Section 1: Orders intended to limit the spread of COVID-19

O. Reg. 363/20 (Steps of Reopening)

Description:

• This order outlined which public health unit regions were in each stage, zone or step^{footnote 1[1]} of Ontario’s plans to reopen or respond to different waves of the COVID-19 pandemic. Businesses, organizations and individuals must follow public health and workplace safety measures and restrictions that apply in the particular region as outlined in the respective regulations O. Reg. 82/20, O. Reg. 263/20 or O. Reg. 364/20.
• This order came into effect on July 13, 2020 under the Emergency Management and Civil Protection Act (EMCPA) and continued under Reopening Ontario (A Flexible Response to COVID-19covid 19) Act, 2020 (ROA) from July 24, 2020.

Why the emergency order was needed:

• A staged or stepped approach to reopening the province or responding to the COVID-19covid 19 pandemic waves was necessary to accommodate the different trends in key public health indicators across different regions of the province.
• The order was used to inform regional public health units, businesses, organizations and individuals what stage, zone or step of Ontario’s plan they were in. This was determined by the public health and health system indicators which informed the level of risk of COVID-19covid 19 in a region.
• The order was necessary to support O. Reg. 82/20; O. Reg. 263/20 and O. Reg. 364/20. Regions identified in O. Reg. 363/20 must follow guidelines, measures and restrictions outlined in the applicable order.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach for implementing public health and workplace measures regionally or provincially. As is the practice under existing governing frameworks, such as the Health Protection and Promotion Act, the discretion would be left to the Minister of Health, the Chief Medical Officer of Health and local medical officers of health to exercise their statutory powers under that Act.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• Amendments were made to move public health unit regions from different stages, zones or steps based on the level of risk of COVID-19 transmission in the region or province at the time.
• Other amendments were made to the terminology of the different sets of public health measures that would apply to the respective public health unit regions (e.g. zones, steps). The title of the regulation was also amended to reflect the province’s reopening or response plan at the time.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

O. Reg. 82/20 (Rules for Areas in Shutdown Zone and at Step 1)

Description:

• This order outlined which businesses or organizations were required to close their places of work and which could remain open with restrictions.
• This order came into effect on March 24, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

• Ontario demonstrated a sharp increase in COVID-19 cases starting in March 2020.
• Based on public health advice, it was necessary to require many businesses and organizations to close and only allow certain businesses and organizations to remain open to prevent a significant increase in the spread of COVID-19covid 19 and related illness and deaths. It was intended that with these business and organizational closures unnecessary interaction between people would be prevented, which was critically important given the contagious nature of COVID-19covid 19.
• A prevailing concern was that not requiring the closure of certain businesses and organizations would enable a degree of virus transmission that could push the public health system beyond its capacity.
• O. Reg. 82/20 under the ROA was also amended to respond to subsequent waves of COVID-19 in Ontario. This included the application of specific public health and workplace safety measures in certain public health regions to address the severity of a region-specific COVID-19covid 19 situation or implement provincewide measures. This included the provincewide shutdown at the peaks of the second and third waves of COVID-19covid 19, respectively.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach for implementing public health and workplace safety measures. As is the practice under existing governing frameworks such as the Health Protection and Promotion Act, the discretion would be left to the Minister of Health, the Chief Medical Officer of Health and local medical officers of health to exercise their powers under that Act.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order has been amended in response to the level of risk associated with COVID-19covid 19 in the province and to reflect the province’s reopening or response plan at the time.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

O. Reg. 263/20 (Rules for Areas in Step 2)

Description:

• This order outlined which businesses and organizations would be permitted to resume or continue operations while adhering to sector-specific public health and workplace safety measures outlined in the regulation.
• This order came into effect on June 11, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

