not legal advice, as usual

CBC Toronto has reported that a management company ( at a Toronto condo highrise ) has issued - but quickly retracted same day - some sorta "prohibition" against using ANY common elements - WITHOUT submitting PRIOR PROOF OF COMPLETING FULL COVID - VACCINATION STATUS.

( as in : "proof of vaccination status is required for guests and residents who wish to use all amenities" )

It's unclear that a lawfully enacted "Rule" is what was attempted. ( In March a civil judge upheld some but NOT ALL of a mere masking "policy" https://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=19200&catid=9 )

( Ontario residential condo common elements are NOT only private / non-public but not even technically owned by condo corporations. Known thusly or not to governancers, the legislated ownership of these statutory corporations is tenancies-in common pursuant to the iterations of Ontario's Condominium Act 1998 from day 1. )

This would be a significant step without a formal RULE, if - IF - such was the procedure attempted here.

Ultimately reasonable or not, Rule or not, at the very least bringing this in solely by governancers' mandate more than 17 months into a pandemic, would also be a highly controversial & significant step far beyond merely shutting down ( all ) recreational amenities on an emergency basis in 2020.

And beyond enforcing Provincially-imposed compulsory masking requirements still in place ( as well as municipal versions if still in place ).

Beyond merely the Rule-enactment requirements procedure, the CBC article cites comments by one Toronto condo lawyer.

Sep 2/21 “Toronto condo building brings in vaccine policy for amenities though province doesn't require it" by Ashleigh Stewart https://www.cbc.ca/news/canada/toronto/toronto-condo-vaccine-1.6162923

With Ontario ( COVID ) Vaccination PASSPORTS announced to be "on the way" ( ? ) amidst re-opening non-condo private recreation / fitness / schools etc, what about possible VACCINATION GATE-KEEPING condo RULEs ?

Or at least de facto amenity gate-keeping ? ( whether or not legally imposed ? ) Watching other "re-openings" arguably invites pressure from those who co-own & are required to contribute financially including to shuttered condo pools or rec centres.

At its 18 or 20 month mark, COVID-19 disruptions are a longer haul than most expected. There are parallels to second hand smoke & seatbelt laws; it ain't like choices to eat something that doesn't directly harm one's neighbour.

With the Province recently & expressly declining to DIRECTLY IMPOSE onto condo corporations a vaccine requirement, condo owners & directors face tough choices. ( "Condo buildings are not considered public settings or facilities. However the condo board may implement their own rules respecting use of condo gyms or media rooms. These condos may wish to consult their legal counsel if they are considering such a measure” - attributed to spokesperson Alexandra Hilkene.

Help from the courts ? In March ONSC Ontario Superior Court of Justice declined to Order two 11th floor residents of a Halton highrise to fully comply with a mere condo “Mask Policy” requiring mask or facial covering in the common elements with exposure to other residents. It declined to order masking while directly transiting to or from their unit. ( Aren't "policies" mere extra-legal decision-guides including for stuff like backyard shed colours or height of grass as sometimes abused notoriously by despotic U.S. owners associations ? ) https://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=19200&catid=9

Perplexing Issues. like . . .

Should currently shuttered condo amenities stay shuttered ? ( and Should laundry rooms & even garbage chutes be treated like rec centres, pools & party rooms etc ? Don't even think closely about elevators or lobbies, )

Ignoring vaccination status should condo Boards re-open currently shuttered amenities ? How much additional labour, costs & upgraded air circulation etc are needed & for how long ?

OR does re-opening include purporting to become scrutineers of medical procedures, requiring ( passported ) PROOF OF vaccinations as a condition to use condo amenities ? Including checkpoints of proven frequent 'clear' re-tests to be chased from residents with upheld medical or religious exemptions ?

Howsoever labour intensive to try to enforce, would two-category streaming be creating a form of segregation based on medical or ethical grounds ? That is : un-vaccinated or defiant residents excluded from what they co-own & financially support ? "Separate but equal" ?

Or being segregated to special timeslots ( like lepers ? ). That's despite "FULLY VACCINATEDs" still being reported vulnerable to mild COVID infection and/or spreading COVID-19 a-symptomatically ?

Not easy questions at all.

Some articles & webinars, handier than what the Province is so far putting out as election year approaches . . . :

Davidson Houle Allen LLP “Vaccines – Changing Government Directives… Our Thoughts for Condominiums” https://dhacondolaw.ca/condo-law-news/vaccines-changing-government-directives-our-thoughts-for- condominiums/

lawyer Rod Escayola ( Gowling WLG ) :
Sep 1/21 "Ontario condos may have to require proof of vaccination"
http://condoadviser.ca/2021/09/ontario-condos-may-have-to-require-proof-of-vaccination/condo-law- blog-Ontario

and Aug 31/21 “Mandatory vaccination policies in condos” http://condoadviser.ca/2021/08/mandatory-vaccination-policies-in-condos/condo-law-blog-Ontario

lawyer Bradley Chaplick / Aug 31/21 ToStar : “The province is considering vaccine passports. Will your condo board as well ?” by Tess Kalinowski https://www.thestar.com/news/gta/2021/08/31/the-province-is-considering-vaccine-passports-will-your- condo-board-as-well.html

more to come . . .