Emergency Management and Civil Protection Act

RSO 1990, c E.9

See: 2019, c. 7, Sched. 17, ss. 64, 65.

The best way to prevent the spread of COVID-19 is to practice social distancing, wear a face mask when in public, wash your hands often with soap and water for at least 20 seconds, avoid touching your face, cover your cough or sneeze with a tissue and throw it away immediately, clean and disinfect frequently touched surfaces daily, and stay home if you are feeling sick.

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Emergency powers and orders are those that are issued by a government or other authority in response to an emergency situation. These powers and orders may be used to protect the public, maintain order, or respond to a crisis. They can include restrictions on movement, curfews, martial law, and other measures. In some cases, emergency powers and orders may be used to suspend certain civil liberties or rights in order to ensure public safety.

• The purpose of orders made under section 7.0.2 of the Emergency Management and Civil Protection Act is to protect the health, safety, and welfare of people in Ontario during declared emergencies in a way that respects the Canadian Charter of Rights and Freedoms. This includes ensuring that any restrictions imposed are necessary and proportionate to the emergency situation.

• 1. The harm or damage is likely to occur; and
  2. The order is necessary and essential to prevent, reduce or mitigate the harm or damage.

  1. the order is necessary to protect the public interest.

     The Court may make an interim order if it considers that:

     the harm or damage is likely to occur; and

     the order is necessary to protect the public interest.

     The Court may also make an interim order if it considers that:

     there is a risk of harm or damage; and

     the order is necessary to protect the public interest.

  2. Making an order is not the only measure that can be taken to address an emergency. Other measures may include:

     1. Establishing a task force or committee to investigate and recommend solutions;
     2. Implementing temporary regulations or policies;
     3. Allocating additional resources to address the emergency;
     4. Developing public awareness campaigns;
     5. Establishing partnerships with other organizations or agencies;
     6. Seeking assistance from outside experts; and
     7. Taking legal action, if necessary.

• 1. The order must be limited in scope and duration to the extent necessary to address the emergency.
  2. The order must not conflict with any other applicable laws or regulations.
  3. The order must be consistent with the principles of fundamental justice and due process of law.

  1. The actions authorized by an order should be exercised in a manner that is consistent with the objectives of the order and minimizes any potential intrusiveness. This may include using the least intrusive means available to achieve the desired outcome, such as using targeted surveillance or other methods that are less likely to disrupt individuals’ privacy rights. Additionally, any information collected should be limited to what is necessary for achieving the objectives of the order and should not be used for any other purpose.

  2. An order may be applied to the entire Province, or to specific areas of the Province, depending on the nature of the emergency and the need for action. The order should only apply to those areas where it is necessary in order to address the emergency.

  3. 7.0.8 An order may be extended or renewed by the court, upon application of either party, for such period as the court considers necessary and appropriate in the circumstances.

• 1. Establishing or amending the terms and conditions of any emergency order;
  2. Establishing or amending the powers, duties, and functions of any person or body in relation to an emergency order;
  3. Establishing or amending the procedures for making, administering, and enforcing an emergency order;
  4. Authorizing the Lieutenant Governor in Council to make regulations respecting any matter related to an emergency order.

  1. 1. Establish an emergency response team and assign roles and responsibilities.
     2. Develop a communication plan to ensure that all stakeholders are informed of the emergency situation.
     3. Create an evacuation plan for personnel, visitors, and customers in the event of an emergency.
     4. Identify potential hazards associated with the emergency situation and develop strategies to mitigate them.
     5. Develop a plan for providing medical assistance to those affected by the emergency situation.
     6. Establish a system for tracking resources used during the emergency response effort.
     7. Develop a post-emergency assessment process to evaluate the effectiveness of the response effort and identify areas for improvement in future emergencies.
     8. Train personnel on how to respond appropriately in an emergency situation, including how to use safety equipment such as fire extinguishers or first aid kits if necessary

  2. Regulating or prohibiting travel or movement to, from or within any specified area is a measure that can be used to help contain the spread of a contagious disease. This could include closing borders, restricting public transportation, and limiting access to certain areas. It can also involve imposing quarantine requirements on people entering or leaving an area. Such measures can be effective in preventing the spread of disease, but they can also have significant economic and social impacts.

  3. Providing transportation and shelter for individuals and animals.

     Coordinating with local, state, and federal agencies to ensure the safety of individuals and property.

     Assisting in the development of emergency plans for evacuation and relocation.

     Providing information to the public about evacuation routes, shelters, and other resources available during an emergency.

     Assisting in the coordination of search and rescue operations.

     Monitoring weather conditions to anticipate potential threats from natural disasters.

     Maintaining records of evacuations, relocations, and other activities related to emergency management.

  4. Providing food, clothing, and other basic necessities to individuals in need.

     Creating programs to help individuals find employment and housing.

