O. Reg. 8/21 – Enforcement of COVID-19covid 19 Measures

Description:

  • Under this emergency order, all provincial offences officers, including police officers, First Nation constables, special constables, municipal law enforcement officers, by-law enforcement officers, provincial workplace safety inspectors and any other persons designated as provincial offences officers have the authority to:
    • require an individual to provide the officer with their correct name, date of birth and address if the provincial offences officer believes that an individual has committed an offence under section 7.0.11 of the EMCPA, or an offence under subsection 100(1) of the HPPA for failing to comply with an order made in respect of COVID-19covid 19 under section 22 of that act
    • order an individual attending an organized public event or other gathering prohibited under the ROA to cease attending, and may order individuals to disperse
    • order premises be temporarily closed if they have reasonable grounds to believe an organized public event or other gathering is occurring at the premises and that the number of people in attendance exceeds the number permitted under the ROA
  • The emergency order came into effect on January 12, 2021 during the second declared provincial emergency.

Why the emergency order was needed:

  • Effective enforcement tools are essential to support compliance with the emergency orders. This order was necessary to provide provincial offences officers with the tools needed to assist in the enforcement of the public health and workplace safety measures.
    • For example, the correct name, date of birth and address are essential pieces of information in order to lay a charge. Without this emergency order, there would have been no duty on individuals to provide their name or any other information to a provincial offences officer when they were seeking to lay a charge under the EMCPA.
  • The emergency 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.

Extension and revocation:

  • The emergency order as last amended on June 2, 2021 was extended after the termination of the third declared emergency. The emergency order is still in effect as of October 7, 2021.

O. Reg. 55/21 – Compliance Orders for Retirement Homes

Description:

  • This emergency order enables the Registrar of the Retirement Homes Regulatory Authority (RHRA), the province’s regulator for retirement homes, to issue a compliance order to a retirement home for the purpose of preventing, responding to, or alleviating the effects of COVID-19covid 19 if the Registrar of the RHRA determines there is a risk of harm to residents of the home.
  • The emergency order came into effect February 5, 2021 during the second declared provincial emergency.

Why the emergency order was needed:

  • Following the second provincial declaration of emergency there was a need for additional compliance tools to help manage retirement homes.
  • Local public health representatives and hospital staff supporting retirement homes have noted the importance of continued vigilance in performing infection prevention and control (IPAC) measures and provided recommendations to retirement homes for effective IPAC and other measures. Some retirement homes had not implemented these measures due to staffing pressures and pandemic fatigue.
    • The order addressed a gap in the authority as currently set out in the Retirement Homes Act, 2010, which did not allow the RHRA Registrar to require a retirement home to comply with advice, recommendations and instructions from their local medical officer of health or designate, hospitals or appointed managers. The existing compliance order power under the Retirement Homes Act, 2010, requires that the Registrar believe on reasonable grounds that a retirement home has contravened a requirement under the act.
  • The emergency order was a reasonable measure relative to others because it allowed the government and the RHRA to take immediate action to support retirement homes and protect residents and staff.

Extension and revocation:

  • The emergency order was extended during and after the second and third declared emergencies.
  • The emergency order is still in effect as of October 7, 2021.

O. Reg. 265/21 – Stay-at-Home Order

Description:

  • This emergency order required individuals to remain at home, except for specified purposes such as going to the grocery store or pharmacy, accessing health care services (including getting vaccinated), for outdoor exercise, or for work that could not be done remotely. This measure was introduced to reduce mobility and opportunities for transmission of COVID-19covid 19, preserve public health and health system capacity and safeguard vulnerable populations.
  • The emergency order was made on April 7, 2021 and its terms applied as of 12:01 a.m. on April 8, 2021.

Why the emergency order was needed:

  • Prior to making this emergency order, daily case numbers across the province were increasing at an accelerated rate and key public health system capacity indicators reached concerning levels.
  • Evidence from other jurisdictions suggested that with new, more infectious VOCs detected in Ontario, reducing rates of transmission could become even more challenging.
  • Escalating case counts led to increasing hospitalization rates and ICU occupancy, resulting in disruptions in scheduled surgeries and procedures.
  • Without action taken provincewide to reduce transmission of COVID-19covid 19, the health care and public health system could have become further overwhelmed, resulting in more illness and deaths.
  • Reducing mobility through the Stay-at-Home Order was necessary to interrupt and prevent COVID-19covid 19 transmission.
  • The Stay-At-Home Order provided the timeliest response and most consistent approach. In addition, the Emergency Management and Civil Protection Act provides the Lieutenant Governor in Council with the power to regulate or prohibit travel or movement to, from or within any specified area, a power not expressly provided for in other provincial emergency or public health legislation. Other public health and workplace safety measures that were already in effect through other authorities (orders under the ROA) appeared insufficient to address the escalating COVID-19covid 19 situation in the province based on the data available at the time.

