Some more COVID-19 Questions Answered
By Shibley Righton LLP
Is Condominium Property Management an “Essential Service” under the Emergency Order to Close Non-Essential Businesses? If so, does this mean Property Management Must Remain On Site?
The Provincial Government made an emergency Order on Monday March 23, 2020 requiring the closure of non-essential businesses by midnight March 24, 2020. This Order does not apply to condominium property management. Property Management is expressly listed as an essential service under paragraph 13 of the essential businesses list. The situation is fluid and Premier Ford has indicated that the list can be revised in the coming days as required to respond to the pandemic - in particular, community spread of the coronavirus. That noted, just because property management is deemed essential for the purposes of the Order does not mean that property management must remain on site. To the extent that certain services can be delivered remotely to increase physical distancing, this should be contemplated.
Security, cleaners and maintenance staff are also considered essential. And for a chuckle - note that lawyers are also deemed essential!
How Can a Corporation Require a Resident Who Tests Positive for COVID-19 to so Inform Property Management and the Board?
Notwithstanding the current State of Emergency in the Province, a condominium corporation cannot compel health information from any individual. In addition, absent the individual’s express consent, a condominium corporation has no right to obtain that individual’s health information from that person’s health care provider.
Nevertheless, condominium corporations should encourage residents to disclose a positive COVID-19 diagnosis to the Board so that additional preventative measures can be taken to protect the health and safety of other persons in the condominium community. Condominium corporations should keep all this information confidential unless the individual expressly provides written consent for personal health information to be further disclosed. Even then, the corporation should only disclose information that is reasonably necessary to assist in the management of the condominium corporation.
If the resident has recently returned to Canada, effective today (March 26, 2020) at midnight the Federal government is invoking the Quarantine Act to impose mandatory self-isolation for travelers entering the country. Essential workers (such as truck drivers moving between the U.S. - Canadian border) are exempted to ensure the normal flow of supplies.
The government has said maximum penalties for failing to comply with the order include a fine of up to $750,000 and/or imprisonment for six months. If someone jeopardizes another's life while willfully breaching the Act, the penalties are $1 million or three years in prison, or both. These are hefty penalties.
In light of the government’s announcement, Corporations should consider contacting Public Health or their local Police Service if they are aware of a resident who is has returned from out of the country and is ignoring the obligation to self-isolate. This means that the resident must NOT leave his/her unit for any reason for at least 14 days, unless there is an emergency.
