O. Reg. 76/20 (Electronic Service)

Description:

  • The emergency order allowed service of legal documents on the Crown and related entities to be effected electronically.
  • This order came into effect on March 23, 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:

  • Service is when a copy of legal documents in a case is given to the other party. Documents must be served on the other party because that person has a right to know about a case that has been started against them.
  • A number of Ontario statutes, regulations and rules require or permit documents to be served personally on the Crown and related entities. Accordingly, staff had to report physically to work to accept personal service of documents. Individuals would also need to travel in person to properly serve documents on the Crown or related entities.
  • The order allowed service to be delivered electronically instead of through personal attendance.
  • The order was needed to provide continued access to justice during the declared provincial emergency by allowing litigation involving the Crown, Ministers of the Crown including the Attorney General, Office of the Public Guardian and Trustee, Office of the Children's Lawyer or the Director of the Family Responsibility Office to be commenced or continued effectively, while maximizing the ability of staff to work remotely and practice physical distancing and minimize the need for members of the public to travel in order to effect personal service.
  • 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 allow for this ability. It would not have been timely or feasible to make individual amendments temporarily overriding each of the numerous statutes, regulations and rules governing service.

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. 129/20 (Signatures in Wills and Powers of Attorney)

Description:

  • This emergency order allowed some legal requirements around the execution of wills and Powers of Attorney (POAs) to be completed virtually.
  • This order came into effect on April 7, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

  • The Succession Law Reform Act (SLRA) and the Substitute Decisions Act, 1992 (SDA) require wills and POAs to be executed or signed in the presence of two witnesses.
  • The order was needed to permit the use of audio-visual technology to meet the witnessing requirements of the SLRA and the SDA. The order maintained the legal integrity of virtually witnessed documents by requiring that at least one virtual witness be licensed by the Law Society of Ontario.
  • The order enabled anyone seeking to urgently address their estate planning and substitute decision-making arrangements without being in the physical presence of two witnesses in accordance with public health guidance.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. Under the SLRA, courts have declined to validate wills that were not executed in the physical presence of two witnesses. Although court validation may have been possible for POAs, applying to a court under the SDA for declarations of validity was not a timely or reasonable solution during the declared provincial emergency. Moreover, the SLRA and SDA are statutes and can only be amended by another statute. They cannot be amended by regulation or other type of legal instrument. A bill in the legislature would not have been timely enough as it did not 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):

  • Amendments in Bill 245, Accelerating Access to Justice Act, 2021 included statutory provisions to make permanent the virtual witnessing process that was initially authorized through this emergency order.
  • This order was revoked the order on May 20, 2021.

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

Description:

  • This emergency order allowed registered nurses and nurse practitioners who are active members of the College of Nurses of Ontario, appointed as of May 1, 2020 under s.16.1(1) of the Coroners Act, to exercise the investigative powers and duties of a coroner to complete and sign a Medical Certificate of Death (MCOD). The emergency order also clarified that these individuals were authorized to copy or duplicate MCODs, enabling electronic copies to be sent to funeral directors.
  • This order came into effect on May 1, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

  • Provincial coroners were having difficulty managing the significant caseloads resulting from the continued increase of deaths as a result of COVID-19covid 19.
  • The order was needed to increase the number of persons available to ensure timely completion of MCODs by extending the authority to registered nurses and nurse practitioners appointed as coroner investigators. This was also intended to increase the capacity for frontline clinicians to focus on patient care and for coroners to focus on cases that require an investigation by a coroner. Timely completion of MCODs was necessary to allow the final disposition of the deceased to proceed, as well as collection of data to understand the extent of COVID-19covid 19 in the community and pandemic mortality.
  • The order was a reasonable measure relative to others because it provided the timeliest response. It would not have been feasible at the time to make regulatory changes to the Vital Statistics Act to enable registered nurses and nurse practitioners appointed as coroner investigators to complete, sign and copy MCODs.

