Human Resources Legislative Update

The Orders Made Under the Emergency Management and Civil Protection Act in Light of COVID-19 – What Are They?

Human Resources Legislative Update

The Orders Made Under the Emergency Management and Civil Protection Act in Light of COVID-19 – What Are They?

Date: April 1, 2020

Editor’s Note on July 27, 2020: With the proclamation of Bill 195 on July 24, 2020, the declared emergency came to an end. Many of the orders below, however, will continue in effect under Bill 195 in accordance with its provisions. This post will no longer be updated.

On March 17, 2020, the Ontario government declared an emergency under the Emergency Management and Civil Protection Act (EMCPA). “Emergency” is defined in the EMCPA and includes “a disease or other health risk,” which would include COVID-19.Considerable powers are given to the Premier and the Lieutenant Governor in Council during a declared emergency to issue orders which are “necessary and essential in the circumstances to prevent, reduce or mitigate serious harm to persons” where such an order will alleviate the risk or is a reasonable alternative to other actions. Failure to comply can result in substantial penalties for both individuals and corporations.

The initial period of the declared emergency was for 14 days, which was extended an additional 14 days to April 13, 2020. The declared emergency came to an end on July 24, 2020 with the proclamation of Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. See our FTR Now of July 23 for more information. Many of the orders below are continued under Bill 195.

Set out below is a list of the EMCPA orders:

Declaration of Emergency on March 17, 2020 – Revoked on July 24. Ontario Regulation (O. Reg.) 50/20

Closure of EstablishmentsRevoked on June 12. O. Reg. 51/20.

Limitation on Size of Organized Public Events, Certain GatheringsRevoked July 17 (but see Stage 2 and Stage 3 orders for rules that remain in effect). O. Reg. 52/20

Limitation Periods. O. Reg. 73/20.

Staffing Options for Health Service Providers. O. Reg. 74/20.

Drinking Water Systems and Sewage Works. Includes staffing options. O. Reg. 75/20.

Electronic Service. Method of serving documents on various government authorities. O. Reg. 76/20.

Work Deployment Measures in Long-Term Care Homes. O. Reg. 77/20.

Streamlining Requirements for Long-Term Care Homes. O. Reg. 95/20

Electricity Price for RPP Consumers. O. Reg. 80/20.

Stage 1 Closures (Previously Closure of Places of Non-Essential Business. O. Reg. 82/20.

Traffic Management – Revoked July 23. O. Reg. 89/20.

Prohibition on Certain Persons Charging Unconscionable Prices for Sales of Necessary Goods. O. Reg. 98/20.

Closure of Outdoor Recreational Amenities – Revoked July 17 (but see Stage 2 and Stage 3 orders for any restrictions that may apply). O. Reg. 104/20.

Corporations, Co-Operative Corporations and Condominium Corporations (formerly Meetings for Corporations) – Revoked May 12. O. Reg. 107/20.

Enforcement of Orders. A police officer or provincial offences officer who believes that a person has committed an offence through non-compliance with an order issued under the EMCPA may require that person to provide their name, date of birth and address. O. Reg. 114/20.

Work Deployment Measures for Boards of Health. O. Reg. 116/20.

Work Deployment Measures in Retirement Homes. O. Reg. 118/20.

Access to COVID-19 Status Information by Specified Persons – Revoked on July 22. Includes, among others, police, firefighters, paramedics. O. Reg. 120/20.

Service Agencies Providing Services and Supports to Adults with Developmental Disabilities. O. Reg. 121/20; amended by O. Reg. 176/20.

Pick Up and Delivery of Cannabis – Revoked on July 23. O. Reg. 128/20.

Signature in Wills and Powers of Attorney. O. Reg. 129/20.

Use of Force and Firearms in Policing Services. O. Reg. 132/20.

Child Care FeesRevoked on June 12. Cannot charge for child care unless providing same. O. Reg. 139/20.

Agreement Between Health Service Providers and Retirement HomesRevoked on July 20. O. Reg. 140/20.

Temporary Health or Residential Facilities. O. Reg. 141/20.

Closure of Public Lands for Recreational CampingRevoked on June 1. O. Reg. 142/20.

Work Deployment Measures for Service Agencies Providing Violence Against Women Residential Services and Crisis Line Services: O. Reg. 145/20.

Limiting Work to a Single Long-Term Care Home. O. Reg. 146/20.

Work Deployment Measures for District Social Services Administration Boards. O. Reg. 154/20.

Deployment of Employees of Service Provider Organizations. O. Reg. 156/20.

Work Deployment Measures for Municipalities. O. Reg. 157/20.

Limiting Work to a Single Retirement Home. O. Reg. 158/20.

Work Deployment Measures for Mental Health and Addiction Agencies. O. Reg. 163/20.

Congregate Care Settings. O. Reg. 177/20.

Access to Personal Health Information by Means of Electronic Health Records. O. Reg. 190/20.

Global Adjustment for Market Participants and Consumers – Revoked on June 1. O. Reg. 191/20.

Certain Persons Enabled to Issue Medical Certificates of Death. O. Reg. 192/20.

Hospital Credentialing Processes. O. Reg. 193/90.

Treatment of Temporary COVID-19 Related Payments to Employees. O. Reg. 195/20.

Education Sector. Redeployment of staff to congregate care settings. O. Reg. 205/20.

Management of Long-Term Care Homes in Outbreaks. O. Reg. 210/20.

Management of Retirement Homes in Outbreak. O. Reg. 240/20.

Special Rules Re Pandemic Pay. O. Reg. 241/20.

Rules for Areas in Stage 2. O. Reg. 263/20.

Patios. Permits certain exemptions from Planning Act to allow restaurants / bar patios to create or expand outdoor dining space. O. Reg. 345/20.

Stages of Reopening. Lists Regions now at Stage 3 of reopening, and those that remain at Stage 2. O. Reg. 363/20.

Rules for Areas in Stage 3. O. Reg. 364/20

Note that the closure of public schools has been done by way of Order-in-Council under the Education Act.

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ©