Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17

• Jurisdiction: Ontario

Reopening Ontario (A Flexible Response to COVID-19) Act, 2020

S.o. 2020, chapter 17

Consolidation Period: From October 1, 2020 to the e-Laws currency date.

Last amendment: 2020, c. 23, Sched. 6.

CONTENTS

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Interpretation

Definitions

1 In this Act,

“continued section 7.0.2 order” means an order continued under section 2 that was made under section 7.0.2 of the Emergency Management and Civil Protection Act; (“décret pris en vertu de l’article 7.0.2 et maintenu”)

“COVID-19 declared emergency” means the emergency declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act. (“situation d’urgence déclarée en raison de la COVID-19”)

“occupier” has the same meaning as in the Trespass to Property Act; (“occupant”)

“premises” has the same meaning as in the Trespass to Property Act. (“lieux”) 2020, c. 17, s. 1; 2020, c. 23, Sched. 6, s. 1.

Section Amendments with date in force (d/m/y)

2020, c. 23, Sched. 6, s. 1 - 01/10/2020

Orders

Orders continued

2 (1) The orders made under section 7.0.2 or 7.1 of the Emergency Management and Civil Protection Act that have not been revoked as of the day this subsection comes into force are continued as valid and effective orders under this Act and cease to be orders under the Emergency Management and Civil Protection Act.

Exception

(2) Subsection (1) does not apply to the order filed as Ontario Regulation 106/20 (Order Made Under the Act — Extensions and Renewals of Orders).

Clarification

(3) For greater certainty, an order that is in force is continued under subsection (1) even if, on the day that subsection comes into force, the order does not apply to any area of the Province.

Time limit on application of orders

3 (1) An order continued under section 2 ceases to apply 30 days after it is continued under section 2, subject to extension under subsection (2).

Extension of orders

(2) The Lieutenant Governor in Council may by order, before it ceases to apply, extend the effective period of an order for periods of no more than 30 days.

Power to amend orders

4 (1) The Lieutenant Governor in Council may, by order,

(a) subject to subsections (2) and (5), amend a continued section 7.0.2 order in a way that would have been authorized under section 7.0.2 of the Emergency Management and Civil Protection Act if the COVID-19 declared emergency were still in effect and references in that section to the emergency were references to the COVID-19 pandemic and its effects;

(b) amend an order continued under section 2 to address transitional matters relating to the termination of the COVID-19 declared emergency, the enactment of this Act or the continuation of orders under section 2.

Limitation on amendments

(2) An amendment may be made under clause (1) (a) only if,

(a) the amendment relates to one or more of the subject matters listed in subsection (3); or

(b) the amendment requires persons to act in compliance with any advice, recommendation or instruction of a public health official.

Same

(3) The subject matters referred to in clause (2) (a) are the following:

1. Closing or regulating any place, whether public or private, including any business, office, school, hospital or other establishment or institution.

2. Providing for rules or practices that relate to workplaces or the management of workplaces, or authorizing the person responsible for a workplace to identify staffing priorities or to develop, modify and implement redeployment plans or rules or practices that relate to the workplace or the management of the workplace, including credentialing processes in a health care facility.

3. Prohibiting or regulating gatherings or organized public events.

Definition of “credentialing process”

(4) In paragraph 2 of subsection (3),

“credentialing process” means the activities, processes, procedures and proceedings for appointing and reappointing health care staff and determining the nature and scope of privileges assigned to them.

Orders that may not be amended

(5) Amendments may not be made under clause (1) (a) to the following orders:

1. Ontario Regulation 75/20 (Drinking Water Systems and Sewage Works).

2. Ontario Regulation 76/20 (Electronic Service).

3. Ontario Regulation 80/20 (Electricity Price for RPP Consumers).

4. Ontario Regulation 114/20 (Enforcement of Orders).

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

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

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

8. Ontario Regulation 141/20 (Temporary Health or Residential Facilities).

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

10. Ontario Regulation 192/20 (Certain Persons Enabled to Issue Medical Certificates of Death).

11. Ontario Regulation 210/20 (Management of Long-Term Care Homes in Outbreak).

12. Ontario Regulation 240/20 (Management of Retirement Homes in Outbreak).

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

14. Ontario Regulation 345/20 (Patios).

Amendments may change requirements, extend application

(6) For greater certainty, an amendment made under clause (1) (a) may do the following, subject to subsection (2):

1. Impose more onerous or different requirements, including in different parts of the Province.

2. Extend the application of the order being amended, including the geographic scope of the order and the persons it applies to.

Amendments may be retroactive

(7) An amendment, if it so provides, may be retroactive to a date specified in...