The following guidance should be used by owners and operators of restaurants, bars, food trucks, concession stands and other food or drink establishments, to reduce the spread of COVID-19. Owners and operators are responsible for ensuring that their food premises is in compliance with all applicable legislative requirements under provincial and municipal law, including all emergency orders made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. As every food premises will be different, it is the responsibility of owners/operators to review their own policies, procedures, and site-specific operations, while ensuring that the appropriate infection prevention and control measures are implemented and maintained. As well, food premises must comply at all times with O. Reg. 493/17: Food Premises made under the Health Protection and Promotion Act.
The aim and purpose of this document is to assist businesses and organizations with information related to legal requirements pursuant to the Ontario Government’s reopening framework as well as Toronto Public Health’s (TPH’s) guidance and recommendations to reduce the spread of COVID-19. While efforts are made to ensure these documents provide accurate and timely guidance, for the most up-to-date requirements, owners and operators are encouraged to consult the applicable provincial regulations made under the Reopening Ontario Act. This guidance is not intended to nor does it provide legal advice and should not be relied upon or treated as legal advice. Users seeking legal advice should consult with a qualified legal professional. The owner of a business or organization is required to be aware of and comply with all applicable legal requirements. Zoning by-laws and other City by-laws may also provide other applicable restrictions that must also be complied with.
Section 1: General Rules (Roadmap to Reopen: Step 3)
O. Reg. 364/20, Schedule 1 sets out General Rules for businesses and organizations that are permitted to open. These requirements have been summarized below as they apply to restaurants, bars, food trucks, concession stands and other food or drink establishments:
Compliance with Applicable Laws
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- The person responsible for the business or organization must comply with all applicable laws, including the Occupational Health and Safety Act, and regulations made under it.
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Public Health Officials
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- Post signs at all entrances to the premises of the business or organization in a conspicuous location visible to the public to inform individuals on how to self-screen themselves for COVID-19 prior to entering the premises.
- Actively screen every person who works at the business or organization before they enter the premises of the business or organization.
Sample TPH Resources:
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Masks and Face Coverings
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- The person responsible for a business or organization must ensure that all persons wear a mask or face covering that covers their mouth, nose and chin during any period when they are in an indoor area of the premises, or in a vehicle that is operating as part of the business or organization.
- Some exceptions apply, including children under the age of two, and people with medical conditions that make wearing a mask difficult.
- Proof of an exemption is not required.
- The person responsible for a business or organization must ensure that every person who performs work for the business or organization and whose mask is temporarily removed to consume food or drink is separated from other persons by at least 2 metres distance or by plexiglass or some other impermeable barrier.
Other Requirements:
- Toronto Bylaw 541-2020 also requires operators to:
- Create a mask policy for their establishment.
- Communicate this policy to employees and patrons.
- Post signs at all entrances to the premises in high visibility areas containing the required text.
- Train employees on the policy, including exemptions.
- Train employees on how to communicate with, and accommodate people who may be exempt.
Sample TPH Resources:
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Personal Protective Equipment (PPE)
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- A person shall wear appropriate PPE that provides protection of their eyes, nose and mouth if, in the course of providing services, the person:
- is required to come within two metres of another person who is not wearing a mask or face covering during any period when that person is in an indoor area; and
- is not separated by plexiglass or some other impermeable barrier from a person described above.
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Capacity Limits
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- Limit the number of people in the place of business or facility so that members of the public are able to maintain a physical distance of at least two metres from every other person.
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Entrances and Managing Lines
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- Ensure that patrons are not permitted to line up or congregate:
- outside the business or place, or at an outdoor attraction of feature within the business or place, unless they are maintaining a physical distance of at least two metres from other groups of persons.
- inside an indoor part of the business or place unless they are:
- maintaining a physical distance of at least two metres from other groups of persons; and
- wearing a mask or face covering, unless entitled to an exemption.
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Safety Plan
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- Prepare a safety plan, which:
- describes measures and procedures that have been or will be implemented in the business to reduce the spread of COVID-19;
- includes measures for screening, physical distancing, masks or face coverings, cleaning and disinfecting of surfaces and objects, the wearing of PPE, and preventing and controlling crowding.