     Establishing educational programs for individuals who are homeless or at risk of becoming homeless.

     Developing outreach programs to connect individuals with available resources.

     Advocating for policy changes that will benefit the homeless population.

  5. Closing any place, whether public or private, requires the approval of the relevant authorities. Depending on the type of establishment, this may include local government officials, health departments, or other regulatory bodies. The closure must be done in accordance with applicable laws and regulations. In some cases, it may also require a formal notice to be issued to affected parties.

  6. 1. Constructing temporary shelters and other necessary facilities to provide immediate relief to those affected by the emergency.
     2. Restoring essential infrastructure such as roads, bridges, power lines, water systems, etc.
     3. Appropriating resources such as food, water, medical supplies and other necessities for those affected by the emergency.
     4. Using military personnel and equipment to assist in responding to the emergency situation.
     5. Destroying hazardous materials or structures that could cause further damage or harm during the emergency situation.
     6. Removing debris from affected areas to prevent further damage or injury from occurring during the emergency situation.
     7. Disposing of hazardous materials in a safe manner to prevent contamination of land or water sources during the emergency situation.

  7. 1. Collecting: Waste can be collected from households, businesses, and other sources. This can be done manually or with the help of specialized equipment such as garbage trucks.

     2. Transporting: Once collected, waste must be transported to a processing facility or disposal site. This is usually done by truck or train.

     3. Storing: Waste must be stored in a safe and secure manner until it can be processed or disposed of properly. This may involve storing it in containers or special storage facilities.

     4. Processing: Depending on the type of waste, it may need to be processed before it can be disposed of safely. This could include sorting, shredding, incinerating, composting, etc.

     5. Disposing: The final step is disposing of the waste in an appropriate manner that meets all local regulations and laws. This could involve burying it in a landfill, burning it in an incinerator, recycling it, etc.

  8. Authorizing the use of state resources and personnel to respond to or alleviate the effects of the emergency.

     Suspending any statute, rule, regulation, or ordinance that would prevent or hinder the response to or alleviation of the effects of the emergency.

  9. 1. Establishing a network of distribution centres: The Ontario government can work with local municipalities, non-profit organizations, and businesses to establish distribution centres across the province that provide necessary goods, services, and resources. These centres could be used to distribute food, medical supplies, personal protective equipment (PPE), and other essential items.

     2. Utilizing existing infrastructure: The Ontario government can leverage existing infrastructure such as schools, community centres, libraries, and other public spaces to provide necessary goods and services. This could include setting up food banks or providing access to medical care in these locations.

     3. Working with local businesses: The Ontario government can partner with local businesses to ensure that necessary goods and services are available throughout the province. This could include working with grocery stores to ensure that food is available in all communities or partnering with pharmacies to make sure that medications are accessible.

     4. Providing financial assistance: The Ontario government can provide financial assistance to individuals and families who are struggling financially due to the pandemic. This could include providing direct cash payments or offering tax credits for those who need it most.

     5. Establishing a volunteer network: The Ontario government can create a volunteer network of individuals who are willing to help out their neighbours by delivering groceries or providing other essential services during this time of need.

  10. Procuring necessary goods, services and resources involves identifying the specific needs of a business or organization, researching potential vendors and suppliers, negotiating contracts, and managing the delivery of goods and services. This process may also involve evaluating bids from multiple vendors to ensure that the best value is obtained for the money spent. Additionally, it may include developing policies and procedures to ensure that all purchases are made in compliance with applicable laws and regulations.

  11. Regulating the supply of necessary goods, services and resources to ensure that they are available in sufficient quantity and quality.

      Ensuring that necessary goods, services and resources are accessible to all people regardless of their economic or social status.

      Establishing a system of subsidies for necessary goods, services and resources to make them more affordable for those who cannot afford them.

      Creating incentives for businesses to produce necessary goods, services and resources in an environmentally sustainable manner.

      Developing regulations to protect consumers from unfair practices such as false advertising or deceptive pricing.

      Implementing policies that promote competition among providers of necessary goods, services and resources in order to keep prices low.

      Encouraging the development of new technologies that can improve the efficiency with which necessary goods, services and resources are produced or delivered.

  12. This language authorizes, but does not require, any person or class of persons to provide services that they are reasonably qualified to provide. This authorization does not create a legal obligation for the person or class of persons to provide the services; it merely allows them to do so if they choose.

  13. (7) No person shall be required to collect, use or disclose information that is not necessary for the purpose of preventing, responding to or alleviating the effects of the emergency.

  14. The Lieutenant Governor in Council may take any action or implement any measure that is necessary to prevent, respond to, or alleviate the effects of the emergency. This could include issuing orders, regulations, and directives; providing financial assistance; suspending or changing laws; and taking other measures as deemed necessary.

