Responsibilities of a Business in Ontario
In this strange world of new rules and regulations the line between human rights and tyranny is becoming increasingly blurred. Despite the apparent inability for most of us to decide for ourselves we cannot willfully ignore one simple truth; “you give em an inch they take a mile.” Even the healthiest are asked to participate in unfounded, so-called preventative measures such as social distancing, lock-downs, quarantine and masking in response to an invisible enemy that has never been isolated or purified. Meanwhile, who’s bearing witness to the child abuse taking place in the concentration camps disguised as schools? That’s the line in the sand that has inspired this self-defense document for business owners and patrons, aimed at providing clarity on the duties and responsibilities of an Ontario business in 2021.
In general, municipal & provincial bylaws flow together which are the basis of opinions set forth in this document through reviewing the most current version of Ontario provincial rules (guidelines) O. Reg. 364/20: RULES FOR AREAS IN STAGE 3.
We need to be aware business owners in Ontario are required (by a service corporation) to ask patrons to wear facial coverings. Some of these wonderful business owners are just as confused, uncomfortable and offended as their patrons/ employees. While others seem to enjoy this duty of care perception that nobody is impervious from the policies…No mask—no goods or employment! To be morally honest with our consciousness we must first confess our true beliefs as a business owner internally. Do the ends truly justify the means and are government actions taken demonstrably proven to be justified? It’s perfectly fine to be honest with self; don’t worry about the thought police…
Where do You (Business Owner) Stand?
1. Fully Support
There is a contagion that’s a direct threat to humanity. Every guideline and regulation will be enforced without question.
2. In the Middle
Not sure what’s really going on but I’ll try to do everything possible to comply with questionable rules & regulations.
3. There’s no Way
It’s all a planned event with an over-arching agenda that has nothing to do with any so-called health threat.
Note: Some businesses have chosen to partner with authorities which does not mean any greater authority can be exerted. Be aware of the wise patrons that will make claims!
Heart to Heart
As a proud business owner in Ontario there are tough decisions to make in 2021. In one breath we may appreciate the bones (financial perks) governments are doling out to toe the line, in the other; we must consider our children and the road we are paving for future generations! Facing truth is not an easy task when fearful of losing the business we’ve poured our heart & soul into. Do not make the mistake of thinking morality is out because there are always spiritual consequences to willful wrong actions that cause harm to others. We may not see the harm we are causing today but if there is evidence of future damages, the business owner will be likely be liable! For example, if mask enforcement results in individuals developing dementia in 10 years from now, who’s liable for damages? A mask does reduce the required oxygen body organs need to function and forces re-breathing of exhaled air. Are we [business owners] asking these types of questions or will it take a few law suits first?
Disclaimer
The information provided herein is obtained from state [Ontario] legal documentation. In no way is this information intended to be used as legal advice; it is for entertainment purposes only. If you use any of the concepts or ideas to defend or enforce rights/duties [as a light worker], you do so as a willful gesture of self-determined righteousness to your fellow man.
Business Owners Say…
I am a private business, can’t I make my own rules?
The simple answer is NO.
The property may be privately owed and operated but it must comply with municipal and provincial regulations. In these regulations a business invites the public to their place of public accommodation to patronize the Ontario business. All municipal/provincial bylaws and exceptions (exemptions) in effect apply.
“It’s my private property, get lost!” is an unlawful response to an exemption, it’s a contravention of the law. As such, a business is in violation of the provincial offenses act and it’s a breach of the Human Rights code, creating a potential liability with an employee or patron if they claim exemption.
You must wear a face covering.
Ontario business owners are being told that masking all patrons is a requirement but that’s only part of the regulation. If a patron says “I am exempt” no licensed Ontario business has the right to deny access to goods or require proof of exemption. That’s the law.
