emergency management and civil protection act ontario, 2021

23 October 2020,

13. C, s. 32 (7); 2019, c. 7, Sched. (3) Despite the maximum fines set out in subsection (1), the court that convicts a person of an offence may increase a fine imposed on the person by an amount equal to the financial benefit that was acquired by or that accrued to the person as a result of the commission of the offence. 2002, c. 14, s. 12. (6) Every municipality shall review and, if necessary, revise its emergency plan every year. James Murray. 2006, c. 13, s. 1 (5). R.S.O. (2) An order of the Commissioner of Emergency Management made under subsection 7.0.2 (4) is revoked at the end of the second full day following its making unless it is confirmed before that time by order of the Lieutenant Governor in Council, the Premier or the Minister who delegated the power to make the order. 5 The emergency plan of a lower-tier municipality in an upper-tier municipality, excluding a county, shall conform to the emergency plan of the upper-tier municipality and has no effect to the extent of any inconsistency and, for the purposes of this section, The Corporation of the County of Lambton shall be deemed to be an upper-tier municipality. (2) A person is guilty of a separate offence on each day that an offence under subsection (1) occurs or continues. (2) The Chief, Emergency Management Ontario shall keep in a secure place the most current version of every emergency plan submitted to him or her. Bill 265 2021 An Act to amend the Executive Council Act in respect of attendance at Question Period 13 (1) The Solicitor General, with the approval of the Lieutenant Governor in Council, may make agreements with the Crown in right of Canada in respect of the payment by Canada to Ontario of any part of the cost to Ontario and to municipalities of the development and implementation of emergency management programs and the formulation and implementation of emergency plans. 2006, c. 13, s. 1 (4). 2002, c. 14, s. 8; 2006, c. 35, Sched. From the Government of Ontario – Today, the Government of Ontario announced that it is taking decisive action by making an order declaring an emergency under s 7.0.1 (1) the Emergency Management and Civil Protection Act. (d) any other element required by the standards for emergency management programs set under section 14. (4) In accordance with subsection (2) and subject to the limitations in subsection (3), the Lieutenant Governor in Council may make orders in respect of the following: 1. These time-limited orders remain valid for 14 days unless revoked or extended in accordance with the Emergency Management and Civil Protection Act and will come into effect on Friday, April 9, 2021. Standards for emergency management programs and emergency plans. (3) An order made under subsection 7.0.2 (4) or 7.1 (2) may be general or specific in its application. 1990, c. E.9, s. 12; 1999, c. 12, Sched. Individual — fail to comply with an order made during a declared emergency: 7.0.11 (1) $750.00: 2. Consistent with the powers authorized in this subsection, taking such other actions or implementing such other measures as the Lieutenant Governor in Council considers necessary in order to prevent, respond to or alleviate the effects of the emergency. (5) An order under paragraph 12 of subsection (4) may provide for terms and conditions of service for persons providing and receiving services under that paragraph, including the payment of compensation to the person providing services. 2247. (c) increasing the amount of a fee. 2006, c. 13, s. 1 (4). (6) A head of an institution, as defined in the Municipal Freedom of Information and Protection of Privacy Act, shall not, under that Act, disclose a record that, (a) contains information required for the identification and assessment activities under subsection (3); and. (3) If, as the result of making an order under subsection 7.0.2 (4), a person suffers the loss, including a taking, of any real or personal property, the Lieutenant Governor in Council may by order authorize the reasonable compensation of the person for the loss in accordance with such guidelines as may be approved by the Lieutenant Governor in Council. (“municipalité”) 2006, c. 13, s. 1 (6). The regulation, made under the Emergency Management and Civil Protection Act, provides further details on when you can leave your home for essential purposes. 2002, c. 14, s. 4. Additionally, emergency orders currently in force under the Emergency Management and Civil Protection Act have been extended until May 5, 2021. 1990, c. E.9, s. 4 (4). 2006, c. 13, s. 1 (4). 9. (“denrées, services et ressources nécessaires”) 2006, c. 13, s. 1 (4). TORONTO — The Ontario government, in consultation with the Chief Medical Officer of Health and other health experts, is immediately declaring a third provincial emergency under s 7.0.1 (1) of the Emergency Management and Civil Protection Act (EMPCA). 