The Ontario Government currently mandates the use of masks/face coverings in the indoor premises of all businesses and organizations (including a business vehicle), with some exceptions. TBDHU’s Instruction Letter to Employers, Business Owners and Operators for mandatory masks/face coverings also remains in effect. Where there are differences between the regulation and TBDHU’s instruction letter, whichever is the stricter expectation will be required.
For details, visit the Mandatory Masks Directive for Businesses and Organizations page.
Across Ontario, it is mandatory that the general public and employees wear a mask or face covering in indoor spaces of a business or organization, including business vehicles, and when lined up or congregating outside of an establishment (unless exemptions apply).
This Frequently Asked Questions (FAQ) page is to help employers, business owners and operators understand what is required regarding mandatory masks in their business or organization. An FAQ page for the general public is available as well.
FAQs
A mask/face covering that securely covers an individual’s mouth, nose and chin can act as a barrier that reduces the chances of respiratory droplets spreading the virus to other people. The mask/face covering also reduces the chances of contaminating nearby surfaces, which can also lead to transmission of the virus. Emerging evidence suggests that broader use of masks/face coverings in the general public can reduce overall spread of the virus in a community.
In accordance with current regulations, the following exemptions are allowed if the person:
- is a child who is younger than two years of age;
- is performing or rehearsing in a film or television production or in a concert, artistic event, theatrical performance or other performance;
- has a medical condition that inhibits their ability to wear a mask or face covering;
- is unable to put on or remove their mask or face covering without the assistance of another person;
- is being accommodated in accordance with the Accessibility for Ontarians with Disabilities Act, 2005; or
- is being reasonably accommodated in accordance with the Human Rights Code.
Those who are exempt are not legally required to provide proof of exemption. However, you must still verify whether an unmasked person has an exemption. Do not assume that an unmasked person has an exemption.
Masks are not required for staff working in an area that is not accessible to the public and where a physical distance of 2 metres from every other person can be maintained at ALL times, regardless of the presence of a plexiglass or other barrier.
Also, as an employer, you have additional occupational health and safety requirements to protect workers if they will be within two metres of an unmasked person. Employees must wear appropriate personal protective equipment that includes a disposable medical mask and eye protection when they cannot maintain a physical distance of at least two metres from any person who is not wearing a mask and they are not separated by plexiglass or other impermeable barrier.
(Note: masking requirements and exemptions in schools, child care settings, residential service facilities, and correctional facilities may differ. Refer to regulations and guidance documents for those specific settings for details.)
Examples of indoor areas include restaurants, retail stores, churches, libraries, sports facilities, gyms, personal service settings, common areas and waiting rooms, public transportation, and business vehicles.
Masks are also required in common areas of shared dwellings (i.e. apartment buildings, condominiums, etc.), such as in hallways, elevators, common rooms, lobbies, and laundry areas IF people cannot maintain physical distancing at ALL times when in these areas. Residents are strongly encouraged though to wear a mask any time they are outside of their unit.
Businesses and organizations are not required to supply masks for the public. Individuals are encouraged to bring their own mask or face covering. Establishments may choose to have disposable masks available for the public, but it is not a requirement.
Signage for mandatory masking is available on the Mandatory Masks page. Businesses and organizations can also produce their own signage. Signage must be displayed in a location that allows customers and clients to read the signage before entering. When a customer or client is not complying with mask requirements, they must be asked to put on a mask, unless they indicate that they are exempt.
The Ontario Government currently mandates the use of masks/face coverings in the indoor premises of all businesses and organizations (including a business vehicle), with some exceptions. TBDHU’s Instruction Letter to Employers, Business Owners and Operators for mandatory masks/face coverings also remains in effect. Where there are differences between the regulation and TBDHU’s instruction letter, whichever is the stricter expectation will be required. For details, visit the Mandatory Masks Directive for Businesses and Organizations page.
Failure to comply with the masking requirements in Ontario Regulation 82/20 could result in provincial fines being issued. The minimum fine is $750, however much larger fines are possible for repeat offenders. Businesses are also required to have a mandatory mask policy in place according to the TBDHU directive. A copy of this policy must be made available on request to a public health inspector or other person authorized to enforce the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.
Public health inspectors will follow-up on complaints of a business or organization that is not complying with mandatory mask requirements.
Employees working in an indoor area must wear a mask unless they are exempt. Masks are not required for staff working in an area that is not accessible to the public and where a physical distance of 2 metres from every other person can be maintained at ALL times, regardless of the presence of a plexiglass or other barrier.
Employees must wear appropriate personal protective equipment that includes a disposable medical mask and eye protection when they cannot maintain at least 2 metres physical distance from any person who is not wearing a mask and they are not separated by plexiglass or other impermeable barrier.
Businesses and organizations can adopt additional, more restrictive policies and practices, including masking where applicable, for keeping their staff and workplace safe. This includes areas of their workplace that are not accessible to the public.
A mask refers to a non-medical cloth mask, medical mask or other face covering, that serves the purpose of catching respiratory droplets. It should securely cover the nose, mouth, and chin and be in contact with the surrounding face without gapping. The mask should be comfortable to the wearer, should allow for easy breathing and should not need frequent repositioning or readjusting. For more information, including cleaning of reusable masks, see the Masks and Face Coverings page. The Public Health Agency of Canada also has recommendations for masks.
A face shield is not a substitute for wearing a face mask as it does not filter respiratory droplets. A face shield may provide additional protection for the wearer against droplets expelled from another person, however these droplets may still be inhaled around the shield. Respiratory droplets expelled by the wearer may escape around the sides of the face shield, which therefore provides less protection to others. When wearing a face shield, it is recommended to also wear a properly fitted mask.
Temporary removal of the mask or face covering is permitted where necessary when:
- Actively engaging in an athletic or fitness activity, including water-based activities;
- Consuming food or drink;
- Receiving services in a personal service setting on an area of the face that would otherwise be covered by a mask or face covering; or
- For any emergency or medical purpose.
Masks are not required for staff working in an area that is not accessible to the public and where a physical distance of 2 metres from every other person can be maintained at ALL times, regardless of the presence of a plexiglass or other barrier.
Masks are required to be worn by the public and by employees in all indoor areas, including a business vehicle. The only time that masks are not required is when a person is performing work for a business in an area that is not accessible to the public and where a physical distance of 2 metres from every other person can be maintained at ALL times, regardless of the presence of a plexiglass or other barrier.
Patrons of an establishment are required to wear a mask outdoors when in a line-up to enter or when congregating.
Yes, employers, business owners and operators can substitute a hand sanitizer that is authorized by the Public Health Agency of Canada. A list of authorized products is available from Health Canada.
When a customer or client is not complying with mask requirements, they must be asked to put on a mask. Businesses must recognize that there are exemptions for individuals who are unable to wear a mask. The law does not require a person to provide proof of their exemption.
However, if a person does not indicate that they are exempted, they must be asked to put on a mask or to leave. Owners and operators of businesses or organizations are encouraged to look for alternatives for those that are exempt from wearing a mask to still be able to receive their goods and services, such as making appointments, having special hours for shopping, or curbside pick-up. As an owner/operator, you have rights under the Trespass to Property Act. While you may be able to deny entry or service, TBDHU recommends that any business wishing to refuse service to customers without masks/face coverings seek independent legal advice about their rights and obligations before taking any action.
Masks are required to be worn by employees in all indoor areas, unless they are performing work for a business where a physical distance of 2 metres from every other person can be maintained at ALL times, regardless of the presence of a plexiglass or other barrier.