Windsor, for evicting a social service / charity in favour of a recreational activity that could be accommodated at Roseland’s facility.

There is a moderate risk that, should an arena ice rink be used for curling in the 2020/21 season, the City of Windsor would not meet the expectations of regular curlers, as the City staff do not have experience in preparing the curling ice surface, which is different from arena ice pads.

Presently, the City of Windsor has been permitted to operate under the Stage 3 Provincial Reopening Framework implemented by the Province. Council has approved a gradual reopening with limited activities and facilities being opened which has resulted in some venues remaining closed. In addition, with schools being re-opened to students, there is a moderate risk that there could be an increase of COVID-19 cases in Windsor-Essex.

To mitigate these risks, Administration will continue to follow all guidelines put in place by the Windsor Essex County Health Unit, the Province of Ontario and the Canadian Government. In the event that Windsor-Essex is required to implement new restrictions, recreation programming and rentals would be re-assessed at that time in order to determine if programs can continue.

Opening facilities and allowing for additional rentals and/or programming at our centres, will result in more public interactions with City employees. This interaction can lead to more opportunity to spread COVID-19 should an infected person enter a facility. This can be mitigated by ensuring physical distancing rules are in place and being followed, enhanced cleaning measures are continued and a limited amount of people are in a facility at any one time. In addition, staff should continue to be provided with appropriate personal protective equipment (PPE) and appropriate facility alterations (e.g. plexiglass dividers) should be completed to assist in keeping staff and the public safe.

Appropriate Health & Safety training and screening specific to COVID-19 will continue to be mandatory for employees either online or by a manual form with their Supervisor noting their symptoms before they come to work each day.

There is a moderate risk that even with these measures in place, the public might fail to adhere to the guidelines resulting in a greater risk to those using and working in the facilities. New wording has been included on City permits that outlines the regulations that must be followed as mandated by the Province.

COVID-19 can now be considered a WSIB claim and employees can file Work Refusals with the Ministry of Labour, resulting in many hours to research and review concerns.

Liability Risks

If someone can establish that COVID-19 was likely contracted by using a City facility, there is a risk of liability to the City. While precedents for these types of claims have not made their way through the courts, it is anticipated that establishing where COVID-19 was contracted will generally be a challenge in making a successful claim. However, this is circumstance dependant. The risk of liability on the City is mitigated by ensuring compliance with the regulations, local health unit guidelines, and tracking measures put in place to screen users and limit the risk of spreading the virus.