Extension and revocation:

  • The emergency order expired on June 2, 2021 as it was no longer necessary based on general improvement in trends of key public health indicators, including daily case numbers and provincewide vaccination rates.

O. Reg. 266/21 – Residential Evictions

Description:

  • This emergency order temporarily paused the enforcement of residential evictions to ensure people were not forced to leave their homes during the third declared emergency and while the Stay-at-Home Order remained in effect.
  • This was done by pausing the enforcement of evictions under the Residential Tenancies Act, 2006 as well as the enforcement of writs of possession for residential properties.
  • The emergency order came into effect on April 7, 2021 and its terms applied as of 12:01 a.m. on April 8, 2021.

Why the emergency order was needed:

  • The temporary suspension of the enforcement of residential evictions was necessary to help reduce the potential spread of COVID-19covid 19 by limiting the displacement of tenants and residents when they should be sheltering in place (e.g., to avoid people being forced to find a new home, ‘couch surf’ with family / friends or move into shelters). In addition, this order reinforced the Stay-at-Home order.
  • Due to an imminent public health risk, the emergency order was a reasonable measure relative to others because it provided the timeliest response to the predicted increases in COVID-19covid 19 cases.

Extension and revocation:

  • The emergency order expired on June 2, 2021, the same date the Stay-at-Home Order expired, following general improvements in public health and health system indicators.

O. Reg. 288/21 – Closure of Public Lands for Recreational Camping

Description:

  • The emergency order prohibited recreational camping on public lands (with limited exceptions) as defined by the Public Lands Act (PLA) to help reduce the spread of COVID-19covid 19.
  • Under the order, individuals were prohibited from camping for recreational purposes on public lands including by occupying tents or other camping structures, trailers, recreational vehicles and watercraft equipped for overnight accommodation while the order was in effect.
  • The emergency order came into effect on April 15, 2021 and its terms applied as of 12.01 a.m. April 16, 2021.

Why the emergency order was needed:

  • The emergency order reinforced the provincial Stay-at-Home Order and aligned with the closure of backcountry camping in provincial parks and conservation reserves.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The Public Lands Act provides for some authority to prohibit camping on Crown land. Making the order under the EMCPA allowed for all provincial offence officers, including conservation officers and police officers, to enforce.

Extension and revocation:

  • The emergency order was revoked on June 11, 2021 to align with the opening of camping in provincial parks and conservation reserves as part of the province moving into Step One of the Roadmap to Reopen.

O. Reg. 293/21 – Persons Entering Ontario from Manitoba or Québec

Description:

  • This emergency order prohibited travel into Ontario from Manitoba or Québec via land and water borders, with some exceptions for permitted travel purposes such as to work in Ontario, obtain health care or transport goods. The permitted purposes also included travelling into Ontario to exercise an Aboriginal or treaty right as recognized and affirmed by section 35 of the Constitution Act, 1982.
  • The emergency order came into effect on April 16, 2021, and its terms applied as of 12:01 a.m. Eastern Time on April 19, 2021.
  • This emergency order was amended to include other exceptions for permitted purposes to entering Ontario from Manitoba or Québec, including:
    • To attend school or a post-secondary institution, or transport to or pick up a student from a school or post-secondary institution
    • To permit a child to attend daycare or take a child to daycare.

Why the emergency order was needed:

  • Evidence demonstrated that restricting mobility minimizes COVID-19covid 19 transmission, thereby minimizing illness and death.
  • The restriction of travel into Ontario from Manitoba and Québec was necessary to help reduce the mobility of people between provinces and support efforts to minimize the spread of the infection and impacts on the public health and health systems.
  • Due to an imminent public health risk and continued pressure on the health system, including public health capacity to conduct rapid case and contact management, the emergency order was a reasonable measure relative to others because it provided the timeliest and most consistent response to the predicted increases in COVID-19covid 19 cases.

Extension and revocation:

  • The emergency order was extended following the termination of the third declared emergency. It expired on June 16, 2021 as it was no longer necessary following general improvements in public health and health care trends.