• Once regions experienced a downward trend in the number of daily new cases and lower risk of transmission, they were able to enter what was then called Stage 2 (now called Step 2) of recovery in June 2020.
• As O. Reg. 82/20 required many businesses and organizations to close, this order was intended to allow some businesses and organizations to open with restrictions. This was necessary to facilitate the return of economic activity, including consumer spending, job resumption and allow for social interaction, while also following public health advice and measures.
• O. Reg. 263/20 was also used to respond to subsequent waves of COVID-19 in Ontario, where certain public health and workplace safety measures were needed to address either region-specific COVID-19covid 19 situations or needed to apply provincewide.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach for implementing public health and workplace safety measures. As is the practice under existing governing frameworks such as the Health Protection and Promotion Act, the discretion would be left to the Minister of Health, the Chief Medical Officer of Health and local medical officers of health to exercise their powers under that Act.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order has been amended in response to the level of risk related to COVID-19covid 19 in the province and to reflect the province’s reopening or response plan at the time.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

O. Reg. 364/20 (Rules for Areas at Step 3 and at the Roadmap Exit Step)

Description:

• This emergency order outlined which businesses and organizations would be permitted to resume or continue operations while adhering to sector-specific public health and workplace safety measures outlined in the regulation.

• This order came into effect on July 13, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

• Once regions experienced a downward trend in the number of daily new cases and lower risk of transmission, they were able to enter what was then called Stage 3 (now called Step 3) of recovery in July-August 2020.
• Following Stage 2 and the improvement of public health indicators, Stage 3 was intended to allow most businesses to open to the public or their workplaces with fewer restrictions while also following public health advice. This was to provide a reasonable approach to further expand most economic activity and social interaction while maintaining capacity in the public health system and reduce the spread of COVID-19.covid 19
• O. Reg. 364/20 was also used to respond to subsequent waves of COVID-19covid 19 in Ontario where certain public health and workplace safety measures were needed to address region-specific situations, and provincewide, to reflect the government’s reopening plans after the third wave of the pandemic.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach for implementing public health and workplace safety measures. As is the practice under existing governing frameworks, such as the Health Protection and Promotion Act, the discretion would be left to the Minister of Health, the Chief Medical Officer of Health and local medical officers of health to exercise their statutory powers under that act.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order has been amended in response to the level of risk related to COVID-19covid 19 in the province and to reflect the province’s reopening or response plan at the time.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

O. Reg. 114/20 (Enforcement of Orders)

Description:

• This order grants authority to a police officer or any other provincial offences officer to request an individual, who the officer has reasonable grounds to believe has committed an offence under section 10(1) of the ROA, to identify themselves by providing their correct name, date of birth and address, and requires individuals to comply with the request.
• Provincial offences officers include police officers, First Nation constables and special constables as well as other persons designated as provincial offences officers pursuant to the Provincial Offences Act. This includes municipal law enforcement officers, by-law enforcement officers and provincial workplace safety inspectors.
• This order came into effect on March 31, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

• Effective enforcement tools are essential to have compliance with the orders, which are designed to limit the impacts of the current public health emergency. The common law provides that a person is not required to answer or respond to questions from a provincial offences officer, including a police officer, unless compelled to do so by legislation (e.g. as with drivers under the Highway Traffic Act who must produce identification upon demand).
• The correct name, date of birth and address are essential information to lay a charge. Without this order, there would be no duty on individuals to provide their name or any other information if they were being charged with an offence under the ROA.
• Provincial offences officers must have reasonable and probable grounds to believe that an individual committed an offence under the ROA before compelling the individual to provide this identifying information.
• The order was a reasonable measure relative to others because it was not broader than necessary, addressed an operational need and could be implemented more quickly than the alternative of amending the EMCPA at the time it was made, or another statute to create a similar duty.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order was amended on September 17, 2020 to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

O. Reg. 210/20 (Management of Long-term Care Homes in Outbreak)

Description: 

• This order provides authority to the Director under the Long-Term Care Homes Act, 2007 to issue a mandatory management order to require a long-term care home to retain an identified manager to oversee operations of a long-term care home where a COVID-19covid 19 outbreak was declared.
• This order came into effect on May 12, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

