On January 6, 2021, the Government of Québec presented new health measures that will be applicable from January 9, 2021 to February 8, 2021. Additional data concerning these measures were also published on the Government of Québec website later in the evening on January 6. However, the decree confirming these measures had not been released when this note was issued.

It should be noted that the measures below apply throughout the territory of Québec, with the exception of Terres-Cries-de-la-Baie-James and Nunavik.

Manufacturing and construction sectors

Unlike the spring of 2020, the Government of Québec has chosen not to completely close the manufacturing and construction sectors. However, it calls on all companies in these sectors to defer production of anything that is not essential until after February 8, 2021, and to limit their operations to essential activities. Based on the information currently available, we understand that the Government does not intend to define what is essential, rather it is left to the discretion of each company which must exercise this discretion in a reasonable manner.

In addition, according to the information published on the Government of Québec website, companies in these sectors must try to adjust work shifts so as to limit the number of people present at the same time on production and service sites.

Retail stores

As with the situation since December 25, 2020, businesses considered as non-priority must remain closed until February 8, 2021. Businesses selling both essential and non-essential goods should continue to offer only those goods and services considered essential. The list of non-priority enterprises is available here.

However, as of January 9, 2021, door-to-door pickup will be permitted in all businesses. Thus, retail stores will be able to sell all of their products online for delivery to clients’ homes or in the parking lot of the store, while respecting the sanitary instructions.

As of January 9, 2021, all businesses will also have to close their doors no later than 7:30 p.m., with the exception of pharmacies and gas stations, which may remain open as per their usual hours. Between 7:30 p.m. and 5 a.m., pharmacies can only sell medicines and essentials, while gas stations will only be able to sell food, gasoline and road vehicle products.

Offices (including office staff in manufacturing, construction and commerce sectors)

Like the situation since December 17, 2020, remote working continues to be compulsory for all office workers, with the exception of workers whose presence is deemed necessary by the employer for the pursuit of the activities of the organization.

Curfew

From January 9 to February 8, 2021, anyone will be prohibited from moving outside their place of residence between 8 p.m. and 5 a.m. unless such a move is essential, for example in order to carry out work considered a priority, and to go to and from the place where that work is carried out. No list of what is considered priority work for these purposes has been published, but workers in healthcare and emergency services, employees of pharmacies, gas stations, manufacturing companies producing essential goods and public transport services, food deliverers and media representatives would meet this criterion in particular.

Statements of offense may be given by the police to those who do not respect the curfew, unless their travel is justified. To this end, it is recommended that employers of workers who are required to travel during curfew hours provide them with a document justifying their travel. The Government of Québec is expected to publish a model document in this regard, but has warned that it will not be ready by January 9, 2020.

Travel between regions

Unlike spring 2020, travel between regions will not be banned, although they continue to be not recommended except for essential travel. To this end, the Government of Québec is not asking the police to set up roadblocks to control movement between regions in order to ensure that it is limited to what is essential. Consequently, as long as such trips are made outside of curfew hours, it is not necessary for employers to prepare letters to justify the interregional trips of their employees. Employers should, however, make sure to cancel or postpone any non-essential interregional travel.

Sanitary measures

During the press conference, the Government of Québec strongly insisted on the fact that despite the adoption of the new measures described above, all employers with employees working on-site must ensure they continue to comply with all public health recommendations aimed at avoiding the spread of the virus which have been in effect since spring 2020 (e.g. the maintenance of a two-metre distance between individuals, wearing of face coverings, exclusion of symptomatic individuals, etc.).

Fines

Companies and individuals who do not comply with the applicable rules above are subject to a fine of CA$1,000 to CA$6,000. In the workplace, failure to comply with the rules mentioned above can also expose companies and workers to fines under the Law on occupational health and safety.

If you have any questions about the Québec reconfinement and the effects it may have on your workplace, or if you would like our team to assist you in drafting or reviewing your employment contracts and/or policies, please do not hesitate to contact Arianne Bouchard or any other member of Dentons’ Employment and Labour group in the Montréal office.