I don’t care about exemptions, get out of my store. [in so many words]
Contrary to popular belief, there are rights to decline so-called mandatory measures that must be respected without question. The patron stands his ground and insists the Ontario business must provide accommodation, as it’s no different than denying access to persons in wheelchairs; it’s discrimination.
At this point many Ontario business owners make a judgment call to honor or disrespect the law.
Show me proof of your face covering exemption
Proof of a verbally claimed exemption is not required:
Subsection 6 of Section 2
(6) For greater certainty, it is not necessary for a person to present evidence to the person responsible for a business or place that they are entitled to any of the exceptions set out in subsection (4).
Business owners are required to mask patrons with the following exceptions or exemptions:
O. Reg. 364/20: RULES FOR AREAS IN STAGE 3
under Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17
(4) The person responsible for a business or organization that is open shall ensure that any person in the indoor area of the premises of the business or organization, or in a vehicle that is operating as part of the business or organization, wears a mask or face covering in a manner that covers their mouth, nose and chin during any period when they are in the indoor area unless the person in the indoor area,
(a) is a child who is younger than two years of age;
(b) is attending a school or private school within the meaning of the Education Act that is operated in accordance with a return to school direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health;
(c) is attending a child care program at a place that is in compliance with the child care re-opening guidance issued by the Ministry of Education;
(d) is receiving residential services and supports in a residence listed in the definition of “residential services and supports” in subsection 4 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008;
(e) is in a correctional institution or in a custody and detention program for young persons in conflict with the law;
(f) is performing or rehearsing in a film or television production or in a concert, artistic event, theatrical performance or other performance;
(g) has a medical condition that inhibits their ability to wear a mask or face covering;
(h) is unable to put on or remove their mask or face covering without the assistance of another person;
(i) needs to temporarily remove their mask or face covering while in the indoor area,
(i) to receive services that require the removal of their mask or face covering,
(ii) to engage in an athletic or fitness activity,
(iii) to consume food or drink, or
(iv) as may be necessary for the purposes of health and safety;
(j) is being accommodated in accordance with the Accessibility for Ontarians with Disabilities Act, 2005;
(k) is being reasonably accommodated in accordance with the Human Rights Code; or
(l) performs work for the business or organization, is in an area that is not accessible to members of the public and is able to maintain a physical distance of at least two metres from every other person while in the indoor area.
Source https://www.ontario.ca/laws/regulation/200364
Summary
It’s not what we see on the surface that should awaken small business owners; below the surface we find the obvious agenda to eventually kill small business. C’mon, Costco’s open-business is booming like never before and all the surrounding small businesses are closed or “non essential”! Most individuals utilizing a small degree of common sense can see where the problem is, a bid for world domination through corporatism employing a lock-step process on humanity. With that in mind, small business and consumers NEED to form special bonds that are not possible when compared to the tyrannical shopping approach ALL big box stores have unleashed on the unsuspecting public over an invisible enemy that has never been verified. As an Ontario business that respects his fellow man, here’s a few ideas to ponder in the interest of providing a loving, caring shopping experience:
Exemptions & Exceptions
As we have discovered by studying the current Reopening Ontario (A Flexible Response to COVID-19) Act, a business must honor a mask exemption by law. Even though big box stores think they can violate that law, it does not mean the small business has to follow suit. This is the exception & exemption law in Ontario…
(g) has a medical condition that inhibits their ability to wear a mask or face covering;
AND in my licensed Ontario business I cannot ask for any evidence to support the exemption [see Subsection 6 of Section 2 above], it’s that simple. Do Mamma and Poppas really need to confront a patron when providing mask exemption? The answer is NO and if any by-law department wants to fine a business for upholding the law they are not acting under any oath of office.
Duty of Care
Know your duty of care when patrons are in your establishment, not only by provincial and municipal laws but by reviewing your insurance policy. Think about liability; are you authorized or covered to order a patron to install a medical device after an exemption is provided? What if a patron with an exemption agrees to mask and suffers injury in your establishment as a result of masking? Are you covered?
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