• There were serious concerns related to the capacity and ability of some long-term care homes to properly manage a COVID-19covid 19 outbreak to effectively protect resident and staff health, safety and well-being.
• Alternative management of these long-term care homes has been shown to reduce or alleviate the harm posed by COVID-19covid 19 to residents and staff.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing mechanisms that permit the issuing of a mandatory management order did not specifically contemplate or support the rapid deployment of alternative long-term care home management in the context of a COVID-19covid 19 outbreak. The use of an order ensured a rapid, provincewide response to COVID-19covid 19 outbreaks in long-term care homes.
• O. Reg. 210/10 allows for expedited processing of management contracts by the Ministry of Long-Term Care to enable hospitals or other entities to commence management of the home.
• It also provides the Director under the Long-Term Care Homes Act expanded authority to place interim management in a long-term care home to effectively protect residents from COVID-19covid 19. Maintaining the management order allows the Director to swiftly take appropriate actions to reduce or alleviate harm to residents and staff in homes that are in outbreak.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• No amendments were made to the order.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

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

Description:

• This order provided authority to the Registrar of the Retirement Homes Regulatory Authority (RHRA) to select and appoint a manager to oversee operations of a retirement home where there is a risk of harm to residents related to COVID-19covid 19, if at least one resident or staff member in the home has tested positive for COVID-19covid 19.
• This order came into effect on May 29, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

• Although many retirement homes were adequately managing outbreaks, concerns and questions were raised regarding the actions of some retirement homes to prevent or contain an outbreak.

• This order provides the RHRA Registrar with the authority to appoint an appropriate manager to oversee the operations of a retirement home that is unable or unwilling to follow the required measures to prevent and contain the spread of COVID-19covid 19. The order was a reasonable measure that allowed the RHRA Registrar to act quickly when it was necessary to support the containment of an outbreak and keep residents and staff safe. The existing provisions in the Retirement Homes Act, 2010 did not allow for an order in these circumstances. It would not have been timely or feasible to make statutory changes at that time to accommodate the time-sensitive emergency presented by COVID-19covid 19.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• No amendments were made to the order.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

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

Description:

• This order exempts temporary emergency shelters and medical facilities that are set up for the care, welfare, safety and shelter of individuals impacted by COVID-19covid 19, from having to obtain a building permit or a change of use permit under the Building Code Act. It also exempts these temporary facilities from complying with the technical requirements of the Building Code and from related requirements in the Planning Act.
• This order came into effect on April 9, 2020 under the EMCPA and continued under the ROA from July 24, 2020.

Why the emergency order was needed:

• The order was needed to enable municipalities and hospitals to quickly provide temporary additional residential shelters and healthcare facilities in response to COVID-19covid 19 outbreaks, while still ensuring these facilities were safe for use.
• Without the order, some buildings would not have been able to meet Building Code requirements and land may not have been zoned for the new temporary uses. This order was needed to exempt these temporary buildings or uses from by-laws and approvals which may have delayed or prevented the construction and/or use of these facilities.
• The order also allowed buildings to be temporarily repurposed to accommodate overflow shelter facilities so that residents could adhere to physical distancing guidelines (e.g. in hotels).
• To help ensure the safety of newly constructed temporary facilities, the order required that the proponent have the facility designed and its construction overseen by a qualified professional (e.g. professional engineer or architect). The order also required that both new and converted temporary facilities be routinely inspected.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing government framework is limited in its authority to retroactively address buildings that have been constructed or converted since March 17, 2020 to ensure the health and safety of such buildings are considered and that the buildings are not subject to enforcement action for not having permits.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• No amendments were made to the order.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

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

Description:

• This order provides public health units (PHUs) with the authority and flexibility to make human resources decisions as necessary to respond to, prevent and alleviate the outbreak of COVID-19covid 19.
• This order came into effect on April 1, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

• The order was needed to provide PHUs with temporary measures to allow the necessary flexibility to address staffing shortages and urgently respond to COVID-19covid 19.
• PHUs needed to be adequately resourced to manage and prevent the spread of COVID-19covid 19, including, but not limited to, expanding capacity to increase case and contact tracing and provide vaccinations to limit the spread of COVID-19covid 19 in communities across the province.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach to permit PHUs to make human resource decisions in response to the COVID-19covid 19 pandemic. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to amend or address each individual collective agreement across each PHU to reflect the temporary measures needed to respond to the pandemic.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• No amendments were made to the order.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

O. Reg. 163/20 (Work Deployment Measures for Mental Health and Addictions Agencies)

Description:

• This order provided mental health and addictions agencies with the authority and flexibility to make human resources decisions as necessary to respond to, prevent and alleviate the outbreak of COVID-19covid 19.
• This order came into effect on April 22, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

