Face coverings have become a common feature of daily life in the age of COVID-19. Recent steps taken by both municipal and provincial governments now indicate that mandatory face coverings are here to stay for the foreseeable future.
Mandatory Mask By-Law Extension at the Municipal Level
Earlier this week, Ottawa City Council extended application of its mandatory mask by-law until early 2021. As such, people in Ottawa will continue to be required to wear a face-covering in enclosed public spaces, designated unenclosed public spaces and enclosed common areas.
Under the bylaw, Ottawa employers that operate in enclosed public spaces have a number of obligations:
post signs with specific messaging about the by-law at all public entrances to the building (by-law posters may be accessed here);
provide alcohol-based hand rub at all public entrances;
if a client arrives without a mask, notify them of the mask requirement as soon as possible after they enter the premises (if the client says they are exempt from the bylaw, they do not need to show proof and no further action is needed on behalf of the operator); and
if a patron or employee refuses to wear a mask and is not exempt from the by-law, a business operator may report the issue to the City for follow-up.
Provincial Requirements for Face Coverings in Indoor Settings
The extension of Ottawa’s mask by-law comes on the heels of face-covering requirements implemented earlier this month by the provincial government. On October 2, 2020, the province mandated that masks or face coverings be worn in most indoor settings (including private businesses, facilities and workplaces).
Affected businesses and organizations are thus required to ensure everyone in an indoor area of their premises, or in a vehicle operated by the business or organization, is wearing a face covering. The face covering should be worn so as to cover the individual’s nose, mouth and chin.
Ontario employers are required to ensure their staff are acting in accordance with this new provincial requirement, unless one of a limited number of exceptions apply:
individuals with a medical condition that makes it difficult for them to wear a mask or face covering (or who cannot put on or remove the mask or face covering without assistance) are not required to cover their face;
individuals who are being accommodated in accordance with either the Accessibility for Ontarians with Disabilities Act or the Human Rights Code are likewise exempt from the mask requirement; and
individuals working in an area that is not accessible to the public, and are able to maintain a physical distance of at least 2 metres from other people, are not required to wear a face covering.
Employers should also be aware that the legislative changes making indoor face coverings mandatory do not require that staff provide medical documentation to support an asserted exemption from the rule. This reality should shape the manner in which employers implement these rules in their workplace.
Finally, employers should be aware that individuals may temporarily remove their mask or face covering to eat or drink, or as is necessary for health and safety purposes.
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Vey Willetts LLP is an Ottawa-based employment and labour law firm that provides timely and cost-effective legal advice to help employees and employers resolve workplace issues in Ottawa and across Ontario. 613-238-4430 or info@vwlawyers.ca