QUEEN’S PARK – New legislation introduced by the provincial government on July 7 could soon end Ontario’s declared state of emergency but leave some of the existing emergency orders in place a year or more.
“While the declaration of emergency may come to an end shortly, the risk posed by COVID-19 is likely to be with us for some time to come,” said Solicitor General Sylvia Jones in a press release. “This new legislation would provide the government with the necessary flexibility to ensure select tools remain in place to protect vulnerable populations, such as seniors, and respond to this deadly virus.”
The Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 would, if passed in the legislature where the governing Progressive Conservatives have a majority, ensure certain measures remain in place to address the threat of COVID-19 once the provincial declaration of emergency has ended.
The legislation would:
– continue emergency orders in effect under the Emergency Management and Civil Protection Act (EMCPA) under the new legislation for an initial 30 days;
– allow the Lieutenant Governor in Council to further extend these orders for up to 30 days at a time;
– allow certain emergency orders to be amended to continue under the EMCPA if the amendment relates to:
– labour redeployment or workplace and management rules;
– closure of places and spaces or regulation of how businesses and establishments can be open to provide goods or services in a safe manner;
– compliance with public health advice; or
– rules related to gatherings and organized public events.
While no new emergency orders could be created under the proposed legislation, it would allow emergency orders to be rescinded when it is safe to do so.
The ability to extend and amend orders would be limited to one year, unless extended by the Ontario legislature.
Appropriate oversight and transparency would be ensured through regular, mandated reporting that provides the rationale for the extension of any emergency order. The legislation would include the same types of provisions on offences and penalties as set out under the EMCPA to address non-compliance with orders.
“If passed, the proposed legislation would allow us to chart a responsible path to economic reopening and recovery without putting all the progress we’ve made in fighting this virus at risk,” said Premier Doug Ford. “Even as we continue certain emergency orders under the proposed legislation to protect public health, we will always be a government accountable to the people of Ontario. That’s why I will ensure ongoing updates are provided and that a report is tabled within four months of the anniversary of this proposed Act coming into force.”
Ontario’s official state of emergency, implemented on March 17, is currently set to expire July 15, and the government was expected to introduce a motion on July 8 to extend it until July 24 to ensure there is no gap between the declaration and when the new bill comes into force.
Asked during a press conference if he could foresee some emergency orders lingering on beyond a year, Ford said, “I want this wrapped up as soon as possible.”
