COVID-19 Bulletin No. 11: How Could The Closure Of Non-Essential Businesses Affect Condominium Corporations?

Updated on March 23,2020 at 2:30 p.m.

All non-essential businesses in the Province of Ontario have been ordered to close by the Premier effective 11:59 p.m. on Tuesday, March 23, 2020, for the next 14 days and potentially longer if the order is extended.  On Tuesday, March 23, 2020, details regarding what businesses will be permitted to stay open will be announced by the Premier. 

Until the further details are provided by the Premier on Tuesday, March 23, 2020, it is unclear how the closure of non-essential businesses could affect the continued operation of condominium corporations in Ontario.  Will property management staff, security personnel, cleaning staff, superintendents and/or contractors currently conducting work on the common elements be exempt from the provincial order?  It is unclear at this time; however, the following presumptions have been made:

• With regards to property management staff, security personnel, cleaning staff and superintendents, it is presumed that said occupations will be exempt from the provincial order as same are necessary in order to ensure that condominium corporations comply with their obligations under the Condominium Act and the Occupier’s Liability Act by taking all reasonable steps to protect persons on the property from the foreseeable harm posed by the spread of COVID-19.  For further information on the reasonable steps that should be implemented by all condominium corporations in order to comply with their statutory obligations to protect all persons on the property from foreseeable harm please see our COVID-19 Bulletin No. 3: Immediate Protocols to be Implemented by Condominium Corporations.
• It is presumed that contractors currently conducting work on the common elements that is not essential and/or is able to cease without creating unnecessary risks or impacting the continued operation of the property, will not be exempt from the provincial order.
• It is presumed that contractors currently conducting work on the common elements that is essential and/or would create unnecessary risks or impact the continued operation of the property if said work were to cease prior to completion, will be exempt from the provincial order.
• It is presumed that professionals such as lawyers, accountants, consultants and engineers who service condominium corporations will not be exempt from the provincial order, but it is presumed that said professionals will continue to work remotely in order to service their clients. 

As stated above, until further details are provided by the Premier on Tuesday, March 23, 2020, it is unclear how the closure of non-essential businesses could affect the continued operation of condominium corporations in Ontario.  However, condominium corporations should not panic as it is presumed that many of the services which condominium corporations require in order to continue to operate will be exempt from the provincial order and/or can be provided remotely.  Our office will provide an update on this matter as soon as additional information is released by the Premier on Tuesday, March 24, 2020.

All of the information contained in this article is of a general nature for informational purposes only, and is not intended to represent the definitive opinion of the firm of Elia Associates on any particular matter. Although every effort is made to ensure that the information contained in this newsletter is accurate and up-to-date, the reader should not act upon it without obtaining appropriate professional advice and assistance.

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