• The mental health and addictions sector is covered by collective bargaining agreements that restrict the ability of service providers to appropriately redeploy staff.
• The order was needed to provide community mental health and addictions agencies with temporary measures to allow flexibility in staffing and deployment to address outbreaks, staff shortages and shifting modes of service delivery to urgently respond to COVID-19covid 19. Demand for mental health and addictions services increased significantly during COVID-19covid 19, with communities declaring emergencies related to mental health and addictions.
• The order provided support for a highly vulnerable population who were at risk of frequent emergency department visits and/or hospitalization if services in the community were not available. The provision of services to those with the most complex, severe and acute needs often requires the safe continuation of in-person services including live-in services or services provided in congregate settings. These services have been more difficult to maintain due to the physical distancing and other public health measures to address COVID-19covid 19.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to amend or address each individual collective agreement in the sector to reflect the temporary measures needed to respond to the pandemic.
• As there is no governing legislation for the community mental health and addictions sector, alternate legislative/regulatory approaches were not possible.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• No amendments were made to the order.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

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

Description:

• This order provided Local Health Integration Networks (LHIN), now operating under the business name Home and Community Care Support Services (HCCSS), with the authority and flexibility to make arrangements with contracted home care service providers to support the voluntary deployment of available staff to high-priority care settings, such as long-term care homes, during COVID-19covid 19.
• This order came into effect on April 16, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

• The order was needed to address staffing shortages in the long-term care home sector and ensure staff were deployed to critical areas of need. It provided HCCSS with the necessary flexibility to urgently respond to demand for supports from congregate settings facing capacity pressures due to COVID-19covid 19.
• The order allowed voluntary deployment of existing home care staff at service provider organizations to provide services such as nursing, personal support services and therapies to patients in other congregate care settings. It also permitted the funding of these deployments through the HCCSS home and community care budget; thereby eliminating the need for time-consuming workarounds to flow the funding in the face of urgent need.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to amend or address each individual collective agreement in the broader health care sector to reflect the temporary measures needed to respond to the pandemic.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• No amendments were made to the order.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

O. Reg. 74/20 (Work Redeployment for Certain Health Services Providers)

Description:

• This order authorized hospitals to take reasonably necessary measures with respect to staffing to respond to, prevent and alleviate the outbreak of COVID-19 for patients.

• This order came into effect on March 21, 2020 under the EMCPA and continued under ROA from July 24, 2020.
• On April 24, 2020 under the EMCPA, this order was amended to permit public hospitals and other health service providers to provide support and services in a long-term care home, including nursing and personal support services, infection prevention and control, and authorized such employers to redeploy staff to work in a long-term care home.

Why the order was needed:

• The order was needed to address staffing shortages in health and other congregate care settings and ensure staff were deployed to critical areas of need. It provided temporary measures to hospitals to allow the necessary flexibility to urgently respond to COVID-19covid 19.
• The broader health care sector is covered by collective bargaining agreements which include processes that generally restrict the ability of public hospitals and other health service providers to quickly deploy staff to help address the demand created by the COVID-19covid 19 emergency.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to amend or address each individual collective agreement in the broader health care sector to reflect the temporary measures needed to respond to the pandemic.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order was amended effective January 18, 2021 to authorize hospitals to redeploy staff to retirement homes and other hospitals. O. Reg. 74/20 previously authorized hospitals to redeploy staff only to other sites within the same hospital or to long-term care homes.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

O. Reg. 193/20 (Hospital Credentialing Processes)

Description:

• This order provided hospitals with the authority and flexibility to more quickly appoint, reappoint and grant privileges to physicians and other professional staff where necessary to respond to, prevent and alleviate the outbreak of COVID-19.
• This order came into effect on May 1, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the order was needed:

• The order was needed to address staffing shortages in health and other congregate care settings and ensure staff were deployed to critical areas of need. It was needed to enable hospitals to simplify and expedite their professional staff appointment and credentialing processes to effectively meet patient care demands.

