COVID-19 – Minimization of non-priority services and activities for Quebec businesses

15 april 2020
by Bernier Fournier Avocats

On March 24, 2020, the Government of Quebec adopted Decree 223-2020, thereby making official the order to suspend non-priority services and activities announced on March 23. Under s. 123(2) of the Public Health Act (hereinafter the “Act”), the government may, when a state of health emergency has been declared, implement such a measure without delay or other formalities.

With this decree, the Government of Quebec initially ordered to reduce to a minimum, as of Wednesday, March 25th at 00:01 a.m. and until April 13th, 2020, all non-priority services and activities. However, on April 5, the government announced that this containment period would be extended until May 4th, 2020. During this period, the minimum operations required to ensure the eventual resumption of activities of businesses operating in the non-priority sectors may continue, except for businesses that remain covered by the decree.

In addition, businesses where priority services are offered will be authorized to continue their activities. The mandatory continuation of activities also applies to all businesses producing inputs or raw materials needed for priority services and activities. Thus, subcontractors or co-contractors providing products necessary for the priority services and activities will be able to qualify as “priority services and activities” within the meaning of the decree. The government has published, in annex to Decree 223-2020, a list of the priority services and activities covered by this exception:

Priority health services and social services

Priority health services and social services, including:

Institutions in the health and social services network, including 811 call centres
Pre-hospital emergency services, including the Corporation d’Urgences santé, first responders, ambulance service operators and healthcare communication centres
Private health consulting room of office, including dentists and optometrists (for emergency services only)
Pharmacies
Intermediate resources and family-type resources
Private seniors’ residences
Individuals, enterprises and organizations providing services to the elderly, to the disabled and to the vulnerable, in particular as part of the direct allocation—service employment paycheque measure
Specialized resources offering accommodation for vulnerable groups and their relatives (domestic violence, vagrancy, cancer, addicts housed in community or private resources, palliative and end-of-life care, the underprivileged, immigrants, the elderly, the mentally ill, mother and child, prenatal and postnatal groups, young people in difficulty and their families, people with an intellectual or physical deficiency or an autism spectrum disorder, victims of crime)
Héma-Québec
Transplant-Québec
Canadian Red Cross
Institut national de santé publique du Québec
Régie de l’assurance maladie du Québec
Commission des normes, de l’équité, de santé et de la sécurité du travail
Wholesalers and manufacturers of medication accredited by the Minister of Health and Social Services
Medical and pharmaceutical laboratories and research centres
Enterprises manufacturing vaccines or by-products to produce vaccines
Suppliers, distributors and co-contractors in the health and social services network
Independent placement agencies in the field of health services and social services
Private IV clinics
Joint procurement groups

Public security services

Public security services, including:

Police departments and police forces, including emergency call dispatch centres (operated by a municipality or the Sûreté du Québec)
Fire services
Correctional services
Special constables
Highway controllers
Wildlife protection officers
Security agencies
Ministère de la Sécurité publique (civil security and coroners)
Forest firefighters and all types of professionals providing support for civil security operations
Communication services
Enterprises involved in environmental emergencies

Government services and other priority activities

Government services and other priority activities, including:

Québec government departments and bodies
Childcare workers and support staff for emergency childcare services
Online higher education
Suppliers of goods and services for underprivileged citizens
Food inspection and food quality
Waste collection and residual materials management
Government air services
Suicide prevention centres
Assistance services for victims of domestic violence
Services deemed essential by municipal organizations (administration, public works, etc.)
Food banks
Veterinarian clinics and agronomists
Production and distribution of medications, vaccines and medical equipment for veterinary medecine
Laboratories and animal health research centres
Care for live animals kept in captivity
Inspection, monitoring and improvements relating to the conservation and health of animals and crops
Courts of justice and administrative tribunals, for matters they deem urgent
Legal services (lawyers, notaries, bailiffs, translators and other workers)
Professional orders – public protection component
Priority union activities

Maintenance and operation of strategic infrastructure

Maintenance and operation of strategic infrastructures, including:

Energy production, supply, transmission, transportation and distribution (hydroelectricity, fossil fuels, wind energy, biomass energy)
Maintenance of essential public infrastructures in proper working order (bridges, municipal buildings, etc.)
Construction, maintenance and upkeep of essential activities in connection, in particular, with public and private infrastructures that may create a risk for public health and safety (private dams, management of hazardous and radioactive waste, etc.)
Sanitary services and supply chains (for example water treatment plants)
Computer resources (security, maintenance, urgent needs in the current situation)
Data centres

Priority manufacturing activities

Priority manufacturing activities, including:

