COVID-19 Bulletin No. 12: Essential Businesses and Condominium Corporations

Updated March 24, 2020

All non-essential workplaces in the Province of Ontario have been ordered to close by th Premier effective 11:59 p.m. on Tuesday, March 24, 2020, for the next 14 days and potentially longer if the order is extended.  In the evening on Monday, March 23, 2020, the Premier published the list of workplaces deemed to be essential that are exempt from the provincial order. The list is still quite long and can be found here.

In reviewing businesses that will be considered essential and thus are exempted from the provincial order in the context of the condominium industry, the following stand out:

• Businesses that supply other essential businesses or essential services with support, supplies, systems or services
• Businesses that provide support and maintenance services, including urgent repair, to maintain the safety, security, sanitation and essential operation of institutional, commercial industrial and residential properties and buildings, including, property management services, plumbers, electricians, custodial/janitorial workers, cleaning services, , security services, fire safety and sprinkler systems, building systems maintenance and repair technicians and engineers, mechanics, (e.g. HVAC, escalator and elevator technicians), and other service providers who provide similar services;
• Waste Collection, Waste/Sewage Treatment and Disposal operation of land fills and Hazardous Waste Disposal;
• Construction work and services, including demolition services, in the industrial, commercial, institutional and residential sectors;
• Professional services including lawyers and para-legals, engineers, accountants, translators;
• Land registration services, and real estate agent services and moving services;
• Businesses providing security services including private security guards; monitoring or surveillance equipment and services;
• Businesses providing staffing services, including temporary help;
• Businesses that support the safe operations of residences and essential businesses; and
• Businesses providing mailing, shipping, courier and delivery services, including post office boxes

As you plan with your Board of Directors, you may wish to confirm which of your essential businesses will be open for business since there is no obligation to stay open, nor can employees of such essential businesses be forced to work.

Although the foregoing workplaces are exempt from the application of the provincial order, technically under the order, a condominium may also be considered one of these workplaces.  Thus, protocols to manage the COVID-19 Virus must be present coordinate between  the contractor and the Condominium.  Speak with your team of professionals.  The reality is that COVID-19 still has to be managed and it is not business as usual at condominium corporations.

 Our office will be publishing a follow-up COVID-19 BULLETIN with respect to this matter and the proactive measures to be taken on-site to protect the foregoing essential service providers. Stay tuned.

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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