An Update Respecting Gymnasiums

As mentioned in our recent blog, Ottawa, Toronto and the Peel Region have returned to a “modified” Stage 2 COVID-19 response. The applicable regulation is Regulation 263/20 (modified by Regulation 572/20) under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

Among other things, Regulation 263/20 says that “facilities for indoor sports and recreational fitness activities, including gymnasiums, health clubs, community centres, multi-purpose facilities, arenas, exercise studios, yoga and dance studios and other fitness facilities” are closed for indoor sports and recreational fitness activities” (subject to certain listed exceptions).

We’ve been getting lots of questions about how this applies to fitness facilities which are part of a condominium’s indoor common elements.

In our view, this means that condominiums in Ottawa, Toronto and the Peel Region are now required to close their indoor fitness facilities (including gyms, exercise classes and weight and exercise rooms, squash courts, etc.) subject to the exceptions in the Regulation (which generally won’t apply to condominiums with the exception of the following exception).

One key exception (which will apply to many condominiums) is as follows:  Pools, splash pads, spray pads and wading pools (and associated locker rooms, change rooms and showers) are permitted to be open subject to restrictions in section 19 of the Regulation.  Therefore, a Board can decide (based upon all relevant factors, including safety considerations and overall management of the common elements) whether or not such water facilities will be opened or kept open…..again subject to the restrictions set out in the Regulation.

Stay tuned to Condo Law News to keep up to date on the latest developments in condominium law!