Food production (agricultural enterprises, including the construction and renovation of agricultural buildings, food processing, drink production, slaughterhouses, market-garden vegetable and horticultural production, fisheries and commercial aquaculture)
Production of inputs necessary for priority sectors
Wood products industry and silvicultural operations
Manufacture of medical instruments
Manufacture of chemicals
Manufacture of sanitary products
Manufacture of micro-electronic components
Industrial facilities (in particular in the aluminum sector), which must reduce their activities to a minimum
Manufacturing and maintenance in the defence sector
Mining operations

Priority commercial enterprises

Priority commercial enterprises, including:

Grocery stores and other food retailers
Pharmacies
Convenience stores
Stores not in a mall (offering grocery, pharmacy or hardware products)
Businesses supplying agricultural operations (machinery, fertilizer, etc.)
Société des alcools du Québec and Société québécoise du cannabis
Furniture and household appliances (online or telephone sales only)
Funeral services business and cemetery
Restaurants (drive-through, take-out and delivery only)
Hotels and, to accommodate persons returning to Québec and not having a fixed residence, camping grounds (only recreational camping vehicles, motorized or not)
Cleaners, laundries and laundromats
Medical and orthopaedic supply firms
Suppliers of pet food and supplies
Moving firms and domestic storage
Work equipment (safety and protection)
Products, parts and other equipment necessary for transportation and logistics services

Media and telecommunications services

Media and telecommunications services, including:

Telecommunications (network and equipment)
Cable services
Printing
National media
Local media
Communications agencies (advertising, production, feedback)

Banking, financial and other services

Banking, financial and other services, including:

Financial services (financial institutions, automatic teller machines and other payment methods)
Insurance (telephone services)
Payroll services
Accounting services
Financial market and stock exchange services
Placement agencies

Construction sector services

Construction sector services, including:

Construction firms, for emergency repairs or to ensure safety
Electricians, plumbers and other trades (emergency services only)
Equipment rental firms
Lanscaping and landscape maintenance (including nurseries, garden centres and businesses selling swimming pools)
Construction and renovation of residential dwellings, for any immovable where the taking of possession of a residential unit must take place on or before 31 July 2020, including the supply of goods and services that may be required for the work, including the services of real estate agents, land surveyors, building inspectors and assessors, and chartered appraisers

Building maintenance and upkeep services

Building maintenance and upkeep services, including:

Cleaning, upkeep and pest management
Building maintenance (elevators, ventilation, alarm systems, etc.)
Household appliance maintenance and repair

Priority services in the field of transportation and logistics

Priority services in the field of transportation and logistics, including:

Public transit services and passenger services
Ports and airports
Maintenance of locomotives, aircraft and boats and essential air operations (air transportation)
Supply and distribution of foodstuffs, grocery stores and convenience stores
Transportation, storage and distribution of goods
Snow removal and road maintenance
Service stations, vehicle maintenance and repair, tow truck firms, trucks and specialized equipment, and roadside assistance
Remunerated passenger transportation, paratransit services and rental car firms
Postal, courier and parcel delivery services
Bicycle repair shops, includind, sales¹

It is important to note that this list has already been amended and may be amended again. In fact, the Minister of Health and Social Services may, at any time, “amend the Schedule to add or delete priority services or to make clarifications”.

Moreover, it is possible for a company whose services are not on the above-mentioned list to apply to the government for designation as a priority company. To do so, companies must submit their application using the online form available here. Plus, the Quebec government has set up a telephone information line on the designation of a priority company, which is accessible by telephone at 1 855 477-0777.

In addition, on March 30th, 2020, the Quebec government decreed the closure, for all Sundays in April, of businesses that provide services deemed essential, excluding, however, gas stations, convenience stores, pharmacies and take-out orders in restaurants from the application of this measure.

The decree makes it an offence to obstruct or hinder the Minister of Health and Social Services or a Director of Public Health or to refuse to obey an order of either of them. A company that does not comply with government instructions is liable to a fine ranging from $1,000 to $6,000, which is doubled for repeat offences. The same penalty applies to anyone who makes a false statement or provides false information to the Minister or a National Director of Public Safety.

Finally, all businesses authorized to carry on their activities will have to ensure that persons present in their establishments respect, as much as possible, the health measures recommended by Public Health, including the principles of social distancing.

If you have any questions as to whether the services or activities of your business fall under one of these categories, we invite you to contact a lawyer from the Bernier Fournier team.

¹ https://www.quebec.ca/en/health/health-issues/a-z/2019-coronavirus/essential-services-commercial-activities-covid19/