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Orders in emergency

• Purpose
  7.1 (1) The purpose of this section is to authorize the Lieutenant Governor in Council to make appropriate orders when, in the opinion of the Lieutenant Governor in Council, victims of an emergency or other persons affected by an emergency need greater services, benefits or compensation than the law of Ontario provides or may be prejudiced by the operation of the law of Ontario.  2006, c. 13, s. 1 (5).

• Order Explanation
  The Lieutenant Governor in Council, on the recommendation of the Attorney General, may make an order if they are of the opinion described in subsection (1) and if the conditions set out in subsection (3) are satisfied.

  1. temporarily suspend the operation of a provision of an Act, regulation, rule, by-law or order of the Government of Canada.

  2. During the temporary suspension period, any provision of this Act that is suspended shall be replaced by the following:

     (1) All persons affected by the suspension shall be entitled to a refund of any fees or other payments made in connection with the suspended provision.

     (2) Any person who has been adversely affected by the suspension may seek compensation from the government for any losses incurred as a result of the suspension.

     (3) The government shall take all reasonable steps to ensure that any disruption caused by the suspension is minimized and that services are provided in an efficient and timely manner.

• (a) that the person has been convicted of an offence against a law of the Commonwealth, a State or a Territory;

  (b) that the offence is punishable by imprisonment for 12 months or more; and

  (c) that the court is satisfied that it is in the public interest to make such an order.

  1. I, [Name], hereby declare that I have read and understand the terms and conditions of section 7.0.1 of [Document Name]. I agree to abide by these terms and conditions and will take all necessary steps to ensure their compliance.

  2. which was included in the Senate version of the bill, would have allowed states to opt out of certain provisions of the Affordable Care Act.

     The provision was opposed by Democrats, who argued that it would undermine the law and lead to higher premiums for consumers. Republicans argued that it would give states more flexibility in how they implement the law.

     In the end, the provision was not included in the final version of the bill, which passed both chambers of Congress and was signed into law by President Obama in March 2010.

     1. but not limited to,

        health care, housing, education and child care;

        Health care: Health care services are provided by a variety of organizations, including hospitals, clinics, private practices, and other health care providers. These services include preventive care, diagnosis and treatment of illnesses and injuries, as well as rehabilitation services.

        Housing: Housing services provide access to safe and affordable housing for individuals and families. This can include rental assistance programs, public housing programs, home ownership programs, and other housing-related services.

        Education: Education services provide access to educational opportunities for individuals of all ages. This can include primary and secondary school programs, college or university programs, vocational training programs, adult education classes, and other educational resources.

        Child Care: Child care services provide access to quality child care for children of all ages. This can include daycare centers, after-school programs, summer camps, babysitting services, nanny services, and other child-care related resources.

        1. setting minimum amounts,

           setting a maximum number of transactions, or

           setting a maximum amount for each transaction.

           You can also set up an account to require two signatures on all checks. This is called dual control and it helps protect your business from fraud and theft. Dual control means that two people must sign off on any check before it can be cashed or deposited. This helps ensure that only authorized individuals are able to access the funds in the account.

        2. developing a process for determining eligibility,

           determining the amount of assistance to be provided, and

           establishing procedures for administering the program.

           The state must also develop a system to track the use of funds and ensure that they are used in accordance with federal requirements. Finally, the state must provide training and technical assistance to local agencies administering the program.

        3. This requirement is often referred to as a “proof of eligibility” or “eligibility verification.” It means that an individual must provide evidence that they meet the criteria for receiving services, benefits, or compensation before they can access them. This could include providing documents such as birth certificates, Social Security numbers, proof of income, or other forms of identification. In some cases, individuals may also need to pass a background check or take a drug test in order to be eligible for certain services.

        4. restricting the amount of a service or benefit that may be provided or a payment that may be made in a given time period, and

           requiring individuals to meet certain criteria before they can receive a service or benefit or make a payment.

        5. restricting the number of services, benefits or compensation that may be provided,

           restricting the amount of services, benefits or compensation that may be provided, and

           restricting the type of services, benefits or compensation that may be provided.

           The restrictions must be reasonable and must not have a discriminatory effect on any employee. The employer should also ensure that any restrictions are clearly communicated to employees in writing.

     2. establishes a period of time within which an action must be commenced or taken.

        The limitation period for the commencement of proceedings in the Supreme Court is set out in s. 28 of the Limitation Act 1958 (Vic). The limitation period for the commencement of proceedings in the Magistrates’ Court is set out in s. 29 of that Act.

        The limitation periods are as follows:

        Supreme Court: 6 years from when the cause of action arose; or 12 years from when the cause of action arose if it relates to land, a trust, or a contract under seal.

        Magistrates’ Court: 2 years from when the cause of action arose; or 6 years from when the cause of action arose if it relates to land, a trust, or a contract under seal.

     3. (2) The fees payable under subsection (1) shall be prescribed by the Minister.