• It was intended to support effective and flexible human resources management in Ontario hospitals, facilitate hospitals’ efforts to provide critical outbreak management and prevention supports to long-term care homes and to meet direct patient care needs.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. It would not have been timely or feasible to make statutory and regulatory amendments under the Public Hospitals Act to ensure that all hospitals have mechanisms in place for managing professional staff resource demands on an urgent basis.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• No amendments were made to the order.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

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

Description:

• This order provided retirement homes with the flexibility to redeploy staff to better address the staffing impact of the pandemic on retirement homes, as well as implement additional protocols and precautions in response to COVID-19covid 19.
• This order came into effect on April 2, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

• The order was needed to address staffing shortages in retirement homes and ensure staff were deployed to critical areas of need to maintain the health and safety of the residents who were particularly vulnerable to COVID-19covid 19. It provided retirement homes with temporary measures to allow the necessary flexibility to urgently respond to COVID-19covid 19.
• The order enabled retirement home licensees to implement additional public health protocols and precautions to deal with the impact of outbreaks and prevent further outbreaks from occurring.
• The order was a reasonable measure to address emergency staffing needs by providing homes with the flexibility to recruit and reassign staff and focus more resources on protocols and procedures to keep residents safe.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to amend or address each individual collective agreement in the broader health care sector to reflect the temporary measures needed to respond to the pandemic.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• No amendments were made to the order.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

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

Description:

• This order provided long-term care homes with greater flexibility to identify staffing priorities and develop, modify and implement redeployment plans to alleviate the effects of COVID-19covid 19 and deal with staff shortages and increased care required to address an outbreak.
• The work deployment measures authorized by O. Reg. 77/20 aim to support the homes’ efforts to address staffing challenges.
• This order came into effect on March 23, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

• The order addresses staffing shortages in long-term care homes and ensures staff are deployed to critical areas of need to maintain the health and safety of the residents who are particularly vulnerable to COVID-19covid 19. It provides long-term care homes with temporary measures to allow the necessary flexibility to urgently respond to COVID-19covid 19.
• It offers greater flexibility to identify staffing priorities and develop, modify and implement redeployment plans and deal with staff shortages, and increased care required to address an outbreak.
• The emergency order provides long-term care operators with the authority to develop and implement staff redeployment plans, where the long-term care home is of the view that redeployment of staff is reasonably necessary to respond to and provide care for residents due to COVID-19covid 19.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. There was urgency to address potentially significant staffing shortages and potential impacts to the level of care provided to residents, particularly when a home experienced an outbreak. Given the uncertainty of the impact from the variants of concern, it was critical to remain vigilant and maintain these provisions to help long-term care homes secure the necessary staffing levels to provide appropriate care to residents.
• The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to amend or address each individual collective agreement across the long-term care sector to reflect the temporary measures needed to respond to the pandemic.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• No amendments were made to the order.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

O. Reg. 121/20 (Service Agencies Providing Services and Supports to Adults with Developmental Disabilities and Service Providers Providing Intervenor Services)

Description:

• This order provided temporary measures to allow developmental service agencies and intervenor service providers to deploy workers and enable staffing flexibility.
• For developmental services agencies, the order also streamlines quality assurance measures for agencies to focus on dealing with COVID-19 while still continuing to meet the needs of adults with developmental disabilities.
• This order came into effect on April 3, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

• COVID-19 created staffing challenges for developmental services agencies and intervenor service providers.
• The order was needed to alleviate staffing pressures, address staffing shortages and ensure staff were deployed to critical areas of need. It provided agencies with the necessary flexibility to prevent, reduce and mitigate serious harm to vulnerable individuals receiving services and supports. In particular, residential settings had to remain operational and individuals had to continue to receive critical care and supports.
• The order authorized service agencies and intervenor service providers to redirect staff to meet the immediate support needs of adults with a developmental disability and those who are deafblind in their care when staffing was limited or stretched while retaining key health and safety measures.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible for the government to amend or address each individual collective agreement across the developmental services sector, or intervenor services sectors, to reflect the temporary work deployment and staffing measures needed to respond to the pandemic.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• No amendments were made to the order.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

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

Description:

• This order provided temporary measures to allow flexibility for service agencies in the violence against women (VAW) sector, residential or emergency residential services, anti-human trafficking community supports program and crisis line services with respect to work deployment and staffing. This allowed them to meet the needs of vulnerable people, including women and their dependents during the COVID-19 pandemic.
• This order came into effect on April 14, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