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. 190/20 (Access to Personal Health Information by Means of the Electronic Health Record)

Description:

  • This emergency order provided coroners, coroner investigators and medical officers of health with direct access to personal health information under the Electronic Health Record.
  • This order came into effect on May 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 the following with access to the Electronic Health Record:
    • Coroners and registered nurses appointed as coroner investigators in order to determine whether to conduct a death investigation.
    • The Chief Medical Officer of Health and local medical officers of health in public health units in order to provide immediate access to the most up-to-date data to support COVID-19covid 19 response and protect the health of Ontarians.
  • The order was necessary to prevent serious harm to persons. Without up-to-date data, the public health response could be impacted, which could result in greater burdens on the health system and ultimately an increased number of deaths. Additionally, the order enabled coroners and registered nurses appointed as coroner investigators to complete their necessary investigations more quickly and efficiently.
  • 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 enable access to personal health information of a deceased individual without access to the Electronic Health Record.

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):

  • This order was revoked October 22, 2020 as it was no longer needed due to the proclamation of Part V.1 – Electronic Health Record of the Personal Health Information Protection Act, 2004.

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

Description:

  • This emergency order suspended certain provisions under the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (PSPSFGA) and replaced them with other provisions to clear barriers for employers to provide eligible frontline workers with time-limited payments in response to the COVID-19covid 19 pandemic (e.g. temporary pandemic pay).
  • This order came into effect on May 1, 2020, retroactive to April 24, 2020 under the EMCPA and continued under ROA from July 24, 2020. 

Why the emergency order was needed:

  • The emergency order was needed to address COVID-19covid 19-related staffing shortages, support implementation of temporary pandemic pay and minimize the risk that temporary pandemic pay and other temporary COVID-19covid 19-related payments made during a moderation period could be perceived as non-compliant with the PSPSFGA at a later date.

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. 132/20 (Use of Force and Firearms in Policing Services)

Description:

  • This emergency order allows for chiefs of police to authorize certain members of a police service to perform duties involving the use of force, and to carry a firearm if the member had successfully completed the prescribed training within the previous 24 months from the date of the authorization. The authorization could last as long as the order is in effect.
  • This order came into effect on April 8, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

  • Police services and the Ontario Police College delayed training to stop the spread of COVID-19covid 19 to comply with public health guidance at police training facilities.
  • The order was needed to ensure the continued delivery of public safety services by enabling police services to deploy enough personnel to frontline duties despite pandemic-related constraints and training capacity issues.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The Equipment and Use of Force Regulation under the Police Services Act does not allow officers to defer annual prescribed use of force and firearm training, resulting in many officers being unable to fulfil frontline duties. However, it would not have been timely or feasible to make regulatory changes without understanding the potential length of the emergency period and the resulting potential transition period required to address the expected training backlog.
  • Allowing members to use force and carry firearms (if they received training in the previous 24 months) also allowed chiefs to authorize officers who retired from a police service within the previous 12 months to use force and carry firearms if they were re-hired to support police service delivery during the COVID-19covid 19 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. 95/20 (Streamlining Requirements for Long-Term Care Homes)

Description:

  • This emergency order provides increased flexibility and reduced administrative requirements for licensees of long-term care homes in a range of areas (e.g. staffing), allowing them to respond nimbly and effectively to meet the care and safety requirements of residents during the COVID-19covid 19 pandemic.
  • This order came into effect on March 27, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

  • In March 2020, there was a growing concern from stakeholders and the Ministry of Long-Term Care that frontline workers in long-term care homes would become ill with COVID-19covid 19 and be unable to work, creating staffing shortages and leading to further spread of COVID-19covid 19 amongst residents.
  • There was also growing concern from stakeholders and the ministry that outbreaks of COVID-19covid 19 in long-term care homes would have a severe impact on the level of care required by residents, which could not be met when faced with potential staffing shortages.
  • The streamlined requirements in O. Reg. 95/20, including streamlined staff qualification requirements, aimed to support the homes’ efforts to address staffing challenges.
  • The order continues to be needed to facilitate flexibility for reporting, documentation, staffing, care requirements, admissions, transfers and discharges, licences and management contracts process and administration of drugs. It enables homes to focus on providing high quality resident care and address safety needs for residents.
  • The order was a reasonable measure relative to others because it provided the timeliest and most consistent approach. The existing governing frameworks did not provide the greatest flexibility and nimbleness in responding to a rapidly evolving landscape and shifting on-the-ground priorities. There was an urgency to address potentially significant staffing shortages, administrative matters, and their potential impacts on the level of care provided to residents.

