The principle which underlines the Emergency Management and Civil Protection Act is a simple one:  only essential workplaces shall operate.

Based on this, we have provided a message intended to provide guidance to members (recognizing that this does not constitute legal advice).

Are Aggregate Producers Required to Determine if Customers are Essential or Non-Essential?

The principle which underlines the Emergency Management and Civil Protection Act is a simple one:  only essential workplaces shall operate.

Based on this, here is a message intended to provide guidance to members (recognizing that this does not constitute legal advice):

Question: 
Are Aggregate Producers required to determine if customers are essential or non-essential? 

Aggregate Suppliers

Aggregate production is an essential service as set out in Article 32 of the List of Essential Workplaces published by the Government of Ontario which came into effect on April 4, 2020:

32.      Businesses that provide and ensure the domestic and global continuity of supply of resources, including mining, forestry, aggregates, petroleum, petroleum by-products and chemicals.

In the language, there is no specific requirement for an aggregate producer to make the determination as to whether projects or clients are themselves on the essential list or not.

However, in addition to the above, some members may wish to post a sign at their scale house with words such as this:

Drivers:  By accepting this order you acknowledge that the material is destined for a job site that is deemed essential.

Contractors

Members who also operate as contractors have asked OSSGA for clarification as to whether they should accept a contract in situations where it isn’t clear as to whether the job would be considered essential or not. In these situations OSSGA suggests that contractors carefully examine the List of Essential Workplaces.

If there is some uncertainty, and if that client continues with the project, it would be in the contractor’s interest to seek indemnity from the client as a condition of supplying or working at the project.  

Again, it is worth repeating that the Government of Ontario has deemed that only essential workplaces operate. 

Are nurseries covered on the Essential Workplace list?

OSSGA received this answer based on the question we submitted as to whether nurseries are coverered on the Essential Workplace list:

From: Ag Info <ag.info.omafra@ontario.ca>
Sent: April 13, 2020 2:32 PM
To: Sharon Armstrong <sarmstrong@ossga.com>
Subject: RE: Nurseries

Hello,

Based on the information you have provided, Section 2 of the Government ORDER includes:

Businesses that primarily sell food, beverages and consumer products necessary to maintain households and businesses including:

  1. Supermarkets and grocery stores.
  2. Convenience stores.
  3. Discount and big box retailers selling groceries.

Such businesses are permitted to sell non-edible horticulture products such as flowers, plants and other garden products, however, must operate in accordance with all applicable laws including the Occupational Health and Safety Act and subject to the advice and recommendations of public health officials, including their recommendations about the importance of physical distancing.  Public Health Units provide advice on best practices in this manner.

Section 15 includes businesses that sell hardware products and can provide product through alternative method of sale and delivery would also be permitted to sell garden products including flowers, plants and other garden supplies.

Section 24 includes businesses that produce food and beverages and agricultural products including plants, including by farming, harvesting, aquaculture, hunting and fishing are permitted to sell to the public in accordance to the subsection 2 (1) of schedule 3 where public access to the place of business is restricted by providing alternative methods of sale such as curb side pick-up or delivery.

Regards,

Agricultural Information Contact Centre

Ontario Ministry of Agriculture, Food and Rural Affairs

1 Stone Road West / Guelph, ON  N1G 4Y2

Tel.: 1 877-424-1300 / TTY: 1 855-696-2811

Website: www.ontario.ca/OMAFRA / Email: ag.info.omafra@ontario.ca  

FAQ: What happens to timelines for new licence notification periods, filing Compliance Assessment Reports, etc.?

As at March 30th, OSSGA is in discussion with MNRF regarding these questions.  At the moment, we know that judiciary proceedings, like LPAT for example, have been put on 'pause'.  The indication is that the clock has stopped and will restart once business returns to normal.

With respect to other timelines, deadlines, compliance requirements -- we do not have firm answers yet, but have had discussions with MNRF and they are working through these issues.  

We will update you as soon as we have more information available.

FAQ: What is going with LPAT Hearings?

LPATS have been cancelled as follows – this information is from March 13

Please note the following directions of the Tribunal:

  • All appearance hearings that have been scheduled to commence or continue on or after Monday March 16th to Friday April 3rd will be adjourned and will be rescheduled at a later date. 
  • All scheduled teleconference calls will proceed as scheduled.
  • All case management conferences or in-person motion events that have been scheduled during this period: Monday March 16th to Friday April 3rd will either be adjourned, and rescheduled at a later date, or will be conducted by teleconference, when practical or appropriate.  Persons entitled to notice of these events will be advised by email on a case by case basis as to the call in details for the teleconference, if scheduled, or alternate directions.
  • The Tribunal will not schedule appearance hearings or case management conferences until further notice.
  • Lastly, any mediation events that have been scheduled during this period Monday March 16th to Friday April 3rd will be adjourned and will be rescheduled at a later date. 

These directions take effect as of Friday March 13th. We will advise our stakeholders of any further changes to our processes.  Administrative staff will be available to deal with written and telephone inquiries.

FAQ: How will New Licence Applications be affected?

OSSGA is currently compiling a list of questions for MNRF to consider with respect to how this situation will affect Licence Applications.

  • Open houses will not be able to take place
  • LPAT hearings will likely be cancelled
  • Municipalities are postponing council and committee meetings
  • Inspectors may not be able to do site visits (can MNRF confirm status of this)
  • Pre-consultations with MNRF and other agencies may not take place (this may prevent applications from even being submitted)

If you have a question in this regard, please email Sharon and she will add it to the list.