CLARITY TO LOCAL BUSINESSES - WHETHER ESSENTIAL - WHAT YOU CAN/CANNOT DO - STEEP PENALTIES FOR NON-COMPLIANCE

As of March 24, all “non-essential” businesses must be closed [Regulation 82/20 of the Emergency Management and Civil Protection Act (the “Regulation”)].

The Regulation also permits “non-essential” businesses to allow temporary access for very specific purposes, which are explained below.

Essential businesses are:

  • supply chain
  • retail and wholesale of food
  • food services and accommodations
  • institutional, residential, commercial and industrial maintenance
  • telecommunications and IT infrastructure service providers
  • transportation
  • manufacturing and production
  • agriculture and food production
  • construction
  • financial activities
  • resources
  • environmental services
  • utilities and community services
  • communications
  • research
  • health care and social services
  • justice
  • business regulators and inspectors
  • other specific business activities.

For non-essential businesses, temporary access is permitted only:

  • to perform work at the business in order to comply with any applicable law
  • to allow for inspection, maintenance or repair
  • to allow for the provision of security services
  • to deal with critical matters related to the closure of the business
  • to access materials needed for the business to operate remotely.

Non-essential businesses may also operate remotely or provide services online or by telephone.

PENALTIES FOR NON-COMPLIANCE:

Non-compliance with the Regulation may result in significant penalties:

(a) in the case of an individual, subject to clause (b), to a fine of not more than $100,000 and for a term of imprisonment of not more than one year;

(b) in the case of an individual who is a director or officer of a corporation, to a fine of not more than $500,000 and for a term of imprisonment of not more than one year; and

(c) in the case of a corporation, to a fine of not more than $10,000,000.


Thank you for reading this - Jason Ward of WARDS LAWYERS PC.

If you would like to read more, please go to wardlegal.ca/posts.

This WARDS LAWYERS PC blog is for general information only. It is not legal advice, or intended to be. Specific or more information may be necessary before advice could be provided for your circumstances.

More information? We're here to help - jason@wardlegal.ca | www.wardlegal.ca