2002, c. 14, s. 4. The EMCPA is Ontario legislation. (2) If the Assembly passes a resolution disallowing the declaration of emergency or the extension of one, any order made under subsection 7.0.2 (4) is revoked as of the day the resolution passes. A declaration has been made under section 7.0.1. i. governs services, benefits or compensation, including. Members were permitted to participate electronically and be counted toward quorum as a state of emergency had been declared pursuant to the Emergency Management and Civil Protection Act. 2006, c. 13, s. 1 (4). 2006, c. 13, s. 1 (4). Definition 3. C, s. 32 (3). In addition, absences arising from declared emergencies or orders under the Emergency Management and Civil Protection Act are added to the list of permissible absences in subsection 7 (2) of the Act. 2002, c. 14, s. 4. 2002, c. 14, s. 16. 2 The Solicitor General is responsible for the administration of this Act. (4) Subject to subsection (5), a head of an institution, as defined in the Municipal Freedom of Information and Protection of Privacy Act, may refuse under that Act to disclose a record if, (a) the record contains information required for the identification and assessment activities under subsection (3); and. In this Order, "Stage 1 Order" means Ontario Regulation 82/20 (Rules for Areas in … The new government order is currently in place for 14 days as of Saturday, under the Emergency Management and Civil Protection Act. In addition, orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, with the exception of O.Reg. 2006, c. 13, s. 1 (5). 2006, c. 13, s. 1 (4). 6. Under the Emergency Management and Civil Protection Act, you cannot: camp for recreational purposes on public (Crown) land administered by Ministry of Natural Resources and Forestry under the Public Lands Act occupy tents or other camping structures, such as trailers, recreational vehicles and watercraft equipped for overnight accommodation The prohibition will remain in place … R.S.O. Most of the charges were laid under the Emergency Management and Civil Protection Act. We have not issued any tickets yet, but we are educating the public and several warnings have been given. Emergency Management and Civil Protection Act, RSO 1990, c E.9, retrieved on 2021-05-09 Former title: Emergency Management Act (6) If a provision establishing a limitation period or a period of time within which a step must be taken in a proceeding is temporarily suspended by the order and the order does not provide for a replacement limitation period or period of time, the limitation period or period of time resumes running on the date on which the temporary suspension ends and the temporary suspension period shall not be counted. 8/21 (Enforcement of COVID-19 Measures) currently in force, under the Emergency Management and Civil Protection Act, have been extended until April 19, 2021, as the province continues to deal with the impacts of COVID-19. The Ontario government will require anyone being charged under the Emergency Management and Civil Protection Act to identify themselves to any officer enforcing the act. 7.0.3 (1) If an order is made under section 7.0.1, the Premier may exercise any power or perform any duty conferred upon a minister of the Crown or an employee of the Crown by or under an Act of the Legislature. (9) A person who has collected or used information as the result of an order under paragraph 13 of subsection (4) may remove information that could be used to identify a specific individual from the data for the purpose of clause (8) (a). (4) In the case of an order that is made retroactive to a date specified in the order, subsection (1) applies to an individual referred to in that subsection in respect of any act or any neglect or default that occurs before the order is made but on or after the date specified in the order. 2006, c. 13, s. 1 (4). 7.0.7 (1) Subject to this section, an emergency declared under section 7.0.1 is terminated at the end of the 14th day following its declaration unless the Lieutenant Governor in Council by order declares it to be terminated at an earlier date. (“fonctionnaire”) R.S.O. “necessary goods, services and resources” includes food, water, electricity, fossil fuels, clothing, equipment, transportation and medical services and supplies. 2006, c. 13, s. 1 (4). (2) A regulation made under subsection (1) may be general or particular in its application. (7) The following rules apply with respect to an order under paragraph 13 of subsection (4): 1. The resources referred to in subparagraph i may be insufficiently effective to address the emergency. R.S.O. Declared emergency leave. 10. 2006, c. 13, s. 1 (5). (a) making any reduction in respect of services, benefits or compensation; (b) shortening a limitation period or a period of time within which a step must be taken in a proceeding; or. 17, s. 64. (3) Every minister of the Crown described in clause (1) (a) and every agency, board, commission or other branch of government described in clause (1) (b) shall review and, if necessary, revise its emergency plan every year. 2006, c. 13, s. 1 (4). C, s. 32 (6). (1) Section 1 of Schedule 1 to Ontario Regulation 8/21 is amended by adding the following definition: (5) An order that has previously been renewed under clause (4) (a) may be renewed again, and in that case clause (4) (a) applies with necessary modifications. 