- includes information on how the business, place or event will prevent gatherings and crowds, manage requirements for mask wearing and physical distancing where patrons are permitted to line up or congregate (as noted above), and mitigate the risk of any interactive activities, exhibits or games.
- is in writing and made available to any person for review, upon request; and
- is posted in a conspicuous place where it is likely to come to the attention of those working or attending the location.
Sample TPH Resources:
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Tents, Canopies, Retractable Roofs, etc.
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- If an outdoor area of the business or place is covered by a roof, canopy, tent, awning or other element, at least two full sides of the entire outdoor area must be open to the outdoors, and must not be substantially blocked by any walls or other impermeable physical barriers.
- If an outdoor area at the establishment is equipped with a retractable roof and the roof is retracted, at least one full side of the outdoor area must be open to the outdoors, and must not be substantially blocked by any walls or other impermeable physical barriers.
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Live Entertainment
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- If live entertainment is performed for spectators at the business or place, the performers must maintain a physical distance of at least two metres from any spectators, or are separated from any spectators by plexiglass or some other impermeable barrier.
Note: other applicable City of Toronto by-laws place additional restrictions on music and entertainment for outdoor dining areas. |
Cleaning and Disinfecting
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- The person responsible for the business or place must ensure the following are cleaned and disinfected as frequently as is necessary to maintain a sanitary condition:
- washrooms, locker rooms, change rooms, showers or similar amenities made available to the public; and
- any equipment that is rented to, provided to, or provided for the use of members of the public.
- Applies to computers, electronics and other machines or devices that members of the public are permitted to operate.
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Section 2: Specific Rules (Roadmap to Reopen: Step 3)
O. Reg. 364/20, Schedule 2 sets out additional sector specific conditions that businesses and organizations must follow to be permitted to open. These conditions have been summarized below as they apply to all restaurants, bars, food trucks, concession stands and other food or drink establishments:
Seating
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- The establishment must be configured so that patrons seated at different tables are separated by:
- a distance of at least two metres; or
- plexiglass or some other impermeable barrier.
- Physical distancing is not required while patrons are seated together at a table in the establishment.
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Capacity Limits
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- The total number of patrons permitted to be seated at the establishment, whether indoors or outdoors, must be limited to the number that can maintain a physical distance of at least two metres from every other person at the establishment.
- A sign must be posted in a conspicuous location visible to the public that states the capacity limits which the establishment is permitted to operate under.
Sample TPH Resource:
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Active Screening of Patrons
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- The establishment must actively screen any dine-in patrons in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the establishment.
- Active screening is not required in an establishment which requires dine-in patrons to order or select their food or drink at a counter, food bar or cafeteria line and pay before receiving their order.
Province of Ontario Resources:
- Customer Screening Questions – available online and in PDF
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Customer Records
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- Record the name and contact information of every patron that enters an area of the establishment, unless the patron temporarily enters the area to place, pick up or pay for a takeout order.
- Maintain the records for a period of at least one month.
- Only disclose the records to a medical officer of health or an inspector under the Health Protection and Promotion Act, or as otherwise required by law.
- Customer records are not required in an establishment which requires dine-in patrons to order or select their food or drink at a counter, food bar or cafeteria line and pay before receiving their order.
Sample TPH Resource:
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Hospitals and Airports
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- Some of the above noted requirements do not apply to establishments on hospital premises or in an airport, or to establishments where the only patrons permitted at the establishment are persons who perform work for the business or place where the establishment is located, such as:
- Capacities, including signage
- Active screening of dine-in patrons
- Refer to O. Reg. 364/20 for specific requirements.
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Dancing
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- No patron shall dance at the establishment.
- See below section for food or drink establishments with dance facilities for specific requirements.
