Can Condo Corporations Enforce Toronto's Mask Policy?

To help slow the spread of COVID-19 in condominium and apartment buildings, since August 7, 2020, the City of Toronto's By-Law 664-2020 (the "Mask By-law") has made wearing a face covering or mask mandatory in all common areas of multi-unit residential buildings. However, this by-law is essentially unenforceable. As a result, a new motion passed by City Council on February 2, 2021, has asked City Staff to explore additional education and enforcement measures for mandatory masking.

Condominium corporations are required to implement this bylaw, but enforcement is complicated. Education, signage and encouraging compliance are the best tools available. When faced with complaints from residents about other residents or visitors ignoring the Mask By-law, there is little condominium corporations may do other than to attempt to enforce compliance under the Condominium Act, 1998. This puts condominium corporations in an uncertain position in the event owners/residents