Québec Imposes New Restrictions as of December 20, 2021 as COVID-19 Situation Deteriorates

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With the arrival of the Omicron variant and the sharp increase in COVID-19 cases, as of December 20, 2021, certain restrictions on business return including:

  • capacity limits for businesses and commercial centres based upon their square footage;
  • restaurants, bars, casinos, taverns, microbreweries, cinemas, and indoor events are restricted to operating at 50% capacity;
  • remote working strongly recommended and distancing and masks are mandatory.

As has been the rule since September 1, 2021, Québec requires a vaccination passport for non-essential activities and businesses, including places of worship and meetings (other than work-related) as of December 20, 2021. This passport allows visitors and residents who are fully vaccinated to have access to such activities and businesses, which include restaurants, bars, gyms, festivals and events (see the complete list here). The vaccination passport is mandatory for everyone 13 and older.

Rapid antigen tests for personal use are being made available at no cost with limitations on the number of tests each person may obtain.

The following is from the summary of the new rules made available by the government today and will be modified as further details of the new rules become available.

Summary

Businesses in all regions of Québec are now open but the capacity restrictions lifted last month have returned and mandatory face covering and physical distancing remain in respect of most indoor activities.

The Commission des normes, de l’équité, de la santé et de la sécurité du travail has modified the recommended measures for workplaces throughout Québec (for a summary in French, see here).

Detailed Information

This post highlights the restrictions on business and will be updated as Québec’s pandemic response evolves. For summary on other activities such as education and sports activities (and others), see here.

Since October 2020, the Government of Québec has tightened and loosened restrictions on businesses as COVID-19 cases increased and diminished. Most of the restrictions on businesses were lifted last month throughout Québec (with special measures in force in Terres-cries-de-la-Baie-James and in Nunavik). Certain restrictions have now been reimposed.

Québec’s public health state of emergency continues to be extended (currently to December 24, 2021) by the Québec Minister of Health and Social Services, who is empowered under this order to take measures necessary to protect public health.

Vaccine Passports

Québec’s vaccine passport rules have been in effect since September 1, 2021. The vaccine passport indicates that a person is “adequately protected” against COVID-19 and allows those aged 13 and up to gain admittance to certain locations and non-essential activities where the risk of transmission is considered to be higher. Photo ID is required. The full list of places and activities which will require the vaccine passport is available here.

The passport is not required for access to essential services such as education (primary, secondary or post-secondary).

For more information on the vaccine passport and how to obtain it, see here.

Restrictions on Businesses: Open with vaccine passport required and capacity limits

See the government summary of all the restrictions here.

  • stores and shopping centres:
    • capacity limits of 1 client per 20 m2 of sales area applicable in stores, traffic areas and food courts;
    • longer opening hours permitted on Boxing Day;
    • personal care services such as hairdressers, massage therapists, etc are exempted from new capacity restrictions: traffic to be managed through appointments.
  • restaurants, bars, microbreweries, taverns and casinos:
    • capacity limits reduced to 50%;
    • maximum spacing between tables;
    • 10-person (or occupants of three homes) capacity limit per table maintained;
    • dancing and karaoke prohibited;
    • patrons must remain seated.
  • cinemas, shows, events, conferences, etc:
    • capacity limits reduced to 50%;
    • spectators must remain seated;
    • masks are mandatory although may be temporarily removed when eating and drinking;
    • outdoor events: no limit on the number of patrons and physical distancing no longer required.

Nunavik and Terres-cries-de-la-Baie-James

For information about the measures in force in Nunavik and Terres-cries-de-la-Baie-James, consult the websites of the Nunavik Regional Board of Health and Social Services and the Cree Board of Health and Social Services of James Bay.

Fines

Those failing to respect the COVID-19 public health measures such as vaccine passports, social distancing, face coverings and gatherings (among others) may be subject to fines.

Going Forward

The Government of Québec has reimposed certain restrictions and will continue to monitor the situation closely.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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