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Food or Drink Establishments with Dance Facilities
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The following requirements apply to food or drink establishments where dance facilities are provided, including nightclubs, restroclubs and other similar establishments, when patrons are permitted to make use of the dance facilities:
- Capacities: the total number of members of the public permitted to be in the establishment at any one time must be limited to the number that can maintain a physical distance of at least two metres from every other person in the establishment, and in any event may not exceed:
- Indoors: 25 per cent capacity or 250 persons, whichever is less. This capacity limit applies to each particular room in the business, place, facility or establishment where dance facilities are provided, during periods of time when dancing is permitted.
- The maximum number of members of the public permitted in a business or facility, or part of a business or facility, operating in an indoor setting at 25% capacity is determined by taking 25% of the maximum occupant load of the business or facility, or part of the business or facility, as calculated in accordance with the Ontario Fire Code.
- Outdoors: 75 per cent capacity, or 5,000 persons, whichever is less. This capacity limit applies to each outdoor area at a business, place, facility or establishment where dance facilities are provided, during periods of time when dancing is permitted.
- The maximum number of members of the public permitted in a business or facility operating in an outdoor setting at 75% capacity is determined by taking the total square metres of area accessible to the public, dividing that number by 1.33 and rounding the result down to the nearest whole number.
- A sign must be posted in a conspicuous location visible to the public that states the capacity limits which the establishment is permitted to operate under.
- Seating: the establishment must be configured so that patrons seated at different tables are separated by:
- a distance of at least two metres; or
- plexiglass or some other impermeable barrier.
- Masks: every patron in an outdoor establishment must wear a mask or face covering that covers their mouth, nose and chin, unless an exemption applies, or if they are seated with members of their own household only, and every member of the household is seated at least two metres from every person outside their household. Patrons are permitted to remove a mask or face coverings temporarily to consume food or drink, or as may be necessary for health and safety.
- Active Screening: the establishment must actively screen patrons in accordance with the advice, recommendations and instructions of the Office of the Chief Medical Officer of Health before they enter the premises of the establishment.
- Customer Records: record the name and contact information of every patron that enters an area of the establishment. Maintain the records for a period of at least one month. Only disclose the records to a medical officer of health or an inspector under the Health Protection and Promotion Act, or as otherwise required by law.
- Safety Plan: the person responsible for the business or establishment is reminded that they must prepare a safety plan as required under Schedule 1 and discussed in Section 1.
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Section 3: Recommendations for Meeting and Enhancing Compliance
The following recommendations are offered to assist restaurants, bars, food trucks, concession stands and other food or drink establishments in meeting and enhancing compliance with some of the requirements summarized in Sections 1 and 2 of this document.
Measures for all Workplaces, Businesses and Organizations
Review the Guidance for Employers on Preventing COVID-19 in the Workplace to plan and implement protocols to keep staff and customers safe. Operators should also consider the following:
- Cleaning and disinfecting
- Develop enhanced environmental cleaning and disinfection policies and procedures.
- Clean and disinfect high-touch surfaces at least twice a day, and more frequently as needed.
- Clean and disinfect customer tables and seating surfaces after each use.
- Menus in the form of menu-boards, chalkboards, online from customers’ mobile devices, or single-use paper menus are preferred. Reusable menus must be cleaned and disinfected between uses.
- For cleaning and sanitizing food contract surfaces, equipment and utensils, follow standards prescribed in Reg. 493/17: Food Premises. The Province has also provided additional COVID-19 guidance for food premises.
- Managing COVID-19 in the workplace
- Employers must immediately notify Toronto Public Health at 416-338-7600 as soon as they become aware of two or more people who test positive for COVID-19 within a 14-day interval in connection with their workplace premises, as per Toronto Public Health Instructions for Workplaces and Class Order for Workplaces Experiencing a COVID-19 Outbreak.
- In the event that a case of COVID-19 is reported in a staff member or customer, it is not necessary for the establishment to discard any food that they may have been in contact with.
- See Toronto Public Health’s Guidance on Managing COVID-19 in the Workplace for more information.
Staff Training
- Educate staff on the proper use of masks/face coverings. They should change masks when moist or dirty. See more information on use of non-medical masks or face coverings.