• As a result of COVID-19covid 19, VAW and anti-human trafficking residential agencies experienced several challenges, including increased demand for services and supports and the need to maintain the health and safety of residents and staff in communal situations.
• The order was needed to address staffing shortages and ensure staff were deployed to critical areas of need. It provided the necessary flexibility to respond to increases in staff absenteeism, shortages, and demand for unconventional staffing models (e.g. in hotels or other off-site locations) and monitor and assess the risk of asymptomatic transmission by staff.
• This order was also required to help mitigate risks related to access or capacity in the VAW shelters/anti-human trafficking residential sites, which could put people and their dependents at heightened risk of abuse and injury.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to amend or address each individual collective agreement across the VAW, anti-human trafficking and crisis line services sectors to reflect the temporary measures needed to respond to the pandemic.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• No amendments were made to the order.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

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

Description:

• This emergency order provides flexibility to municipalities to redeploy staff, allowing them to ensure frontline services continue to be delivered to meet the needs of their jurisdictions during the COVID-19covid 19 pandemic, including local public health, long-term care and shelter services needs.
• This order came into effect on April 16, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

• The order was needed to address staffing shortages at the municipal level and ensure staff can be redeployed to critical areas of need such as public health, long-term care homes and shelter services. It provides the flexibility necessary to respond to COVID-19.
• The order enables municipalities to redeploy existing staff with the appropriate training, change the assignment of work and employ volunteers and additional part-time/temporary staff or contractors.

• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. It would not have been timely or feasible to amend or address each individual collective agreement across the municipal sector to reflect the temporary work deployment and staffing measures needed to respond to the pandemic.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order was amended on February 18, 2021 to remove reference to an emergency order that was no longer in effect

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

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

Description:

• This emergency order provided temporary measures to allow flexibility to District Social Services Administration Boards (DSSABs) with respect to work deployment and staffing, allowing them to ensure the delivery of important frontline services during the COVID-19covid 19 pandemic.
• This order came into effect on April 16, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

• The order was needed to address staffing shortages and ensure staff were deployed to critical areas of need such as shelters for people experiencing homelessness. It provided necessary flexibility to urgently respond to COVID-19covid 19.
• The order was needed to enable DSSABs to quickly redeploy existing staff with the appropriate training, change the assignment of work and to employ volunteers and additional part-time/temporary staff or contractors.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to amend or address each individual collective agreement across DSSABs to reflect the temporary measures needed to respond to the pandemic.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• No amendments were made to the order.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

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

Description:

• This order applied to congregate care settings in the developmental services, violence against women, anti-human trafficking and intervenor services sectors. This emergency order introduced temporary measures to address the risk of transmission of COVID-19covid 19 and protect vulnerable populations residing in the applicable congregate care settings by requiring employees to work for one employer in the same sector and, in the event of an outbreak, restrict staff to working only in one location. Also, the order included a requirement to follow all existing guidance, advice or recommendations issued by the Ministry of Health or the Chief Medical Officer of Health respecting COVID-19covid 19.
• This order came into effect on April 24, 2020 under the EMCPA and continued under ROA from July 24, 2020

Why the emergency order was needed:

• The order was needed to prevent the introduction of COVID-19covid 19 in congregate residential settings in developmental services, violence against women shelters and anti-human trafficking residential sites and intervenor services sectors and, to quickly respond should an outbreak occur.
• There are limitations to physical distancing in a congregate care setting due to the layout of some residences, direct staff to resident contact and, in the case of violence against women shelters, the large number of children in residence.
• Given that the movement of staff between multiple employment locations can result in a significant risk of transmission of COVID-19covid 19, and the mobile nature of the workforce in these congregate residential settings, the order was needed to prevent widespread outbreak.
• Without the order, limiting the movement of staff would be beyond the authority of existing governing frameworks. It would not have been timely or feasible for the government to amend or address each individual collective agreement, where they exist, in the congregate care sector to reflect the temporary measures needed to respond to the pandemic.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• No amendments were made to the order.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

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

Description:

• This order temporarily limited long-term care employees from working in other long-term care homes, retirement homes and other health care settings (unless otherwise directed by a medical officer of health).
• This order came into effect on April 14, 2020 under the EMCPA, with the requirements limiting where long-term care employees can work coming into effect on April 22, 2020 and was continued under ROA from July 24, 2020.

