List of emergency orders issued intended to limit the spread of COVID-19:

O. Reg. 82/20 (Rules for Areas in Stage 1)

Description:

  • This emergency order outlined which non-essential businesses were to close and which businesses could remain open (deemed essential), with restrictions, during the declared provincial emergency.
  • It came into effect on March 24, 2020.

Why the emergency order was needed:

  • Ontario demonstrated a sharp increase of COVID-19 cases in mid-March, with approximately 150 new cases per day by March 24, 2020.
  • Based on public health advice, it was necessary to close certain businesses and only allow essential business to remain open in order to prevent a significant increase in the spread of COVID-19 and related deaths. It was intended that with these business closures, unnecessary interaction between people would be prevented, which was critically important given the contagious nature of COVID-19, especially for vulnerable populations such as Ontarians over 70.
  • Beyond the high risk of the pandemic itself, another prevailing concern was that not closing businesses would enable a degree of virus transmission that would push the public health system beyond its capacity, which could lead to numerous preventable deaths.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. Under the existing governing frameworks, such as the Health Protection and Promotion Act, 1990, the rules would have been solely at the discretion of individual municipalities or local medical officers of health.

Amendments:

  • 16 amendments were made to this emergency order under the Emergency Management and Civil Protection Act (EMCPA). The amendments reflected the evolving nature of the pandemic, including the province’s evolving understanding of how to address the pandemic, as well as the need to ensure consistency with other related orders and legislative amendments that were subsequently made.

Revocation/continuation under Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA):

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

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

Description:

  • For regions in Stage 2, this emergency order outlined businesses permitted to resume operations while adhering to sector-specific guidelines outlined in the regulation.
  • It came into effect on June 11, 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 Stage 2 of recovery.
  • As O. Reg. 82/20 closed all non-essential businesses, this regulation was intended to allow some businesses to reopen with restrictions while following public health advice. The reopening of businesses was necessary to facilitate the return of economic activity, including consumer spending and the jobs associated with this spending, and allow for social interaction, while also following the advice of public health.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. Under the existing governing frameworks, such as the Health Protection and Promotion Act, 1990, the rules would have been solely at the discretion of individual municipalities or local medical officers of health.

Amendments:

  • Seven amendments were made to this emergency order under the EMCPA. The amendments reflect the evolving nature of the pandemic, including the province’s enhanced understanding of how to address the pandemic, as well as the need to ensure consistency with other related orders and legislative amendments that were subsequently made.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order expands on O. Reg. 82/20 and was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

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

Description:

  • For regions in Stage 3, this emergency order outlined businesses permitted to reopen, subject to public health and workplace safety guidance, measures and restrictions. Businesses that were not specifically included in the order were permitted to reopen under the general compliance provision that outlined general guidelines that all businesses in Stage 3 must follow.
  • It came into effect on July 13, 2020.

Why the emergency order was needed:

  • Prior to regions entering Stage 3 of recovery, these areas needed to experience a sustained downward trend in the number of daily new cases and therefore were at lower risk of transmission, reducing the risk of reopening more sectors of the economy.
  • Following Stage 2 and the improvement of public health indicators, Stage 3 was intended to allow most businesses to reopen with loosened 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.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. Under the existing governing frameworks, such as the Health Protection and Promotion Act, 1990, the rules would have been solely at the discretion of individual municipalities or local medical officers of health.

Amendments:

  • One amendment was made to this emergency order under the EMCPA to make technical changes to the language and to reflect the evolving nature of the pandemic, including the province’s enhanced understanding of how to address the pandemic, as well as the need to ensure consistency with other related orders and legislative amendments that were subsequently made.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order expands on O. Reg. 263/20 and was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 363/20 (Stages of Reopening)

Description:

  • This emergency order outlined which regions were in Stage 1, Stage 2 or Stage 3 in Ontario’s reopening plan. Businesses and residents in regions must follow public health and workplace safety guidance, measures and restrictions outlined in the respective stage regulations O. Reg. 82/20, O. Reg. 263/20, or O. Reg. 364/20.
  • It came into effect on July 13, 2020.

