List of emergency orders issued intended to support continuity of critical services during the COVID-19 emergency:

O. Reg. 73/20 (Limitation Periods)

Description:

  • This emergency order (made under section 7.1 of the EMCPA) suspended limitation periods and procedural time periods, in recognition of the difficulty Ontarians may have had in meeting these time requirements during the emergency.
  • It was made on March 20, 2020, retroactive to March 16, 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-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.
  • Additionally, this issue is specifically contemplated in the Emergency Management and Civil Protection Act (EMCPA), which allows the Lieutenant Governor in Council to make orders to temporarily suspend limitation and time periods in a proceeding in accordance with the criteria in s. 7.1 of the EMCPA.
  • The Attorney General consulted justice sector partners on the order and there was significant support for the order.

Amendments:

  • The emergency order was amended three times (April 9, May 1 and June 5) to exempt limitation periods and procedural time periods under the Construction Act, Niagara Escarpment Planning and Development Act and the Family Responsibility and Support Arrears Enforcement Act, 1996 and to clarify its application to hospital credentialing proceedings under hospital by-laws.
  • The 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 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. 75/20 (Drinking Water Systems and Sewage Works)

Description:

  • This emergency order provided operational flexibility to owners and operating authorities of drinking water and wastewater facilities throughout Ontario by allowing the use of qualified, non-certified staff and redeployment staff to maintain system operations.
  • The 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 and reduced the training hour requirements for wastewater operators.
  • It came into effect on March 23, 2020.

Why the emergency order was needed:

  • Operators and water quality analysts are required to complete training to renew their certificates every three years. However, the availability and accessibility of training this year was significantly impacted by COVID-19.
  • Since many operators and water quality analysts were not able to renew their certificates due to the inability to complete their training, the emergency order was needed to extend certificates so that operators can continue to provide essential public services without being out of compliance with professional regulatory requirements.
  • The emergency order enabled owners and operating authorities of drinking water and wastewater facilities temporary operational flexibility to proactively address a potential shortage of skilled operators so that Ontario’s drinking water and wastewater systems could continue to function properly during the pandemic.
  • 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:

  • On July 15, 2020, the emergency order was amended to make technical changes to the language around certificate extensions, reduce the annual training hours required for wastewater operators and gradually phase out provisions that temporarily allowed the use of qualified non-certified or non-licensed staff and the redeployment of staff to maintain operations.

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. 95/20 (Streamlining Requirements for Long-Term Care Homes)

Description:

  • This emergency order provided greater flexibility to and reduced administrative requirements of licensees of long-term care homes, allowing them to respond nimbly and effectively to meet the care and safety requirements of residents during the COVID-19 pandemic.
  • It came into effect on March 27, 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-19 and be unable to work, creating staffing shortages and leading to further spread of COVID-19 amongst residents.
  • There was also growing concern from stakeholders and the ministry that outbreaks of COVID-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 order was needed to create greater flexibility for reporting, documentation, staffing, care requirements, admissions, transfers and discharges, licences and management contracts process and administration of drugs.
  • 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 urgency to address potentially significant staffing shortages, administrative matters and their potential impacts to the level of care provided to residents.

Amendments:

  • The emergency order was amended on July 15, 2020, to remove the provisions related to authority to take necessary measures related to reporting and documentation. This reverted the reporting and documentation requirements to the requirements set out in the Long-Term Care Homes Act, 2007 and its regulations prior to the declared provincial emergency.
  • The 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. 141/20 (Temporary Health or Residential Facilities)

Description:

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

Why the emergency order was needed:

  • The order was needed to enable municipalities and hospitals to provide temporary overflow healthcare and residential shelter facilities quickly in response to COVID-19 outbreaks, while still ensuring that these facilities were safe for use.
  • Without the order, in some cases, some buildings would not have been able to meet Building Code requirements and vacant land may not be zoned for new temporary use under municipal zoning by-laws made under the Planning Act. This order was needed to exempt these temporary buildings or uses from those by-laws and approvals, which may have delayed or prevented the construction and/or use of these facilities.
  • In the same way, the order allowed buildings to be temporarily repurposed to accommodate overflow shelter facilities so that residents could adhere to physical distancing guidelines (e.g. in sports complexes).
  • 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 (i.e. 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:

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

Description:

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

Why the emergency order was needed:

  • Provincial coroners were having difficulty managing the significant caseloads resulting from the continued increase in deaths as a result of COVID-19.
  • The order was needed to increase the number of persons available to ensure timely completion of Medical Certificates of Death (MCODs) by extending the authority to registered nurses and nurse practitioners. Timely completion of MCODs was necessary to allow the final disposition of the deceased to proceed, as well as collection to understand the extent of COVID-19 in the community and pandemic mortality.
  • 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 regulatory changes to the Vital Statistics Act to enable registered nurses and nurse practitioners to complete MCODs.

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. 89/20 (Traffic Management)

Description:

  • This emergency order temporarily broadened the authorities of Ministry of Transportation (MTO) officers, maintenance staff, police officers and contractors to provide the necessary services and level of support to police agencies with respect to traffic in response to the imminent closure of the Canada-US border to non-essential travel in response to COVID-19.
  • It came into effect on March 26, 2020.

