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
- manufacturing and production
- agriculture and food production
- financial activities
- environmental services
- utilities and community services
- health care and social services
- 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.