Canada: Québec's Regional And Province-wide Restrictions In Response To COVID-19 Resurgence

Restrictions have been further loosened in Côte-Nord, Gaspésie–Îles-de-la-Madeleine and Nord-du-Québec (now Yellow); Nunavik and Terres-cries-de-la-Baie-James (now Green) and all other regions (now Orange) except Montréal, Laval, Laurentides, Lanaudière and Montérégie (Red).

This article highlights current and upcoming restrictions on business and how they build on those that were previously in effect (see our prior article) and is regularly updated as Québec's pandemic response develops. Note that only restrictions on business are covered here. For complete details of restrictions on other activities such as private gatherings, education and sports activities (and others), see here.

Since October 2020 the Government of Québec has continuously renewed the public health emergency declared in the province and tightened and loosened restrictions on businesses as the Covid-19 cases increased and diminished. Like most other provinces, Québec implements many of its restrictions on a regional basis, with a four-level colour-coded scheme that ranges from Red (most restrictive) to Green (least restrictive). As described below, only Montréal, Laval, Laurentides, Lanaudière and Montérégie remain classified as Red zones.

Most of the restrictions in Level 4 (Red zones) for businesses, continue, including curfew restrictions and closure of businesses such as restaurants, bars and indoor entertainment venues except that cinemas, museums and theatres have been permitted to reopen with restrictions. Measures continue respecting the number of clients, obligatory sanitary measures and mask-wearing and, for shopping centres, supervision of common areas.

In Level 3 (Orange zones), the curfew remains in effect but restaurants and spas, among others, are permitted to reopen.

Québec regions are now classified as follows:

• Red zones: Montréal, Laval, Laurentides, Lanaudière and Montérégie;
• Orange zones: Abitibi-Témiscamingue; Bas-Saint-Laurent; Capitale-Nationale, Chaudière-Appalaches, Estrie; Mauricie–Centre-du-Québec; Outaouais; and Saguenay-Lac-Saint-Jean;
• Yellow zones: Côte-Nord, Gaspésie–Îles-de-la-Madeleine and Nord-du-Québec;
• Green zones: Nunavik and Terres-cries-de-la-Baie-James (special measures also in force)

In regions now classified as Orange, Yellow or Green zones, restaurants, cinemas, museums, libraries, performing arts venues, spas and gyms, among others, are permitted to reopen with certain restrictions.

Québec's public health state of emergency continues to be extended (currently to April 2, 2021) by the Québec Minister of Health and Social Services, who is thereby empowered to take measures necessary to protect public health.

Level 4 (Red zones): Restrictions on business

Level 4 (Red zone) restrictions continue to apply in Montréal (including all municipalities in the Communauté métropolitaine de Montréal) and the following adjacent regions:

• Lanaudière;
• Laurentides;
• Laval; and
• Montérégie.

The Level 4 restrictions applicable to businesses in the Red zones include the following.

Certain businesses to remain closed

The following must remain closed:

• restaurants, and food courts in shopping centres and food stores, except for deliveries, take-outs or drive-through orders;
• bars and discotheques;
• microbreweries and distilleries in respect of their services relating to the consumption of food or beverages on their premises;
• casinos and gaming houses;
• arcades and, with respect to their indoor activities, thematic sites, amusement centres and parks, recreational centres and water parks;
• youth hostels; and
• any indoor place used for an event-based or social activity or for games such as bowling, darts, billiards and the like, other than a private residence.

No one is permitted to be present in a place where activities have been suspended unless he or she is there to engage in permitted activities.

Other restrictions on business

• No loitering: shopping centres must take measures to ensure that no-one loiters in their common areas. 
• Curfew: All open businesses, except drugstores and service stations, must close their doors to the public not later 9 p.m. to comply with the 9:30 p.m. curfew and restrictions remain in force concerning the number of people allowed in the stores as set out below. During the curfew period, pharmacies and service stations may maintain their usual opening hours. However, pharmacies may only sell medication, and essential products such as pharmaceutical, hygiene or health products and service stations may only sell products such as food, non-alcoholic beverages and products for vehicles. Service stations may not sell tobacco or alcoholic beverages between 9:30 p.m. and 5 a.m.
• Hotels and other tourist accommodation: only occupants of the same residence or of the tourist home are permitted in a unit, with limited exceptions for persons providing service or support to another; and a visitor for those living alone.
• Limits on number of customers: Québec commercial establishments that engage in retail sales of products to the public are required to restrict the number of customers allowed inside. The permitted number is a function of the floor area of the premises that is accessible to customers (the Government has provided information on how to perform the necessary calculations). A sign indicating the number of persons allowed in the premises must be displayed in the store (with the French language versions being predominant). Store operators must also take measures to manage customer traffic within the store to ensure physical distancing.
• Teleworking: Working remotely ("teleworking") is mandatory for all workers, except those who must be physically present to permit the organization (public or private) to pursue its activities. 
• Working on-site: For businesses whose employees are returning to the workplace, there is a maximum occupancy rate of 25% for premises in office buildings. Measures to protect the health and safety of workers continue in force and can be found here.
• Manufacturers and construction companies: Manufacturing, primary processing and construction industry enterprises must reduce their activities to those that are necessary to fulfil their commitments. Working remotely is to be favoured when possible and shifts are to be adjusted to limit the number of staff present at any one time on production and construction sites.

