Dancing Update!

It is allowed with restrictions:

2. (1) Food or drink establishments where dance facilities are provided, including nightclubs, restoclubs and other similar establishments, may open if they comply with the following conditions during any time when patrons are permitted to make use of the dance facilities:

1. In the case of an indoor establishment, 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 25 per cent capacity, as determined in accordance with subsection 3 (4) of Schedule 1, or 250 persons, whichever is less.

2. In the case of an outdoor establishment, the total number of members of the public permitted to be at the establishment at any one time may not exceed 75 per cent capacity, as determined in accordance with subsection 3 (2) of Schedule 1, or 5,000 persons, whichever is less.

3. The establishment must be configured so that patrons seated at different tables are separated by,

i. a distance of at least two metres, or

ii. plexiglass or some other impermeable barrier.

4. Every patron in an outdoor establishment must wear a mask or face covering in a manner that covers their mouth, nose and chin, unless they are entitled to any of the exceptions set out in subsection 2 (4) of Schedule 1, or 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.

5. The person responsible for the establishment must post a sign in a conspicuous location visible to the public that states the capacity limits under which the establishment is permitted to operate.

6. The person responsible for 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.

7. The person responsible for the establishment must,

i. record the name and contact information of every patron that enters an area of the establishment,

ii. maintain the records for a period of at least one month, and

iii. only disclose the records to a medical officer of health or an inspector under the Health Protection and Promotion Act on request for a purpose specified in section 2 of that Act or as otherwise required by law.

(2) For the purposes of paragraph 4 of subsection (1), the references to “indoor area” in clauses 2 (4) (i) and (l) of Schedule 1 shall be read as “outdoor area”, and for greater certainty patrons are permitted to remove a mask or face covering temporarily to consume food or drink, or as may be necessary for the purposes of health and safety.

(3) For greater certainty, the person responsible for the establishment must prepare a safety plan in accordance with section 3.3 of Schedule 1.

(4) Subsection 3.1 (4) of Schedule 1 continues to apply to patrons of the dance facility, except when physical distancing cannot be maintained while participating in the activities for which patrons normally frequent such an establishment.

(5) The physical distancing described in subsections 3 (1) and 3.1 (4) of Schedule 1 is not required when patrons are seated together at a table in an establishment to which this section applies.

(6) For greater certainty, any business, place, facility or establishment at which food or drink is sold or served while dance facilities are provided, including any business, place, facility or establishment referred to in section 4 of Schedule 1 and in sections 22, 24, 25, 27 and 28 of this Schedule, is a food or drink establishment to which this section applies,

(a) at any time when food or drink is served or sold at the business, place, facility or establishment while dance facilities are provided; and

(b) in any part of the business, place, facility or establishment where the food or drink is served or sold and dance facilities are provided.

(7) For greater certainty,

(a) the indoor capacity limits set out in paragraph 1 of subsection (1) apply to each particular room in a business, place, facility or establishment referred to in subsection (6) where dance facilities are provided during the periods of time when dancing is permitted; and

(b) the outdoor capacity limits set out in paragraph 2 of subsection (1) apply to each outdoor area at a business, place, facility or establishment referred to in subsection (6) where dance facilities are provided during the periods of time when dancing is permitted.