Why the emergency order was needed:

  • A staged approach to reopening the province 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 and residents what stage of Ontario’s reopening plan they were in. The stage a region was in was determined by the region’s trends in key public health indicators.
  • The order was also necessary to support O. Reg. 82/20, Stage 1; O. Reg. 263/20, Stage 2; and O. Reg. 364/20, Stage 3. Regions identified in O. Reg. 363/20 must follow guidelines, measures and restrictions outlined in the respective stage orders.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. Under the existing governing frameworks, such as the Health Protection and Promotion Act, 1990, the rules would have been solely at the discretion of individual municipalities or local medical officers of health.

Amendments:

  • One amendment was made to this emergency order under the EMCPA to reflect the evolving nature of the pandemic, including the province’s enhanced understanding of how to address the pandemic, as well as the need to ensure consistency with other related orders and legislative amendments that were subsequently made.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 51/20 (Order Under Subsection 7.0.2(4) of the Act - Closure of Establishments)

Description:

  • This emergency order required the closure of certain establishments, including:
    • facilities providing indoor recreational programs
    • public libraries
    • private schools
    • licenced child care centres
    • cinemas and theatres (including those offering live performances of music, dance and other art forms)
    • all bars and restaurants, except for takeout and delivery
    • concert venues
  • It came into effect on March 17, 2020.

Why the emergency order was needed:

  • The order was needed to limit the transmission of COVID-19 by closing the establishments, outlined in this order, where groups of people may have gathered. The order was enacted based on public health advice, including the advice of Ontario’s Chief Medical Officer of Health.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. Under the existing governing frameworks, such as the Health Protection and Promotion Act, 1990, the rules would have been solely at the discretion of individual municipalities or local medical officers of health.

Amendments:

  • Despite widespread business and school closures, many workers in Ontario were still required to physically report to work to support efforts to contain the spread of COVID-19 and otherwise promote the health and safety of Ontarians. This included those working in the health care sector, first responders, correctional officers, individuals working in grocery stores and pharmacies. The emergency order was amended on March 23, 2020, to allow certain child care centres to re-open for the sole purpose of providing care to the children of health care and other frontline workers noted above. The order also provided specificity as to which child care centres could re-open.
  • This order was amended six times (March 23, March 28, April 16, April 29, May 15 and May 29, 2020) to reflect the evolving nature of the pandemic, including the province’s enhanced understanding of how to address the pandemic, as well as the need to ensure consistency with other related orders and legislative amendments that were subsequently made.

Revocation/continuation under ROA:

  • The order was revoked on June 12, 2020, and features of the order still required were added to O. Reg. 263/20 (Rules for Areas in Stage 2).

O. Reg. 52/20 (Order Under Subsection 7.0.2(4) of the Act - Organized Public Events, Certain Gatherings)

Description:

  • This emergency order limited the number of people permitted at organized public events and certain gatherings, including religious and social gatherings.
  • This order came into effect on March 17, 2020.

Why the emergency order was needed:

  • The order was needed to limit the transmission of COVID-19 across Ontario given the risk of transmission in gatherings of groups of individuals. The order was enacted based on public health advice, including the advice of Ontario’s Chief Medical Officer of Health.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. Under the existing governing frameworks, such as the Health Protection and Promotion Act, 1990, the rules related to organized public events, social gatherings and religious services, rites or ceremonies would have been solely at the discretion of individual municipalities or local medical officers of health.

Amendments:

  • This order was amended four times (March 28, May 16, May 29 and June 12, 2020) to reflect the evolving nature of the pandemic, including the province’s enhanced understanding of how to address the pandemic, as well as the need to ensure consistency with other related orders and legislative amendments that were subsequently issued. The amendments made centred on the number of people permitted at, and criteria for, organized public events and certain gatherings.

Revocation/continuation under ROA:

  • The order was revoked on July 17, 2020, with the required provisions moved to other emergency orders.