2006, c. 13, s. 1 (4). (a) in the case of a municipality, authorize employees of the municipality or, in the case of a plan formulated under section 6 or 8, authorize public servants to take action under the emergency plan where an emergency exists but has not yet been declared to exist; (b) specify procedures to be taken for the safety or evacuation of persons in an emergency area; (c) in the case of a municipality, designate one or more members of council who may exercise the powers and perform the duties of the head of council under this Act or the emergency plan during the absence of the head of council or during his or her inability to act; (d) establish committees and designate employees to be responsible for reviewing the emergency plan, training employees in their functions and implementing the emergency plan during an emergency; (e) provide for obtaining and distributing materials, equipment and supplies during an emergency; (e.1) provide for any other matter required by the standards for emergency plans set under section 14; and. Whereas under the Emergency Management and Civil Protection Act, the government had to go back to them every 28 days for extensions.” The amendment power under the Act includes making the emergency order “more onerous” imposing “different requirements” and applying the order to other areas of the province, states the Act. 7. 2006, c. 13, s. 1 (4). 1990, c. E.9, s. 4 (1). Regulating or prohibiting travel or movement to, from or within any specified area. (8) Nothing in this section affects a person’s right of appeal under section 39 of the Municipal Freedom of Information and Protection of Privacy Act with respect to a record described in this section. 2006, c. 13, s. 1 (4). 2006, c. 13, s. 1 (8). C, s. 32 (4). 2006, c. 13, s. 1 (4). ��ࡱ� > �� { �� bjbjĶĶ D ��f��f� 0 �� 8 �� $ � �� n� � "� : \� ( �� $ ,� � �� b � �� H (� �� M� � �� g�:3� �� 4 � �� >� 0 n� 3� � D� �� @ D� 4 �� 8 D� �� " � �� (�. (5) A head of an institution, as defined in the Municipal Freedom of Information and Protection of Privacy Act, shall not disclose a record described in subsection (4). 2002, c. 14, s. 7. (3) Subsection (1) does not relieve a municipality of liability for the acts or omissions of a member of council or an employee of the municipality referred to in subsection (1), and the municipality is liable as if subsection (1) had not been enacted and, in the case of a member of council, as if the member were an employee of the municipality. 2006, c. 13, s. 1 (4). R.S.O. 2006, c. 13, s. 1 (4). The resources normally available to a ministry of the Government of Ontario or an agency, board or commission or other branch of the government, including existing legislation, cannot be relied upon without the risk of serious delay. P, s. 9. C, s. 32 (5). The terms of this Order are set out in Schedule 1. 14 (1) The Solicitor General may make regulations setting standards for the development and implementation of emergency management programs under sections 2.1 and 5.1 and for the formulation and implementation of emergency plans under sections 3 and 6. 2002, c. 17, Sched. Ontario's ministry of health announced 47 new cases of … to formulate an emergency plan for the ministry or branch of government, as the case may be, in respect of the type of emergency assigned to it by the Lieutenant Governor in Council, governing the provision of necessary services during an emergency and the procedures under and the manner in which public servants and other persons will respond to the emergency. 2. 7.0.2 (1) The purpose of making orders under this section is to promote the public good by protecting the health, safety and welfare of the people of Ontario in times of declared emergencies in a manner that is subject to the Canadian Charter of Rights and Freedoms. (a) before the end of the period of temporary suspension, review the order and, if the conditions set out in subsection (3) continue to apply, make an order renewing the original order for a further period of temporary suspension not exceeding 90 days; (b) at any time, make a new order under subsection (2) for a further period of temporary suspension not exceeding 90 days. The Emergency Management and Civil Protection Act is an Act of the Legislative Assembly of Ontario that grants the Premier of Ontario and the Executive Council of Ontario the authority to declare a state of emergency. This lockdown is similar to the previous provincial emergencies that have been implemented. It is not possible, without the risk of serious delay, to ascertain whether the resources referred to in subparagraph i can be relied upon. On April 8, 2021 Ontario entered into a 3 rd provincial emergency order under the Emergency Management and Civil Protection Act (EMPCA) to curb the rising number of COVID-19 cases.. No amending legislation available on CanLII, Emergency Management and Civil Protection Act. Emergency Management and Civil Protection Act. (4) The Premier of Ontario may at any time declare that an emergency has terminated. P, s. 3; 2002, c. 14, s. 3; 2002, c. 17, Sched. 