To Stay Closed or to Open Up?
On March 17th, our provincial government declared a state of emergency in Ontario under the Emergency Measures and Civil Protection Act. The government has passed numerous regulations or orders pursuant to its authorities under the Act on including O. Reg. 82/20 “Closure of Places of Non-Essential Businesses”.
This is the official regulation that tells you what types of businesses can continue to operate and which ones must be closed. It was originally passed on March 24th and amended five times (the last time on May 7th) at first to tighten up and then to ease off and gradually allow more businesses to open. If you have concerns about whether your company is legally allowed to operate, you should check this regulation.
If according to the regulation you believe your company is not legally allowed to operate but you are under pressure from your general contractor and/or the project owner to keep going, many are advising you seek letters of indemnification from the contractors above you in the construction project pyramid and the owner.
The question may however be moot as it’s believed there is little or no enforcement of this regulation as it relates to construction project by the authorities.