Why the emergency order was needed:

  • The expansion of MTO officer and maintenance staff authority was sought as a result of the imminent closure of the Canada-US border to non-essential travel in response to COVID-19 and the potential for queuing along the highway corridors leading to the border crossings.
  • The order was needed to ensure that adequate resources were available to ensure the safety of the travelling public, including commercial vehicles that were critical to the supply chain.
  • Extending authority to MTO officers increased the number of persons able to provide traffic direction services and could provide relief to police involved in other duties.
  • The order allowed alternative methods of closing the highway to prevent a situation in which highways could not be closed properly because of a lack of the types of devices stipulated by Ontario Regulation 599 under the Highway Traffic Act.
  • An emergency parking plan as part of the order was intended to assist truckers and other motorists who were stranded on the road or could not proceed to their destination. It is normally illegal for trucks to be parked or stopped on a highway right-of-way as such parking interferes with the safe and efficient operation of the highway network. However, in unusual circumstances such as border closures, quarantining or other unusual highway events, it was possible that trucks may end up stopping or parking along the right-of-way contrary to the law as there was no place for them to go.
  • Certain property owners were required to allow parking on their property without fee from the vehicle owner or compensation from the province, unless subsequently approved.
  • The order was a reasonable measure as it provided the timeliest response and most consistent approach. The existing governing framework does not provide MTO the authority and flexibility to expand the scope of duties of an MTO officer with certainty.

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 was revoked on July 23, 2020.

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

Description:

  • This emergency order provided coroners and medical officers of health with direct access to personal health information under the Electronic Health Record.
  • It came into effect on May 1, 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-19 response and protect the health of Ontarians.
  • The order was necessary to prevent serious harm to persons. Without sound, 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:

  • 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. 140/20 (Agreements Between Health Service Providers and Retirement Homes)

Description:

  • This emergency order supported the retirement homes sector in voluntarily taking in hospital patients and addressing staff requirements. This order applied to all retirement homes that had entered into an arrangement with a hospital.
  • It came into effect on April 9, 2020.

Why the emergency order was needed:

  • The order was needed to address pressures on hospital capacity by encouraging retirements homes to enter into agreements with hospitals to provide additional beds and services to hospital patients.
  • At the onset of the declared provincial emergency, the Ministry of Health, Ministry of Long-Term Care and Ontario Health developed a surge capacity framework that allowed alternative care settings, such as retirement homes, to enter into agreements with hospitals.
  • Without the order, retirement homes entering these agreements and offering additional beds and services may have been considered hospitals under the Labour Relations Act, 1995 and Hospital Labour Disputes Arbitration Act, making them subject to hospitals’ collective agreements. This would have increased their labour costs and decreased affordability for residents.
  • The order was a reasonable measure as it would not have been feasible to make multiple legislative or regulatory amendments to address these labour relations implications. The emergency order ensured rapid, province-wide changes that could facilitate the participation of retirement homes in this voluntary program.

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 was revoked on July 23, 2020.

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

Description:

  • The emergency order (made under section 7.1 of the EMCPA) 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 start providing eligible frontline workers with time-limited payments in response to the COVID-19 pandemic (i.e. temporary pandemic pay).
  • It was made on May 1, 2020, retroactive to April 24, 2020.

Why the emergency order was needed:

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

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

Description:

  • The emergency 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.
  • It was made on May 29, 2020, retroactive to April 24, 2020.

Why the emergency order was needed:

  • The emergency order was needed to address COVID-19 related staffing shortages by ensuring that all eligible employees can receive the Temporary Pandemic Pay for which they may be eligible, whether they are represented by a bargaining agent or not.
  • The order was a reasonable measure relative to others because Temporary Pandemic Pay is an exceptional temporary measure, and it would not have been timely or feasible to make alternate legislative or regulatory amendments in this regard.

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. 120/20 (Order Under Subsection 7.0.2(4) of the Act - Access to COVID-19 Status Information by Specified Persons)

Description:

  • This emergency order enabled first responders, including police officers, firefighters and paramedics, to obtain COVID-19 status information (i.e. an individual’s name, address, date of birth and whether the individual had had a positive test for COVID-19), from public health units (PHUs) and laboratories.
  • It came into effect on April 3, 2020.

Why the emergency order was needed:

  • First responders requested access to the COVID-19 status of the individuals that they come into contact with within the course of carrying out their duties. The order was considered necessary to reduce the COVID-19 exposure risk for first responders, thereby reducing risk of harm to first responders and other individuals within their services and additional individuals dispersed throughout the community that first responders encounter when carrying out their duties.
  • This order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. Under the Personal Health Information Protection Act, 2004 (PHIPA) each PHU and laboratory determines, given the context, whether it has authority and wants to exercise its discretion to disclose personal health information. In these circumstances PHIPA itself would not have required PHUs and laboratories to make COVID-19 status information available to first responders. Thus, the exercise of discretion and decision-making at the local level could have led to a lack of consistency and certainty for all first responders. The existing government framework does not include legislation that could address these differences for this time-limited issue.

Amendments:

  • No amendments were made to this order.

Revocation/continuation under ROA:

  • The emergency order was revoked on July 22, 2020.

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

Description:

  • This emergency order allowed 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 relevant training within the previous 24 months, instead of the required 12 months under the Police Services Act.
  • It came into effect on April 8, 2020.

Why the emergency order was needed:

  • Police services and the Ontario Police College suspended/delayed training to stop the spread of COVID-19 at police training facilities and to ensure that enough personnel were available for deployment.
  • The order was needed to ensure the continued delivery of public safety services by enabling police services to make use of all frontline staff for redeployment.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing government framework under the Police Services Act does not allow officers to defer use of force and firearm training, resulting in many officers being unable to fulfil frontline duties. 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 during the declared provincial emergency. 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.

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 due to limited capacity for training as a result of COVID-19 precautionary measures that were put in place and the challenge for police services to catch up with back logs for training.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.