Why the emergency order was needed:

• The order was needed to reduce the movement of employees between specified facilities to ensure that an employee of one long-term care home did not inadvertently transmit COVID-19 to individuals in other long-term care homes, health care settings or retirement homes where the employee also worked. It limited employees moving across multiple settings and continues to be an important component of infection prevention and control practices in long-term care homes.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. There was no other statutory provision that provided authority for this type of action. Other statutory amendments would have taken significant time, which was not feasible given the urgency associated with COVID-19covid 19 outbreaks in long-term care homes. Nor would it have been timely or feasible to amend or address each individual collective agreement in the long-term care sector to reflect the temporary measures needed to respond to the pandemic.
• This order works in tandem with a similar order for retirement homes (O. Reg. 158/20 Limiting Work to a Single Retirement Home).

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021): 

• The order was amended on April 23, 2021 to permit employees who are fully immunized^{footnote 2[2]} against COVID-19covid 19 to work in multiple long-term care homes, other health care settings or retirement homes, unless otherwise directed by a medical officer of health.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension

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

Description:

• This emergency order limited retirement home employees to work in a single retirement home, therefore prohibiting them from working in more than one retirement home, long-term care home or other health care setting.

• This order came into effect on April 16, 2020 under the EMCPA, with the requirements limiting where retirement home employees can work coming into effect on April 22, 2020, and this order was continued under ROA from July 24, 2020.

Why the emergency order was needed:

• The order was needed to reduce the movement of employees between specified facilities to ensure that an employee of one retirement home did not inadvertently transmit COVID-19covid 19 to individuals in other retirement homes or healthcare settings where that employee may have also worked.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. Limiting the movement of staff between homes is beyond the scope of the Chief Medical Officer of Health’s authority under the Health Protection and Promotion Act. Any statutory amendments would have taken significant time, which was not feasible given the urgency associated with COVID-19covid 19 outbreaks in retirement homes. It would not have been timely or feasible to amend or address each individual collective agreement to reflect the temporary measures needed to respond to the pandemic.
• This order works in tandem with a similar order for long-term care homes (O. Reg. 146/20: Limiting Work to a Single Long-Term Care Home under the ROA).

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order was amended on April 23, 2021 to exempt fully immunized^{footnote 3[3]} retirement home employees from restrictions that prohibit them from working in more than one retirement home, long-term care home or other heath-care setting.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• The order remained in effect as of July 24, 2021 as the circumstances required its extension.

O. Reg. 205/20 (Education Sector)

Description: 

• This emergency order enabled available school board employees to be voluntarily redeployed to congregate care settings during the COVID-19covid 19 pandemic, including hospitals, long-term care homes, retirement homes and women's shelters.
• Under the emergency order, school boards were authorized to develop and implement voluntary staff redeployment plans. Redeployed staff would maintain their employment relationship with the school board.
• This order came into effect on May 8, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

• The order was needed to address staffing shortages in congregate care settings and ensure available staff from different sectors were able to be voluntarily redeployed to critical areas of need. It provided the necessary flexibility to urgently respond to COVID-19covid 19.
• As schools were closed starting in March 2020 and throughout the remainder of the school year and summer, the order enabled education sector workers (e.g. custodial/maintenance, children and youth workers, social workers and educational assistants) who were available and willing to volunteer to be redeployed to support staffing shortages within congregate care homes through the voluntary redeployment initiative of school board employees.
• The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to make statutory and regulatory amendments under the Education Act or School Boards Collective Bargaining Act, 2014 to allow the redeployment of staff.

Amendments to the Order under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• No amendments were made to the order.

Revocation/continuation under ROA during the Reporting Period (July 24, 2020 – July 24, 2021):

• After schools reopened, further extension of the order was not needed as the safety restrictions limiting employees in congregate care settings to one workplace was addressed through O. Reg. 146/20 and O. Reg. 156/20. School boards were also facing staffing pressures to address school safety protocols as schools reopened.
• This order was revoked on August 31, 2020.