- Discourage staff from congregating in the lunchroom or common areas.
- Educate staff on hand hygiene and respiratory etiquette:
- Wash hands frequently with liquid soap and warm water for at least 15-30 seconds, or use hand sanitizer (70-90% alcohol concentration) if water and soap is not available.
- Cover coughs or sneezes with the elbow or a tissue. Immediately throw the tissue in the garbage and wash hands.
- Educate staff on the proper use of gloves. If staff use gloves, it is important to change them every hour, or more often, as necessary.
- Hands should be washed and/or sanitized between changes.
- Remove gloves when changing tasks.
- When gloves are removed, new gloves must be used each time.
- Encourage staff to download the COVID Alert app so they can be notified directly if they have been in close contact with someone who was contagious with COVID-19.
Personal Protective Equipment (PPE)
- In addition to the PPE requirements set-out in Section 1, staff should wear PPE consisting of a surgical/procedure mask and eye protection (goggles or face shield) if physical distancing or separation via a physical barrier cannot be maintained.
- Non-medical masks or face coverings are not suitable for use as PPE.
- See more information about PPE.
Entrances and Managing Lines
- In addition to the requirements set out in Sections 1 of this document, encourage customers to wear a mask or face covering while waiting in line outdoors.
- Post signs which outline physical distancing requirements in lines and discourages individuals from gathering on the property or nearby right of way.
- Use visual markers, stickers or pylons to encourage physical distancing while waiting.
- Post an employee at the entrance to monitor the number of customers entering and leaving, and control/stagger customer entry to prevent crowding.
- Once the capacity limit is reached, allow one customer in for every customer that leaves.
- Consider requiring reservations during peak dining times to minimize lines and control flow.
- Make alcohol-based hand sanitizer (70-90% alcohol concentration) available for use by the entrance.
Physical Distancing
- Remind customers and staff to maintain a physical distance of at least two metres from people they don’t live with.
- Post physical distancing signs at all entrances, service counters, and cashiers.
- Place markers or circles on the ground so customers know where to stand when waiting or interacting with staff.
- Design a walking flow for the establishment (e.g. creating one-directional aisles with prominent signage and/or floor markings), where appropriate.
- Install plexiglass/barriers, if possible, where there will be close contact between staff and customers, at service counters and cashiers.
- Rearrange equipment and/or processes in the kitchen and other areas used by staff so that at least two metres distance between staff can be achieved.
- After placing a take-out order, encourage customers to wait at a distance until their food is ready.
- Consider implementing an order numbering system to identify orders for pick-up.
- Leave orders on the counter or set-up a side table for customers to pick it up their order without the need for staff contact.
Customer Records
- In addition to the requirements set-out in Section 2, customer records should be kept in a legible manner, and include the following:
- name, email address and telephone number;
- the date the person attended, the party’s check in and check out times, and the party’s table number, or if there is no table number, the location where the party was served or consumed food or drink.
- See the sample Customer Log which can be used.
Deliveries
- Implement contactless delivery practices where possible. Contactless deliveries allow staff to leave a delivery at a doorstep, and move back to a distance of at least two metres while verifying receipt of the delivery with the person receiving the delivery.
- Encourage customers to complete their transactions electronically (e.g. pre-payment in an app or over the phone). This eliminates the need for close contact between staff and the person receiving the delivery.
- Delivery staff should keep interactions brief, maintain physical distancing as much as possible, wear a mask or face covering, and sanitize their hands after each delivery.
- Avoid customer handling of mobile payment terminals and pens, where possible. Clean and disinfect these items if shared with a delivery recipient after each use.
Communication
- Provide information to customers about business operations (e.g. public health measures, advance order options, curbside pickup).
- Encourage staff and customers to get a COVID-19 vaccination if they haven’t already.
- Designate a contact person (e.g. supervisor) to respond to COVID-19 concerns from staff and customers.
- Print and post signs in highly visible areas, including at entrances, service counters, cashiers, and washrooms as a reminder for everyone to practice public health measures:
Other Resources
Download this information as a PDF.
Resources:
