Ontario Regulation 364/20

Updated October 3, 2020‍ Note: We are not a law practitioner. This advice is general in nature and not to be taken as personal professional advice. Consult with a lawyer to ensure you are in compliance with regulations in your jurisdiction. Relevant act: Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. Regulation 364/20 (Consolidated October 3, 2020) – Full document here: https://www.ontario.ca/laws/regulation/200364 In this Order,
“enhanced measures zone” means, (a) the City of Ottawa Health Unit,
(b) the City of Toronto Health Unit, and
(c) the Peel Regional Health Unit, and

(d) The Region of Waterloo Health Unit.

Relevant section:
‍Restaurants, bars etc.
‍1. (1) 5.

The person responsible for the establishment must,

  1. subject to subsection (1.0.1), record the name and contact information of at least one member of every party of patrons that enters an indoor or outdoor dining area in the establishment, other than patrons who temporarily enter the area to place, pick up or pay for a takeout order,
  2. maintain the records for a period of at least one month, and
  3. only disclose the records to a medical officer of health or an inspector under the Health Protection and Promotion Act on request for a purpose specified in section 2 of that Act or as otherwise required by law.


(1.0.1) In the enhanced measures zone, the requirement set out in subparagraph 5 i of subsection (1) may only be satisfied by recording the name and contact information of every patron that enters an area of the establishment described in that subparagraph, unless,

(a) the patrons temporarily enter the area to place, pick up or pay for a takeout order, in which case subparagraph 5 i of subsection (1) does not require their name and contact information to be recorded; or

(b) the establishment is a limited-service establishment, in which case the requirement in subparagraph 5 i of subsection (1) continues to require the collection of the name and contact information of at least one member of every party of patrons.

(1.0.2) For the purposes of clause (1.0.1) (b), an establishment is a limited-service establishment if it requires all dine-in patrons to order or select their food or drink at a counter, food bar or cafeteria line and pay before receiving their order.

Customers can feel secure using their personal devices to pass along the information, without having to write it using a communal pen, or other high-touch surface. The information is retained for a period of at least 30 days, before being destroyed. Customer data is never shared or sold, and will only be accessed in case of a request under the Health Protection and Promotion Act. In the event of a potential exposure at your establishment, you will be provided notice from the office of the Medical Officer of Health, or your Health Inspector.