Thursday, March 28, 2024

Ontario Step Three: A Detailed Look at What it Means for Artists and Producers

On Friday, July 9, the Ontario government announced that the province would move into “Step Three” of its roadmap to reopening at 12:01am on July 16, 2021. 

At this point, it is unclear how long Step Three will last, with the government stating in a press release that the province will “remain in Step Three for at least 21 days and until 80 percent of the eligible population aged 12 and over has received one dose of a COVID-19 vaccine and 75 percent have received their second, with no public health unit having less than 70 percent of their population fully vaccinated.” Once those targets are reached, many more restrictions will be lifted, although the government stopped short of saying things would return to a pre-pandemic level.

This continues to be good news for the province’s arts and cultural sector, with regulations in Step Three becoming increasingly lenient, and a focus being placed on precautionary measures, rather than those to control the spread of the virus. We’ve attempted to break down the Provincial Reopening Act (as of July 9) and provide some analysis; however, where uncertainty may exist, we always recommend seeking legal advice.

All Performances (Regardless of Location)

  • Safety plans now require additional details beyond those required in Step Two; particularly around crowd control. Safety plans must continue to address the questions and divisions of responsibilities for audience and worker safety outlined by the government.
  • Performers must maintain a physical distance of at least two-metres from any audience members, or are separated from the audience by an impermeable barrier (such as plexiglas).
  • Capacity limits must be posted in a highly visible place. Note that performers and workers are not included in capacity limit calculations.
  • Reservations are required for all performances.
  • Performers and workers no longer need to maintain two metres of physical distance provided they are wearing masks. 

Outdoor Performances

  • Concert venues, cinemas and theatres are limited in capacity to the lesser of either 75%; 5,000 people standing; or 15,000 people sitting in fixed seats- whichever is less. To calculate what 75% capacity is, the regulation specifies that it is determined by taking the total square metres of an area accessible to the public, dividing that number by 1.33, and rounding the result down to the nearest whole number.
  • Audience members are required to wear masks, unless their household is able to have a minimum of two-metres distance from any other household.
  • If the venue is a tent, it is required to have either two sides open; or one side and the roof open (this is the same as Step Two).

Indoor Performances

  • Concert venues, cinemas and theatres are limited in capacity to the lesser of either 50% of the fire code; or 1,000 people in fixed seats- whichever is less. Per-room limits must also be adhered to (ie: in a venue with multiple performance spaces, the limit applies to the whole building, not the individual spaces).
  • Audience members are required to physically distance themselves and wear a mask that covers their mouth, nose and chin.

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