2002, c. 14, s. 8. 2006, c. 13, s. 1 (4). 1990, c. E.9, s. 1; 1999, c. 12, Sched. 1990, c. E.9, s. 8; 1999, c. 12, Sched. R.S.O. 2006, c. 13, s. 1 (4). Made: April 16, 2021 (10:40 p.m.) Filed: April 16, 2021 Published on e-Laws: April 16, 2021 Printed in The Ontario Gazette: May 1, 2021 Amending O. Reg. Subject to subsection (7), requiring that any person collect, use or disclose information that in the opinion of the Lieutenant Governor in Council may be necessary in order to prevent, respond to or alleviate the effects of the emergency. (7) The council of a municipality shall close to the public a meeting or part of a meeting if the subject matter being considered is the council’s approval for the purpose of subsection (5). Subject to section 7.0.8, an order shall be effective only for as long as is necessary. 2002, c. 14, s. 9. “animal” means a domestic animal or bird or an animal or bird that is wild by nature that is in captivity; (“animal”), “Commissioner of Emergency Management” means the person appointed from time to time by order in council as the Commissioner of Emergency Management; (“commissaire à la gestion des situations d’urgence”), “municipality” includes a local board of a municipality, a district social services administration board and, despite subsection 6 (2) of the Northern Services Boards Act, a local services board; (“municipalité”). 5. 3. (4) If there is a resolution before the Assembly to extend the period of the emergency, the declaration of emergency shall continue until the resolution is voted on. The province says, “Case rates, hospitalizations, and ICU occupancy are increasing rapidly, threatening … During a declared emergency, employees have the right to take an unpaid, job-protected leave if: (2) If an order is made under section 7.0.1 and the emergency area or any part of it is within the jurisdiction of a municipality, the Premier, where he or she considers it necessary, may by order made under this section, (a) direct and control the administration, facilities and equipment of the municipality in the emergency area, and, without restricting the generality of the foregoing, the exercise by the municipality of its powers and duties in the emergency area, whether under an emergency plan or otherwise, is subject to the direction and control of the Premier; and. 9, s. 4. (3) Every municipality, minister of the Crown and designated agency, board, commission and other branch of government shall ensure that their emergency management programs and emergency plans conform to the standards set under this section. 5.1 (1) Every minister of the Crown presiding over a ministry of the Government of Ontario and every agency, board, commission and other branch of government designated by the Lieutenant Governor in Council shall develop and implement an emergency management program consisting of. P, s. 6. On January 12, 2021, the Government of Ontario declared a new provincial State of Emergency under the Emergency Management and Civil Protection Act (“ EMCPA ”) and new public health restrictions that will be imposed across Ontario to combat the ongoing COVID-19 pandemic and the worsening situation in the province. 241/20 (Special Rules Re Temporary Pandemic … 2002, c. 14, s. 4. Made: January 13, 2021 (5:56 p.m.) Filed: January 13, 2021 Published on e-Laws: January 13, 2021 Printed in The Ontario Gazette: January 30, 2021 Stay-at-Home Order. The first order relates to the redeployment of certain health care professionals and other workers to hospitals. 2006, c. 13, s. 1 (5). The terms of this Order are set out in Schedule 1. (8) Paragraph 2 of subsection (7) does not prohibit the use of data that is collected as a result of an order to disclose information under paragraph 13 of subsection (4) for research purposes if, (a) information that could be used to identify a specific individual is removed from the data; or. IMPORTANT COVID-19 UPDATE – January 14, 2021 PROVINCE OF ONTARIO On January 12, 2021, the Government of Ontario declared an Emergency under the Emergency Management and Civil Protection Act in response to the growing number of COVID-19 cases. C, s. 32 (1, 2). There is an emergency that requires immediate action to prevent, reduce or mitigate a danger of major proportions that could result in serious harm to persons or substantial damage to property. 2002, c. 14, s. 16. (8) Despite subsection (4), in the event of a conflict between this Act or an order made under subsection 7.0.2 (4) and the Occupational Health and Safety Act or a regulation made under it, the Occupational Health and Safety Act or the regulation made under it prevails. (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability for the acts or omissions of a minister of the Crown or a public servant referred to in subsection (1) and the Crown is liable under that Act as if subsection (1) had not been enacted. 