Ontario government amended Regulation 364/20 to establish additional COVID-19-related requirements for Ontario businesses and other organizations.
The Regulation now requires businesses and other organizations to ensure that any person – including but not limited to employees – wears a mask or face covering whenever the person is in an indoor area or in a vehicle that is operating as part of the business or organization.
The Regulation sets out a number of specific exceptions to the mask requirement. Most notably for employers, individuals are not required to wear a mask if they:
- Have a medical condition that inhibits their ability to wear a mask or face covering;
- Are unable to put on or remove their mask or face covering without the assistance of another person;
- Are being accommodated under the Accessibility for Ontarians with Disabilities Act;
- Are being reasonably accommodated under the Human Rights Code;
- Perform work for the business or organization, are in an area that is not accessible to members of the public, and are able to maintain a physical distance of at least two metres from every other person while in the indoor area.
The amended Regulation expressly states that a person is not required to provide evidence to demonstrate that they fall within one of the exceptions.