Curfew

Between 9:30 p.m. and 5 a.m., Quebeckers must not leave their homes except in cases that justify travel. Such cases include travel for work if the person's physical presence in the workplace is required, medical and humanitarian reasons, returning from a trip abroad and accompaniment of children in specified cases.

Employers of individuals who must travel during the curfew hours because of their work should complete the "Attestation de l'employeur – Déplacement durant le couvre-feu décrété par le gouvernement du Québec" to permit these workers to prove that they are legitimately outside their homes during the curfew. The form can be downloaded on this page.

Police officers are being asked to intervene when individuals are outside their homes during curfew hours without a valid reason. Offenders are liable to fines ranging from $1,000 to $6,000 if they are unable to adequately justify why they are outside their homes. 

Level 3 (Orange zone): Restrictions on business

As of March 8, 2021, all the following health regions are now classified as Level 3 (Orange zone):

• Abitibi-Témiscamingue;
• Bas-Saint-Laurent;
• Capitale-Nationale,
• Chaudière-Appalaches,
• Estrie;
• Mauricie–Centre-du-Québec;
• Outaouais; and
• Saguenay-Lac-Saint-Jean.

Certain businesses to remain closed

The following businesses must remain closed:

• bars and discotheques;
• microbreweries and distilleries in respect of their services permitting consumption of food or beverages on the premises;
• casinos and gaming houses;
• arcades and, for their indoor activities, thematic sites, amusement centres and parks, recreational centres and water parks;
• youth hostels; and
• any indoor place used for an event-based or social activity or for games such as bowling, darts, billiards and the like, other than a private residence.

Other restrictions on business

• No loitering: same as for Red zones. 
• Curfew: same as for Red zones. 
• Hotels and other tourist accommodation: same as for Red zones. 
• Limits on number of customers: same as for Red zones. 
• Teleworking: same as for Red zones. 
• Working on-site: same as for Red zones. 
• Manufacturers and construction companies: same as for Red zones. 
• Cinemas, performing arts venues, and establishments offering indoor recreational or sports activities organized in a public place: Certain restrictions as set out here including restrictions on meals being served in performing arts venues except for hotels which offer performances that may be viewed from a guest's room balcony.
• Restaurants, food courts in a shopping centre or food stores: A maximum of two persons from different addresses, accompanied by their minor children, and, if required, a person providing a necessary service or support may be seated at the same table. Operators of restaurants must verify that customers have a proof of residence in a region with the same alert level, limit customers to those with a reservation or their guests (other than fast food) and keep a register of their customers. The information in the register may only be disclosed to the public health authority for epidemiological purposes and is to be destroyed after 30 days. Delivery only is permitted during curfew hours.

Level 2/1 (Yellow/Green) Restrictions

As of March 26, 2021, the following health regions are at Level 2 and Level 1 (Yellow/Green zones) with special measures also in force in the Green zones:

Yellow zones:

• Côte-Nord;
• Gaspésie–Îles-de-la-Madeleine; and
• Nord-du-Québec;

Green zones:

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

While businesses are now permitted re-open, certain restrictions on the number of customers or patrons remain in place as set out here.

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.

Other recommendations

The Government of Québec continues to recommend that residents of one region not travel to regions at a different level, or outside of Québec.

Fines

Those failing to respect the rules on social distancing, face coverings and gatherings (among others) may be fined up to $1,000 while those breaking curfew may be fined from $1,000 to $6,000.

Going Forward

Restrictions and closings may be re-imposed in regions where they have been loosened if the Government of Québec is unsatisfied with the province's progress in fighting the pandemic. We will keep you posted