O. Reg. 142/20 (Order Under Subsection 7.0.2(4) of the Act - Closure of Public Lands for Recreational Camping)

Description:

  • This emergency order prohibited recreational camping on public land (managed by the Ministry of Natural Resources and Forestry) in Ontario.
  • It came into effect on April 9, 2020.

Why the emergency order was needed:

  • This order was needed to limit the transmission of COVID-19 by preventing people from participating in recreational camping on public land. It was aligned with the closure of provincial parks and conservation reserves and supported public health guidance by asking people in Ontario to stay home and avoid travel.
  • The order also enabled the province to provide clarity on activities that were not impacted by the order, including camping while exercising Aboriginal or treaty rights, walking through the lands, using the lands for a permitted purpose or providing accommodation for essential businesses.
  • The order enabled enforcement by all provincial offence officers, including conservation officers and police officers.
  • Using an emergency order provided clarity to the public, including clear and simple offences and penalties. The order was a reasonable measure relative to others because it provided the most timely response and most consistent approach. The Public Lands Act provides for some authority to prohibit camping on Crown land. However, it would have been difficult to enforce this prohibition because the Public Lands Act carries lower penalties compared to the EMCPA and would not allow for all provincial offence officers, including conservation officers and police officers to enforce.

Amendments:

  • No amendments were made to this order.

Revocation/continuation under ROA:

  • The order was revoked on June 1, 2020, after the province entered Stage 1 of reopening, to allow people in Ontario to participate in outdoor recreation while adhering to social distancing requirements and public health recommendations.

O. Reg. 104/20 (Emergency Order Under Subsection 7.0.2(4) of the Act - Closure of Outdoor Recreational Amenities)

Description:

  • This emergency order closed all communal or shared, public or private, outdoor recreational amenities everywhere in Ontario, including playgrounds, sports facilities and multi-use fields, off-leash dog areas, outdoor fitness equipment, outdoor allotment and community gardens and outdoor picnic areas.
  • It came into effect on March 30, 2020.

Why the emergency order was needed:

  • The order was needed to limit the transmission of COVID-19 across Ontario based on public health advice, including the advice of Ontario’s Chief Medical Officer of Health.
  • Green space available in parks and places, such as trails, ravines and conservation areas, remained open for walkthrough access and use during COVID-19. This approach allowed safe park practices to continue, including running, walking or jogging through communal or shared park or recreational green spaces.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. Under the existing governing frameworks, such as the Health Protection and Promotion Act, 1990, the rules around closing outdoor recreational amenities would have been solely at the discretion of individual municipalities or local medical officers of health.

Amendments:

  • This order was amended three times (April 24, May 19 and June 11, 2020) to reflect the evolving nature of the pandemic, including the province’s enhanced understanding of how to address the pandemic, as well as the need to ensure consistency with other related orders and legislative amendments that were subsequently issued. The amendments made centred on the type of outdoor recreational amenities that were allowed to reopen.

Revocation/continuation under ROA:

  • The emergency order was revoked on July 17, 2020.

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

Description:

  • This emergency order ensured that a person was required to identify themselves by providing their correct name, date of birth and address, if demanded, by a provincial offences officer with respect to enforcing any orders made under the EMCPA. Provincial offences officers include certain peace officers (e.g. police officers, special constables and First Nations Constables) and certain non-peace officers (e.g. municipal by-law enforcement officers).
  • It came into effect on March 31, 2020.

Why the emergency order was needed:

  • The correct name, date of birth and address are essential information in order 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 EMCPA.
  • 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).
  • Without the disclosure of this identifying information, provincial offences officers would be unable to effectively enforce orders under the EMCPA. Effective enforcement tools are essential to have compliance with the orders, which are designed to limit the impacts of the current public health emergency.
  • Provincial offences officers had to have reasonable grounds to believe that the individual committed an offence under the EMCPA 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 or another statute to create a similar duty.

Amendments:

  • The emergency order was amended on July 15, 2020, and July 22, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 76/20 (Electronic Service)

Description:

  • The emergency order allowed service of legal documents on specified entities to be effected electronically for the duration of the declared provincial emergency.
  • It came into effect on March 23, 2020.

