Mask Policy – Ontario

[Rory Lodge]

#102800

I was wondering what your thoughts were on a “No Mask, No Service” for businesses’ They have to protect their workers but they may be denying service to someone with a legitimate reason to not wear a mask and creating a human rights issue. Thanks in advance!

[Jeffrey Turner]

#103254

Right. You DO have to make exemptions to mask policies for both customers AND employees. In Ontario, the mask order makes exemptions for (these rules apply in not just Ontario but pretty much all parts of the country):

1. A child under the age of two years; or a child under the age of 5 years either chronologically or developmentally and he or she refuses to wear a face covering and cannot be persuaded to do so by their caregiver;
2. Where a Face Covering would inhibit the Person’s ability to breathe in any way; and
3. Where for any other medical reason, the Person cannot safely wear a Face Covering such as, but not limited to, respiratory disease, cognitive difficulties or difficulties in hearing or processing information.

In addition, the Ontario Human Rights Commission clarifies that exemptions from mask requirements MAY BE a required accommodation for employees/job applicants with disabilities, religious preferences and other protected characteristics. You’d have the right to ask the person to verify the disability. And, of course, accommodations aren’t required if they impose undue hardship.

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