regulations and the directives coming from the Chief Medical Officer of Health.

What are the guidelines for online commerce fulfillment? 

The Emergency Order allows non-essential businesses to continue operations through remote work, online order and delivery fulfilment, and access to supplies in physical locations. Non-essential businesses can temporarily access their physical locations for delivery purposes only.

Pick-up and delivery

Can I offer curbside pickup or delivery?

Stores that sell hardware products, vehicle parts and supplies, pet and animal supplies, office supplies and computer products including computer repair, and safety supplies can continue to serve customers only through an alternative method of sale such as curb side pick-up or delivery. These restrictions may be eased in exceptional circumstances, particularly in remote or underserviced areas.

Businesses that do not fall into this category and are otherwise non-essential may continue to operate remotely and/or provide delivery of their goods. They may not offer curbside-pickup.

Can I have employees working to support curbside pick-up or delivery

Yes, as long as you’re doing everything possible to promote physical distancing within the workplace.

Businesses that are authorized to remain open can function to the full extent possible.

Employers have obligations to protect workers from hazards in the workplace as set out in the Occupational Health and Safety Act and its regulations and the directives coming from the Chief Medical Officer of Health.

Is there any flexibility if a retailer can’t accept payment without a customer coming into the store (i.e. if a card reader is not wireless)?

In the event that a wireless card reader is not available, a customer may enter a store only for the purposes of paying.

Where curbside pickup is not an option, is it possible for customers using private vehicles to pick up their goods using a covered loading dock?

Where there are no other options available, vehicles can reverse into covered areas to access loading docks.

Can vehicles enter yards to pick up supplies for construction that is treated as essential under the essential businesses order?

Yes, as long as you’re taking every precaution reasonable in the circumstances to protect the health and safety of workers.

Employers have obligations to protect workers from hazards in the workplace as set out in the Occupational Health and Safety Act and its regulations and the directives coming from the Chief Medical Officer of Health.

Sector-specific questions

Residential cleaners

Is residential cleaning considered essential?

Businesses are required to assess whether they are treated as essential under the updated Order. You may wish to consider that residential cleaning is not explicitly referenced in the list of essential businesses. Section 20 in Schedule 2 of the updated regulation (O.Reg 82/20) includes in the category of essential businesses the following:

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

Seasonal

Am I allowed to maintain or construct a pool?

Businesses are required to assess whether they are treated as essential under the updated Order.
You may wish to consider that pool construction is not explicitly referenced in the list of essential businesses. Section 30 in Schedule 2 of the updated regulation (O.Reg 82/20) includes in the category of essential businesses the following:

• a footing permit has been granted for single family, semi-detached and townhomes,
• an above grade structural permit has been granted for condominiums, mixed use and other buildings, or
• the project involves renovations to residential properties and construction work was started before April 4, 2020.

You may wish to consider that pool maintenance is not explicitly referenced in the list of essential businesses. Section 20 in Schedule 2 of the updated regulation (O.Reg 82/20) includes in the category of essential businesses the following:

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

Is lawncare/landscaping essential?

You may wish to consider that landscaping business services are not explicitly referenced in the list of essential businesses. Businesses are required to assess whether they are treated as essential under the updated Order. Section 20 in Schedule 2 of the updated regulation (O.Reg 82/20) includes in the category of essential businesses the following:

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

Can marinas remain open?

Marinas can operate only to serve individuals who require service to access their primary place of residence.
You may wish to consider Section 21 (ii) C. in Schedule 2:

• Section 21 Businesses and facilities that provide transportation services, including,
  • ii) support services for transportation services, including, marinas, but only to the extent that the marina is necessary to enable individuals to access their primary place of residence.

Construction

What about home renovation?

You may wish to consider Section 30 in Schedule 2 of the updated regulation (O.Reg 82/20), which includes in the category of essential businesses the following:

• a footing permit has been granted for single family, semi-detached and townhomes,
• an above grade structural permit has been granted for condominiums, mixed use and other buildings, or
• the project involves renovations to residential properties and construction work was started before April 4, 2020.

What non-residential construction projects are authorized to continue?

