Breaking news: condo corporations in Toronto now required to adopt mask policies.
The City of Toronto passed a by-law that will mandate condo corporations pass mask policies. The requirement to wear a mask will apply to all interior common areas of condos, such as lobbies and elevators.
The existing mask by-law which did not previously apply is now being amended to apply to all condo corporations. This brings condos in line with other establishments that were already required to mandate mask wearing in indoor public spaces. We have blogged about this earlier and are pleased to see the City recognizing the need for condo corporations to pass these policies.
The by-law will assist condo corporations in ensuring that their residents, service providers, and guests stay safe. Under the by-law, condo corporations will be responsible for ensuring that their service providers are trained on the requirements of the by-law and policy.
The new requirement follows the release by the City of its “Supplementary Report on Additional Measures Necessary for COVID-19 Response”. Although Toronto Public Health had strongly recommended mask use in common areas of condos, the City had concerns that this recommendation was not being adhered to – hence the need for the by-law. Both the Medical Officer of Health and the City Solicitor recommended this temporary by-law be put in place.
While education and reminders may be sufficient in many cases to elicit compliance with a mask policy, Condo corporations are fortunate to have remedies available to them to ensure compliance, including provisions under the Condominium Act. Most condo corporations also have provisions in their declaration and rules which can be relied upon for enforcement. A well drafted mask policy will educate owners about the importance of wearing a mask for those who are able, and also outline the available enforcement steps and the potential consequences for failing to comply.
Feel free to contact any member of our team for assistance with preparing a mask policy. We’ll be pleased to assist your condo corporation with a quick turnaround on a policy.