Why the emergency order was needed:

  • Service is when a copy of all the documents in a case is given to the other party. Documents must be served to 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 receive service and incoming mail and courier package. Individuals would also need to travel in person to submit documents.
  • The order was needed to allow service to be effected electronically.
  • 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 social distancing as advised by public health.
  • 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:

  • The emergency order was amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

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

Description:

  • This emergency order allowed legal requirements around the execution of wills and Powers of Attorney (POAs) to be completed virtually.
  • It came into effect on April 7, 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 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 was unclear when the legislature would sit and that process did not accommodate the time-sensitive emergency presented by COVID-19.

Amendments:

  • The emergency order was amended on April 22, 2020, to allow virtual witnesses to sign the will or the POA in counterparts so virtual witnesses and the Testator/Grantor could sign separate but identical documents. Although the initial order permitted witnesses to use audio-video technology, it did not expressly amend the requirement for witnesses to sign the same piece of paper as the Testator/Grantor.
  • The emergency order was also amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 107/20 (Order Under Subsection 7.1(2) of the Act - Corporations, Co-Operative Corporations and Condominium Corporations)

Description:

  • This emergency order (made under section 7.1 of the EMCPA) permitted corporations under the Corporations Act and the Business Corporations Act to hold their shareholders’, members’ and directors’ meetings virtually (i.e. electronically or via telephone) and postpone annual general meetings (AGMs) that they would have otherwise been required to hold during or shortly after the declared emergency period.
  • It was made on March 30, 2020, retroactive to March 17, 2020.

Why the emergency order was needed:

  • The order was needed to provide increased flexibility for different types of corporations and business to hold meetings to limit physical interaction and comply with provincial gathering limitations and public heath guidance.
  • Without this order some corporations would not have been able to meet legislative requirements to conduct AGMs. Some corporations were not permitted to hold meetings virtually because of a legislative provision under the Corporations Act, or provisions under their articles/letters patent or by-laws.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. Other approaches considered such as legislative amendments to the Corporations Act would not have been timely enough as it was unclear when the legislature would sit and that process does not accommodate the time-sensitive emergency presented by COVID-19.

Amendments:

  • The emergency order was amended on April 24, 2020, to provide relief, flexibility and clarity to various types of Ontario corporations.

Revocation/continuation under ROA:

  • The order was revoked on May 12, 2020 as it was replaced by the legislative amendments under the COVID-19 Response and Reforms to Modernize Ontario Act, 2020.

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

Description:

  • This emergency order provided 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-19 outbreak was declared.
  • It came into effect on May 12, 2020.

Why the emergency order was needed:

  • Despite measures taken by the government, there were serious concerns related to the capacity and ability of some long-term care homes to properly manage a COVID-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-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-19 outbreak. The use of an order ensured a rapid, province-wide response to COVID-19 outbreaks in long-term care homes.

Amendments:

  • The emergency order was amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

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

Description:

  • This emergency order provided authority to the Registrar of the Retirement Homes Regulatory Authority to enable the Registrar to select and appoint a manager to oversee operations of a retirement home in outbreak, defined by a single, laboratory confirmed case of COVID-19 in a resident or staff member, where there was a risk of harm to residents related to COVID-19.
  • It came into effect on May 29, 2020.

Why the emergency order was needed:

  • Although many retirement homes were adequately managing outbreaks while following direction and guidelines from Ontario’s Chief Medical Officer of Health, concerns and questions were raised regarding the actions of some homes to prevent or contain an outbreak.
  • By ordering a qualified manager selected by the Registrar to manage a home where there is a failure to ensure the safety of and adequate care for residents in a home, these residents can be better cared for with a view to stemming or preventing a COVID-19 outbreak.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing provisions in the Retirement Homes Act, 2010 did not allow for this approach. It would not have been timely or feasible to make statutory changes as it was unclear when the legislature would sit and that process did not accommodate the time-sensitive emergency presented by COVID-19.

Amendments:

  • The emergency order was amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.