Under the Emergency Order, the following non-residential construction workplaces are essential and authorized to stay open:

• Construction projects and services associated with the healthcare sector, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space.
• Construction projects and services required to ensure safe and reliable operations of, or to provide new capacity in, critical provincial infrastructure, including transit, transportation, energy and justice sectors beyond the day-to-day maintenance.
• Critical industrial construction activities required for,
  • the maintenance and operations of petrochemical plants and refineries,
  • significant industrial petrochemical projects where preliminary work has
  • already commenced,
  • industrial construction and modifications to existing industrial structures limited solely to work necessary for the production, maintenance, and/or enhancement of Personal Protective Equipment, medical devices (such as ventilators), and other identified products directly related to combatting the COVID-19 outbreak.
• Construction projects that are due to be completed before October 4, 2020 and that would provide additional capacity in the production, processing, manufacturing or distribution of food, beverages or agricultural products.
• Construction and maintenance activities necessary to temporarily close construction sites that have paused or are not active and to ensure ongoing public safety.

What residential projects are authorized to continue?

Residential construction projects where,

• a footing permit has been granted for single family, semi-detached and townhomes,
• an above grade structural permit has been granted for condominiums, mixed use and other buildings, or
• the project involves renovations to residential properties and construction work was started before April 4, 2020.

Employees

I believe my employer is operating a non-essential business and I’m frustrated when I’m told that the determination is to be made by the owner.

Business owners, including non-profits and service delivery organizations, should review the list of essential business which are authorized to stay open, determine whether they fit into any of the categories and, if they do, make a business decision as to whether to stay open.

Business owners, including non-profits and service delivery organizations, must take the necessary steps to keep their employees, clients and customers safe, and ensure that they are following the Emergency Order and the advice of Ontario’s Chief Medical Officer of Health.

Under the Occupational Health and Safety Act and its regulations, employers have a duty to protect workers from hazards in the work place. Workers have the right to refuse work that they believe is unsafe to themselves or another worker. The Occupational Health and Safety Act sets out a specific procedure that must be followed in any work refusal. If health and safety concerns are not resolved internally, a worker can seek enforcement by contacting the ministry’s Health and Safety Contact Centre at 1-877-202-0008 between 8:30 a.m. and 5:00 p.m.

Health and safety

For workplaces that have been authorized to continue operations, what can they do to create a safe environment?

Everyone in Ontario should be practicing physical distancing to reduce their exposure to other people.

And everyone in Ontario should do their best to avoid close contact with people outside of their immediate families. Close contact includes being within two (2) meters of another person.

Take these everyday steps to reduce exposure to the virus and protect your health:

• wash your hands often with soap and water or alcohol-based hand sanitizer
• sneeze and cough into your sleeve
• avoid touching your eyes, nose or mouth
• avoid contact with people who are sick
• stay home if you are sick

The Emergency Order will be complemented with further communications from the Chief Medical Officer of Health providing clear and direct advice to all workplaces about safe practices.

This will include curtailing non-essential operations, physical distancing through remote working and online delivery and additional controls such as barriers and screening to reduce exposure and advice on protective equipment.

Workers have the right to refuse work that they believe is unsafe to themselves or another worker. The Occupational Health and Safety Act sets out a specific procedure that must be followed in any work refusal. If health and safety concerns are not resolved internally, a worker can seek enforcement by contacting the ministry’s Health and Safety Contact Centre at 1-877-202-0008 between 8:30 a.m. and 5:00 p.m.

If a person or worker shows symptoms of a respiratory illness, they should be encouraged to remain at home and contact their health care provider or Telehealth Ontario at 1-866-797-0000 .

For the most up to date information on how individuals can protect themselves and what to do if they suspect they may be at risk, employers and workers may wish to visit ontario.ca/coronavirus and Public Health Ontario for additional specific information.

Sector specific information on how to keep workers safe can be found at Health and Safety System Partners

An essential business has a large amount of people gathering inside (e.g., more than 5), what should I do?

Business owners, including non-profits and service delivery organizations, must take the necessary steps to keep their employees, clients and customers safe, and ensure that they are following the Emergency Order and the advice of Ontario’s Chief Medical Officer of Health.

The Emergency Order will be complemented with further communications from the Chief Medical Officer of Health providing clear and direct advice to all workplaces about safe practices.

This includes curtailing non-essential operations, physical distancing through remote working and online delivery and additional controls such as barriers and screening to reduce exposure and advice on protective equipment.

Federal and provincial aid

How can I apply for federal and provincial aid?

Ontario’s Action Plan: Responding to COVID-19 is a critical first step to support people, jobs and businesses and provides the flexibility to act swiftly and effectively during this rapidly changing global outbreak.

For information on measures the federal government has put in place to support workers and businesses, including the new Canada Emergency Response Benefit (CERB), please visit: Canada’s COVID-19 Economic Response Plan.