Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17 - Bill 195

Fecha de última tramitación:July 24, 2020
Fecha de apertura:July 21, 2020
 
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EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 195 and does not form part of the law. Bill 195 has been enacted as Chapter 17 of the Statutes of Ontario, 2020.

The Bill enacts the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

The Act continues orders made under sections 7.0.2 and 7.1 of the Emergency Management and Civil Protection Act in relation to COVID-19. Continued orders will cease to apply after 30 days but can be extended by the Lieutenant Governor in Council for additional periods of up to 30 days.

Orders may be amended by the Lieutenant Governor in Council, subject to limitations. A continued section 7.0.2 order may be amended if the amendment would have been authorized under the Emergency Management and Civil Protection Act and if it satisfies other specified requirements. Certain continued section 7.0.2 orders listed in the Act may not be amended. Any continued order may be amended to address transitional issues. Orders may also be revoked.

The power to extend, amend or revoke orders can be delegated to a Minister.

The powers to extend or amend orders cease to apply after one year but the Assembly, on the recommendation of the Premier, may extend those powers for additional periods of up to one year.

Enforcement provisions are included to provide for court orders to restrain contraventions and to provide for offences. Those provisions are based on provisions of the Emergency Management and Civil Protection Act.

The Premier, or a Minister, is required to report regularly to the public and, at least once every 30 days, appear before, and report to, a standing or select committee of the Assembly. The Premier is required to table a report in the Assembly after one year and after any extension of the power to extend or amend orders.

If the COVID-19 declared emergency has not already been terminated, the Act provides for its termination.

The Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

chapter 17

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

Assented to July 21, 2020

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”)

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...

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