Supporting Ontario's Recovery and Municipal Elections Act, 2020, S.O. 2020, c. 26 - Bill 218

• Jurisdiction: Ontario
• Bill Number: 218
• Date: 20 November 2020

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 218 and does not form part of the law. Bill 218 has been enacted as Chapter 26 of the Statutes of Ontario, 2020.

Schedule 1
supporting Ontario’s Recovery ACT, 2020

The Supporting Ontario’s Recovery Act, 2020 is enacted. Section 2 of the Act provides that no cause of action arises against any person as a direct or indirect result of an individual being or potentially being infected with or exposed to coronavirus (COVID-19) on or after March 17, 2020 as a direct or indirect result of an act or omission of the person if,

(a) at the relevant time, the person acted or made a good faith effort to act in accordance with,

(i) public health guidance relating to coronavirus (COVID-19) that applied to the person, and

(ii) any federal, provincial or municipal law relating to coronavirus (COVID-19) that applied to the person; and

(b) the act or omission of the person does not constitute gross negligence.

Proceedings directly or indirectly based on or related to any such matter may not be brought, and any that exist when the Act comes into force are deemed to have been dismissed without costs. The section also applies with respect to a person who is vicariously liable for the acts or omissions of another person, if the other person’s liability is negated in relation to any such act or omission under subsection 2 (1). The terms “good faith effort”, “law”, “public health guidance”, and “person” are defined and clarified in section 1 of the Act.

The Act also sets out an exception to section 2 relating to the closure of a person’s operations under a law, as well as exceptions relating to employment and the performance of work.

Schedule 2
Municipal Elections Act, 1996

Currently, the Municipal Elections Act, 1996 provides a framework for conducting ranked ballot elections for offices on a municipal council. Amendments are made to remove that framework. Ontario Regulation 310/16 (Ranked Ballot Elections) made under the Act is revoked.

chapter 26

An Act to enact the Supporting Ontario’s Recovery Act, 2020
respecting certain proceedings relating to the coronavirus (COVID-19), to amend
the Municipal Elections Act, 1996 and to revoke a regulation

Assented to November 20, 2020

CONTENTS

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

Contents of this Act

1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2 (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The short title of this Act is the Supporting Ontario’s Recovery and Municipal Elections Act, 2020.

Schedule 1
Supporting Ontario’s Recovery ACT, 2020

Interpretation

1 (1) In this Act,

“good faith effort” includes an honest effort, whether or not that effort is reasonable; (“effort de bonne foi”)

“law” means a statute or any regulation, order, by-law or other instrument made under a statute; (“règle de droit”)

“public health guidance” means advice, recommendations, directives, guidance or instructions given or made in respect of public health, regardless of the form or manner of their communication, by any of the following:

i. The Chief Medical Officer of Health appointed under the Health Protection and Promotion Act, an Associate Chief Medical Officer of Health under that Act or the Office of the Chief Medical...