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: This post is being updated with additional orders made since the date of publication. Last updated July 14, 2020

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. By motions of the Legislature, that date has now been extended to July 15, 2020. The duration of the most orders listed below has also been extended, currently to July 22, 2020.

Set out below is a list of the EMCPA orders issued to date (updated on July 14, 2020):

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

Closure of Establishments (Revoked on June 12). All facilities providing indoor recreational programs, all public libraries (except for curbside pick-up and delivery of library materials – see O.Reg. 221/20), all private schools as defined in the Education Act, all child care centres within the meaning of the Child Care and Early Years Act, 2014 (subject to exceptions for those who provide child care for frontline workers, as set out in Schedule A), all bars and restaurants, except to the extent that such facilities provide takeout food and delivery, all theatres including those offering live performances of music, dance, and other art forms, as well as cinemas that show movies (drive in cinemas permitted as of May 29), and concert venues. O. Reg. 51/20; amended by O. Reg. 78/20, O. Reg. 100/20, O. Reg. 155/20, O. Reg. 183/20, O. Reg. 219/20, O. Reg. 221/20, O. Reg. 246/20. REVOKED ON June 12, 2020 O. Reg. 264/20.

Limitation on Size of Organized Public Events, Certain Gatherings. Effective June 12: social gathering or organized event of up to 10 people permitted; wedding, funeral or religious service, rite or ceremony limited to 10 people if held in private dwelling but permitted with more attendees if held in other indoor or outdoor locations, subject to conditions; exceptions for Stage 1/Stage 2 businesses. O. Reg. 52/20; amended by O. Reg. 99/20; O. Reg. 222/20; O.Reg. 239/20, O. Reg. 276/20.

Limitation Periods. O. Reg. 73/20; amended by O. Reg. 137/20, O. Reg. 194/20, O. Reg. 258/20, O. Reg. 259/20. Amendment by O. Reg. 259/20 extends duration of order to September 11, 2020.

Staffing Options for Health Service Providers. O. Reg. 74/20; amended by O. Reg. 174/20.

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; amended by O. Reg. 147/20.

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

Electricity Price for RPP Consumers. O. Reg. 80/20,amended by O. Reg. 243/20.

Stage 1 Closures (Previously Closure of Places of Non-Essential Business. Effective July 6, 2020, this Order does not apply to any area in Ontario. O. Reg. 82/20; amended by O. Reg. 119/20, O. Reg. 136/20, O. Reg. 153/20, O. Reg. 196/20, O. Reg. 200/20, O. Reg. 203/20, O. Reg. 223/20, O. Reg 238/20, O. Reg. 255/20, O. Reg. 262/20, O. Reg. 280/20 , O. Reg. 300/20, O.Reg. 303/20, O. Reg. 350/20.

Traffic Management. 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. Certain outdoor facilities permitted to be open as of May 19, 2020 subject to restrictions (see O. Reg. 224/20). O. Reg. 104/20; amended by O. Reg. 175/20, O. Reg. 224/20, O. Reg. 265/20.

Corporations, Co-Operative Corporations and Condominium Corporations (formerly Meetings for Corporations). O. Reg. 107/20; amended by O. Reg. 178/20.

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. 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. O. Reg. 128/20.

Signature in Wills and Powers of Attorney. O. Reg. 129/20; amended by O. Reg. 164/20.

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

Child Care Fees (Revoked on June 12). Cannot charge for child care unless providing same. O. Reg. 139/20; amended by O. Reg. 206/20. Revoked on June 12, 2020 O. Reg. 264/20.

Agreement Between Health Service Providers and Retirement Homes. O. Reg. 140/20.

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

Closure of Public Lands for Recreational Camping. O. Reg. 142/20 – revoked on June 1, 2020 by O. Reg. 247/20.

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 in Long-Term Care Homes. O.Reg. 147/20.

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. O. Reg. 191/20; terminated on May 31, 2020 O. Reg. 245/20.

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 Outbreak. O. Reg. 210/20.

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

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

Stage 2 Closures. Effective July 6, 2020, this Order applies to all areas in Ontario. O. Reg. 263/20; amended by O. Reg. 279/80, O. Reg. 299/20, O. Reg. 302/20; O. Reg. 324/20, O. Reg. 344/30, O. Reg. 351/20.

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. ©