2006, c. 13, s. 1 (4). (2) In developing an emergency management program, every minister of the Crown and every designated agency, board, commission and other branch of government shall identify and assess the various hazards and risks to public safety that could give rise to emergencies and identify the facilities and other elements of the infrastructure for which the minister or agency, board, commission or branch is responsible that are at risk of being affected by emergencies. (4) Without limiting the generality of subsection (2), the Lieutenant Governor in Council may by order authorize the payment of the costs incurred by a municipality in respect of an order made under this Act out of funds appropriated by the Assembly. (4) The Lieutenant Governor in Council may designate a municipality to address a specific type of emergency in its emergency plan and, if so required, the municipality shall include the type of emergency specified in its emergency plan. 1990, c. E.9, s. 13 (1); 2002, c. 14, s. 15. 1990, c. E.9, s. 13 (2). Emergency Management and Civil Protection Act R.S.O. 2006, c. 13, s. 1 (4). On January 12, 2021, the Government of Ontario declared a second provincial emergency under s. 7.0.1(1) of the Emergency Management and Civil Protection Act.. Closing any place, whether public or private, including any business, office, school, hospital or other establishment or institution. R.S.O. R.S.O. 2006, c. 13, s. 1 (5). 15 This Act binds the Crown. 7.0.6 During an emergency, the Premier, or a Minister to whom the Premier delegates the responsibility, shall regularly report to the public with respect to the emergency. 2002, c. 14, s. 4. Published January 14, 2021 The Ontario government has released the legal text of the stay-at-home order, which took effect at 12;01 a.m. Thursday (January 14). (2) The Lieutenant Governor in Council may by order extend an emergency before it is terminated for one further period of no more than 14 days. Terms of Order. Last amendment: 2019, c. 7, Sched. As of Monday, April 19, 2021 at 12:01 a.m., the government will also restrict travel into Ontario from Manitoba and Quebec with the exception of purposes including: Read all the permitted reasons to travel into Ontario from Manitoba or Quebec. C, s. 17; 2006, c. 35, Sched. (b) reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly. (2) If the conditions set out in subsection (3) are satisfied, the Lieutenant Governor in Council may, by order made on the recommendation of the Attorney General, but only if the Lieutenant Governor in Council is of the opinion described in subsection (1), (a) temporarily suspend the operation of a provision of a statute, regulation, rule, by-law or order of the Government of Ontario; and. 2006, c. 13, s. 1 (4). 2006, c. 13, s. 1 (5). 2002, c. 14, s. 10. requires the payment of fees in respect of a proceeding or in connection with anything done in the administration of justice. (a) if the institution is a municipality and the head of the institution is not the council of the municipality, without the prior approval of the council of the municipality; (b) if the institution is a board, commission or body of a municipality, without the prior approval of the council of the municipality or, if it is a board, commission or body of two or more municipalities, without the prior approval of the councils of those municipalities. 8 The Lieutenant Governor in Council shall formulate an emergency plan respecting emergencies arising in connection with nuclear facilities, and any provisions of an emergency plan of a municipality respecting such an emergency shall conform to the plan formulated by the Lieutenant Governor in Council and are subject to the approval of the Solicitor General and the Solicitor General may make such alterations as he or she considers necessary for the purpose of co-ordinating the plan with the plan formulated by the Lieutenant Governor in Council. 7.0.1 (1) Subject to subsection (3), the Lieutenant Governor in Council or the Premier, if in the Premier’s opinion the urgency of the situation requires that an order be made immediately, may by order declare that an emergency exists throughout Ontario or in any part of Ontario. 1990, c. E.9, s. 9; 2002, c. 14, s. 13; 2006, c. 35, Sched. Emergency Management and Civil Protection Act. (b) in respect of making any orders under subsection 7.0.3 (2) and an explanation as to why he or she considered it necessary to make the order. 55/21 (Compliance Orders for Retirement Homes) and O. Reg. (2) The head of council or the council of a municipality may at any time declare that an emergency has terminated. (3) Despite subsection 5 (3) of the Municipal Act, 2001, a municipality is authorized to exercise a municipal power in response to an order of the Premier or his or her delegate made under subsection (2) without a by-law. 2006, c. 13, s. 1 (4); 2006, c. 35, Sched. Confidentiality of third party information. Lieutenant Governor in Council to formulate plan. 2006, c. 13, s. 1 (5). MARIE, ONTARIO ~~ April 16, 2020 (LSN) Chief Stevenson spoke about our efforts regarding the Emergency Management and Civil Protection Act. 2006, c. 13, s. 1 (5). 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