Below is the Restricted Retail portion of the Ontario Government's Provincial Stay-at-Home media release published on April 7, 2021, to keep you informed. Read the full release here: https://news.ontario.ca/en/release/61029/ontario-enacts-provincial-emergency-and-stay-at-home-order. Please keep in mind that these are DRAFT REGULATIONS. We will post a bulletin when the official regulations are released.

News Release

Start Date: April 8, 12:01 a.m.
End Date: April 21, 2021 (unless extended)

Regulation: Provincial emergency under s. 7.0.1(1) of the Emergency Management and Civil Protection Act (EMCPA)

Restricted Retail:

• The majority of businesses, including all not covered in the below points, are required to only operate for curbside pick-up or delivery. Curbside pickup for these businesses is to be by appointment and restricted to 7am-8pm. Deliveries can take place from 6am-9pm.
• The following businesses are allowed to remain open for in-person retail:
  • Grocery
  • Pharmacy
  • Health care services
  • Big Box Stores and Discount Stores
    • These stores are allowed to remain open for in-person retail, but can only sell the following items:
      • Grocery items
      • Pet care supplies
      • Household cleaning supplies
      • Pharmaceutical items
      • Health care items
      • Personal care items
• The following businesses are allowed to operate for in-person retail by appointment at 25% capacity from 7am-8pm (with delivery from 6am-9pm)
  • Safety supply stores
  • Businesses that sell/rent/repair assistive, mobility, or medical devises and aids/supplies for those devices
  • Rental and leasing services for automobiles, commercial/light-industrial machinery, and equipment
  • Optical stores selling prescription eyewear
  • Businesses selling motor vehicles, boats and watercrafts
  • Vehicle and equipment repair/maintenance and rental services
  • Retail stores operated by telecom providers only for the purpose of cellphone purchase/repair/technical support
  • Outdoor garden centres and plant nurseries, and indoor greenhouses  

Curbside Pickup at Malls:

• Access to malls is restricted to specific purposes, including access for curbside pick-up and delivery by appointment. Can only have ONE designated location made inside of shopping mall to access curbside pickup/delivery, but allowed any number of designated locations outside of shopping mall.

NOTE: Release says more restrictions on access to shopping malls in regulations.

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We will provide regular updates on commercial leasing issues in Canada, especially COVID-19 updates as landlords and tenants continue to struggle with the economic challenges brought on by the pandemic. If you have any questions or would like to obtain legal advice on any leasing issues or commercial leasing litigation, please contact any lawyer in our Commercial Leasing Group below.

Commercial Leasing Group

Stephen Posen
Chair – Commercial Leasing Group
e: sposen@mindengross.com
p: (416) 369-4103

Michael Horowitz
Partner - Commercial Leasing Group
e: mhorowitz@mindengross.com
p: (416) 369-4121

Christina Kobi
Partner - Commercial Leasing Group
e: ckobi@mindengross.com
p: (416) 369-4154

Boris Zayachkowski
Partner - Commercial Leasing Group and Commercial Real Estate Group
e: bzayachkowski@mindengross.com
p: (416) 369-4117

Benjamin Radcliffe
Partner - Commercial Leasing Group
e: bradcliffe@mindengross.com
p: (416) 369-4112

Melodie Eng
Associate - Commercial Leasing Group
e: meng@mindengross.com
p: (416) 369-4161

Steven Birken
Associate - Commercial Leasing Group
e: sbirken@mindengross.com
p: (416) 369-4129

Leonidas Mylonopoulos
Associate - Commercial Leasing Group
e: lmylonopoulos@mindengross.com
p: (416) 369-4324

Alyssa Girardi
Associate - Commercial Leasing Group
e: agirardi@mindengross.com
p: (416) 369-4104

Benji Wiseman
Associate - Commercial Leasing Group
e: bwiseman@mindengross.com
p: (416) 369-4114

Catherine Francis
Partner - Litigation Group and Bankruptcy and Insolvency Group
e: cfrancis@mindengross.com
p: (416) 369-4137

Ian Cantor
Partner - Litigation Group
e: icantor@mindengross.com
p: (416) 369-4314

This article is intended to provide general information only and not legal advice. This information should not be acted upon without prior consultation with legal advisors.