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. 73/20 (Limitation Periods)

Description:

  • This order suspended limitation periods and procedural time periods for court and tribunal proceedings subject to the discretion of the court, tribunal or other decision-maker responsible for the proceeding, in recognition of the difficulty Ontarians may have had in meeting these time requirements during the emergency.
  • This order came into effect on March 20, 2020 retroactive to March 16, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

  • Time periods governing various steps in a proceeding are found in numerous statutes, regulations, rules and by-laws. If these time periods are not met, there may be serious legal consequences, including the prevention of a person from bringing forward a proceeding.
  • In response to COVID-19covid 19, the Superior Court of Justice suspended regular operations on March 17, 2020. Tribunals Ontario closed frontline counter services on March 16, 2020.
  • As a result of the suspended operations and closures, many Ontarians involved in court and tribunal proceedings would have been uncertain as to how they should move forward in their proceeding. Those intending to initiate a new proceeding may have also found it difficult to do so during the emergency.
  • The order was needed to suspend limitation periods and time requirements governing various steps in a proceeding.
  • The order was a reasonable measure relative to others because it provided the timeliest response and consistent approach. It would not have been timely or feasible to amend numerous statues, regulations, rules or by-laws that set up limitation periods and procedural time periods.

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 was revoked September 14, 2020. The decision to end the suspension was based on, among other considerations input from justice sector partners and the improved state of court and tribunal operations.

O. Reg. 75/20 (Drinking Water Systems and Sewage Works)

Description:

  • This order provided operational flexibility to owners and operating authorities of drinking water and wastewater facilities throughout Ontario by allowing the use of knowledgeable, non-certified staff and redeployment of staff to maintain system operations.
  • The temporary emergency order also allowed operators and water quality analysts who work at these facilities to maintain their certified or licensed status by extending expiring operator certificates and licences by six months.
  • 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 emergency order enabled owners and operating authorities of drinking water and wastewater facilities to proactively address a potential shortage of skilled operators caused by the pandemic so that Ontario’s drinking water and wastewater systems could continue to function properly and provide clean, safe drinking water to the public. 
  • Operators and water quality analysts are required to complete training to renew their certificates every three years. However, the availability and accessibility of training was significantly impacted by the COVID-19covid 19 pandemic.
  • Many operators and water quality analysts were not able to renew their certificates due to the inability to complete their training. The temporary emergency order was needed to extend certificates so that operators could continue to provide essential public services without being out of compliance with professional regulatory requirements.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing certification and licensing regulations under the Safe Drinking Water Act and the Ontario Water Resources Act did not provide the legal authority to implement the measures considered necessary to address the operational and certification/licensing issues related to the emergency.

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 emergency order only extended operator certificates and licenses that expired prior to October 31, 2020. Further extensions were not required due to the availability of online training going forward.
  • Provisions that provided authority to municipalities and the Ontario Clean Water Agency to temporarily use knowledgeable, non-certified staff and redeploy workers to maintain operations and override collective agreements only remained in effect until July 31, 2020.
  • Provisions that reduced the number of training hours wastewater operators must complete annually remained in effect until the order was revoked.
  • This order was revoked on January 20, 2021.

O. Reg. 241/20 (Special Rules Re Temporary Pandemic Pay)

Description:

  • The order facilitated faster implementation of temporary pandemic pay for workers by providing clarity to employers and employees regarding eligibility for pandemic pay. The emergency order allowed employers with unionized workforces to provide these payments on a time-limited basis without the need to negotiate separate terms or conditions with bargaining agents.
  • This order came into effect on May 29, 2020, retroactive to 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 address COVID-19covid 19-related staffing shortages by ensuring that all eligible employees could receive the temporary pandemic pay for which they were eligible, whether or not they are represented by a bargaining agent. The order was a reasonable measure because the temporary pandemic pay is an exceptional measure and it would not have been timely or feasible to make alternate legislative or regulatory amendments.

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):

  • Pandemic pay lump sum and hourly payments made to employees for work performed during the eligible time-period (April 24 – August 13) are complete.
  • This order was revoked April 20, 2021.